Link to Page 1140

 

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ê2001 Statutes of Nevada, Page 1141 (Chapter 258, SB 546)ê

 

         (2) The forms that the person must use to request notification; and

         (3) The forms or procedures that the person must use to provide a change of address after a request for notification has been submitted.

    3.  The following persons are entitled to receive documentation pursuant to paragraph (b) of subsection 2:

    (a) A person against whom the offense is committed.

    (b) A person who is injured as a direct result of the commission of the offense.

    (c) If a person listed in paragraph (a) or (b) is under the age of 18 years, each parent or guardian who is not the offender.

    (d) Each surviving spouse, parent and child of a person who is killed as a direct result of the commission of the offense.

    (e) A relative of a person listed in paragraphs (a) to (d), inclusive, if the relative requests in writing to be provided with the documentation.

    4.  Except as otherwise provided in subsection 5, if the offense was a felony and the offender is imprisoned, the warden of the prison shall, if the victim or witness so requests in writing and provides his current address, notify him at that address when the offender is released from the prison.

    5.  If the offender was convicted of a violation of subsection 3 of NRS 200.366 or a violation of subsection 1, paragraph (a) of subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508, the warden of the prison shall notify:

    (a) The immediate family of the victim if the immediate family provides their current address;

    (b) Any member of the victim’s family related within the third degree of consanguinity, if the member of the victim’s family so requests in writing and provides his current address; and

    (c) The victim, if he will be 18 years of age or older at the time of the release and has provided his current address,

before the offender is released from prison.

    6.  The warden must not be held responsible for any injury proximately caused by his failure to give any notice required pursuant to this section if no address was provided to him or if the address provided is inaccurate or not current.

    7.  As used in this section:

    (a) “Immediate family” means any adult relative of the victim living in the victim’s household.

    (b) “Sexual offense” means:

         (1) Sexual assault pursuant to NRS 200.366;

         (2) Statutory sexual seduction pursuant to NRS 200.368;

         (3) Battery with intent to commit sexual assault pursuant to NRS 200.400;

         (4) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;

         (5) Incest pursuant to NRS 201.180;

         (6) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195;

         (7) Open or gross lewdness pursuant to NRS 201.210;

         (8) Indecent or obscene exposure pursuant to NRS 201.220;

         (9) Lewdness with a child pursuant to NRS 201.230;

         (10) Sexual penetration of a dead human body pursuant to NRS 201.450;


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ê2001 Statutes of Nevada, Page 1142 (Chapter 258, SB 546)ê

 

         (11) Annoyance or molestation of a minor pursuant to NRS 207.260;

         (12) An offense that, pursuant to a specific statute, is determined to be sexually motivated; or

         (13) An attempt to commit an offense listed in this paragraph.

    Sec. 4.  NRS 213.1255 is hereby amended to read as follows:

    213.1255  1.  In addition to any conditions of parole required to be imposed pursuant to NRS 213.1245, as a condition of releasing on parole a prisoner who was convicted of committing an offense listed in subsection 2 against a child under the age of 14 years, the board shall, when appropriate:

    (a) Require the parolee to participate in psychological counseling;

    (b) Prohibit the parolee from being alone with a child unless another adult who has never been convicted of a sexual offense is present; and

    (c) Prohibit the parolee from being on or near the grounds of any place that is primarily designed for use by or for children, including, without limitation, a public or private school, a center or facility that provides day care services, a video arcade and an amusement park.

    2.  The provisions of subsection 1 apply to a prisoner who was convicted of:

    (a) Sexual assault pursuant to paragraph (c) of subsection 3 of NRS 200.366;

    (b) Abuse or neglect of a child pursuant to subparagraph (1) of paragraph (a) of subsection 1 or subparagraph (1) of paragraph (a) of subsection 2 of NRS 200.508;

    (c) An offense punishable pursuant to subsection 2 of NRS 200.750;

    (d) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to subparagraph (1) of paragraph (a) of subsection 1 of NRS 201.195;

    (e) Lewdness with a child pursuant to NRS 201.230; or

    (f) Any combination of the crimes listed in paragraphs (a) to (e), inclusive.

    Sec. 5.  1.  Except as otherwise provided in subsection 2, the amendatory provisions of this act do not apply to offenses committed before October 1, 2001.

    2.  The amendatory provisions of this act apply to offenses committed before October 1, 2001, for the purposes of determining whether a person is subject to the provisions of subparagraph (2) of paragraph (b) of subsection 1 or subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508, as amended by this act.

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ê2001 Statutes of Nevada, Page 1143ê

 

CHAPTER 259, SB 560

Senate Bill No. 560–Committee on Government Affairs

 

CHAPTER 259

 

AN ACT relating to public works; requiring the attorney general to prosecute persons who violate certain provisions relating to employment of workmen on a public work; increasing the period within which a person may not be awarded a contract for a public work after being assessed an administrative penalty for committing an offense; revising the provisions governing the determination of the prevailing wages in a county; revising the provisions establishing which workmen are employed on a public work and subject to the provisions governing prevailing wages; clarifying the duties of public bodies to investigate possible violations of certain provisions governing employment on a public work; requiring contractors and subcontractors to submit certain records concerning his workmen to a public body within a certain period; providing that a failure to maintain and provide such records within such period constitutes an offense which may subject the contractor or subcontractor to administrative penalties and civil liability; providing that a violation of certain regulations is a misdemeanor; changing monetary limits of certain penalties and fines; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 30, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 338.010 is hereby amended to read as follows:

    338.010  As used in this chapter:

    1.  “Day labor” means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a workman or workmen employed by them on public works by the day and not under a contract in writing.

    2.  “Design-build contract” means a contract between a public body and a design-build team in which the design-build team agrees to design and construct a public work.

    3.  “Design-build team” means an entity that consists of:

    (a) At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to chapter 624 of NRS; and

    (b) For a public work that consists of:

         (1) A building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS.

         (2) Anything other than a building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS or is licensed as a professional engineer pursuant to chapter 625 of NRS.

    4.  “Design professional” means a person with a professional license or certificate issued pursuant to chapter 623, 623A or 625 of NRS.

    5.  “Eligible bidder” means a person who is:

    (a) Found to be a responsible and responsive contractor by a local government which requests bids for a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373; or

    (b) Determined by a public body which awarded a contract for a public work pursuant to NRS 338.1375 to 338.1389, inclusive, to be qualified to bid on that contract pursuant to NRS 338.1379 or was exempt from meeting such qualifications pursuant to NRS 338.1383.


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ê2001 Statutes of Nevada, Page 1144 (Chapter 259, SB 560)ê

 

    6.  “Local government” means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318, 379, 474, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.

    7.  “Offense” means failing to:

    (a) Pay the prevailing wage required pursuant to this chapter;

    (b) Pay the contributions for unemployment compensation required pursuant to chapter 612 of NRS; [or]

    (c) Provide and secure compensation for employees required pursuant to chapters 616A to 617, inclusive, of NRS [.] ; or

    (d) Comply with subsection 4 or 5 of NRS 338.070.

    8.  “Prime contractor” means a person who:

    (a) Contracts to construct an entire project;

    (b) Coordinates all work performed on the entire project;

    (c) Uses his own work force to perform all or a part of the construction, repair or reconstruction of the project; and

    (d) Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors.

    9.  “Public body” means the state, county, city, town, school district or any public agency of this state or its political subdivisions sponsoring or financing a public work.

    10.  “Public work” means any project for the new construction, repair or reconstruction of:

    (a) A project financed in whole or in part from public money for:

         (1) Public buildings;

         (2) Jails and prisons;

         (3) Public roads;

         (4) Public highways;

         (5) Public streets and alleys;

         (6) Public utilities which are financed in whole or in part by public money;

         (7) Publicly owned water mains and sewers;

         (8) Public parks and playgrounds;

         (9) Public convention facilities which are financed at least in part with public funds; and

         (10) All other publicly owned works and property whose cost as a whole exceeds $20,000.

Each separate unit that is a part of a project is included in the cost of the project to determine whether a project meets that threshold.

    (b) A building for the University and Community College System of Nevada of which 25 percent or more of the costs of the building as a whole are paid from money appropriated by this state or from federal money.

    11.  “Specialty contractor” means a contractor whose operations as such are the performance of construction work requiring special skill and whose principal contracting business involves the use of specialized building trades or crafts.


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ê2001 Statutes of Nevada, Page 1145 (Chapter 259, SB 560)ê

 

    12.  “Stand-alone underground utility project” means an underground utility project that is not integrated into a larger project, including, without limitation:

    (a) An underground sewer line or an underground pipeline for the conveyance of water, including facilities appurtenant thereto; and

    (b) A project for the construction or installation of a storm drain, including facilities appurtenant thereto,

that is not located at the site of a public work for the design and construction of which a public body is authorized to contract with a design-build team pursuant to subsection 2 of NRS 338.1711.

    13.  “Wages” means:

    (a) The basic hourly rate of pay; and

    (b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other similar programs or other bona fide fringe benefits which are a benefit to the workman.

    14.  “Workman” means a skilled mechanic, skilled workman, semiskilled mechanic, semiskilled workman or unskilled workman. The term does not include a design professional.

    Sec. 2.  NRS 338.010 is hereby amended to read as follows:

    338.010  As used in this chapter:

    1.  “Day labor” means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a workman or workmen employed by them on public works by the day and not under a contract in writing.

    2.  “Eligible bidder” means a person who is:

    (a) Found to be a responsible and responsive contractor by a local government which requests bids for a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373; or

    (b) Determined by a public body which awarded a contract for a public work pursuant to NRS 338.1375 to 338.1389, inclusive, to be qualified to bid on that contract pursuant to NRS 338.1379 or was exempt from meeting such qualifications pursuant to NRS 338.1383.

    3.  “Local government” means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318, 379, 474, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.

    4.  “Offense” means failing to:

    (a) Pay the prevailing wage required pursuant to this chapter;

    (b) Pay the contributions for unemployment compensation required pursuant to chapter 612 of NRS; [or]

    (c) Provide and secure compensation for employees required pursuant to chapters 616A to 617, inclusive, of NRS [.] ; or

    (d) Comply with subsection 4 or 5 of NRS 338.070.

    5.  “Prime contractor” means a person who:

    (a) Contracts to complete an entire project;

    (b) Coordinates all work performed on the entire project;

    (c) Uses his own work force to perform all or a part of the construction, repair or reconstruction of the project; and


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ê2001 Statutes of Nevada, Page 1146 (Chapter 259, SB 560)ê

 

    (d) Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors.

    6.  “Public body” means the state, county, city, town, school district or any public agency of this state or its political subdivisions sponsoring or financing a public work.

    7.  “Public work” means any project for the new construction, repair or reconstruction of:

    (a) A project financed in whole or in part from public money for:

         (1) Public buildings;

         (2) Jails and prisons;

         (3) Public roads;

         (4) Public highways;

         (5) Public streets and alleys;

         (6) Public utilities which are financed in whole or in part by public money;

         (7) Publicly owned water mains and sewers;

         (8) Public parks and playgrounds;

         (9) Public convention facilities which are financed at least in part with public funds; and

         (10) Any other publicly owned works and property whose cost as a whole exceeds $20,000. Each separate unit that is a part of a project is included in the cost of the project to determine whether a project meets that threshold.

    (b) A building for the University and Community College System of Nevada of which 25 percent or more of the costs of the building as a whole are paid from money appropriated by this state or from federal money.

    8.  “Wages” means:

    (a) The basic hourly rate of pay; and

    (b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other similar programs or other bona fide fringe benefits which are a benefit to the workman.

    9.  “Workman” means a skilled mechanic, skilled workman, semiskilled mechanic, semiskilled workman or unskilled workman. The term does not include a “design professional” as that term is defined in NRS 338.155.

    Sec. 3.  NRS 338.015 is hereby amended to read as follows:

    338.015  1.  The labor commissioner shall enforce the provisions of NRS 338.010 to 338.130, inclusive. When informed of [violations thereof,] a violation of NRS 338.010 to 338.130, inclusive, the labor commissioner may hold hearings on and assess [fines for violations] a fine of not more than $5,000 for each violation of those provisions and shall report [those] all violations to the [district attorney of the county in which the violations occurred.] attorney general.

    2.  The labor commissioner may, by regulation, establish a sliding scale based on the severity of the violation to determine the amount of the fine to be assessed pursuant to subsection 1.

    3.  The [district] attorney general shall prosecute the violator in accordance with law.

    Sec. 4.  NRS 338.017 is hereby amended to read as follows:

    338.017  If any administrative penalty is imposed against a person for the commission of an offense, that person, and the corporate officers, if any, of that person, may not be awarded a contract for a public work:


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ê2001 Statutes of Nevada, Page 1147 (Chapter 259, SB 560)ê

 

    1.  For the first offense, for a period of [2] 3 years after the date of the imposition of the administrative penalty; and

    2.  For the second or subsequent offense for a period of [3] 5 years after the date of the imposition of the administrative penalty.

    Sec. 5.  NRS 338.030 is hereby amended to read as follows:

    338.030  1.  The public body awarding any contract for public work, or otherwise undertaking any public work, shall ascertain from the labor commissioner the prevailing wage in the county in which the public work is to be performed for each craft or type of work.

    2.  To establish a prevailing wage in each county, including Carson City, the labor commissioner shall, annually, survey contractors who have performed work in the county. Within 30 days after the determination is issued [, any] :

    (a) A public body or [any] person entitled under subsection 5 to be heard may submit an objection to the labor commissioner with evidence to substantiate that a different wage prevails [.] ; and

    (b) Any person may submit information to the labor commissioner that would support a change in the prevailing wage of a craft or type of work by 50 cents or more per hour in any county.

    3.  The labor commissioner shall hold a hearing in the locality in which the work is to be executed if he:

    (a) Is in doubt as to the prevailing wage; or

    (b) [Receives information from any person which would change the prevailing wage of a craft or a type of work by 50 cents or more per hour in any county; or

    (c)] Receives an objection or information pursuant to subsection 2.

The labor commissioner may hold only one hearing a year on the prevailing wage of any craft or type of work in any county.

    4.  Notice of the hearing must be advertised in a newspaper nearest to the locality of the work once a week for 2 weeks before the time of the hearing.

    5.  At the hearing, any public body, the crafts affiliated with the state federation of labor or other recognized national labor organizations , and the contractors of the locality or their representatives must be heard. From the evidence presented , the labor commissioner shall determine the prevailing wage.

    6.  The wages so determined must be filed by the labor commissioner, and must be available to any public body which awards a contract for any public work.

    7.  Nothing contained in NRS 338.020 to 338.090, inclusive, may be construed to authorize the fixing of any wage below any rate which may now or hereafter be established as a minimum wage for any person employed upon any public work, or employed by any officer or agent of any political subdivision of the State of Nevada.

    Sec. 6.  NRS 338.040 is hereby amended to read as follows:

    338.040  [Workmen employed by contractors or subcontractors or by public bodies at the site of]

    1.  Except as otherwise provided by specific statute, workmen who are:

    (a) Employed at the site of the public work ; and [necessary]

    (b) Necessary in the execution of [any] the contract for the public [works] work,

are deemed to be employed on public works.


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ê2001 Statutes of Nevada, Page 1148 (Chapter 259, SB 560)ê

 

    2.  The labor commissioner shall adopt regulations to define the circumstances under which a workman is:

    (a) Employed at the site of a public work; and

    (b) Necessary in the execution of the contract for the public work.

    Sec. 7.  NRS 338.050 is hereby amended to read as follows:

    338.050  For the purpose of NRS 338.010 to 338.090, inclusive, except as otherwise provided by specific statute, every workman [employed by a contractor or subcontractor on] who performs work for a public work covered by a contract therefor [shall be] is subject to all of the provisions of NRS 338.010 to 338.090, inclusive, regardless of any contractual relationship alleged to exist between [the contractor and subcontractor and] such workman [.] and his employer.

    Sec. 8.  NRS 338.060 is hereby amended to read as follows:

    338.060  1.  A contractor engaged on public works shall forfeit, as a penalty to the public body in behalf of which the contract has been made and awarded to the contractor, not less than [$10] $20 nor more than [$25] $50 for each calendar day or portion thereof that each workman employed on the public work:

    (a) Is paid less than the designated rate for any work done under the contract, by the contractor or any subcontractor under him.

    (b) Is not reported to the [labor commissioner and the] public body awarding the contract as required pursuant to NRS 338.070.

The public body awarding the contract shall cause a stipulation to this effect to be inserted in the contract.

    2.  The labor commissioner shall, by regulation, establish a sliding scale based on the size of the contractor’s business to determine the amount of the penalty to be imposed pursuant to subsection 1.

    3.  If a penalty is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the labor commissioner.

    Sec. 9.  NRS 338.070 is hereby amended to read as follows:

    338.070  1.  Any public body and its officers or agents awarding a contract shall:

    (a) [Take cognizance of complaints of] Investigate possible violations of the provisions of NRS 338.010 to 338.090, inclusive, committed in the course of the execution of the contract [;] and determine whether a violation has been committed and inform the labor commissioner of any such violations; and

    (b) When making payments to the contractor of money becoming due under the contract, withhold and retain all sums forfeited pursuant to the provisions of NRS 338.010 to 338.090, inclusive.

    2.  No sum may be withheld, retained or forfeited, except from the final payment, without a full investigation being made by the awarding body or its agents.

    3.  It is lawful for any contractor to withhold from any subcontractor under him sufficient sums to cover any penalties withheld from him by the awarding body on account of the failure of the subcontractor to comply with the terms of NRS 338.010 to 338.090, inclusive. If payment has already been made to the subcontractor, the contractor may recover from him the amount of the penalty or forfeiture in a suit at law.

    4.  The contractor and each subcontractor shall keep or cause to be kept an accurate record showing the name, the occupation and the actual per diem, wages and benefits paid to each workman employed by him in connection with the public work.


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ê2001 Statutes of Nevada, Page 1149 (Chapter 259, SB 560)ê

 

diem, wages and benefits paid to each workman employed by him in connection with the public work.

    5.  The record must be open at all reasonable hours to the inspection of the public body awarding the contract, and its officers and agents. [A] The contractor or subcontractor shall ensure that a copy of the record for each calendar month [must be sent to the labor commissioner and] is received by the public body awarding the contract no later than [1 week] 10 days after the end of the month. The copy must be open to public inspection as provided in NRS 239.010. The record in the possession of the public body awarding the contract may be discarded by the public body [1 year] 2 years after final payment is made by the public body for the public work.

    6.  Any contractor or subcontractor, or agent or representative thereof, [doing] performing work for a public work who neglects to comply with the provisions of this section is guilty of a misdemeanor.

    Sec. 10.  NRS 338.090 is hereby amended to read as follows:

    338.090  1.  Any person, including the officers, agents or employees of a public body, who violates any of the provisions of NRS 338.010 to 338.080, inclusive, or any regulation adopted pursuant thereto, is guilty of a misdemeanor.

    2.  The labor commissioner, in addition to any other penalty provided in this chapter:

    (a) Shall assess a person who, after a hearing, is found to have failed to pay the prevailing wage required pursuant to NRS 338.020 to 338.090, inclusive, an amount equal to the difference between the prevailing wages required to be paid and the wages he actually paid; and

    (b) May in addition impose an administrative fine not to exceed the costs he incurred to investigate and prosecute the matter.

    Sec. 11.  The amendatory provisions of this act do not apply to offenses or violations that are committed before July 1, 2001.

    Sec. 12.  1.  This section and sections 3 to 11, inclusive, of this act become effective on July 1, 2001.

    2.  Section 1 of this act becomes effective on July 1, 2001, and expires by limitation on October 1, 2003.

    3.  Section 2 of this act becomes effective at 12:01 a.m. on October 1, 2003.

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ê2001 Statutes of Nevada, Page 1150ê

 

CHAPTER 260, AB 264

Assembly Bill No. 264–Assemblymen Buckley, Tiffany, Parks, Manendo, Koivisto, Giunchigliani, Anderson, Arberry, Bache, Beers, Berman, Brower, Brown, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Freeman, Gibbons, Goldwater, Gustavson, Hettrick, Lee, Marvel, McClain, Mortenson, Neighbors, Oceguera, Parnell, Perkins, Price, Smith, and Von Tobel

 

CHAPTER 260

 

AN ACT relating to children; revising provisions governing the duty of certain persons to report the abuse or neglect of children; authorizing a county to adopt ordinances regarding the designation and operation of approved youth shelters; providing that approved youth shelters are immune from civil liability under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 30, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 432B.220 is hereby amended to read as follows:

    432B.220  1.  Any person who is described in subsection 3 and who, in his professional or occupational capacity, knows or has reasonable cause to believe that a child has been abused or neglected shall:

    (a) Except as otherwise provided in subsection 2, report the abuse or neglect of the child to an agency which provides protective services or to a law enforcement agency; and

    (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child has been abused or neglected.

    2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse or neglect of the child involves an act or omission of:

    (a) A person directly responsible or serving as a volunteer for or an employee of a public or private home, institution or facility where the child is receiving child care outside of his home for a portion of the day, the person shall make the report to a law enforcement agency.

    (b) An agency which provides protective services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission, and the investigation of the abuse or neglect of the child must be made by an agency other than the one alleged to have committed the act or omission.

    3.  A report must be made pursuant to subsection 1 by the following persons:

    (a) A physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician’s assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, advanced emergency medical technician or other person providing medical services licensed or certified in this state;

    (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of suspected abuse or neglect of a child by a member of the staff of the hospital;


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ê2001 Statutes of Nevada, Page 1151 (Chapter 260, AB 264)ê

 

notification of suspected abuse or neglect of a child by a member of the staff of the hospital;

    (c) A coroner;

    (d) A clergyman, practitioner of Christian Science or religious healer, unless he has acquired the knowledge of the abuse or neglect from the offender during a confession;

    (e) A social worker and an administrator, teacher, librarian or counselor of a school;

    (f) Any person who maintains or is employed by a facility or establishment that provides care for children, children’s camp or other public or private facility, institution or agency furnishing care to a child;

    (g) Any person licensed to conduct a foster home;

    (h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer;

    (i) An attorney, unless he has acquired the knowledge of the abuse or neglect from a client who is or may be accused of the abuse or neglect; [and]

    (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met [.] ; and

    (k) Any person who is employed by or serves as a volunteer for an approved youth shelter. As used in this paragraph, “approved youth shelter” has the meaning ascribed to it in section 4 of this act.

    4.  A report may be made by any other person.

    5.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a child has died as a result of abuse or neglect, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the report and submit to an agency which provides protective services his written findings. The written findings must include, if obtainable, the information required pursuant to the provisions of subsection 2 of NRS 432B.230.

    Sec. 2.  Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 10, inclusive, of this act.

    Sec. 3.  As used in sections 3 to 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 8, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 4.  “Approved youth shelter” means a youth shelter that has been designated as approved by a county pursuant to an ordinance adopted pursuant to section 9 of this act.

    Sec. 5.  “Necessary services” means:

    1.  Food and access to overnight shelter.

    2.  Counseling to address immediate emotional crises or problems.

    3.  Outreach services to locate and assist runaway or homeless youths.

    4.  Screening for basic health needs and referrals to public and private agencies for health care.

    5.  Referrals to assistance and services offered by public and private agencies.

    6.  Long-term planning, placement and follow-up services.

    Sec. 6.  “Runaway or homeless youth” means a youth who is:

    1.  Without a place of shelter where supervision and care are available; or


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ê2001 Statutes of Nevada, Page 1152 (Chapter 260, AB 264)ê

 

    2.  Absent from his legal residence without the consent of his parent, guardian or custodian.

    Sec. 7.  “Youth” means a child who is:

    1.  Twelve years of age or older;

    2.  Unemancipated; and

    3.  Mentally competent.

    Sec. 8.  “Youth shelter” means an entity which is not operated for profit and which provides, at a minimum, necessary services to runaway or homeless youths who qualify for such services.

    Sec. 9.  1.  The board of county commissioners of any county may provide by ordinance for the designation of a youth shelter operated within the county as an approved youth shelter.

    2.  If a board of county commissioners has adopted an ordinance pursuant to subsection 1, a youth shelter that is located in that county and seeking to be designated as an approved youth shelter may apply to the board of county commissioners for such a designation.

    3.  An ordinance adopted by a board of county commissioners pursuant to subsection 1 must:

    (a) Prescribe the requirements for designation of a youth shelter as an approved youth shelter, including, without limitation:

         (1) A requirement that the youth shelter provide necessary services;

         (2) The form and manner of the application for designation or renewal of a designation as an approved youth shelter;

         (3) An application fee in an amount not to exceed the actual cost to the county for reviewing the application; and

         (4) A requirement that an applicant must comply with the provisions of an ordinance adopted pursuant to this section and with all applicable federal, state and local laws and ordinances pertaining to shelters for the homeless.

    (b) Provide for reasonable inspections of an approved youth shelter to confirm that the youth shelter is complying with the provisions of an ordinance adopted to carry out the provisions of this section.

    (c) Provide for the revocation of a designation as an approved youth shelter for failure to comply with the provisions of an ordinance adopted to carry out the provisions of this section.

    (d) Require an approved youth shelter to conduct an interview to determine whether a youth is a runaway or homeless youth and is qualified to receive the necessary services of the approved youth shelter.

    (e) Upon admission of a runaway or homeless youth to a shelter, require:

         (1) The notification of the parent, guardian or custodian of the runaway or homeless youth concerning the whereabouts of the runaway or homeless youth as soon as practicable, except in circumstances of suspected abuse or neglect;

         (2) The notification of state and local law enforcement agencies concerning the whereabouts of the runaway or homeless youth; and

         (3) A licensed professional to perform an evaluation of the youth to determine:

             (I) The reasons why the youth is a runaway or homeless youth;

             (II) Whether the youth is a victim of abuse or neglect; and

             (III) Whether the youth needs immediate medical care or counseling.


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ê2001 Statutes of Nevada, Page 1153 (Chapter 260, AB 264)ê

 

    (f) Require an approved youth shelter to return or facilitate the return of a runaway or homeless youth to the parent, guardian or custodian who was notified of the whereabouts of the runaway or homeless youth pursuant to subparagraph (1) of paragraph (e) if the parent, guardian or custodian so requests.

    (g) Provide for the liability of a parent, guardian or custodian of a runaway or homeless youth for any expenses or costs incurred by the approved youth shelter for providing services to the runaway or homeless youth only if the services of the shelter were obtained through fraud or misrepresentation.

    (h) Require the information or records obtained by an approved youth shelter to remain confidential, unless the use or disclosure of the information or records is necessary to:

         (1) Locate a parent, guardian or custodian of a runaway or homeless youth;

         (2) Comply with the duty to report abuse or neglect of a child pursuant to NRS 432B.220;

         (3) Notify state and local law enforcement agencies or the clearinghouse; or

         (4) Seek appropriate assistance for a runaway or homeless youth from public and private agencies.

    4.  In a county where the board of county commissioners has adopted an ordinance pursuant to subsection 1, the board of county commissioners may establish, by ordinance, other regulations as are necessary to carry out the provisions of this section.

    5.  As used in this section:

    (a) “Abuse or neglect” means abuse or neglect of a child as defined in NRS 432B.020.

    (b) “Clearinghouse” has the meaning ascribed to it in NRS 432.150.

    (c) “Licensed professional” includes, without limitation:

         (1) A social worker;

         (2) A registered nurse;

         (3) A physician;

         (4) A psychologist;

         (5) A teacher; or

         (6) Any other class of persons who are identified in an ordinance adopted by a county who hold a professional license in this state and who are trained to recognize indications of abuse or neglect.

    Sec. 10.  If a county designates a youth shelter as an approved youth shelter pursuant to an ordinance adopted pursuant to section 9 of this act, the approved youth shelter and its director, employees, agents or volunteers are immune from civil liability based upon any act or failure to act while admitting, releasing or caring for a runaway or homeless youth, unless the act or failure to act was the result of the gross negligence or intentional or reckless misconduct of the approved youth shelter or its director, employees, agents or volunteers.

________

 


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ê2001 Statutes of Nevada, Page 1154ê

 

CHAPTER 261, AB 547

Assembly Bill No. 547–Committee on Judiciary

 

CHAPTER 261

 

AN ACT relating to securities; making various changes to provisions governing securities; making various changes to provisions governing the authority of the administrator of the securities division of the office of the secretary of state in licensing matters; and providing other matters properly relating thereto.

 

[Approved: May 30, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 90.350 is hereby amended to read as follows:

    90.350  1.  An applicant for licensing as a broker-dealer, sales representative, investment adviser or representative of an investment adviser must file with the administrator an application for licensing and a consent to service of process pursuant to NRS 90.770 and pay the fee required by NRS 90.360. The application for licensing must contain the social security number of the applicant and any other information the administrator determines by regulation to be necessary and appropriate to facilitate the administration of this chapter.

    2.  The requirements of subsection 1 are satisfied by an applicant who has filed and maintains a completed and current registration with the Securities and Exchange Commission or a self-regulatory organization if the information contained in that registration is readily available to the administrator through [a central depository system approved by him.] the central registration depository or another depository for registrations that has been approved by the administrator by regulation or order. Such an applicant must also file a notice with the administrator in the form and content determined by the administrator by regulation and a consent to service of process pursuant to NRS 90.770 and the fee required by NRS 90.360. The administrator, by order, may require the submission of additional information by an applicant.

    3.  As used in this section, “central registration depository” means the Central Registration Depository of the National Association of Securities Dealers, Inc., or its successor, and the North American Securities Administrators Association or its successor.

    Sec. 2.  NRS 90.380 is hereby amended to read as follows:

    90.380  1.  Unless a proceeding under NRS 90.420 has been instituted, the license of any broker-dealer, sales representative, investment adviser or representative of an investment adviser becomes effective 30 days after an application for licensing has been filed and is complete, including any amendment, if all requirements imposed pursuant to NRS 90.370 and 90.375 have been satisfied. An application or amendment is complete when the applicant has furnished information responsive to each applicable item of the application. The administrator may [by order] authorize an earlier effective date of licensing.

    2.  The license of a broker-dealer, sales representative, investment adviser or representative of an investment adviser is effective until terminated by revocation, suspension, expiration or withdrawal.


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ê2001 Statutes of Nevada, Page 1155 (Chapter 261, AB 547)ê

 

    3.  The license of a sales representative is only effective with respect to transactions effected on behalf of the broker-dealer or issuer for whom the sales representative is licensed.

    4.  A person shall not at any one time act as a sales representative for more than one broker-dealer or for more than one issuer, unless the administrator by regulation or order authorizes multiple licenses.

    5.  If a person licensed as a sales representative terminates association with a broker-dealer or issuer or ceases to be a sales representative, the sales representative and the broker-dealer or issuer on whose behalf the sales representative was acting shall promptly notify the administrator.

    6.  The administrator by regulation may authorize one or more special classifications of licenses as a broker-dealer, sales representative, investment adviser or representative of an investment adviser to be issued to applicants subject to limitations and conditions on the nature of the activities that may be conducted by persons so licensed.

    7.  The license of a broker-dealer, sales representative, investment adviser or representative of an investment adviser expires if:

    (a) The statement required pursuant to NRS 90.375 is not submitted when it is due; or

    (b) The annual fee required by NRS 90.360 is not paid when it is due.

    8.  A license that has expired may be reinstated retroactively if the licensed person:

    (a) Submits the statement required pursuant to NRS 90.375; and

    (b) Pays the fee required by NRS 90.360, plus a fee for reinstatement in the amount of $25,

within 30 days after the date of expiration. If the license is not reinstated within that time, it shall be deemed to have lapsed as of the date of expiration, and the licensed person must thereafter submit a new application for licensing if he desires to be relicensed.

    Sec. 3.  NRS 90.420 is hereby amended to read as follows:

    90.420  1.  The administrator by order may deny, suspend or revoke any license, fine any licensed person , [or essential employee,] limit the activities governed by this chapter that an applicant [,] or licensed person [or essential employee] may perform in this state, bar an applicant [,] or licensed person [or essential employee] from association with a licensed broker-dealer or investment adviser or bar from employment with a licensed broker-dealer or investment adviser a person who is a partner, officer, director, sales representative, investment adviser or representative of an investment adviser, or a person occupying a similar status or performing a similar function for an applicant or licensed person, if the administrator finds that the order is in the public interest and that the applicant or licensed person or, in the case of a broker-dealer or investment adviser, any partner, officer, director, sales representative, investment adviser, representative of an investment adviser , or person occupying a similar status or performing similar functions or any person directly or indirectly controlling the broker-dealer or investment adviser:

    (a) Has filed an application for licensing with the administrator which, as of its effective date, or as of any date after filing in the case of an order denying effectiveness, was incomplete in a material respect or contained a statement that was, in light of the circumstances under which it was made, false or misleading with respect to a material fact;


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ê2001 Statutes of Nevada, Page 1156 (Chapter 261, AB 547)ê

 

    (b) Has violated or failed to comply with a provision of this chapter as now or formerly in effect or a regulation or order adopted or issued under this chapter;

    (c) Is the subject of an adjudication or determination after notice and opportunity for hearing, within the last 5 years by a securities agency or administrator of another state or a court of competent jurisdiction that the person has violated the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Advisers Act of 1940, the Investment Company Act of 1940, the Commodity Exchange Act or the securities law of any other state, but only if the acts constituting the violation of that state’s law would constitute a violation of this chapter had the acts taken place in this state;

    (d) Within the last 10 years has been convicted of a felony or misdemeanor which the administrator finds:

         (1) Involves the purchase or sale of a security, taking a false oath, making a false report, bribery, perjury, burglary, robbery or conspiracy to commit any of the foregoing offenses;

         (2) Arises out of the conduct of business as a broker-dealer, investment adviser, depository institution, insurance company or fiduciary; or

         (3) Involves the larceny, theft, robbery, extortion, forgery, counterfeiting, fraudulent concealment, embezzlement, fraudulent conversion or misappropriation of money or securities or conspiracy to commit any of the foregoing offenses;

    (e) Is or has been permanently or temporarily enjoined by any court of competent jurisdiction, unless the order has been vacated, from acting as an investment adviser, representative of an investment adviser, underwriter, broker-dealer or as an affiliated person or employee of an investment company, depository institution or insurance company or from engaging in or continuing any conduct or practice in connection with any of the foregoing activities or in connection with the purchase or sale of a security;

    (f) Is or has been the subject of an order of the administrator, unless the order has been vacated, denying, suspending or revoking his license as a broker-dealer, sales representative, investment adviser or representative of an investment adviser;

    (g) Is or has been the subject of any of the following orders which were issued within the last 5 years, unless the order has been vacated:

         (1) An order by the securities agency or administrator of another state, Canadian province or territory or by the Securities and Exchange Commission or a comparable regulatory agency of another country, entered after notice and opportunity for hearing, denying, suspending or revoking the person’s license as a broker-dealer, sales representative, investment adviser or representative of an investment adviser;

         (2) A suspension or expulsion from membership in or association with a member of a self-regulatory organization;

         (3) An order of the United States Postal Service relating to fraud;

         (4) An order to cease and desist entered after notice and opportunity for hearing by the administrator, the securities agency or administrator of another state, Canadian province or territory, the Securities and Exchange Commission or a comparable regulatory agency of another country, or the Commodity Futures Trading Commission; or

         (5) An order by the Commodity Futures Trading Commission denying, suspending or revoking registration under the Commodity Exchange Act;


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ê2001 Statutes of Nevada, Page 1157 (Chapter 261, AB 547)ê

 

    (h) Has engaged in unethical or dishonest practices in the securities business;

    (i) Is insolvent, either in the sense that liabilities exceed assets or in the sense that obligations cannot be met as they mature, but the administrator may not enter an order against a broker-dealer or investment adviser under this [subparagraph] paragraph without a finding of insolvency as to the broker-dealer or investment adviser;

    (j) Is determined by the administrator in compliance with NRS 90.430 not to be qualified on the basis of lack of training, experience and knowledge of the securities business; or

    (k) Has failed reasonably to supervise a sales representative [or employee.] , employee or representative of an investment adviser.

    2.  The administrator may not institute a proceeding on the basis of a fact or transaction known to the director when the license became effective unless the proceeding is instituted within 90 days after issuance of the license.

    3.  If the administrator finds that an applicant or licensed person is no longer in existence or has ceased to do business as a broker-dealer, sales representative, investment adviser or representative of an investment adviser or is adjudicated mentally incompetent or subjected to the control of a committee, conservator or guardian or cannot be located after reasonable search, the administrator may by order deny the application or revoke the license.

    [4.  As used in this section, “essential employee” means a person performing the function of a representative of an investment adviser or sales representative, or a similar function, for a licensed person. The term does not include an investment adviser, sales representative or representative of an investment adviser who holds a license or registration issued in accordance with the provisions of this chapter.]

    Sec. 4.  NRS 90.440 is hereby amended to read as follows:

    90.440  1.  An application for a license may be withdrawn by the applicant without prejudice before the license becomes effective.

    2.  Withdrawal from licensing as a broker-dealer, sales representative, investment adviser or representative of an investment adviser becomes effective 30 days after receipt by the administrator of an application to withdraw or within such shorter period as the administrator determines, unless:

    (a) A proceeding to revoke or suspend is pending when the application is filed;

    (b) A proceeding to revoke or suspend or to impose conditions upon the withdrawal is instituted within 30 days after the application is filed; or

    (c) Additional information is requested by the administrator regarding the application.

    3.  If a proceeding is pending or instituted under subsection 2, withdrawal becomes effective at the time and upon the conditions the administrator by order determines. If additional information is requested, withdrawal is effective 30 days after the additional information is filed. Although no proceeding is pending or instituted and withdrawal becomes effective, the administrator may institute a proceeding pursuant to NRS 90.420 within [1 year] 2 years after withdrawal became effective and enter an order as of the last date on which licensing was effective.


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ê2001 Statutes of Nevada, Page 1158 (Chapter 261, AB 547)ê

 

    Sec. 5.  NRS 90.620 is hereby amended to read as follows:

    90.620  1.  The administrator may make an investigation, within or outside of this state, as he finds necessary to determine whether a person has violated or is about to violate this chapter or any regulation or order of the administrator under this chapter or to aid in enforcement of this chapter.

    2.  Except as otherwise provided in subsection 4 of NRS 90.730, the administrator may publish information concerning a violation of this chapter or a regulation or order of the administrator under this chapter or concerning types of securities or acts or practices in the offer, sale or purchase of types of securities which may operate as a fraud or deceit.

    3.  For the purposes of an investigation or proceeding under this chapter the administrator or any officer or employee designated by the administrator by regulation , [or] order or written direction may conduct hearings, administer oaths and affirmations, render findings of fact and conclusions of law, subpoena witnesses, compel their attendance, take evidence and require the production, by subpoena or otherwise, of books, papers, correspondence, memoranda, agreements or other documents or records which the administrator determines to be relevant or material to the investigation or proceeding. A person whom the administrator does not consider to be the subject of an investigation is entitled to reimbursement at the rate of 25 cents per page for copies of documents which he is required by subpoena to produce. The administrator may require or permit a person to file a statement, under oath or otherwise as the administrator determines, as to the facts and circumstances concerning the matter to be investigated.

    4.  If the activities constituting an alleged violation for which the information is sought would be a violation of this chapter had the activities occurred in this state, the administrator may issue and apply to enforce subpoenas in this state at the request of a securities agency or administrator of another state.

    5.  If a person does not testify or produce the documents required by the administrator or a designated officer or employee pursuant to subpoena, the administrator or designated officer or employee may apply to the court for an order compelling compliance. A request for an order of compliance may be addressed to:

    (a) The district court in and for the county where service may be obtained on the person refusing to testify or produce, if the person is subject to service of process in this state; or

    (b) A court of another state having jurisdiction over the person refusing to testify or produce, if the person is not subject to service of process in this state.

    6.  Not later than the time the administrator requests an order for compliance, the administrator shall either send notice of the request by registered or certified mail, return receipt requested, to the respondent at the last known address or take other steps reasonably calculated to give the respondent actual notice.

    Sec. 6.  NRS 90.830 is hereby amended to read as follows:

    90.830  1.  NRS 90.310, 90.330, 90.460, 90.570, 90.580, 90.610 and 90.660 apply to a person who sells or offers to sell a security or investment advisory service if:

    (a) An offer to sell is made in this state; or

    (b) An offer to purchase is made and accepted in this state.


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ê2001 Statutes of Nevada, Page 1159 (Chapter 261, AB 547)ê

 

    2.  NRS 90.310, 90.330, 90.570, 90.580 and 90.610 apply to a person who purchases or offers to purchase a security [or investment advisory service] if:

    (a) An offer to purchase is made in this state; or

    (b) An offer to sell is made and accepted in this state.

    3.  For the purpose of this section, an offer to sell or to purchase is made in this state, whether or not either party is present in this state, if the offer:

    (a) Originates in this state; or

    (b) Is directed by the offeror to a destination in this state and received where it is directed, or at a post office in this state if the offer is mailed.

    4.  For the purpose of this section, an offer to purchase or to sell is accepted in this state if acceptance:

    (a) Is communicated to the offeror in this state; and

    (b) Has not previously been communicated to the offeror, orally or in writing, outside this state.

Acceptance is communicated to the offeror in this state, whether or not either party is present in this state, if the offeree directs it to the offeror in this state reasonably believing the offeror to be in this state and it is received where it is directed, or at any post office in this state if the acceptance is mailed.

    5.  For the purpose of subsections 1 to 4, inclusive, an offer to sell or to purchase made in a newspaper or other publication of general, regular and paid circulation is not made in this state if the publication:

    (a) Is not published in this state; or

    (b) Is published in this state but has had more than two-thirds of its circulation outside this state during the past 12 months.

    6.  For the purpose of subsection 5, if a publication is published in editions, each edition is a separate publication except for material common to all editions.

    7.  For the purpose of subsections 1 to 4, inclusive, an offer to sell or to purchase made in a radio or television program or other electronic communication received in this state which originates outside this state is not made in this state.

    8.  For the purpose of subsection 7, a radio or television program or other electronic communication is considered as having originated in this state if either the broadcast studio or originating source of transmission is located within the state, unless:

    (a) The program or communication is syndicated and distributed from outside this state for redistribution to the general public in this state;

    (b) The program is supplied by a radio, television or other electronic network with the electronic signal originating from outside this state for redistribution to the general public in this state;

    (c) The program or communication is an electronic signal that originates outside this state and is captured for redistribution to the general public in this state by a community antenna or cable, radio, cable television, or other electronic system; or

    (d) The program or communication consists of an electronic signal which originates within this state, but which is not intended for redistribution to the general public in this state.

    Sec. 7.  Sections 1 and 2 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:


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ê2001 Statutes of Nevada, Page 1160 (Chapter 261, AB 547)ê

 

restrict the use of professional, occupational and recreational licenses of persons who:

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

    2.  Are in arrears in the payment for the support of one or more children,

are repealed by the Congress of the United States.

________

 

CHAPTER 262, SB 519

Senate Bill No. 519–Committee on Finance

 

CHAPTER 262

 

AN ACT relating to offenders; providing that certain prisoners may be assigned to the custody of the division of parole and probation of the department of motor vehicles and public safety to participate in a program for re-entry into the community; providing that certain parolees may be ordered to participate in a program for re-entry into the community; revising the provisions regarding the sealing of records; and providing other matters properly relating thereto.

 

[Approved: May 30, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

    Sec. 2.  As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

    Sec. 3.  “Division” means the division of parole and probation of the department of motor vehicles and public safety.

    Sec. 4.  “Program” means a program for re-entry of prisoners and parolees into the community that is established in a judicial district pursuant to section 6 of this act.

    Sec. 5.  “Re-entry court” means the court in a judicial district that has established a program.

    Sec. 6.  1.  A judicial district may establish a program for re-entry of offenders and parolees into the community pursuant to this section.

    2.  If a judicial district establishes a program pursuant to this section, the re-entry court shall:

    (a) Determine whether offenders who are referred by the director pursuant to section 7 of this act should be assigned to the custody of the division to participate in a program.

    (b) Determine whether parolees who are referred by the chairman of the state board of parole commissioners pursuant to section 19 of this act should be ordered by the board to participate in a program as a condition of their parole.

    (c) Supervise offenders and parolees participating in the program during their participation in the program.

    3.  An offender may not be assigned to the custody of the division to participate in a program unless the re-entry court grants prior approval of the assignment pursuant to this section.


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ê2001 Statutes of Nevada, Page 1161 (Chapter 262, SB 519)ê

 

    4.  Except as otherwise provided in section 19 of this act, a parolee may not participate in a program as a condition of his parole unless the re-entry court grants prior approval for his participation pursuant to this section.

    Sec. 7.  1.  Except as otherwise provided in this section, if a program has been established in the judicial district in which an offender was sentenced to imprisonment, the director may, after consulting with the division, refer the offender to the re-entry court if:

    (a) The director believes that the offender would participate successfully in and benefit from the program;

    (b) The offender has demonstrated a willingness to:

         (1) Engage in employment or participate in vocational rehabilitation or job skills training; and

         (2) Meet any existing obligation for restitution to any victim of his crime; and

    (c) The offender is within 2 years of his probable release from prison, as determined by the director.

    2.  Except as otherwise provided in this section, if the director is notified by the re-entry court pursuant to section 6 of this act that an offender should be assigned to the custody of the division to participate in the program, the director shall assign the offender to the custody of the division to participate in the program for not longer than the remainder of his sentence.

    3.  The director shall, by regulation, adopt standards setting forth which offenders are eligible to be assigned to the custody of the division to participate in the program pursuant to this section. The standards adopted by the director must be approved by the board and must provide that an offender who:

    (a) Has recently committed a serious infraction of the rules of an institution or facility of the department;

    (b) Has not performed the duties assigned to him in a faithful and orderly manner;

    (c) Has, within the immediately preceding 5 years, been convicted of any crime involving the use or threatened use of force or violence against a victim that is punishable as a felony;

    (d) Has ever been convicted of a sexual offense;

    (e) Has escaped or attempted to escape from any jail or correctional institution for adults; or

    (f) Has not made an effort in good faith to participate in or to complete any educational or vocational program or any program of treatment, as ordered by the director,

is not eligible for assignment to the custody of the division pursuant to this section to participate in a program.

    4.  The director shall adopt regulations requiring offenders who are assigned to the custody of the division pursuant to this section to reimburse the re-entry court, the division and the department for the cost of their participation in a program, to the extent of their ability to pay.

    5.  The re-entry court may return the offender to the custody of the department at any time for any violation of the terms and conditions imposed by the re-entry court.


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ê2001 Statutes of Nevada, Page 1162 (Chapter 262, SB 519)ê

 

    6.  If an offender assigned to the custody of the division pursuant to this section violates any of the terms or conditions imposed by the re-entry court and is returned to the custody of the department, the offender forfeits all or part of the credits for good behavior earned by him before he was returned to the custody of the department, as determined by the director. The director may provide for a forfeiture of credits pursuant to this subsection only after proof of the violation and notice is given to the offender. The director may restore credits so forfeited for such reasons as he considers proper. The decision of the director regarding such a forfeiture is final.

    7.  The assignment of an offender to the custody of the division pursuant to this section shall be deemed:

    (a) A continuation of his imprisonment and not a release on parole; and

    (b) For the purposes of NRS 209.341, an assignment to a facility of the department,

except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the department.

    8.  An offender does not have a right to be assigned to the custody of the division pursuant to this section, or to remain in that custody after such an assignment. It is not intended that the establishment or operation of a program creates any right or interest in liberty or property or establishes a basis for any cause of action against the State of Nevada, its political subdivisions, agencies, boards, commissions, departments, officers or employees.

    Sec. 8.  1.  The director may, after consulting with the division, enter into one or more contracts with one or more public or private entities to provide any of the following services, as necessary and appropriate, to offenders or parolees participating in a program:

    (a) Transitional housing;

    (b) Treatment pertaining to substance abuse or mental health;

    (c) Training in life skills;

    (d) Vocational rehabilitation and job skills training; and

    (e) Any other services required by offenders or parolees who are participating in a program.

    2.  The director shall, as necessary and appropriate, provide referrals and information regarding:

    (a) Any of the services provided pursuant to subsection 1;

    (b) Access and availability of any appropriate self-help groups;

    (c) Social services for families and children; and

    (d) Permanent housing.

    3.  The director may apply for and accept any gift, donation, bequest, grant or other source of money to carry out the provisions of this section.

    4.  As used in this section, “training in life skills” includes, without limitation, training in the areas of:

    (a) Parenting;

    (b) Improving human relationships;

    (c) Preventing domestic violence;

    (d) Maintaining emotional and physical health;

    (e) Preventing abuse of alcohol and drugs;

    (f) Preparing for and obtaining employment; and

    (g) Budgeting, consumerism and personal finances.


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ê2001 Statutes of Nevada, Page 1163 (Chapter 262, SB 519)ê

 

    Sec. 9.  NRS 209.432 is hereby amended to read as follows:

    209.432  As used in NRS 209.432 to 209.451, inclusive, unless the context otherwise requires:

    1.  “Offender” includes [a] :

    (a) A person who is convicted of a felony under the laws of this state and sentenced, ordered or otherwise assigned to serve a term of residential confinement.

    (b) A person who is convicted of a felony under the laws of this state and assigned to the custody of the division pursuant to section 7 of this act.

    2.  “Residential confinement” means the confinement of a person convicted of a felony to his place of residence under the terms and conditions established pursuant to specific statute. The term does not include any confinement ordered pursuant to NRS 176A.530 to 176A.560, inclusive, 176A.660 to 176A.690, inclusive, 213.15105, 213.15193 or 213.152 to 213.1528, inclusive.

    Sec. 10.  NRS 209.446 is hereby amended to read as follows:

    209.446  1.  Every offender who is sentenced to prison for a crime committed on or after July 1, 1985, but before July 17, 1997, who has no serious infraction of the regulations of the department, the terms and conditions of his residential confinement, or the laws of the state recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed:

    (a) For the period he is actually incarcerated under sentence; [and]

    (b) For the period he is in residential confinement [,] ; and

    (c) For the period he is in the custody of the division of parole and probation of the department of motor vehicles and public safety pursuant to section 7 of this act,

a deduction of 10 days from his sentence for each month he serves.

    2.  In addition to the credit provided for in subsection 1, the director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits. In addition to the credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:

    (a) For earning a general equivalency diploma, 30 days.

    (b) For earning a high school diploma, 60 days.

    (c) For earning an associate degree, 90 days.

    3.  The director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, conservation camp, program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is entitled to the entire 20 days of credit each month which is authorized in subsections 1 and 2.

    4.  The director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.

    5.  The board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.

    6.  Credits earned pursuant to this section:

    (a) Must be deducted from the maximum term imposed by the sentence; and

    (b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence which must be served before a person becomes eligible for parole.


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ê2001 Statutes of Nevada, Page 1164 (Chapter 262, SB 519)ê

 

    Sec. 11.  NRS 209.4465 is hereby amended to read as follows:

    209.4465  1.  An offender who is sentenced to prison for a crime committed on or after July 17, 1997, who has no serious infraction of the regulations of the department, the terms and conditions of his residential confinement or the laws of the state recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed:

    (a) For the period he is actually incarcerated pursuant to his sentence; [and]

    (b) For the period he is in residential confinement [,] ; and

    (c) For the period he is in the custody of the division of parole and probation of the department of motor vehicles and public safety pursuant to section 7 of this act,

a deduction of 10 days from his sentence for each month he serves.

    2.  In addition to the credits allowed pursuant to subsection 1, the director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits. In addition to the credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:

    (a) For earning a general equivalency diploma, 30 days.

    (b) For earning a high school diploma, 60 days.

    (c) For earning his first associate degree, 90 days.

    3.  The director may, in his discretion, authorize an offender to receive a maximum of 90 days of credit for each additional degree of higher education earned by the offender.

    4.  The director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, conservation camp, program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is eligible to earn the entire 20 days of credit each month that is allowed pursuant to subsections 1 and 2.

    5.  The director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.

    6.  The board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.

    7.  Credits earned pursuant to this section:

    (a) Must be deducted from the maximum term imposed by the sentence; and

    (b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence that must be served before a person becomes eligible for parole.

    Sec. 12.  NRS 212.187 is hereby amended to read as follows:

    212.187  1.  A prisoner who is in lawful custody or confinement, other than in the custody of the division of parole and probation of the department of motor vehicles and public safety pursuant to section 7 of this act or residential confinement, and who voluntarily engages in sexual conduct with another person is guilty of a category D felony and shall be punished as provided in NRS 193.130.

    2.  A person who voluntarily engages in sexual conduct with a prisoner who is in lawful custody or confinement, other than in the custody of the division of parole and probation of the department of motor vehicles and public safety pursuant to section 7 of this act or residential confinement, is guilty of a category D felony and shall be punished as provided in NRS 193.130.


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public safety pursuant to section 7 of this act or residential confinement, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

    3.  As used in this section, “sexual conduct”:

    (a) Includes acts of masturbation, homosexuality, sexual intercourse or physical contact with another person’s clothed or unclothed genitals or pubic area to arouse, appeal to or gratify the sexual desires of a person.

    (b) Does not include acts of a person who has custody of a prisoner or an employee of the institution in which the prisoner is confined that are performed to carry out the necessary duties of such a person or employee.

    Sec. 13.  Chapter 213 of NRS is hereby amended by adding thereto the provisions set forth as sections 14 to 21, inclusive, of this act.

    Sec. 14.  As used in sections 14 to 21, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 15 to 18, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 15.  “Board” means the state board of parole commissioners.

    Sec. 16.  “Division” means the division of parole and probation of the department of motor vehicles and public safety.

    Sec. 17.  “Program” means a program for re-entry of prisoners and parolees into the community that is established in a judicial district pursuant to section 6 of this act.

    Sec. 18.  “Re-entry court” means the court in a judicial district that has established a program.

    Sec. 19.  1.  Except as otherwise provided in this section, if a program has been established in the judicial district in which a prisoner or parolee may be paroled, the chairman of the board may, after consulting with the division, refer a prisoner who is being considered for parole or a parolee who has violated a term or condition of his parole to the re-entry court if the chairman believes that the person:

    (a) Would participate successfully in and benefit from a program; and

    (b) Has demonstrated a willingness to:

         (1) Engage in employment or participate in vocational rehabilitation or job skills training; and

         (2) Meet any existing obligation for restitution to any victim of his crime.

    2.  Except as otherwise provided in this section, if the chairman is notified by the re-entry court pursuant to section 6 of this act that a person should be ordered to participate in a program, the board may, in accordance with the provisions of this section:

    (a) If the person is a prisoner who is being considered for parole, upon the granting of parole to the prisoner, require as a condition of parole that the person participate in and complete the program; or

    (b) If the person is a parolee who has violated a term or condition of his parole, order him to participate in and complete the program as a condition of the continuation of his parole and in lieu of revoking his parole and returning him to confinement.

    3.  If a prisoner who has been assigned to the custody of the division to participate in a program pursuant to section 7 of this act is being considered for parole:


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    (a) The board shall, if the board grants parole to the prisoner, require as a condition of parole that the person continue to participate in and complete the program.

    (b) The board is not required to refer the prisoner to the re-entry court pursuant to subsection 1 or to obtain prior approval of the re-entry court pursuant to section 6 of this act for the prisoner to continue participating in the program while he is on parole.

    4.  In determining whether to order a person to participate in and complete a program pursuant to this section, the board shall consider:

    (a) The criminal history of the person; and

    (b) The safety of the public.

    5.  The board shall adopt regulations requiring persons who are ordered to participate in and complete a program pursuant to this section to reimburse the re-entry court and the division for the cost of their participation in a program, to the extent of their ability to pay.

    6.  The board shall not order a person to participate in a program if the time required to complete the program is longer than the unexpired maximum term of the person’s original sentence.

    Sec. 20.  1.  If the re-entry court determines that a parolee has violated a term or condition of his participation in the program or a term or condition of his parole, the court may:

    (a) Establish and impose any appropriate sanction for the violation; and

    (b) If necessary, report the violation to the board.

    2.  If a violation of a term or condition of parole is reported to the board pursuant to this section, the board shall proceed in the manner provided in this chapter for any other violation of a term or condition of parole.

    Sec. 21.  The division shall supervise each person who is participating in a program pursuant to section 7 or 19 of this act.

    Sec. 22.  Chapter 179 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Except as otherwise provided in subsections 3 and 4, 5 years after an eligible person completes a program for re-entry, the court may order sealed all documents, papers and exhibits in the eligible person’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order. The court may order those records sealed without a hearing unless the division petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.

    2.  If the court orders sealed the record of an eligible person, the court shall send a copy of the order to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.

    3.  A professional licensing board is entitled, for the purpose of determining suitability for a license or liability to discipline for misconduct, to inspect and to copy from a record sealed pursuant to this section.

    4.  A person may not petition the court to seal records relating to a conviction of a crime against a child or a sexual offense.

    5.  As used in this section:

    (a) “Crime against a child” has the meaning ascribed to it in NRS 179D. 210.

    (b) “Eligible person” means a person who has:


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         (1) Successfully completed a program for re-entry to which he participated in pursuant to section 7 or 19 of this act; and

         (2) Been convicted of a single offense which was punishable as a felony and which did not involve the use or threatened use of force or violence against the victim. For the purposes of this subparagraph, multiple convictions for an offense punishable as a felony shall be deemed to constitute a single offense if those offenses arose out of the same transaction or occurrence.

    (c) “Program for re-entry” means a program for re-entry of prisoners and parolees into the community that is established in a judicial district pursuant to section 6 of this act.

    (d) “Sexual offense” has the meaning ascribed to it in paragraph (b) of subsection 6 of NRS 179.245.

    Sec. 23.  NRS 179.245 is hereby amended to read as follows:

    179.245  1.  Except as otherwise provided in subsection 5 and NRS 453.3365, and section 22 of this act, a person who has been convicted of:

    (a) Any felony may, after 15 years from the date of his conviction or, if he is imprisoned, from the date of his release from actual custody;

    (b) Any gross misdemeanor may, after 10 years from the date of his conviction or release from custody;

    (c) A violation of NRS 484.379 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony may, after 7 years from the date of his conviction or release from custody; or

    (d) Any other misdemeanor may, after 5 years from the date of his conviction or release from custody,

petition the court in which the conviction was obtained for the sealing of all records relating to the conviction.

    2.  A petition filed pursuant to subsection 1 must be accompanied by current, verified records of the petitioner’s criminal history received from:

    (a) The central repository for Nevada records of criminal history; and

    (b) The local law enforcement agency of the city or county in which the conviction was entered.

    3.  Upon receiving a petition pursuant to this section, the court shall notify:

    (a) The prosecuting attorney for the county; or

    (b) If the person was convicted in a municipal court, the prosecuting attorney for the city.

The prosecuting attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.

    4.  If, after the hearing, the court finds that, in the period prescribed in subsection 1, the petitioner has not been arrested, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of the court, of another court in the State of Nevada or of a public or private agency, company or official in the State of Nevada, and may also order all such criminal identification records of the petitioner returned to the file of the court where the proceeding was commenced from, including, but not limited to, the Federal Bureau of Investigation, the California bureau of identification and [investigation bureau,] information, sheriffs’ offices and all other law enforcement agencies reasonably known by either the petitioner or the court to have possession of such records.


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    5.  A person may not petition the court to seal records relating to a conviction of a crime against a child or a sexual offense.

    6.  As used in this section:

    (a) “Crime against a child” has the meaning ascribed to it in NRS 179D.210.

    (b) “Sexual offense” [has the meaning ascribed to it in NRS 179D.210.] means:

         (1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.

         (2) Sexual assault pursuant to NRS 200.366.

         (3) Statutory sexual seduction pursuant to NRS 200.368, if punishable as a felony.

         (4) Battery with intent to commit sexual assault pursuant to NRS 200.400.

         (5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.

         (6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this paragraph.

         (7) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.

         (8) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.

         (9) Incest pursuant to NRS 201.180.

         (10) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.

         (11) Open or gross lewdness pursuant to NRS 201.210, if punishable as a felony.

         (12) Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony.

         (13) Lewdness with a child pursuant to NRS 201.230.

         (14) Sexual penetration of a dead human body pursuant to NRS 201.450.

         (15) Annoyance or molestation of a minor pursuant to NRS 207.260.

         (16) An attempt to commit an offense listed in subparagraphs (1) to (15), inclusive.

    Sec. 24.  NRS 179.275 is hereby amended to read as follows:

    179.275  Where the court orders the sealing of a record pursuant to NRS 179.245, 179.255 or 453.3365, or section 22 of this act, a copy of the order must be sent to:

    1.  The central repository for Nevada records of criminal history; and

    2.  Each public or private company, agency or official named in the order, and that person shall seal the records in his custody which relate to the matters contained in the order, shall advise the court of his compliance, and shall then seal the order.


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ê2001 Statutes of Nevada, Page 1169 (Chapter 262, SB 519)ê

 

    Sec. 25.  NRS 179.285 is hereby amended to read as follows:

    179.285  Except as otherwise provided in NRS 179.301, if the court orders a record sealed pursuant to NRS 179.245, 179.255 or 453.3365, or section 22 of this act, all proceedings recounted in the record are deemed never to have occurred, and the person to whom it pertains may properly answer accordingly to any inquiry concerning the arrest, conviction or acquittal and the events and proceedings relating to the arrest, conviction or acquittal.

    Sec. 26.  NRS 179.295 is hereby amended to read as follows:

    179.295  1.  The person who is the subject of the records that are sealed pursuant to NRS 179.245, 179.255 or 453.3365 or section 22 of this act may petition the court that ordered the records sealed to permit inspection of the records by a person named in the petition, and the court may order such inspection. Except as otherwise provided in this section and NRS 179.301, the court may not order the inspection of the records under any other circumstances.

    2.  If a person has been arrested, the charges have been dismissed and the records of the arrest have been sealed, the court may order the inspection of the records by a prosecuting attorney upon a showing that as a result of newly discovered evidence, the person has been arrested for the same or similar offense and that there is sufficient evidence reasonably to conclude that he will stand trial for the offense.

    3.  The court may, upon the application of a prosecuting attorney or an attorney representing a defendant in a criminal action, order an inspection of such records for the purpose of obtaining information relating to persons who were involved in the incident recorded.

    Sec. 27.  The amendatory provisions of section 12 of this act do not apply to offenses committed before July 1, 2001.

    Sec. 28.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 263, SB 566

Senate Bill No. 566–Committee on Government Affairs

 

CHAPTER 263

 

AN ACT relating to industrial insurance; requiring the successor organization to the state industrial insurance system to release certain liens created by the system; and providing other matters properly relating thereto.

 

[Approved: May 30, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Section 137 of chapter 388, Statutes of Nevada 1999, at page 1842, is hereby amended to read as follows:

    Sec. 137.  1.  Any writ of attachment issued pursuant to the provisions of NRS 616B.239 or any lien created pursuant to the provisions of NRS 616B.251 or 616B.266 before January 1, 2000, may be executed, foreclosed, released, compromised or satisfied on or after that date by any successor organization to the state industrial insurance system.


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ê2001 Statutes of Nevada, Page 1170 (Chapter 263, SB 566)ê

 

    2.  The successor organization to the state industrial insurance system shall:

    (a) Use due diligence to identify liens created pursuant to NRS 616B.251 and 616B.266 before January 1, 1997; and

    (b) Release those liens by filing a notice of release or satisfaction of the lien with the county recorder of the county in which the notice of claim of lien or the judgment against the delinquent employer was filed.

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

________

 

CHAPTER 264, AB 384

Assembly Bill No. 384–Assemblymen Manendo, Buckley, Bache, Claborn, McClain, Anderson, Arberry, Chowning, de Braga, Dini, Freeman, Gibbons, Giunchigliani, Gustavson, Koivisto, Leslie, Mortenson, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Price, Smith, Tiffany, Von Tobel and Williams

 

CHAPTER 264

 

AN ACT relating to homes; changing the terms used in provisions relating to mobile home parks to refer to manufactured home parks; and providing other matters properly relating thereto.

 

[Approved: May 31, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 118B.0113 is hereby amended to read as follows:

    118B.0113  “Capital improvement” means an addition or betterment made to a [mobile] manufactured home park that:

    1.  Consists of more than the repair or replacement of an existing facility;

    2.  Is required by law to be amortized over its useful life for the purposes of income tax; and

    3.  Has a useful life of 5 years or more.

    Sec. 2.  NRS 118B.014 is hereby amended to read as follows:

    118B.014  “Landlord” means the owner or lessor of a [mobile] manufactured home lot and the owner or lessor of a [mobile] manufactured home park.

    Sec. 3.  NRS 118B.0145 is hereby amended to read as follows:

    118B.0145  “Manager” means the person in charge or in control of a [mobile] manufactured home park, whether or not he is the owner or employed by the owner. The term includes any company chosen by the landlord to administer or supervise the affairs of the [mobile] manufactured home park.

    Sec. 4.  NRS 118B.015 is hereby amended to read as follows:

    118B.015  [“Mobile] “Manufactured home” means a vehicular structure without independent motive power, built on a chassis or frame, which is:

    1.  Designed to be used with or without a permanent foundation;

    2.  Capable of being drawn by a motor vehicle; and

    3.  Used as and suitable for year-round occupancy as a residence, when connected to utilities, by one person who maintains a household or by two or more persons who maintain a common household.The term specifically includes, without limitation, a mobile home that does not comply with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. §§ 5401 et seq.


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ê2001 Statutes of Nevada, Page 1171 (Chapter 264, AB 384)ê

 

The term specifically includes, without limitation, a mobile home that does not comply with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. §§ 5401 et seq.

    Sec. 5.  NRS 118B.016 is hereby amended to read as follows:

    118B.016  [“Mobile] “Manufactured home lot” or “lot” means a portion of land within a [mobile] manufactured home park which is rented or held out for rent to accommodate:

    1.  A [mobile] manufactured home; or

    2.  A recreational vehicle for 3 months or more.

    Sec. 6.  NRS 118B.017 is hereby amended to read as follows:

    118B.017  [“Mobile] “Manufactured home park” or “park” means an area or tract of land where two or more [mobile] manufactured homes or [mobile] manufactured home lots are rented or held out for rent. The terms do not include an area or tract of land where:

    1.  More than half of the lots are rented overnight or for less than 3 months for recreational vehicles.

    2.  [Mobile] Manufactured homes are used occasionally for recreational purposes and not as permanent residences.

    Sec. 7.  NRS 118B.0185 is hereby amended to read as follows:

    118B.0185  “Tenant” means the owner of a [mobile] manufactured home which is located on a [mobile] manufactured home lot in a [mobile] manufactured home park.

    Sec. 8.  NRS 118B.020 is hereby amended to read as follows:

    118B.020  The provisions of this chapter do not apply to:

    1.  [Mobile] Manufactured home parks operated by public housing authorities and established pursuant to the United States Housing Act of 1937, as amended (now 42 U.S.C. §§ 1437 et seq.).

    2.  Any lot in a [mobile] manufactured home park which is rented or held out for rent overnight or for less than 3 months.

    3.  Any recreational vehicle located on a lot described in subsection 2.

    4.  Any lot in a [mobile] manufactured home park or [mobile] manufactured home on such a lot which is used occasionally for recreational purposes and not as a permanent residence.

    Sec. 9.  NRS 118B.022 is hereby amended to read as follows:

    118B.022  1.  The provisions of this chapter must be administered by the division, subject to administrative supervision by the director of the department of business and industry.

    2.  An employee of the division shall not hold an interest in a [mobile] manufactured home park.

    Sec. 10.  NRS 118B.024 is hereby amended to read as follows:

    118B.024  1.  The administrator shall adopt regulations to carry out the provisions of this chapter.

    2.  [In order to] To carry out the provisions of this chapter, the administrator may, upon receiving a complaint alleging a violation of this chapter or any regulation adopted pursuant thereto:

    (a) Issue subpoenas for the production of books, papers and documents which are strictly relevant to the complaint;

    (b) Mediate grievances between landlords and tenants of [mobile] manufactured home parks; and

    (c) Make inspections and provide technical services necessary to administer the provisions of this chapter.


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ê2001 Statutes of Nevada, Page 1172 (Chapter 264, AB 384)ê

 

    3.  The administrator or his representative may inspect at reasonable times in a reasonable manner the premises and books, papers, records and documents which are required to enforce the provisions of this chapter.

    Sec. 11.  NRS 118B.025 is hereby amended to read as follows:

    118B.025  The administrator shall collect economic and demographic data annually from each [mobile] manufactured home park, including the amount of rent and rate of vacancy for each type of lot in the park, and shall prescribe the form for the collection of such data.

    Sec. 12.  NRS 118B.040 is hereby amended to read as follows:

    118B.040  1.  A rental agreement or lease between a landlord and tenant to rent or lease any [mobile] manufactured home lot must be in writing. The landlord shall give the tenant a copy of the agreement or lease at the time the tenant signs it.

    2.  A rental agreement or lease must contain , but is not limited to , provisions relating to:

    (a) The duration of the agreement.

    (b) The amount of rent, the manner and time of its payment and the amount of any charges for late payment and dishonored checks.

    (c) Restrictions on occupancy by children or pets.

    (d) Services and utilities included with the rental of a lot and the responsibility of maintaining or paying for them, including the charge, if any, for cleaning the lots.

    (e) Deposits which may be required and the conditions for their refund.

    (f) Maintenance which the tenant is required to perform and any appurtenances he is required to provide.

    (g) The name and address of the owner of the [mobile] manufactured home park and his authorized agent.

    (h) Any restrictions on subletting.

    (i) Any recreational facilities and other amenities provided to the tenant and any deposits or fees required for their use.

    (j) Any restriction of the park to older persons pursuant to federal law.

    (k) The dimensions of the [mobile] manufactured home lot of the tenant.

    (l) The amount to be charged each month to the tenant to reimburse the landlord for the cost of a capital improvement to the [mobile] manufactured home park. Such an amount must be stated separately and include the length of time the charge will be collected and the total amount to be recovered by the landlord from all tenants in the [mobile] manufactured home park.

    Sec. 13.  NRS 118B.050 is hereby amended to read as follows:

    118B.050  Any provision in a rental agreement or lease for a [mobile] manufactured home lot which provides that the tenant:

    1.  Agrees to waive or forego any rights or remedies afforded by this chapter;

    2.  Authorizes any person to confess judgment on any claim arising out of the rental agreement;

    3.  Agrees to pay the landlord’s attorney’s fees or costs, or both, except that the agreement may provide that attorney’s fees may be awarded to the prevailing party in the event of court action;

    4.  Agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or costs connected therewith, if the liability is based upon an act or omission of the landlord or any agent or employee of the landlord;


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ê2001 Statutes of Nevada, Page 1173 (Chapter 264, AB 384)ê

 

    5.  Agrees to a period within which he will give notice to the landlord of the termination of his tenancy which is longer than the term of the lease; or

    6.  Agrees to pay any additional charge for children or pets, unless the landlord provides a special service regarding children or pets,

is void. A tenant may recover his actual damages resulting from the enforcement of such a provision.

    Sec. 14.  NRS 118B.060 is hereby amended to read as follows:

    118B.060  1.  Any payment, deposit, fee [,] or other charge which is required by the landlord in addition to periodic rent, utility charges or service fees and is collected as prepaid rent or a sum to compensate for any tenant default is a “deposit” governed by the provisions of this section.

    2.  The landlord shall maintain a separate record of the deposits.

    3.  Except as otherwise provided in subsection 4:

    (a) All deposits are refundable, and upon termination of the tenancy, or if the deposit is collected as a sum to compensate for a tenant default, not more than 5 years after the landlord receives the deposit, the landlord may claim from a deposit only such amounts as are reasonably necessary to remedy tenant defaults in the payment of rent, utility charges or service fees and to repair damage to the park caused by the tenant. The landlord shall provide the tenant with an itemized written accounting of the disposition of the deposit.

    (b) Any refund must be sent to the tenant within 21 days after the tenancy is terminated.

    4.  Each deposit collected as a sum to compensate for a tenant default must be refunded to the tenant not more than 5 years after the landlord receives the deposit or upon the termination of the tenancy, whichever is earlier. The refund must include interest at the rate of 5 percent per year, compounded annually, for the entire period during which the deposit was held by the landlord.

    5.  Upon termination of the landlord’s interest in the [mobile] manufactured home park, the landlord shall transfer to his successor in interest that portion of the deposit remaining after making any deductions allowed pursuant to this section or refund that portion to the tenant.

    6.  If the former landlord fails to transfer that portion of the deposit remaining to the successor in interest or refund it to the tenant at the time the successor in interest takes possession, the successor becomes jointly and severally liable with the former landlord for refunding to the tenant that portion of the deposit to which he is entitled.

    7.  If the former landlord fails to transfer or refund the deposit, the tenant may not be required to pay another deposit until the successor in interest refunds the deposit to the tenant or provides him with an itemized written accounting of the statutorily authorized disposition of the deposit.

    8.  The claim of the tenant to any deposit to which he is entitled by law takes precedence over the claim of any creditor of the landlord.

    Sec. 15.  NRS 118B.065 is hereby amended to read as follows:

    118B.065  Before a tenant signs an initial rental agreement for a [mobile] manufactured home lot, the landlord shall, by separate written document, disclose to him the zoning designations adopted pursuant to chapter 278 of NRS for the [mobile] manufactured home lot to be rented and for each parcel of land adjoining the [mobile] manufactured home park.


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ê2001 Statutes of Nevada, Page 1174 (Chapter 264, AB 384)ê

 

    Sec. 16.  NRS 118B.067 is hereby amended to read as follows:

    118B.067  If a landlord approves the placement of a [mobile] manufactured home on a lot in a park and it is determined after the home is placed on the lot that the placement of the home does not [conform to] comply with the requirements of the local ordinances relating to that placement, the landlord shall pay the cost to ensure compliance with those requirements.

    Sec. 17.  NRS 118B.073 is hereby amended to read as follows:

    118B.073  Upon payment of the periodic rent by a tenant of a [mobile] manufactured home park, the landlord of that park shall, upon request, issue to the tenant a receipt which indicates the amount and the date of the payment. The landlord shall issue the receipt as soon as practicable after payment, but not later than 5 days after he receives payment.

    Sec. 18.  NRS 118B.075 is hereby amended to read as follows:

    118B.075  If more than one rental agreement or lease is [currently] offered to prospective tenants, the landlord of a [mobile] manufactured home park consisting of 25 or more lots shall:

    1.  Post in a conspicuous and readily accessible place in the community or recreation facility in the park, at or near the entrance of the park or other common area in the park, a legible sign indicating in bold print and bearing the caption “sample rental or lease agreements.”

    2.  Under the sign indicating “sample rental or lease [agreements”] agreements,” post a copy of each rental or lease agreement presently offered to prospective tenants.

    3.  Provide at the request of a prospective tenant or an existing tenant, a copy of any lease or rental agreement required to be posted pursuant to subsection 2.

    4.  Immediately correct or replace the posted copy of a lease or rental agreement if new provisions are added to the lease or rental agreement or if existing provisions are amended or deleted.

    5.  Provide a copy of the provisions of this section to a prospective tenant before he signs a rental agreement or lease for a lot.

    Sec. 19.  NRS 118B.080 is hereby amended to read as follows:

    118B.080  1.  The landlord shall disclose in writing to each tenant the:

    (a) Name, address and telephone number of the owner and manager or assistant manager of the [mobile] manufactured home park; and

    (b) Name and address of a person authorized to receive service of process for the landlord,

and any change thereof.

    2.  The information must be furnished in writing to each new tenant on or before the commencement of his tenancy and to each existing tenant.

    Sec. 20.  NRS 118B.086 is hereby amended to read as follows:

    118B.086  1.  Each manager and assistant manager of a [mobile] manufactured home park which has 25 or more lots shall complete annually 6 hours of continuing education relating to the management of a [mobile] manufactured home park.

    2.  The administrator shall adopt regulations specifying the areas of instruction for the continuing education required by subsection 1.

    3.  The instruction must include, but is not limited to, information relating to:

    (a) The provisions of chapter 118B of NRS;

    (b) Leases and rental agreements;


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ê2001 Statutes of Nevada, Page 1175 (Chapter 264, AB 384)ê

 

    (c) Unlawful detainer and eviction as set forth in NRS 40.215 to 40.425, inclusive;

    (d) The resolution of complaints and disputes concerning landlords and tenants of [mobile] manufactured home parks; and

    (e) The adoption and enforcement of the rules and regulations of a [mobile] manufactured home park.

    4.  Each course of instruction and the instructor of the course must be approved by the administrator. The administrator shall adopt regulations setting forth the procedure for applying for approval of an instructor and course of instruction. The administrator may require submission of such reasonable information by an applicant as he deems necessary to determine the suitability of the instructor and the course. The administrator shall not approve a course if the fee charged for the course is not reasonable. Upon approval, the administrator shall designate the number of hours of credit allowable for the course.

    Sec. 21.  NRS 118B.087 is hereby amended to read as follows:

    118B.087  1.  There are hereby created two regions to provide courses of continuing education pursuant to NRS 118B.086. One region is the northern region consisting of the counties of Washoe, Storey, Douglas, Lyon, Churchill, Pershing, Humboldt, Lander, Elko, Eureka, Mineral, White Pine and Carson City, and one region is the southern region consisting of the counties of Lincoln, Nye, Esmeralda and Clark.

    2.  The person who applied for approval of a course or his designee shall notify the administrator of the date and location each time the course is offered, as soon as practicable after scheduling the course.

    3.  The administrator shall ensure that a course of continuing education is offered at least every 6 months in each region. If the administrator finds that no approved course will be offered to meet the requirements of this subsection, he shall offer the course and charge a reasonable fee for each person enrolled in the course.

    4.  If the fees collected by the administrator for the course do not cover the cost of offering the course, the administrator shall determine the difference between the fees collected and the cost of offering the course, divide that amount by the number of [mobile] manufactured home parks which have 25 lots or more in the region in which the course was held and assess that amount to each landlord of such a [mobile] manufactured home park. The landlord shall pay the assessment within 30 days after it was mailed by the administrator.

    Sec. 22.  NRS 118B.088 is hereby amended to read as follows:

    118B.088  1.  Each instructor of a course shall furnish to each person who completes the course required by NRS 118B.086 a certificate of completion. The certificate must include:

    (a) The name and address of the participant;

    (b) The name of the instructor of the course;

    (c) The name of the landlord of the [mobile] manufactured home park who employs the participant and the address of the park, if the participant is employed as a manager or assistant manager of a [mobile] manufactured home park on the date of completion of the course;

    (d) The number of hours of instruction completed; and

    (e) The date the course was completed.


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ê2001 Statutes of Nevada, Page 1176 (Chapter 264, AB 384)ê

 

    2.  Each instructor shall furnish to the administrator the information included in each certificate of completion he issues within 30 days after the course is completed.

    Sec. 23.  NRS 118B.089 is hereby amended to read as follows:

    118B.089  1.  The administrator may impose a fine of not more than $500 against a landlord of a [mobile] manufactured home park who employs a manager or assistant manager who has not completed the course of continuing education required by NRS 118B.086.

    2.  The administrator shall, before imposing the fine, notify the landlord of the [mobile] manufactured home park by certified mail that he will impose the fine unless the landlord, within 30 days after the notice is mailed, shows cause why the fine should not be imposed.

    3.  If the administrator imposes the fine, he shall notify the landlord of the [mobile] manufactured home park by certified mail.

    4.  The imposition of a fine pursuant to this section is a final decision for the purposes of judicial review.

    Sec. 24.  NRS 118B.095 is hereby amended to read as follows:

    118B.095  1.  The landlord shall authorize each manager and assistant manager to make repairs himself or enter into a contract with a third party for the repairs.

    2.  Except as otherwise provided in subsection 3, the manager shall contract with a third party to provide emergency repairs for the tenants on the occasions when the manager and assistant manager are not physically present in the park. The manager shall notify each tenant of the telephone number of the third party who will make the repairs, and direct the tenants to call him when an emergency repair is needed and the manager and assistant manager are not physically present in the park. The telephone number so provided must be that of the third party directly. The provision of the telephone number of an answering service does not fulfill this requirement. If the manager or assistant manager is present in the park, any request for repairs must be made to him and not the third party.

    3.  The provisions of subsection 2 do not apply to a [mobile] manufactured home park that is owned by:

    (a) A nonprofit organization; or

    (b) A housing authority,

if the nonprofit organization or housing authority has established an alternative method to provide emergency repairs for tenants in a timely manner.

    4.  As used in this section, “repairs” means only repairs to the property of the owner of the [mobile] manufactured home park.

    Sec. 25.  NRS 118B.100 is hereby amended to read as follows:

    118B.100  1.  The landlord may adopt rules or regulations concerning the tenant’s use and occupancy of the [mobile] manufactured home lot and the grounds, areas and facilities of the [mobile] manufactured home park held out for the use of tenants generally.

    2.  All such rules or regulations must be:

    (a) Reasonably related to the purpose for which they are adopted;

    (b) Sufficiently explicit in their prohibition, direction or limitation to inform the tenant of what he must do or not do for compliance;

    (c) Adopted in good faith and not for the purpose of evading any obligation of the landlord arising under the law;


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    (d) Consistent with the provisions of this chapter and a general plan of operation, construction or improvement, and must not arbitrarily restrict conduct or require any capital improvement by the tenant which is not specified in the rental agreement or unreasonably require a change in any capital improvement made by the tenant and previously approved by the landlord unless the landlord can show that it is in the best interest of the other tenants; and

    (e) Uniformly enforced against all tenants in the park, including the managers. Any rule or regulation which is not so uniformly enforced may not be enforced against any tenant.

    3.  No rule or regulation may be used to impose any additional charge for occupancy of a [mobile] manufactured home lot or modify the terms of a rental agreement.

    4.  Except as otherwise provided in subsection 5, a rule or regulation is enforceable against the tenant only if he has notice of it at the time he enters into the rental agreement. A rule or regulation adopted or amended after the tenant enters into the rental agreement is not enforceable unless the tenant consents to it in writing or is given 60 days’ notice of it in writing. The landlord may not adopt or amend a rule or regulation of the park unless a meeting of the tenants is held to discuss the proposal and the landlord provides each tenant with notice of the proposal and the date, time and place of the meeting not less than 60 days before the meeting. The notice must include a copy of the proposed adoption or amendment of the rule or regulation. A notice in a periodic publication of the park does not constitute notice for the purposes of this subsection.

    5.  A rule or regulation pertaining to recreational facilities in the [mobile] manufactured home park must be in writing to be enforceable.

    6.  As used in this section, “capital improvement” means an addition or betterment made to a [mobile] manufactured home located on a lot in a [mobile] manufactured home park which is leased by the landlord that:

    (a) Consists of more than the repair or replacement of an existing facility;

    (b) Is required by federal law to be amortized over its useful life for the purposes of income tax; and

    (c) Has a useful life of 5 years or more.

    Sec. 26.  NRS 118B.110 is hereby amended to read as follows:

    118B.110  1.  The landlord shall meet with a representative group of tenants occupying the park, chosen by the tenants, to hear any complaints or suggestions which concern a matter relevant to the park within 45 days after he receives a written request to do so which has been signed by persons occupying at least 25 percent of the lots in the park. The 25 percent must be calculated on the basis of one signature per occupied lot. The meeting must be held at a time and place which is convenient to the landlord and the tenants. The representative group of tenants must consist of no more than five persons.

    2.  At least 10 days before any meeting is held pursuant to this section , the landlord or his agent shall post a notice of the meeting in a conspicuous place in a common area of the park.

    3.  If the landlord is not a natural person, the landlord shall appoint a natural person, not the manager or assistant manager, who possesses a financial interest in the [mobile] manufactured home park to meet with the tenants.


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ê2001 Statutes of Nevada, Page 1178 (Chapter 264, AB 384)ê

 

    4.  If an attorney for the landlord attends a meeting held pursuant to this section, the landlord shall not prohibit the group of tenants from being represented by an attorney at that meeting.

    Sec. 27.  NRS 118B.120 is hereby amended to read as follows:

    118B.120  1.  The landlord or his agent or employee may:

    (a) Require that the tenant landscape and maintain the tenant’s lot if the landlord advises the tenant in writing of reasonable requirements for the landscaping.

    (b) If the tenant does not comply with the provisions of paragraph (a), maintain the tenant’s lot and charge the tenant a service fee for the actual cost of that maintenance.

    (c) Require that the [mobile] manufactured home be removed from the park if it is unoccupied for more than 90 consecutive days and the tenant or dealer is not making good faith and diligent efforts to sell it.

    2.  The landlord shall maintain, in the manner required for the other tenants, any lot on which is located a [mobile] manufactured home within the park which has been repossessed, abandoned or held for rent or taxes. The landlord is entitled to reimbursement for the cost of that maintenance from the repossessor or lien holder or from the proceeds of any sale for taxes, as the case may be.

    3.  The landlord shall trim all the trees located within the park and dispose of the trimmings from those trees , absent a voluntary assumption of that duty by the tenant for trees on the tenant’s lot.

    4.  For the purposes of this section, a [mobile] manufactured home shall be deemed to be abandoned if:

    (a) It is located on a lot in a [mobile] manufactured home park for which no rent has been paid for at least 60 days;

    (b) It is unoccupied; and

    (c) The manager of the [mobile] manufactured home park reasonably believes it to be abandoned.

    Sec. 28.  NRS 118B.125 is hereby amended to read as follows:

    118B.125  A tenant shall secure the approval of his landlord before beginning construction of any improvement or addition to his [mobile] manufactured home or lot which requires a building permit issued by a local government.

    Sec. 29.  NRS 118B.130 is hereby amended to read as follows:

    118B.130  1.  A landlord may not change:

    (a) An existing park to a park for older persons pursuant to federal law unless the tenants who do not meet those restrictions and may lawfully be evicted are moved to other parks at the expense of the landlord; or

    (b) The restriction of a park for older persons pursuant to federal law unless the tenants are given the option of remaining in their spaces or moving to other parks at the expense of the landlord.

    2.  A tenant who elects to move pursuant to a provision of subsection 1 must give the landlord notice in writing of his election to move within 75 days after receiving notice of the change in restrictions in the park. If a landlord is required to move a tenant to another park pursuant to subsection 1, he shall pay:

    (a) The cost of moving the tenant’s [mobile] manufactured home and its appurtenances to a new location within 50 miles from the [mobile] manufactured home park; or


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ê2001 Statutes of Nevada, Page 1179 (Chapter 264, AB 384)ê

 

    (b) If the new location is more than 50 miles from the [mobile] manufactured home park, the cost of moving the [mobile] manufactured home for the first 50 miles,

including fees for inspection, any deposits for connecting utilities , and the cost of taking down, moving, setting up and leveling his [mobile] manufactured home and its appurtenances in the new lot or park.

    3.  A landlord of a park in which restrictions have been or are being changed shall give written notice of the change to each:

    (a) Tenant of the park who does not meet the new restrictions.

    (b) Prospective tenant before the commencement of the tenancy.

    Sec. 30.  NRS 118B.140 is hereby amended to read as follows:

    118B.140  The landlord or his agent or employee shall not:

    1.  Require a person to purchase a [mobile] manufactured home from him or any other person as a condition to renting a [mobile] manufactured home lot to the purchaser or give an adjustment of rent or fees, or provide any other incentive to induce the purchase of a [mobile] manufactured home from him or any other person.

    2.  Charge or receive:

    (a) Any entrance or exit fee for assuming or leaving occupancy of a [mobile] manufactured home lot.

    (b) Any transfer or selling fee or commission as a condition to permitting a tenant to sell his [mobile] manufactured home or recreational vehicle within the [mobile] manufactured home park , even if the [mobile] manufactured home or recreational vehicle is to remain within the park, unless the landlord is licensed as a dealer of [mobile] manufactured homes pursuant to NRS 489.311 and has acted as the tenant’s agent in the sale pursuant to a written contract.

    (c) Any fee for the tenant’s spouse or children.

    (d) Any fee for pets kept by a tenant in the park. If special facilities or services are provided, the landlord may also charge a fee reasonably related to the cost of maintenance of the facility or service and the number of pets kept in the facility.

    (e) Any additional service fee unless the landlord provides an additional service which is needed to protect the health and welfare of the tenants, and written notice advising each tenant of the additional fee is sent to the tenant 90 days in advance of the first payment to be made, and written notice of the additional fee is given to prospective tenants on or before commencement of their tenancy. A tenant may only be required to pay the additional service fee for the duration of the additional service.

    (f) Any fee for a late monthly rental payment within 4 days after the date the rental payment is due or which exceeds $5 for each day, excluding Saturdays, Sundays and legal holidays, for which the payment is overdue, beginning on the day after the payment was due. Any fee for late payment of charges for utilities must be in accordance with the requirements prescribed by the public utilities commission of Nevada.

    (g) Any fee, surcharge or rent increase to recover from his tenants the costs resulting from converting from a master-metered water system to individual water meters for each [mobile] manufactured home lot.

    (h) Any fee, surcharge or rent increase to recover from his tenants any amount that exceeds the amount of the cost for a governmentally mandated service or tax that was paid by the landlord.


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ê2001 Statutes of Nevada, Page 1180 (Chapter 264, AB 384)ê

 

    Sec. 31.  NRS 118B.150 is hereby amended to read as follows:

    118B.150  The landlord or his agent or employee shall not:

    1.  Increase rent or additional charges unless:

    (a) The rent charged after the increase is the same rent charged for [mobile] manufactured homes of the same size or lots of the same size or of a similar location within the park, except that a discount may be selectively given to persons who:

         (1) Are handicapped;

         (2) Are 55 years of age or older;

         (3) Are long-term tenants of the park if the landlord has specified in the rental agreement or lease the period of tenancy required to qualify for such a discount;

         (4) Pay their rent in a timely manner; or

         (5) Pay their rent by check, money order or electronic means;

    (b) Any increase in additional charges for special services is the same amount for each tenant using the special service; and

    (c) Written notice advising a tenant of the increase is received by the tenant 90 days before the first payment to be increased and written notice of the increase is given to prospective tenants before commencement of their tenancy. In addition to the notice provided to a tenant pursuant to this paragraph, if the landlord or his agent or employee knows or reasonably should know that the tenant receives assistance from the fund created pursuant to NRS 118B.215, the landlord or his agent or employee shall provide to the administrator written notice of the increase 90 days before the first payment to be increased.

    2.  Require a tenant to pay for an improvement to the common area of a [mobile] manufactured home park unless the landlord is required to make the improvement pursuant to an ordinance of a local government.

    3.  Require a tenant to pay for a capital improvement to the [mobile] manufactured home park unless the tenant has notice of the requirement at the time he enters into the rental agreement. A tenant may not be required to pay for a capital improvement after the tenant enters into the rental agreement unless the tenant consents to it in writing or is given 60 days’ notice of the requirement in writing. The landlord may not establish such a requirement unless a meeting of the tenants is held to discuss the proposal and the landlord provides each tenant with notice of the proposal and the date, time and place of the meeting not less than 60 days before the meeting. The notice must include a copy of the proposal. A notice in a periodic publication of the park does not constitute notice for the purposes of this subsection.

    4.  Require a tenant to pay his rent by check or money order.

    5.  Require a tenant who pays his rent in cash to apply any change to which he is entitled to the next periodic payment that is due. The landlord or his agent or employee shall have an adequate amount of money available to provide change to such a tenant.

    6.  Prohibit or require fees or deposits for any meetings held in the park’s community or recreational facility by the tenants or occupants of any [mobile] manufactured home or recreational vehicle in the park to discuss the park’s affairs, or any political or social meeting sponsored by a tenant, if the meetings are held at reasonable hours and when the facility is not otherwise in use, or prohibit the distribution of notices of those meetings.


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ê2001 Statutes of Nevada, Page 1181 (Chapter 264, AB 384)ê

 

    7.  Interrupt, with the intent to terminate occupancy, any utility service furnished the tenant except for nonpayment of utility charges when due. Any landlord who violates this subsection is liable to the tenant for actual damages.

    8.  Prohibit a tenant from having guests, but he may require the tenant to register the guest within 48 hours after his arrival, Sundays and legal holidays excluded, and if the park is a secured park, a guest may be required to register upon entering and leaving.

    9.  Charge a fee for a guest who does not stay with the tenant for more than a total of 60 days in a calendar year. The tenant of a [mobile] manufactured home lot who is living alone may allow one other person to live in his home without paying an additional charge or fee, unless such a living arrangement constitutes a violation of chapter 315 of NRS. No agreement between a tenant and his guest alters or varies the terms of the rental contract between the tenant and the landlord, and the guest is subject to the rules and regulations of the landlord.

    10.  Prohibit a tenant from erecting a fence along the perimeter of the tenant’s lot if the fence complies with any standards for fences established by the landlord, including limitations established for the height of fences, the materials used for fences and the manner in which fences are to be constructed.

    11.  Prohibit any tenant from soliciting membership in any association which is formed by the tenants who live in the park. As used in this subsection, “solicit” means to make an oral or written request for membership or the payment of dues or to distribute, circulate or post a notice for payment of those dues.

    12.  Prohibit a public officer or candidate for public office from walking through the park to talk with the tenants.

    13.  If a tenant has voluntarily assumed responsibility to trim the trees on his lot, require the tenant to trim any particular tree located on the lot or dispose of the trimmings unless a danger or hazard exists.

    Sec. 32.  NRS 118B.153 is hereby amended to read as follows:

    118B.153  The amount of rent charged a tenant for a service, utility or amenity upon moving into the [mobile] manufactured home park must be reduced proportionately when the service, utility or amenity is decreased or eliminated by the landlord. The landlord may not increase the rent to recover the lost revenue.

    Sec. 33.  NRS 118B.157 is hereby amended to read as follows:

    118B.157  A landlord must give his tenants at least 24 hours’ notice in writing when planned repairs of a utility or a service which the [mobile] manufactured home park provides will cause interruption of the utility or service.

    Sec. 34.  NRS 118B.160 is hereby amended to read as follows:

    118B.160  The landlord or his agent or employee shall not:

    1.  Deny any tenant the right to sell his [mobile] manufactured home or recreational vehicle within the park or require the tenant to remove the [mobile] manufactured home or recreational vehicle from the park solely on the basis of the sale, except as otherwise provided in NRS 118B.170.

    2.  Prohibit any tenant desiring to sell his [mobile] manufactured home or recreational vehicle within the park from advertising the location of the home or vehicle and the name of the [mobile] manufactured home park or prohibit the tenant from displaying at least one sign of reasonable size advertising the sale of the home or vehicle.


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ê2001 Statutes of Nevada, Page 1182 (Chapter 264, AB 384)ê

 

prohibit the tenant from displaying at least one sign of reasonable size advertising the sale of the home or vehicle.

    3.  Require that he be an agent of an owner of a [mobile] manufactured home or recreational vehicle who desires to sell the home or vehicle.

    4.  Unless subleasing of lots is prohibited by a rental agreement or lease, prohibit a tenant from subleasing his [mobile] manufactured home lot if the prospective subtenant meets the general requirements for tenancy in the park.

    5.  Require a tenant to make any additions to his [mobile] manufactured home unless those additions are required by an ordinance of a local government.

    6.  Purchase a [mobile] manufactured home within the park if he has denied:

    (a) A tenant the right to sell that [mobile] manufactured home; or

    (b) A prospective buyer the right to purchase that [mobile] manufactured home.

    Sec. 35.  NRS 118B.170 is hereby amended to read as follows:

    118B.170  1.  The landlord may require approval of a prospective buyer and tenant before the sale of a tenant’s [mobile] manufactured home or recreational vehicle, if the [mobile] manufactured home or vehicle will remain in the park. The landlord shall consider the record, if any, of the prospective buyer and tenant concerning the payment of rent. The landlord shall not unreasonably withhold his consent.

    2.  If a tenant sells his [mobile] manufactured home or recreational vehicle, the landlord may require that the [mobile] manufactured home or recreational vehicle be removed from the park if it is deemed by the park’s written rules or regulations in the possession of the tenants to be in a run-down condition or in disrepair or does not meet the safety standards set forth in NRS 461A.120. If the [mobile] manufactured home must be inspected to determine compliance with the standards, the person requesting the inspection shall pay for it.

    3.  If the landlord requires the approval of a prospective buyer and tenant, he shall post and maintain a sign which is clearly readable at the entrance to the park which advises the reader that before a [mobile] manufactured home in the park is sold, the prospective buyer must be approved by the landlord.

    4.  If the landlord requires the approval of a prospective buyer and tenant of a [mobile] manufactured home or recreational vehicle and the [mobile] manufactured home or recreational vehicle is sold without the approval of the landlord, the landlord may:

    (a) After providing at least 10 days’ written notice to the buyer and tenant, bring an action for an unlawful detainer in the manner prescribed in chapter 40 of NRS; or

    (b) Require the buyer and tenant to sign a rental agreement. If the buyer and tenant refuse to sign the rental agreement within 5 days after such a request, the landlord may, after providing at least 10 days’ written notice to the buyer and tenant, bring an action for an unlawful detainer in the manner provided in chapter 40 of NRS.

    5.  For the purposes of NRS 40.251, a person who:

    (a) Purchases a [mobile] manufactured home or recreational vehicle from a tenant of a [mobile] manufactured home park which will remain in the park;


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ê2001 Statutes of Nevada, Page 1183 (Chapter 264, AB 384)ê

 

    (b) Was required to be approved by the landlord of the [mobile] manufactured home park before the sale of the [mobile] manufactured home or recreational vehicle; and

    (c) Was not approved by the landlord before he purchased that [mobile] manufactured home or recreational vehicle,

shall be deemed a tenant at will and a lessee of the [mobile] manufactured home park.

    Sec. 36.  NRS 118B.173 is hereby amended to read as follows:

    118B.173  1.  Any landlord who lists a [mobile] manufactured home park or any part of a [mobile] manufactured home park for sale with a licensed real estate broker shall , not less than 10 days nor more than 30 days before listing the park for sale, mail written notice of that listing to any association of tenants of the park that requested the notice. A landlord is not required to provide notice of a listing for sale that is not initiated by the owner of the park or his authorized agent.

    2.  [In order to] To receive the notice required by subsection 1, an association of tenants of a [mobile] manufactured home park shall:

    (a) Submit to the landlord a written request for that notice;

    (b) Furnish the landlord with a written list of the names and addresses of three members of the association; and

    (c) Give written notice to the landlord that the tenants of the park are interested in buying the park and renew that notice at least once each year after the initial notice.

    Sec. 37.  NRS 118B.177 is hereby amended to read as follows:

    118B.177  1.  If a landlord closes a [mobile] manufactured home park , he shall pay:

    (a) The cost of moving each tenant’s [mobile] manufactured home and its appurtenances to a new location within 50 miles from the [mobile] manufactured home park; or

    (b) If the new location is more than 50 miles from the [mobile] manufactured home park, the cost of moving the [mobile] manufactured home for the first 50 miles,

including fees for inspection, any deposits for connecting utilities , and the cost of taking down, moving, setting up and leveling the [mobile] manufactured home and its appurtenances in the new lot or park.

    2.  Written notice of the closure must be served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice before he is required to move his [mobile] manufactured home from the lot.

    Sec. 38.  NRS 118B.180 is hereby amended to read as follows:

    118B.180  1.  A landlord may convert an existing [mobile] manufactured home park into individual [mobile] manufactured home lots for sale to [mobile] manufactured home owners if the change is approved by the appropriate local zoning board, planning commission or governing body, and:

    (a) The landlord gives notice in writing to each tenant within 5 days after he files his application for the change in land use with the local zoning board, planning commission or governing body;

    (b) The landlord offers to sell the lot to the tenant at the same price the lot will be offered to the public and holds that offer open for at least 75 days before he offers the lot for sale to the public;


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ê2001 Statutes of Nevada, Page 1184 (Chapter 264, AB 384)ê

 

    (c) The landlord does not sell an occupied lot for more than a vacant lot of similar location, size and shape;

    (d) The landlord pays:

         (1) The cost of moving the tenant’s [mobile] manufactured home and its appurtenances to a comparable location within 50 miles from the [mobile] manufactured home park; or

         (2) If the new location is more than 50 miles from the [mobile] manufactured home park, the cost of moving the [mobile] manufactured home for the first 50 miles,

including fees for inspection, any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling his [mobile] manufactured home and its appurtenances in the new lot or park; and

    (e) After the landlord is granted final approval of the change by the appropriate local zoning board, planning commission or governing body, notice in writing is served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice, before he is required to move his [mobile] manufactured home from the lot.

    2.  Upon the sale of a [mobile] manufactured home lot and a [mobile] manufactured home which is situated on that lot, the landlord shall indicate what portion of the purchase price is for the [mobile] manufactured home lot and what portion is for the [mobile] manufactured home.

    Sec. 39.  NRS 118B.183 is hereby amended to read as follows:

    118B.183  1.  A landlord may convert an existing [mobile] manufactured home park to any other use of the land if the change is approved by the appropriate local zoning board, planning commission or governing body, and:

    (a) The landlord gives notice in writing to each tenant within 5 days after he files his application for the change in land use with the local zoning board, planning commission or governing body;

    (b) The landlord pays:

         (1) The cost of moving the tenant’s [mobile] manufactured home and its appurtenances to a new location within 50 miles from the [mobile] manufactured home park; or

         (2) If the new location is more than 50 miles from the [mobile] manufactured home park, the cost of moving the [mobile] manufactured home for the first 50 miles,

including fees for inspection, any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling his [mobile] manufactured home and its appurtenances in the new lot or park; and

    (c) After the landlord is granted final approval of the change by the appropriate local zoning board, planning commission or governing body, written notice is served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice before he is required to move his [mobile] manufactured home from the lot.

    2.  A landlord shall not increase the rent of any tenant for 180 days before applying for a change in land use, permit or variance affecting the [mobile] manufactured home park.

    Sec. 40.  NRS 118B.185 is hereby amended to read as follows:

    118B.185  1.  Each owner of a [mobile] manufactured home park shall pay to the division an annual fee established by the administrator which must not exceed $5 for each lot within that park.


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ê2001 Statutes of Nevada, Page 1185 (Chapter 264, AB 384)ê

 

    2.  If an owner fails to pay the fee within 30 days after receiving written notice of its amount, a penalty of 50 percent of the amount of the fee must be added. The owner is not entitled to any reimbursement of this penalty from his tenants.

    3.  All fees collected by the division pursuant to subsection 1 must be deposited in the state treasury for credit to the account for regulating [mobile] manufactured home parks within the fund for manufactured housing created pursuant to NRS 489.491. All expenses related to the regulation of [mobile] manufactured home parks must be paid from the account. The account must not be used for any other purpose. Claims against the account must be paid as other claims against the state are paid.

    Sec. 41.  NRS 118B.190 is hereby amended to read as follows:

    118B.190  1.  A written agreement between a landlord and tenant for the rental or lease of a [mobile] manufactured home lot in a [mobile] manufactured home park in this state, or for the rental or lease of a lot for a recreational vehicle in an area of a [mobile] manufactured home park in this state other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 6 of NRS 40.215, must not be terminated by the landlord except upon notice in writing to the tenant served in the manner provided in NRS 40.280:

    (a) Five days in advance if the termination is because the conduct of the tenant constitutes a nuisance as described in subsection 6 of NRS 118B.200.

    (b) Ten days in advance if the termination is because of failure of the tenant to pay rent, utility charges or reasonable service fees.

    (c) One hundred eighty days in advance if the termination is because of a change in the use of the land by the landlord pursuant to NRS 118B.180.

    (d) Forty-five days in advance if the termination is for any other reason.

    2.  The landlord shall specify in the notice the reason for the termination of the agreement. The reason relied upon for the termination must be set forth with specific facts so that the date, place and circumstances concerning the reason for the termination can be determined. The termination must be in accordance with the provisions of NRS 118B.200 and reference alone to a provision of that section does not constitute sufficient specificity pursuant to this subsection.

    3.  The service of such a notice does not enhance the landlord’s right, if any, to enter the tenant’s [mobile] manufactured home. Except in an emergency, the landlord shall not enter the [mobile] manufactured home of the tenant served with such a notice without the tenant’s permission or a court order allowing the entry.

    4.  If a tenant remains in possession of the [mobile] manufactured home lot after expiration of the term of the rental agreement, the tenancy is from week to week in the case of a tenant who pays weekly rent, and in all other cases the tenancy is from month to month. The tenant’s continued occupancy is on the same terms and conditions as were contained in the rental agreement unless specifically agreed otherwise in writing.

    5.  The landlord and tenant may agree to a specific date for termination of the agreement. If any provision of this chapter specifies a period of notice which is longer than the period of a particular tenancy, the required length of the period of notice is controlling.


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ê2001 Statutes of Nevada, Page 1186 (Chapter 264, AB 384)ê

 

    Sec. 42.  NRS 118B.200 is hereby amended to read as follows:

    118B.200  Notwithstanding the expiration of a period of a tenancy, the rental agreement described in NRS 118B.190 may not be terminated except for:

    1.  Failure of the tenant to pay rent, utility charges or reasonable service fees within 10 days after written notice of delinquency served upon the tenant in the manner provided in NRS 40.280;

    2.  Failure of the tenant to correct any noncompliance with a law, ordinance or governmental regulation pertaining to [mobile] manufactured homes or recreational vehicles or a valid rule or regulation established pursuant to NRS 118B.100 or to cure any violation of the rental agreement within a reasonable time after receiving written notification of noncompliance or violation;

    3.  Conduct of the tenant in the [mobile] manufactured home park which constitutes an annoyance to other tenants;

    4.  Violation of valid rules of conduct, occupancy or use of park facilities after written notice of the violation is served upon the tenant in the manner provided in NRS 40.280;

    5.  A change in the use of the land by the landlord pursuant to NRS 118B.180;

    6.  Conduct of the tenant which constitutes a nuisance as defined in NRS 40.140 or which violates a state law or local ordinance; or

    7.  In a [mobile] manufactured home park that is owned by a nonprofit organization or housing authority, failure of the tenant to meet qualifications relating to age or income which:

    (a) Are set forth in the lease signed by the tenant; and

    (b) Comply with federal, state and local law.

    Sec. 43.  NRS 118B.210 is hereby amended to read as follows:

    118B.210  1.  The landlord shall not terminate a tenancy, refuse to renew a tenancy, increase rent or decrease services he normally supplies, or bring or threaten to bring an action for possession of a [mobile] manufactured home lot as retaliation upon the tenant because:

    (a) He has complained in good faith about a violation of a building, safety or health code or regulation pertaining to a [mobile] manufactured home park to the governmental agency responsible for enforcing the code or regulation.

    (b) He has complained to the landlord concerning the maintenance, condition or operation of the park or a violation of any provision of NRS 118B.040 to 118B.220, inclusive, or 118B.240.

    (c) He has organized or become a member of a tenants’ league or similar organization.

    (d) He has requested the reduction in rent required by:

         (1) NRS 118.165 as a result of a reduction in property taxes.

         (2) NRS 118B.153 when a service, utility or amenity is decreased or eliminated by the landlord.

    (e) A citation has been issued to the landlord as the result of a complaint of the tenant.

    (f) In a judicial proceeding or arbitration between the landlord and the tenant, an issue has been determined adversely to the landlord.

    2.  A landlord, manager or assistant manager of a [mobile] manufactured home park shall not willfully harass a tenant.


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ê2001 Statutes of Nevada, Page 1187 (Chapter 264, AB 384)ê

 

    3.  A tenant shall not willfully harass a landlord, manager [,] or assistant manager of a [mobile] manufactured home park or an employee or agent of the landlord.

    4.  As used in this section, “harass” means to threaten or intimidate, through words or conduct, with the intent to affect the terms or conditions of a tenancy or a person’s exercise of his rights pursuant to this chapter.

    Sec. 44.  NRS 118B.211 is hereby amended to read as follows:

    118B.211  As used in NRS 118B.211 to 118B.219, inclusive, “fund” means the fund for low-income owners of [mobile] manufactured homes created pursuant to NRS 118B.215.

    Sec. 45.  NRS 118B.213 is hereby amended to read as follows:

    118B.213  1.  In addition to the fee established pursuant to NRS 118B.185, except as otherwise provided in subsection 3, the owner of a [mobile] manufactured home park that is operated for profit shall pay to the division an annual fee of $12 for each lot within the park. The owner shall not impose a fee or surcharge to recover from his tenants the costs resulting from the annual fee per lot paid pursuant to this subsection, or any related penalty.

    2.  The administrator shall notify the owner of each [mobile] manufactured home park that is operated for profit in this state on or before July 1 of each year of the fee imposed pursuant to this section.

    3.  If on May 15 of that year the balance in the fund which is attributable to deposits pursuant to this section exceeds $1,000,000, the administrator shall not charge or collect a fee pursuant to this section. The administrator shall resume the collection in any year when the balance on May 15 is less than $750,000. The administrator shall request the state treasurer to inform him of the applicable balance of the fund on May 15 of each year.

    4.  If an owner fails to pay the fee within 30 days after receiving written notice from the administrator to do so, a penalty of 50 percent of the amount of the fee must be added.

    5.  All fees and penalties collected by the division pursuant to this section must be deposited in the state treasury for credit to the fund.

    Sec. 46.  NRS 118B.215 is hereby amended to read as follows:

    118B.215  1.  There is hereby created as a special revenue fund in the state treasury the fund for low-income owners of [mobile] manufactured homes, to be administered by the division. All money received for the use of the fund pursuant to NRS 118B.213 or from any other source must be deposited in the fund.

    2.  The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund. All claims against the fund must be paid as other claims against the state are paid.

    3.  The money in the fund may be used only to pay necessary administrative costs and to assist eligible persons by supplementing their monthly rent for the [mobile] manufactured home lot on which their [mobile] manufactured home is located. Except as otherwise provided in subsection 5, to be eligible for assistance from the fund a person must:

    (a) Except as otherwise provided in this subsection, have been a tenant in the same [mobile] manufactured home park in this state for at least 1 year immediately preceding his application for assistance;

    (b) Be the registered owner of the [mobile] manufactured home which is subject to the tenancy, as indicated on the certificate of ownership that is issued by the division pursuant to NRS 489.541;


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ê2001 Statutes of Nevada, Page 1188 (Chapter 264, AB 384)ê

 

    (c) Have a monthly household income, as determined by the administrator in accordance with subsection 4, which is at or below:

         (1) The federally designated level signifying poverty or $750, whichever is greater, if the person is the sole occupant of the [mobile] manufactured home; or

         (2) The federally designated level signifying poverty or $1,125, whichever is greater, if the person is not the sole occupant of the [mobile] manufactured home;

    (d) Be a tenant in a [mobile] manufactured home park that is operated for profit and maintain continuous tenancy in that park during the duration of the supplemental assistance; and

    (e) Not have assets whose value is more than $12,000, excluding the value of:

         (1) The [mobile] manufactured home which is subject to the tenancy;

         (2) The contents of that [mobile] manufactured home; and

         (3) One motor vehicle.

A person who has been a tenant of a [mobile] manufactured home park in this state for at least 1 year, but has not been a tenant of the [mobile] manufactured home park in which he resides at the time he applies for assistance for at least 1 year, is eligible for assistance from the fund if he moved to the [mobile] manufactured home park in which he resides at the time of his application because he was unable to pay the rent at the [mobile] manufactured home park from which he moved or because that park was closed.

    4.  In determining the monthly household income of an applicant pursuant to subsection 3, the administrator shall exclude from the calculation:

    (a) The value of any food stamps the applicant received pursuant to the Food Stamp Act of 1977, as amended, 7 U.S.C. §§ 2011 et seq., during the year immediately preceding his application for assistance; or

    (b) If the applicant is receiving coverage pursuant to Medicare Part B, 42 U.S.C. §§ 1395j et seq., the value of the cost of [such] that coverage during the year immediately preceding his application for assistance,

whichever is greater.

    5.  The administrator may waive the requirements for eligibility set forth in subsection 3 upon the written request of an applicant if the circumstances of the applicant have changed as a result of:

    (a) Illness;

    (b) Disability; or

    (c) Extreme financial hardship based upon a significant reduction of income, when considering the applicant’s current financial circumstances.

An applicant shall include with his request for a waiver all medical and financial documents that support his request.

    6.  The administrator shall adopt regulations establishing:

    (a) The annual reporting requirements for persons receiving assistance pursuant to this section. The regulations must require that each such person provide the division with a written acknowledgment of his continued eligibility for assistance.

    (b) The maximum amount of assistance which may be distributed to a person to supplement his monthly rent pursuant to this section.

    7.  As used in this section:


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ê2001 Statutes of Nevada, Page 1189 (Chapter 264, AB 384)ê

 

    (a) [“Mobile] “Manufactured home” includes a travel trailer that is located on a [mobile] manufactured home lot within a [mobile] manufactured home park.

    (b) “Monthly household income” means the combined monthly incomes of the occupants of a [mobile] manufactured home which is subject to the tenancy for which assistance from the fund is requested.

    (c) “Travel trailer” has the meaning ascribed to it in NRS 489.150.

    Sec. 47.  NRS 118B.220 is hereby amended to read as follows:

    118B.220  1.  If a [mobile] manufactured home or recreational vehicle is made unfit for occupancy for any period in excess of 48 hours by any cause for which the landlord is responsible or over which he has control, the rent may be, at the tenant’s option, proportionately abated, and if it is, must be refunded or credited against the following month’s rent. The tenant need not abandon the [mobile] manufactured home or recreational vehicle as a prerequisite to seeking relief under this subsection.

    2.  As an alternative to the abatement of rent, the tenant may procure reasonable substitute housing for occupancy while his [mobile] manufactured home or recreational vehicle remains unfit and may:

    (a) Recover the actual and reasonable cost of the substitute housing from the landlord; or

    (b) Deduct the cost from future rent.

    3.  A [mobile] manufactured home shall be deemed unfit for occupancy if essential services such as fuel, water, electricity or sewer service are not being adequately provided to the [mobile] manufactured home.

    Sec. 48.  NRS 108.2675 is hereby amended to read as follows:

    108.2675  “Mobile home lot” has the meaning ascribed to [it] “manufactured home lot” in NRS 118B.016.

    Sec. 49.  NRS 108.2677 is hereby amended to read as follows:

    108.2677  “Mobile home park” has the meaning ascribed to [it] “manufactured home park” in NRS 118B.017.

    Sec. 50.  NRS 244.3573 is hereby amended to read as follows:

    244.3573  1.  Members of a county law enforcement agency, or if the county is within the jurisdiction of a metropolitan police department, the members of the metropolitan police department, may patrol and provide for the public safety:

    (a) Within the common areas of a mobile home park that is located within the unincorporated area of the county and into or upon which the public is admitted by easement, license or otherwise; and

    (b) With the permission of the manager of such a mobile home park, within other areas of the mobile home park.

    2.  As used in this section:

    (a) “Manager” has the meaning ascribed to it in NRS 118B.0145; and

    (b) “Mobile home park” has the meaning ascribed to [it] “manufactured home park” in NRS 118B.017.

    Sec. 51.  NRS 268.426 is hereby amended to read as follows:

    268.426  1.  Members of the law enforcement agency of an incorporated city, or if the incorporated city is within the jurisdiction of a metropolitan police department, the members of the metropolitan police department, may patrol and provide for the public safety:

    (a) Within the common areas of a mobile home park that is located within the incorporated city and into or upon which the public is admitted by easement, license or otherwise; and


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ê2001 Statutes of Nevada, Page 1190 (Chapter 264, AB 384)ê

 

    (b) With the permission of the manager of such a mobile home park, within other areas of the mobile home park.

    2.  As used in this section:

    (a) “Manager” has the meaning ascribed to it in NRS 118B.0145; and

    (b) “Mobile home park” has the meaning ascribed to [it] “manufactured home park” in NRS 118B.017.

    Sec. 52.  NRS 278.0167 is hereby amended to read as follows:

    278.0167  “Mobile home park” has the meaning ascribed to [it] “manufactured home park” in NRS 118B.017.

    Sec. 53.  The legislature hereby finds and declares that the amendatory provisions of this act are not intended to change the kind of homes to which the provisions of chapter 118B of NRS are applicable.

    Sec. 54.  The legislative counsel shall:

    1.  In preparing the reprint and supplements to the Nevada Revised Statutes, with respect to any section that is not amended by this act or is further amended by another act, appropriately change any reference in chapter 118B of NRS or any section referring to such a section to:

    (a) “Mobile home” to “manufactured home”;

    (b) “Mobile home lot” to “manufactured home lot”; and

    (c) “Mobile home park” to “manufactured home park.”

    2.  In preparing supplements to the Nevada Administrative Code, appropriately change any reference in the chapter which contains the regulations adopted pursuant to chapter 118B of NRS or any section referring to such a section to:

    (a) “Mobile home” to “manufactured home”;

    (b) “Mobile home lot” to “manufactured home lot”; and

    (c) “Mobile home park” to “manufactured home park.”

________

 

CHAPTER 265, AB 551

Assembly Bill No. 551–Committee on Commerce and Labor

 

CHAPTER 265

 

AN ACT relating to cosmetology; requiring the licensing of a demonstrator of cosmetics; authorizing the sale of food or beverages in a cosmetological establishment under certain circumstances; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 31, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 644 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

    Sec. 2.  “Demonstrator of cosmetics” means a person who, without charge and without advertising his services, demonstrates the application of cosmetics in a cosmetological establishment for the sole purpose of selling cosmetics.

    Sec. 3.  The board shall admit to examination for a license as a demonstrator of cosmetics any person who has made application to the board in proper form, paid the fee and:

    1.  Is at least 18 years of age;


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ê2001 Statutes of Nevada, Page 1191 (Chapter 265, AB 551)ê

 

    2.  Is of good moral character;

    3.  Has completed a course provided by the board relating to sanitation; and

    4.  Has received a score of not less than 75 percent on the examination administered by the board.

    Sec. 4.  The examination for a license as a demonstrator of cosmetics:

    1.  Must include a written or oral test relating to sanitation; and

    2.  May include such other demonstrations and tests as the board may require.

    Sec. 5.  Any food or beverages that are sold for immediate consumption in a cosmetological establishment must be sold in an area of the cosmetological establishment which is sufficiently separated from the area of the cosmetological establishment where cosmetological services are provided.

    Sec. 6.  NRS 644.020 is hereby amended to read as follows:

    644.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 644.0205 to 644.029, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

    Sec. 7.  NRS 644.0205 is hereby amended to read as follows:

    644.0205  “Aesthetician” means any person who engages in the practices of:

    1.  Beautifying, massaging, cleansing or stimulating the skin of the human body, except the scalp, by the use of cosmetic preparations, antiseptics, tonics, lotions or creams , or any device, electrical or otherwise, for the care of the skin;

    2.  Applying [make-up] cosmetics or eyelashes to any person, tinting eyelashes and eyebrows , and lightening hair on the body except the scalp; and

    3.  Removing superfluous hair from the body of any person by the use of depilatories, waxing or tweezers,

but does not include the branches of cosmetology of a cosmetologist, hair designer, electrologist or manicurist.

    Sec. 8.  NRS 644.023 is hereby amended to read as follows:

    644.023  “Cosmetologist” means a person who engages in the practices of:

    1.  Cleansing, stimulating or massaging the scalp or cleansing or beautifying the hair by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.

    2.  Cutting, trimming or shaping the hair.

    3.  Arranging, dressing, curling, waving, cleansing, singeing, bleaching, tinting, coloring or straightening the hair of any person with the hands, mechanical or electrical apparatus or appliances, or by other means, or similar work incident to or necessary for the proper carrying on of the practice or occupation provided by the terms of this chapter.

    4.  Removing superfluous hair from the surface of the body of any person by the use of electrolysis [to remove the hair from the surface of the body] where the growth is a blemish, or by the use of depilatories, waxing or tweezers, except for the permanent removal of hair with needles.

    5.  Manicuring the nails of any person.

    6.  Beautifying, massaging, stimulating or cleansing the skin of the human body by the use of cosmetic preparations, antiseptics, tonics, lotions, creams or any device, electrical or otherwise, for the care of the skin.


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ê2001 Statutes of Nevada, Page 1192 (Chapter 265, AB 551)ê

 

    7.  Giving facials or skin care or applying [make-up] cosmetics or eyelashes to any person.

    Sec. 9.  NRS 644.024 is hereby amended to read as follows:

    644.024  “Cosmetology” includes the occupations of a cosmetologist, aesthetician, electrologist, hair designer , demonstrator of cosmetics and manicurist.

    Sec. 10.  NRS 644.130 is hereby amended to read as follows:

    644.130  1.  The board shall keep a record containing the name, known place of business , and the date and number of the license of every manicurist, electrologist, aesthetician, hair designer , demonstrator of cosmetics and cosmetologist, together with the names and addresses of all cosmetological establishments and schools of cosmetology licensed pursuant to this chapter. The record must also contain the facts which the applicants claimed in their applications to justify their licensure.

    2.  The board may disclose the information contained in the record kept pursuant to subsection 1 to:

    (a) Any other licensing board or agency that is investigating a licensee.

    (b) A member of the general public, except information concerning the address and telephone number of a licensee.

    Sec. 11.  NRS 644.212 is hereby amended to read as follows:

    644.212  An application for the issuance of a license or evidence of registration issued pursuant to NRS 644.190 to 644.330, inclusive, and sections 3 and 4 of this act must include the social security number of the applicant.

    Sec. 12.  NRS 644.214 is hereby amended to read as follows:

    644.214  1.  An applicant for the issuance or renewal of a license or evidence of registration issued pursuant to NRS 644.190 to 644.330, inclusive, and sections 3 and 4 of this act shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

    2.  The board shall include the statement required pursuant to subsection 1 in:

    (a) The application or any other forms that must be submitted for the issuance or renewal of the license or evidence of registration; or

    (b) A separate form prescribed by the board.

    3.  A license or evidence of registration may not be issued or renewed by the board pursuant to NRS 644.190 to 644.330, inclusive, and sections 3 and 4 of this act if the applicant:

    (a) Fails to submit the statement required pursuant to subsection 1; or

    (b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

    4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.


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ê2001 Statutes of Nevada, Page 1193 (Chapter 265, AB 551)ê

 

    Sec. 13.  NRS 644.220 is hereby amended to read as follows:

    644.220  1.  In addition to the fee for an application, the fees for examination are:

    (a) For examination as a cosmetologist, not less than $40 and not more than $75.

    (b) For examination as an electrologist, not less than $40 and not more than $75.

    (c) For examination as a hair designer, not less than $40 and not more than $75.

    (d) For examination as a manicurist, not less than $40 and not more than $75.

    (e) For examination as an aesthetician, not less than $40 and not more than $75.

    (f) For examination as an instructor of aestheticians or in cosmetology or manicuring, $40.

The fee for each reexamination is not less than $40 and not more than $75.

    2.  In addition to the fee for an application, the fee for examination or reexamination as a demonstrator of cosmetics is $40.

    3.  Each applicant referred to in [subsection] subsections 1 and 2 shall, in addition to the fees specified therein, pay the reasonable value of all supplies necessary to be used in the examination.

    Sec. 14.  NRS 644.240 is hereby amended to read as follows:

    644.240  Examinations for licensure as a cosmetologist may include:

    1.  Practical demonstrations in shampooing the hair, hairdressing, styling of hair, finger waving, coloring of hair, manicuring, [make-up,] cosmetics, thermal curling, marcelling, facial massage, massage of the scalp with the hands, and cutting, trimming or shaping hair;

    2.  Written or oral tests on:

    (a) Antisepsis, sterilization and sanitation;

    (b) The use of mechanical apparatus and electricity as applicable to the practice of a cosmetologist; and

    (c) The laws of Nevada and the regulations of the board relating to the practice of cosmetology; and

    3.  Such other demonstrations and tests as the board may require.

    Sec. 15.  NRS 644.247 is hereby amended to read as follows:

    644.247  The examinations for an aesthetician may include:

    1.  Practical demonstrations in facial massage, [make-up] cosmetics or arching the eyebrow;

    2.  Written and oral tests on:

    (a) Antisepsis, sterilization and sanitation;

    (b) The use of mechanical apparatus and electricity in the care of skin; and

    (c) The laws of Nevada and the regulations of the board relating to cosmetology; and

    3.  Such other demonstrations and tests as the board requires.

    Sec. 16.  NRS 644.260 is hereby amended to read as follows:

    644.260  The board shall issue a license as a cosmetologist, aesthetician, electrologist, hair designer, manicurist , demonstrator of cosmetics or instructor to each applicant who:

    1.  Passes a satisfactory examination, conducted by the board to determine his fitness to practice that occupation of cosmetology; and


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ê2001 Statutes of Nevada, Page 1194 (Chapter 265, AB 551)ê

 

    2.  Complies with such other requirements as are prescribed in this chapter for the issuance of the license.

    Sec. 17.  NRS 644.300 is hereby amended to read as follows:

    644.300  Every licensed manicurist, electrologist, aesthetician, hair designer , demonstrator of cosmetics or cosmetologist shall, within 30 days after changing his place of business, as designated in the records of the board, notify the secretary of the board of his new place of business. Upon receipt of the notification, the secretary shall make the necessary change in the records.

    Sec. 18.  NRS 644.320 is hereby amended to read as follows:

    644.320  1.  The license of every cosmetologist, aesthetician, electrologist, hair designer, manicurist, provisional instructor , demonstrator of cosmetics and instructor expires on July 1 of the next succeeding odd-numbered year.

    2.  The board shall adopt regulations governing the proration of the fee required for initial licenses issued for less than 1 1/2 years

    Sec. 19.  NRS 644.325 is hereby amended to read as follows:

    644.325  1.  An application for renewal of any license issued pursuant to this chapter must be:

    (a) Made on a form prescribed and furnished by the board at any time during the month of June of the year in which the license expires;

    (b) Accompanied by the statement required pursuant to NRS 644.214; and

    (c) Accompanied by the fee for renewal.

    2.  The fees for renewal are:

    (a) For manicurists, electrologists, aestheticians, hair designers , demonstrators of cosmetics and cosmetologists, not less than $30 and not more than $50.

    (b) For instructors, not less than $40 and not more than $60.

    (c) For cosmetological establishments, not less than $60 and not more than $100.

    (d) For schools of cosmetology, not less than $450 and not more than $500.

    3.  For each month or fraction thereof after July 1 in which a license is not renewed, there must be assessed and collected at the time of renewal a penalty of $25 for a school of cosmetology and $10 for a cosmetological establishment and all persons licensed pursuant to this chapter.

    4.  An application for the renewal of a license as a cosmetologist, hair designer, aesthetician, electrologist, manicurist , demonstrator of cosmetics or instructor must be accompanied by two current photographs of the applicant which are 1 1/2 by 1 1/2 inches. The name and address of the applicant must be written on the back of each photograph.

    Sec. 20.  NRS 644.330 is hereby amended to read as follows:

    644.330  1.  A manicurist, electrologist, aesthetician, hair designer, cosmetologist , demonstrator of cosmetics or instructor whose license has expired may have his license renewed only upon submission of the statement required pursuant to NRS 644.214 and payment of all required fees.

    2.  Any manicurist, electrologist, aesthetician, hair designer, cosmetologist , demonstrator of cosmetics or instructor who retires from practice for more than 1 year may have his license restored only upon submission of the statement required pursuant to NRS 644.214 and payment of all required fees.


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ê2001 Statutes of Nevada, Page 1195 (Chapter 265, AB 551)ê

 

    3.  No manicurist, electrologist, aesthetician, hair designer, cosmetologist , demonstrator of cosmetics or instructor who has retired from practice for more than 4 years may have his license restored without examination and must comply with any additional requirements established in regulations adopted by the board.

    Sec. 21.  NRS 644.360 is hereby amended to read as follows:

    644.360  1.  Every holder of a license issued by the board to operate a cosmetological establishment shall display the license in plain view of members of the general public in the principal office or place of business of the holder.

    2.  The operator of a cosmetological establishment shall lease space to or employ only licensed manicurists, electrologists, aestheticians, hair designers , demonstrators of cosmetics and cosmetologists at his establishment to provide cosmetological services.

    Sec. 22.  NRS 644.430 is hereby amended to read as follows:

    644.430  1.  The following are grounds for disciplinary action by the board:

    (a) Failure of an owner of a cosmetological establishment, a licensed aesthetician, cosmetologist, hair designer, electrologist, instructor, manicurist , demonstrator of cosmetics or school of cosmetology, or a cosmetologist’s apprentice to comply with the requirements of this chapter or the applicable regulations adopted by the board.

    (b) Obtaining practice in cosmetology or any branch thereof, for money or any thing of value, by fraudulent misrepresentation.

    (c) Gross malpractice.

    (d) Continued practice by a person knowingly having an infectious or contagious disease.

    (e) Drunkenness or the use or possession, or both, of a controlled substance or dangerous drug without a prescription, while engaged in the practice of cosmetology.

    (f) Advertisement by means of knowingly false or deceptive statements.

    (g) Permitting a license to be used where the holder thereof is not personally, actively and continuously engaged in business.

    (h) Failure to display the license as provided in NRS 644.290, 644.360 and 644.410.

    (i) Entering, by a school of cosmetology, into an unconscionable contract with a student of cosmetology.

    (j) Continued practice of cosmetology or operation of a cosmetological establishment or school of cosmetology after the license therefor has expired.

    (k) Any other unfair or unjust practice, method or dealing which, in the judgment of the board, may justify such action.

    2.  If the board determines that a violation of this section has occurred, it may:

    (a) Refuse to issue or renew a license;

    (b) Revoke or suspend a license;

    (c) Place the licensee on probation for a specified period; or

    (d) Impose a fine not to exceed $1,000.

    Sec. 23.  NRS 644.435 is hereby amended to read as follows:

    644.435  1.  If the board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been issued a license or been registered pursuant to NRS 644.190 to 644.330, inclusive, and sections 3 and 4 of this act the board shall deem the license or registration issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the holder of the license or registration stating that the holder of the license or registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

 


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ê2001 Statutes of Nevada, Page 1196 (Chapter 265, AB 551)ê

 

NRS 644.190 to 644.330, inclusive, and sections 3 and 4 of this act the board shall deem the license or registration issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the holder of the license or registration stating that the holder of the license or registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

    2.  The board shall reinstate a license or registration issued pursuant to NRS 644.190 to 644.330, inclusive, and sections 3 and 4 of this act that has been suspended by a district court pursuant to NRS 425.540 if the board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license or registration was suspended stating that the person whose license or registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

    Sec. 24.  NRS 644.460 is hereby amended to read as follows:

    644.460  1.  The following persons are exempt from the provisions of this chapter:

    (a) All persons authorized by the laws of this state to practice medicine, dentistry, osteopathic medicine, chiropractic or podiatry.

    (b) Commissioned medical officers of the United States Army, Navy, or Marine Hospital Service when engaged in the actual performance of their official duties, and attendants attached to those services.

    (c) Barbers, insofar as their usual and ordinary vocation and profession is concerned, when engaged in any of the following practices:

         (1) Cleansing or singeing the hair of any person.

         (2) Massaging, cleansing, stimulating, exercising or similar work upon the scalp, face or neck of any person, with the hands or with mechanical or electrical apparatus or appliances, or by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.

    (d) Retailers, at a retail establishment, insofar as their usual and ordinary vocation and profession is concerned, when engaged in the demonstration of [make-up] cosmetics if:

         (1) The demonstration is without charge to the person to whom the demonstration is given; and

         (2) The retailer does not advertise or provide a cosmetological service except [make-up] cosmetics and fragrances.

    (e) Photographers or their employees, insofar as their usual and ordinary vocation and profession is concerned, if the photographer or his employee does not advertise cosmetological services and provides cosmetics without charge to the customer.

    2.  Any school of cosmetology conducted as part of the vocational rehabilitation training program of the department of prisons or the Caliente youth center:

    (a) Is exempt from the requirements of paragraph (c) of subsection 2 of NRS 644.400.

    (b) Notwithstanding the provisions of NRS 644.395, shall maintain a staff of at least one licensed instructor.

________

 


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ê2001 Statutes of Nevada, Page 1197ê

 

CHAPTER 266, AB 214

Assembly Bill No. 214–Committee on Education

 

CHAPTER 266

 

AN ACT relating to education; requiring the department of education and the board of trustees of each school district to adopt a plan setting forth procedures concerning the security of certain examinations; requiring the department to establish certain additional procedures and programs relating to the examinations; requiring certain schools to provide for additional administration of the examinations under certain circumstances; prohibiting retaliatory action against an official of a school district or charter school who discloses information regarding irregularities in testing administration or testing security; providing that a teacher or administrator who intentionally fails to observe and carry out the provisions of a plan for test security is subject to disciplinary action; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 31, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 389 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.2 to 6, inclusive, of this act.

    Sec. 1.2.  As used in sections 1.2 to 5.9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 1.4, 1.6 and 1.8 of this act have the meanings ascribed to them in those sections.

    Sec. 1.4.  “Irregularity in testing administration” means the failure to administer an examination to pupils pursuant to NRS 389.015 or 389.550 in the manner intended by the person or entity that created the examination.

    Sec. 1.6.  “Irregularity in testing security” means an act or omission that tends to corrupt or impair the security of an examination administered to pupils pursuant to NRS 389.015 or 389.550, including, without limitation:

    1.  The failure to comply with security procedures adopted pursuant to section 2 or 4 of this act;

    2.  The disclosure of questions or answers to questions on an examination in a manner not otherwise approved by law; and

    3.  Other breaches in the security or confidentiality of the questions or answers to questions on an examination.

    Sec. 1.8.  “School official” means:

    1.  A member of a board of trustees of a school district;

    2.  A member of a governing body of a charter school; or

    3.  A licensed or unlicensed person employed by the board of trustees of a school district or the governing body of a charter school.

    Sec. 2.  1.  The department shall, by regulation or otherwise, adopt and enforce a plan setting forth procedures to ensure the security of examinations that are administered to pupils pursuant to NRS 389.015 and 389.550.

    2.  A plan adopted pursuant to subsection 1 must include, without limitation:

    (a) Procedures pursuant to which pupils, school officials and other persons may, and are encouraged to, report irregularities in testing administration and testing security.


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ê2001 Statutes of Nevada, Page 1198 (Chapter 266, AB 214)ê

 

    (b) Procedures necessary to ensure the security of test materials and the consistency of testing administration.

    (c) Procedures that specifically set forth the action that must be taken in response to a report of an irregularity in testing administration or testing security and the actions that must be taken during an investigation of such an irregularity. For each action that is required, the procedures must identify:

         (1) By category, the employees of the school district, charter school or department, or any combination thereof, who are responsible for taking the action; and

         (2) Whether the school district, charter school or department, or any combination thereof, is responsible for ensuring that the action is carried out successfully.

    (d) Objective criteria that set forth the conditions under which a school, including, without limitation, a charter school or a school district, or both, is required to file a plan for corrective action in response to an irregularity in testing administration or testing security for the purposes of section 5.3 of this act.

    3.  A copy of the plan adopted pursuant to this section and the procedures set forth therein must be submitted on or before September 1 of each year to:

    (a) The state board; and

    (b) The legislative committee on education, created pursuant to NRS 218.5352.

    Sec. 3.  1.  If the department:

    (a) Has reason to believe that a violation of the plan adopted pursuant to section 2 of this act may have occurred;

    (b) Has reason to believe that a violation of the plan adopted pursuant to section 4 of this act may have occurred with respect to an examination that is administered pursuant to NRS 389.015 or 389.550; or

    (c) Receives a request pursuant to subparagraph (2) of paragraph (b) of subsection 1 of section 5 of this act to investigate a potential violation of the plan adopted pursuant to section 4 of this act with respect to an examination that is administered pursuant to NRS 389.015 or 389.550,

the department shall investigate the matter as it deems appropriate.

    2.  If the department investigates a matter pursuant to subsection 1, the department may issue a subpoena to compel the attendance or testimony of a witness or the production of any relevant materials, including, without limitation, books, papers, documents, records, photographs, recordings, reports and tangible objects.

    3.  If a witness refuses to attend, testify or produce materials as required by the subpoena, the department may report to the district court by petition, setting forth that:

    (a) Due notice has been given of the time and place of attendance or testimony of the witness or the production of materials;

    (b) The witness has been subpoenaed by the department pursuant to this section; and

    (c) The witness has failed or refused to attend, testify or produce materials before the department as required by the subpoena, or has refused to answer questions propounded to him,and asking for an order of the court compelling the witness to attend, testify or produce materials before the department.


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ê2001 Statutes of Nevada, Page 1199 (Chapter 266, AB 214)ê

 

and asking for an order of the court compelling the witness to attend, testify or produce materials before the department.

    4.  Upon receipt of such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why he has not attended, testified or produced materials before the department. A certified copy of the order must be served upon the witness.

    5.  If it appears to the court that the subpoena was regularly issued by the department, the court shall enter an order that the witness appear before the department at a time and place fixed in the order and testify or produce materials, and that upon failure to obey the order the witness must be dealt with as for contempt of court.

    Sec. 4.  1.  The board of trustees of each school district shall, for each public school in the district, including, without limitation, charter schools, adopt and enforce a plan setting forth procedures to ensure the security of examinations.

    2.  A plan adopted pursuant to subsection 1 must include, without limitation:

    (a) Procedures pursuant to which pupils, school officials and other persons may, and are encouraged to, report irregularities in testing administration and testing security.

    (b) Procedures necessary to ensure the security of test materials and the consistency of testing administration.

    (c) With respect to secondary schools, procedures pursuant to which the school district or charter school, as appropriate, will verify the identity of pupils taking an examination.

    (d) Procedures that specifically set forth the action that must be taken in response to a report of an irregularity in testing administration or testing security and the action that must be taken during an investigation of such an irregularity. For each action that is required, the procedures must identify, by category, the employees of the school district or charter school who are responsible for taking the action and for ensuring that the action is carried out successfully.

The procedures adopted pursuant to this subsection must be consistent, to the extent applicable, with the procedures adopted by the department pursuant to section 2 of this act.

    3.  A copy of each plan adopted pursuant to this section and the procedures set forth therein must be submitted on or before September 1 of each year to:

    (a) The state board; and

    (b) The legislative committee on education, created pursuant to NRS 218.5352.

    4.  On or before September 30 of each school year, the board of trustees of each school district and the governing body of each charter school shall provide a written notice regarding the examinations to all teachers and educational personnel employed by the school district or governing body, all personnel employed by the school district or governing body who are involved in the administration of the examinations, all pupils who are required to take the examinations and all parents and legal guardians of such pupils. The written notice must be prepared in a format that is easily understood and must include, without limitation, a description of the:


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ê2001 Statutes of Nevada, Page 1200 (Chapter 266, AB 214)ê

 

    (a) Plan adopted pursuant to this section; and

    (b) Action that may be taken against personnel and pupils for violations of the plan or for other irregularities in testing administration or testing security.

    5.  As used in this section:

    (a) “Examination” means:

         (1) Achievement and proficiency examinations that are administered to pupils pursuant to NRS 389.015 or 389.550; and

         (2) Any other examinations which measure the achievement and proficiency of pupils and which are administered to pupils on a district-wide basis.

    (b) “Irregularity in testing administration” means the failure to administer an examination in the manner intended by the person or entity that created the examination.

    (c) “Irregularity in testing security” means an act or omission that tends to corrupt or impair the security of an examination, including, without limitation:

         (1) The failure to comply with security procedures adopted pursuant to section 2 or 4 of this act;

         (2) The disclosure of questions or answers to questions on an examination in a manner not otherwise approved by law; and

         (3) Other breaches in the security or confidentiality of the questions or answers to questions on an examination.

    Sec. 5.  1.  If a school official has reason to believe that a violation of the plan adopted pursuant to section 4 of this act may have occurred, the school official shall immediately report the incident to the board of trustees of the school district. If the board of trustees of a school district has reason to believe that a violation of the plan adopted pursuant to section 4 of this act may have occurred, the board of trustees shall:

    (a) If the violation is with respect to an examination administered pursuant to NRS 389.015 or 389.550, immediately report the incident to the department orally or in writing followed by a comprehensive written report within 14 school days after the incident occurred; and

    (b) Cause to be commenced an investigation of the incident. The board of trustees may carry out the requirements of this paragraph by:

         (1) Investigating the incident as it deems appropriate, including, without limitation, using the powers of subpoena set forth in this section.

         (2) With respect to an examination that is administered pursuant to NRS 389.015 or 389.550, requesting that the department investigate the incident pursuant to section 3 of this act.

The fact that a board of trustees elects initially to carry out its own investigation pursuant to subparagraph (1) of paragraph (b) does not affect the ability of the board of trustees to request, at any time, that the department investigate the incident as authorized pursuant to subparagraph (2) of paragraph (b).

    2.  Except as otherwise provided in this subsection, if the board of trustees of a school district proceeds in accordance with subparagraph (1) of paragraph (b) of subsection 1, the board of trustees may issue a subpoena to compel the attendance or testimony of a witness or the production of any relevant materials, including, without limitation, books, papers, documents, records, photographs, recordings, reports and tangible objects. A board of trustees shall not issue a subpoena to compel the attendance or testimony of a witness or the production of materials unless the attendance, testimony or production sought to be compelled is related directly to a violation or an alleged violation of the plan adopted pursuant to section 4 of this act.


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ê2001 Statutes of Nevada, Page 1201 (Chapter 266, AB 214)ê

 

attendance or testimony of a witness or the production of materials unless the attendance, testimony or production sought to be compelled is related directly to a violation or an alleged violation of the plan adopted pursuant to section 4 of this act.

    3.  If a witness refuses to attend, testify or produce materials as required by the subpoena, the board of trustees may report to the district court by petition, setting forth that:

    (a) Due notice has been given of the time and place of attendance or testimony of the witness or the production of materials;

    (b) The witness has been subpoenaed by the board of trustees pursuant to this section; and

    (c) The witness has failed or refused to attend, testify or produce materials before the board of trustees as required by the subpoena, or has refused to answer questions propounded to him,

and asking for an order of the court compelling the witness to attend, testify or produce materials before the board of trustees.

    4.  Upon receipt of such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why he has not attended, testified or produced materials before the board of trustees. A certified copy of the order must be served upon the witness.

    5.  If it appears to the court that the subpoena was regularly issued by the board of trustees, the court shall enter an order that the witness appear before the board of trustees at a time and place fixed in the order and testify or produce materials, and that upon failure to obey the order the witness must be dealt with as for contempt of court.

    Sec. 5.1.  1.  Except as otherwise provided in subsection 8, if the department determines:

    (a) That at least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during 1 school year on the examinations administered pursuant to NRS 389.015, excluding the high school proficiency examination;

    (b) That in the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.015, excluding the high school proficiency examination; and

    (c) Based upon the criteria set forth in subsection 5, that the irregularities described in paragraphs (a) and (b) warrant an additional administration of the examinations,

the department shall notify the school and the school district in which the school is located that the school is required to provide for an additional administration of the examinations to pupils who are enrolled in a grade that is required to take the examinations pursuant to NRS 389.015, excluding the high school proficiency examination, or to the pupils the department determines must take the additional administration pursuant to subsection 6. The additional administration must occur in the same school year in which the irregularity described in paragraph (b) occurred. The school district shall pay for all costs related to the administration of examinations pursuant to this subsection.

    2.  If the department determines that:


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ê2001 Statutes of Nevada, Page 1202 (Chapter 266, AB 214)ê

 

    (a) At least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during 1 school year on the examinations administered pursuant to NRS 389.550;

    (b) In the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.550; and

    (c) Based upon the criteria set forth in subsection 5, that the irregularities described in paragraphs (a) and (b) warrant an additional administration of the examinations,

the department shall notify the school and the school district in which the school is located that the school is required to provide for an additional administration of the examinations to pupils who are enrolled in a grade that is required to take the examinations pursuant to NRS 389.550 or to the pupils the department determines must take the additional administration pursuant to subsection 6. The additional administration must occur in the same school year in which the irregularity described in paragraph (b) occurred. The school district shall pay for all costs related to the administration of examinations pursuant to this subsection.

    3.  If the department determines that:

    (a) At least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during 1 school year on the examinations administered pursuant to NRS 389.015, excluding the high school proficiency examination;

    (b) In the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.550; and

    (c) Based upon the criteria set forth in subsection 5, that the irregularities described in paragraphs (a) and (b) warrant an additional administration of the examinations,

the department shall notify the school and the school district in which the school is located that the school is required to provide for an additional administration of the examinations to pupils who are enrolled in a grade that is required to take the examinations pursuant to NRS 389.550 or to the pupils the department determines must take the additional administration pursuant to subsection 6. The additional administration must occur in the same school year in which the irregularity described in paragraph (b) occurred. The school district shall pay for all costs related to the administration of examinations pursuant to this subsection.

    4.  Except as otherwise provided in subsection 8, if the department determines that:

    (a) At least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during 1 school year on the examinations administered pursuant to NRS 389.550;

    (b) In the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.015, excluding the high school proficiency examination; and

    (c) Based upon the criteria set forth in subsection 5, that the irregularities described in paragraphs (a) and (b) warrant an additional administration of the examinations,

the department shall notify the school and the school district in which the school is located that the school is required to provide for an additional administration of the examinations to pupils who are enrolled in a grade that is required to take the examinations pursuant to NRS 389.015, excluding the high school proficiency examination, or to the pupils the department determines must take the additional administration pursuant to subsection 6.


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ê2001 Statutes of Nevada, Page 1203 (Chapter 266, AB 214)ê

 

administration of the examinations to pupils who are enrolled in a grade that is required to take the examinations pursuant to NRS 389.015, excluding the high school proficiency examination, or to the pupils the department determines must take the additional administration pursuant to subsection 6. The additional administration must occur in the same school year in which the irregularity described in paragraph (b) occurred. The school district shall pay for all costs related to the administration of examinations pursuant to this subsection.

    5.  In determining whether to require a school to provide for an additional administration of examinations pursuant to this section, the department shall consider:

    (a) The effect of each irregularity in testing administration, including, without limitation, whether the irregularity required the scores of pupils to be invalidated; and

    (b) Whether sufficient time remains in the school year to provide for an additional administration of examinations.

    6.  If the department determines pursuant to subsection 5 that a school must provide for an additional administration of examinations, the department may consider whether the most recent irregularity in testing administration affected the test scores of a limited number of pupils and require the school to provide an additional administration of examinations pursuant to this section only to those pupils whose test scores were affected by the most recent irregularity.

    7.  The department shall provide as many notices pursuant to this section during 1 school year as are applicable to the irregularities occurring at a school. A school shall provide for additional administrations of examinations pursuant to this section within 1 school year as applicable to the irregularities occurring at the school.

    8.  If a school is required to provide an additional administration of examinations pursuant to subsection 2 of NRS 385.368 for a school year, the school is not required to provide for an additional administration pursuant to subsection 1 or 4 in that school year. The department shall ensure that the information required pursuant to paragraph (b) of subsection 3 of section 5.9 of this act is included in its report for the additional administration provided by such a school pursuant to subsection 2 of NRS 385.368.

    Sec. 5.3.  1.  The department shall notify the principal of a school, including, without limitation, a charter school, or the board of trustees of a school district, as applicable, if the school or the school district is required to file a plan for corrective action based upon the objective criteria adopted by the department pursuant to paragraph (d) of subsection 2 of section 2 of this act. Upon receipt of such notice, the school or the school district, as applicable, shall file a plan for corrective action with the department within the time prescribed by the department. Such a plan must specify the time within which the corrective action will be taken. The school or the school district, as applicable, shall commence corrective action pursuant to the plan immediately after the date on which the plan is filed.

    2.  The department shall establish procedures to document and monitor whether appropriate corrective action is being taken and whether that action is achieving the desired result. Such documentation must be maintained and reported in accordance with section 5.9 of this act.


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ê2001 Statutes of Nevada, Page 1204 (Chapter 266, AB 214)ê

 

    3.  The department may require a school or a school district to amend its plan for corrective action if the department determines that such amendment is necessary to ensure the security of test materials and the consistency of testing administration in the school or school district, as applicable.

    Sec. 5.5.  1.  The department shall establish a statewide program for use by schools and school districts in their preparation for the examinations that are administered pursuant to NRS 389.015, excluding the high school proficiency examination. The program must:

    (a) Be designed to ensure the consistency and uniformity of all materials and other information used in the preparation for the examinations; and

    (b) Be designed to ensure that the actual examinations administered pursuant to NRS 389.015 are not included within the materials and other information used for preparation.

    2.  If a school, including, without limitation, a charter school, or a school district provides preparation for the examinations that are administered pursuant to NRS 389.015, excluding the high school proficiency examination, the school or school district shall comply with the program established pursuant to subsection 1. A school district may use and provide additional materials and information if the materials and information comply with the program established by the department. A school, including, without limitation, a charter school, shall use only those materials and information that have been approved or provided by the department or the school district.

    Sec. 5.7.  1.  The department shall establish a program of education and training regarding the administration and security of the examinations administered pursuant to NRS 389.015 and 389.550. Upon approval of the department, the board of trustees of a school district or the governing body of a charter school may establish an expanded program of education and training that includes additional education and training if the expanded program complies with the program established by the department.

    2.  The board of trustees of each school district and the governing body of each charter school shall ensure that:

    (a) All the teachers and other educational personnel who provide instruction to pupils enrolled in a grade level that is required to be tested pursuant to NRS 389.015 or 389.550, and all other personnel who are involved with the administration of the examinations that are administered pursuant to NRS 389.015 or 389.550, receive, on an annual basis, the program of education and training established by the department or the expanded program, if applicable; and

    (b) The training and education is otherwise available for all personnel who are not required to receive the training and education pursuant to paragraph (a).

    Sec. 5.9.  1.  The department shall establish procedures for the uniform documentation and maintenance by the department of irregularities in testing administration and testing security reported to the department pursuant to section 5 of this act and investigations of such irregularities conducted by the department pursuant to section 3 of this act. The procedures must include, without limitation:

    (a) A method for assigning a unique identification number to each incident of irregularity; and


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ê2001 Statutes of Nevada, Page 1205 (Chapter 266, AB 214)ê

 

    (b) A method to ensure that the status of an irregularity is readily accessible by the department.

    2.  In accordance with the procedures established pursuant to subsection 1, the department shall prepare and maintain for each irregularity in testing administration and each irregularity in testing security, a written summary accompanying the report of the irregularity. The written summary must include, without limitation:

    (a) An evaluation of whether the procedures prescribed by the department pursuant to paragraph (c) of subsection 2 of section 2 of this act were followed in response to the irregularity;

    (b) The corrective action, if any, taken in response to the irregularity pursuant to section 5.3 of this act;

    (c) An evaluation of whether the corrective action achieved the desired result; and

    (d) The current status and the outcome, if any, of an investigation related to the irregularity.

    3.  The department shall prepare a written report that includes for each school year:

    (a) A summary of each irregularity in testing administration and testing security reported to the department pursuant to section 5 of this act and each investigation conducted pursuant to section 3 of this act.

    (b) A summary for each school that was required to provide additional administration of examinations pursuant to section 5.1 of this act. The summary must include, without limitation:

         (1) The identity of the school;

         (2) The type of additional examinations that were administered pursuant to section 5.1 of this act;

         (3) The date on which those examinations were administered;

         (4) A comparison of the results of pupils on the:

             (I) Examinations in which an additional irregularity occurred in the second school year described in section 5.1 of this act; and

             (II) Additional examinations administered pursuant to section 5.1 of this act.

    (c) Each written summary prepared by the department pursuant to subsection 2.

    (d) The current status of each irregularity that was reported for a preceding school year which had not been resolved at the time that the preceding report was filed.

    (e) The current status and the outcome, if any, of an investigation conducted by the department pursuant to section 3 of this act.

    (f) An analysis of the irregularities and recommendations, if any, to improve the security of the examinations and the consistency of testing administration.

    4.  On or before September 1 of each year, the department shall submit the report prepared pursuant to subsection 3 for the immediately preceding school year to the legislative committee on education created pursuant to NRS 218.5352 and the state board.

    Sec. 6.  If the department enters into a contract with a person or entity to score the results of an examination that is administered to pupils pursuant to NRS 389.015 or 389.550 and the contract sets forth penalties or sanctions in the event that the person or entity fails to deliver the scored results to a school district or charter school on a timely basis, the department shall ensure that any such penalties or sanctions are fully enforced.


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ê2001 Statutes of Nevada, Page 1206 (Chapter 266, AB 214)ê

 

department shall ensure that any such penalties or sanctions are fully enforced.

    Sec. 7.  NRS 389.015 is hereby amended to read as follows:

    389.015  1.  The board of trustees of each school district shall administer examinations in all public schools of the school district. The governing body of a charter school shall administer the same examinations in the charter school. The examinations administered by the board of trustees and governing body must determine the achievement and proficiency of pupils in:

    (a) Reading;

    (b) Writing;

    (c) Mathematics; and

    (d) Science.

    2.  The examinations required by subsection 1 must be:

    (a) Administered before the completion of grades 4, 8, 10 and 11.

    (b) Administered in each school district and each charter school at the same time. The time for the administration of the examinations must be prescribed by the state board.

    (c) Administered in each school in accordance with uniform procedures adopted by the state board. The department shall monitor the compliance of school districts and individual schools with the uniform procedures.

    (d) Administered in each school in accordance with the plan adopted pursuant to section 2 of this act by the department and with the plan adopted pursuant to section 4 of this act by the board of trustees of the school district in which the examinations are administered. The department shall monitor the compliance of school districts and individual schools with:

         (1) The plan adopted by the department; and

         (2) The plan adopted by the board of trustees of the applicable school district, to the extent that the plan adopted by the board of trustees of the school district is consistent with the plan adopted by the department.

    (e) Scored by the department or a single private entity that has contracted with the state board to score the examinations. If a private entity scores the examinations, it shall report the results of the examinations in the form and by the date required by the department.

    3.  Not more than 14 working days after the results of the examinations are reported to the department by a private entity that scored the examinations or the department completes the scoring of the examinations, the superintendent of public instruction shall certify that the results of the examinations have been transmitted to each school district and each charter school. Not more than 10 working days after a school district receives the results of the examinations, the superintendent of schools of each school district shall certify that the results of the examinations have been transmitted to each school within the school district. Except as otherwise provided in this subsection, not more than 15 working days after each school receives the results of the examinations, the principal of each school and the governing body of each charter school shall certify that the results for each pupil have been provided to the parent or legal guardian of the pupil:

    (a) During a conference between the teacher of the pupil or administrator of the school and the parent or legal guardian of the pupil; or

    (b) By mailing the results of the examinations to the last known address of the parent or legal guardian of the pupil.


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ê2001 Statutes of Nevada, Page 1207 (Chapter 266, AB 214)ê

 

If a pupil fails the high school proficiency examination, the school shall notify the pupil and the parents or legal guardian of the pupil as soon as practicable but not later than 15 working days after the school receives the results of the examination.

    4.  Different standards of proficiency may be adopted for pupils with diagnosed learning disabilities. If a pupil with a disability is unable to take an examination created by a private entity under regular testing conditions or with modifications and accommodations that are approved by the private entity, the pupil may take the examination with modifications and accommodations that are approved by the state board pursuant to subsection 8. If a pupil with a disability is unable to take an examination created by the department under regular testing conditions or with modifications and accommodations that are approved by the department, the pupil may take the examination with modifications and accommodations that are approved by the state board pursuant to subsection 8. The results of an examination that is taken under conditions that are not approved by a private entity or the department, as applicable, must not be reported pursuant to subsection 2 of NRS 389.017. If different standards of proficiency are adopted or other modifications or accommodations are made in the administration of the examinations for a pupil who is enrolled in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, other than a gifted and talented pupil, the different standards adopted or other modifications or accommodations must be set forth in the pupil’s program of special education developed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the standards prescribed by the state board. During the administration of the high school proficiency examination, a pupil with a disability may be given additional time to complete the examination if the additional time is a modification or accommodation that is approved in the pupil’s program of special education developed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.

    5.  If a pupil fails to demonstrate at least adequate achievement on the examination administered before the completion of grade 4, 8 or 10, he may be promoted to the next higher grade, but the results of his examination must be evaluated to determine what remedial study is appropriate. If such a pupil is enrolled at a school that has been designated as demonstrating need for improvement pursuant to NRS 385.367 , the pupil must, in accordance with the requirements set forth in this subsection, complete remedial study that is determined to be appropriate for the pupil.

    6.  If a pupil fails to pass the proficiency examination administered before the completion of grade 11, he must not be graduated until he is able, through remedial study, to pass the proficiency examination, but he may be given a certificate of attendance, in place of a diploma, if he has reached the age of 17 years.

    7.  The state board shall prescribe standard examinations of achievement and proficiency to be administered pursuant to subsection 1. The examinations on reading, mathematics and science prescribed for grades 4, 8 and 10 must be selected from examinations created by private entities and administered to a national reference group, and must allow for a comparison of the achievement and proficiency of pupils in grades 4, 8 and 10 in this state to that of a national reference group of pupils in grades 4, 8 and 10. The questions contained in the examinations and the approved answers used for grading them are confidential, and disclosure is unlawful except:


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ê2001 Statutes of Nevada, Page 1208 (Chapter 266, AB 214)ê

 

questions contained in the examinations and the approved answers used for grading them are confidential, and disclosure is unlawful except:

    (a) To the extent necessary for administering and evaluating the examinations.

    (b) That a disclosure may be made to a:

         (1) State officer who is a member of the executive or legislative branch to the extent that it is necessary for the performance of his duties;

         (2) Superintendent of schools of a school district to the extent that it is necessary for the performance of his duties;

         (3) Director of curriculum of a school district to the extent that it is necessary for the performance of his duties; and

         (4) Director of testing of a school district to the extent that it is necessary for the performance of his duties.

    (c) That specific questions and answers may be disclosed if the superintendent of public instruction determines that the content of the questions and answers is not being used in a current examination and making the content available to the public poses no threat to the security of the current examination process.

    8.  The state board shall prescribe, in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., the modifications and accommodations that may be used in the administration of an examination to a pupil with a disability who is unable to take the examination under regular testing conditions or with modifications and accommodations that are approved by the private entity that created the examination or, if the department created the examination, by the department. These regulations may include, without limitation, authorizing a pupil to complete an examination with additional time.

    Sec. 8.  NRS 389.550 is hereby amended to read as follows:

    389.550  1.  The state board shall, in consultation with the council, prescribe examinations that measure the achievement and proficiency of pupils in selected grades in the standards of content established by the council that are in addition to the examinations administered pursuant to NRS 389.015. The state board shall, based upon the recommendations of the council, select the grade levels of pupils that are required to take the examinations and the standards that the examinations must measure.

    2.  The board of trustees of each school district and the governing body of each charter school shall administer the examinations prescribed by the state board. The examinations must be:

    (a) Administered to pupils in each school district and each charter school at the same time, as prescribed by the state board.

    (b) Administered in each school in accordance with uniform procedures adopted by the state board. The department shall monitor the school districts and individual schools to ensure compliance with the uniform procedures.

    (c) Administered in each school in accordance with the plan adopted pursuant to section 2 of this act by the department and with the plan adopted pursuant to section 4 of this act by the board of trustees of the school district in which the examinations are administered. The department shall monitor the compliance of school districts and individual schools with:

         (1) The plan adopted by the department; and


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ê2001 Statutes of Nevada, Page 1209 (Chapter 266, AB 214)ê

 

         (2) The plan adopted by the board of trustees of the applicable school district, to the extent that the plan adopted by the board of trustees of the school district is consistent with the plan adopted by the department.

    Sec. 9.  Chapter 391 of NRS is hereby amended by adding thereto the provisions set forth as sections 10 to 22, inclusive, of this act.

    Sec. 10.  As used in sections 10 to 22, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 11 to 15, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 11.  “Examination” means:

    1.  Achievement and proficiency examinations that are administered to pupils pursuant to NRS 389.015 or 389.550; and

    2.  Any other examinations which measure the achievement and proficiency of pupils and which are administered to pupils on a district-wide basis.

    Sec. 12.  “Irregularity in testing administration” means the failure to administer an examination in the manner intended by the person or entity that created the examination.

    Sec. 13.  “Irregularity in testing security” means an act or omission that tends to corrupt or impair the security of an examination, including, without limitation:

    1.  The failure to comply with security procedures adopted pursuant to section 2 or 4 of this act;

    2.  The disclosure of questions or answers to questions on an examination in a manner not otherwise approved by law; and

    3.  Other breaches in the security or confidentiality of the questions or answers to questions on an examination.

    Sec. 14.  “Reprisal or retaliatory action” includes, without limitation:

    1.  Frequent or undesirable changes in the location of an office;

    2.  Frequent or undesirable transfers or reassignments;

    3.  The issuance of letters of reprimand, letters of admonition or evaluations of poor performance;

    4.  A demotion;

    5.  A reduction in pay;

    6.  The denial of a promotion;

    7.  A suspension;

    8.  A dismissal;

    9.  A transfer; or

    10.  Frequent changes in working hours or workdays,

if such action is taken, in whole or in part, because the school official disclosed information concerning irregularities in testing administration or testing security.

    Sec. 15.  “School official” means:

    1.  A member of a board of trustees of a school district;

    2.  A member of a governing body of a charter school; or

    3.  A licensed or unlicensed person employed by the board of trustees of a school district or the governing body of a charter school.

    Sec. 16.  It is hereby declared to be the policy of this state that a school official is encouraged to disclose, to the extent not expressly prohibited by law, irregularities in testing administration and testing security, and it is the intent of the legislature to protect the rights of a school official who makes such a disclosure.


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ê2001 Statutes of Nevada, Page 1210 (Chapter 266, AB 214)ê

 

    Sec. 17.  1.  A school official shall not directly or indirectly use or attempt to use his official authority or influence to intimidate, threaten, coerce, command, influence or attempt to intimidate, threaten, coerce, command or influence another school official in an effort to interfere with or prevent the disclosure of information concerning irregularities in testing administration or testing security.

    2.  As used in this section, “official authority or influence” includes taking, directing others to take, recommending, processing or approving any personnel action such as an appointment, promotion, transfer, assignment, reassignment, reinstatement, restoration, reemployment, evaluation or other disciplinary action.

    Sec. 18.  1.  If any reprisal or retaliatory action is taken against a school official who discloses information concerning irregularities in testing administration or testing security within 2 years after the information is disclosed, the school official may file a written appeal with the state board for a hearing on the matter and determination of whether the action taken was a reprisal or retaliatory action. The written appeal must be accompanied by a statement that sets forth with particularity:

    (a) The facts and circumstances pursuant to which the disclosure of information concerning irregularities in testing administration or testing security was made; and

    (b) The reprisal or retaliatory action that is alleged to have been taken against the school official.

The hearing must be conducted in accordance with the rules of procedure adopted by the state board pursuant to subsection 4.

    2.  If the state board determines that the action taken was a reprisal or retaliatory action, it may issue an order directing the proper person to desist and refrain from engaging in such action.

    3.  The state board may not rule against the school official based on the identity of the person or persons to whom the information concerning irregularities in testing administration or testing security was disclosed.

    4.  The state board shall adopt rules of procedure for conducting a hearing pursuant to this section.

    Sec. 19.  1.  During any stage of an investigation or hearing concerning allegations of reprisal or retaliatory action, the state board may issue a subpoena to compel the attendance or testimony of a witness or the production of any relevant materials, including, but not limited to, books, papers, documents, records, photographs, recordings, reports and tangible objects.

    2.  If a witness refuses to attend, testify or produce materials as required by the subpoena, the state board may report to the district court by petition, setting forth that:

    (a) Due notice has been given of the time and place of attendance or testimony of the witness or the production of materials;

    (b) The witness has been subpoenaed by the state board pursuant to this section; and

    (c) The witness has failed or refused to attend, testify or produce materials as required by the subpoena before the state board, or has refused to answer questions propounded to him,

and asking for an order of the court compelling the witness to attend, testify or produce materials before the state board.


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ê2001 Statutes of Nevada, Page 1211 (Chapter 266, AB 214)ê

 

    3.  Upon receipt of such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why he has not attended, testified or produced materials before the state board. A certified copy of the order must be served upon the witness.

    4.  If it appears to the court that the subpoena was regularly issued by the state board, the court shall enter an order that the witness appear before the state board at a time and place fixed in the order and testify or produce materials, and that upon failure to obey the order the witness must be dealt with as for contempt of court.

    Sec. 20.  1.  No school official may use the provisions of sections 10 to 22, inclusive, of this act to harass another school official.

    2.  A person who willfully discloses untruthful information concerning irregularities in testing administration or testing security:

    (a) Is guilty of a misdemeanor; and

    (b) Is subject to appropriate disciplinary action.

    Sec. 21.  Each year, the department shall provide to the board of trustees of each school district and to the governing body of each charter school a written summary of sections 10 to 22, inclusive, of this act. Upon receipt of the written summary, the board of trustees or governing body, as appropriate, shall provide a copy of the written summary to all other school officials within the school district or charter school.

    Sec. 22.  Except as otherwise provided in section 20 of this act, the provisions of sections 10 to 22, inclusive, of this act are intended to be directory and preventive rather than punitive. The provisions of sections 10 to 22, inclusive, of this act do not abrogate or decrease the effect of any of the provisions of NRS that define crimes or prescribe punishments with respect to the conduct of school officials.

    Sec. 23.  NRS 391.312 is hereby amended to read as follows:

    391.312  1.  A teacher may be suspended, dismissed or not reemployed and an administrator may be demoted, suspended, dismissed or not reemployed for the following reasons:

    (a) Inefficiency;

    (b) Immorality;

    (c) Unprofessional conduct;

    (d) Insubordination;

    (e) Neglect of duty;

    (f) Physical or mental incapacity;

    (g) A justifiable decrease in the number of positions due to decreased enrollment or district reorganization;

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

    (i) Inadequate performance;

    (j) Evident unfitness for service;

    (k) Failure to comply with such reasonable requirements as a board may prescribe;

    (l) Failure to show normal improvement and evidence of professional training and growth;

    (m) Advocating overthrow of the Government of the United States or of the State of Nevada by force, violence or other unlawful means, or the advocating or teaching of communism with the intent to indoctrinate pupils to subscribe to communistic philosophy;


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ê2001 Statutes of Nevada, Page 1212 (Chapter 266, AB 214)ê

 

    (n) Any cause which constitutes grounds for the revocation of a teacher’s license;

    (o) Willful neglect or failure to observe and carry out the requirements of this Title;

    (p) Dishonesty;

    (q) Breaches in the security or confidentiality of the questions and answers of the achievement and proficiency examinations that are administered pursuant to NRS 389.015; [or]

    (r) Intentional failure to observe and carry out the requirements of a plan to ensure the security of examinations adopted pursuant to section 2 or 4 of this act; or

    (s) An intentional violation of NRS 388.5265 or 388.527.

    2.  In determining whether the professional performance of a licensed employee is inadequate, consideration must be given to the regular and special evaluation reports prepared in accordance with the policy of the employing school district and to any written standards of performance which may have been adopted by the board.

    Sec. 24.  NRS 391.330 is hereby amended to read as follows:

    391.330  The state board may suspend or revoke the license of any teacher, administrator or other licensed employee, after notice and an opportunity for hearing have been provided pursuant to NRS 391.322 and 391.323, for:

    1.  Immoral or unprofessional conduct.

    2.  Evident unfitness for service.

    3.  Physical or mental incapacity which renders the teacher, administrator or other licensed employee unfit for service.

    4.  Conviction of a felony or crime involving moral turpitude.

    5.  Conviction of a sex offense under NRS 200.366, 200.368, 201.190, 201.220, 201.230 or 207.260 in which a pupil enrolled in a school of a county school district was the victim.

    6.  Knowingly advocating the overthrow of the Federal Government or of the State of Nevada by force, violence or unlawful means.

    7.  Persistent defiance of or refusal to obey the regulations of the state board, the commission or the superintendent of public instruction, defining and governing the duties of teachers, administrators and other licensed employees.

    8.  Breaches in the security or confidentiality of the questions and answers of the achievement and proficiency examinations that are administered pursuant to NRS 389.015.

    9.  Intentional failure to observe and carry out the requirements of a plan to ensure the security of examinations adopted pursuant to section 2 or 4 of this act.

    10.  An intentional violation of NRS 388.5265 or 388.527.

    Sec. 25.  1.  The department shall adopt a plan in accordance with the provisions of section 2 of this act on or before August 15, 2001.

    2.  The board of trustees of each school district in this state shall adopt a plan in accordance with the provisions of section 4 of this act on or before September 15, 2001.

    3.  Upon the adoption of each initial plan, the plan must be submitted as soon as practicable to the state board of education and the legislative committee on education.


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ê2001 Statutes of Nevada, Page 1213 (Chapter 266, AB 214)ê

 

    Sec. 25.3.  1.  On or before October 1, 2001, the department of education shall establish procedures for the uniform documentation and maintenance of irregularities in testing administration and testing security pursuant to section 5.9 of this act for use commencing with the 2001-2002 school year.

    2.  The report required pursuant to subsection 4 of section 5.9 of this act must first be submitted on or before September 1, 2002.

    Sec. 25.7.  On or before July 1, 2002, the department of education shall establish:

    1.  A statewide program for the preparation of examinations pursuant to section 5.5 of this act for use commencing with the 2002-2003 school year.

    2.  A program of education and training regarding the administration and security of examinations pursuant to section 5.7 of this act for use commencing with the 2002-2003 school year.

    Sec. 26.  1.  The provisions of section 20 of this act do not apply to offenses committed before July 1, 2001.

    2.  The amendatory provisions of sections 23 and 24 of this act do not apply to acts committed before July 1, 2001.

    Sec. 27.  1.  This section and section 25 of this act become effective upon passage and approval.

    2.  Sections 2 and 4 of this act become effective upon passage and approval for the purpose of adopting a plan and on July 1, 2001, for all other purposes.

    3.  Sections 1 to 1.8, inclusive, 3, 5, 5.1, 5.3, 5.9 to 24, inclusive, 25.3, 25.7 and 26 of this act become effective on July 1, 2001.

    4.  Sections 5.5 and 5.7 of this act become effective on July 1, 2001, for the purpose of establishing programs in accordance with those sections and on July 1, 2002, for all other purposes.

________

 

CHAPTER 267, AB 291

Assembly Bill No. 291–Assemblymen Claborn, Carpenter, Collins, Marvel, Neighbors, Anderson, Bache, Brown, de Braga, Humke, Lee, McClain, Mortenson and Parnell

 

CHAPTER 267

 

AN ACT relating to game tags; imposing an additional fee for processing an application for a game tag for the support of programs to control predators and protect wildlife habitat; and providing other matters properly relating thereto.

 

[Approved: May 31, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 502 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  In addition to any fee charged and collected pursuant to NRS 502.250, a fee of $3 must be charged for processing each application for a game tag, the revenue from which must be accounted for separately, deposited with the state treasurer for credit to the wildlife account in the state general fund and used by the division for costs related to:


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ê2001 Statutes of Nevada, Page 1214 (Chapter 267, AB 291)ê

 

    (a) Programs for the management and control of injurious predatory wildlife;

    (b) Wildlife management activities relating to the protection of nonpredatory game animals, sensitive wildlife species and related wildlife habitat;

    (c) Conducting research, as needed, to determine successful techniques for managing and controlling predatory wildlife, including studies necessary to ensure effective programs for the management and control of injurious predatory wildlife; and

    (d) Programs for the education of the general public concerning the management and control of predatory wildlife.

    2.  The division of wildlife is hereby authorized to expend a portion of the money collected pursuant to subsection 1 to enable the state department of agriculture to develop and carry out the programs described in subsection 1.

    3.  The money in the wildlife account remains in the account and does not revert to the state general fund at the end of any fiscal year.

    Sec. 2.  NRS 502.255 is hereby amended to read as follows:

    502.255  The division shall account separately for the money received from fees for processing applications for tags and , except as otherwise provided in section 1 of this act, use that money only for all of the division’s direct and indirect costs associated with the system of applications and drawings for, and the issuance of, tags.

    Sec. 3.  This act becomes effective on January 1, 2002.

________

 

CHAPTER 268, AB 377

Assembly Bill No. 377–Assemblymen Parnell, Gibbons, McClain, Bache, Brower, Carpenter, de Braga, Freeman, Goldwater, Koivisto, Lee, Leslie, Smith and Von Tobel

 

Joint Sponsor: Senator Amodei

 

CHAPTER 268

 

AN ACT relating to domestic violence; requiring courts in certain smaller counties to be available at all times to issue temporary and extended orders for protection against domestic violence; providing that a person who violates a temporary or extended order must not be released from custody sooner than 12 hours after being taken into custody if the arresting officer determines that the violation is accompanied by a direct or indirect threat of harm; and providing other matters properly relating thereto.

 

[Approved: May 31, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 33.020 is hereby amended to read as follows:

    33.020  1.  If it appears to the satisfaction of the court from specific facts shown by a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence, the court may grant a temporary or extended order . [for protection against domestic violence.] A temporary or extended order [for protection against domestic violence] must not be granted to the applicant or the adverse party unless he has requested the order and has filed a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence.


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ê2001 Statutes of Nevada, Page 1215 (Chapter 268, AB 377)ê

 

the order and has filed a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence.

    2.  The court may require the applicant or the adverse party, or both, to appear before [it] the court before determining whether to grant the temporary or extended order.

    3.  A temporary order may be granted with or without notice to the adverse party. An extended order may only be granted after notice to the adverse party and a hearing on the application. A hearing on an application for an extended order must be held within 45 days after the date on which the application for the extended order is filed.

    4.  The court shall rule upon an application for a temporary order within 1 judicial day after it is filed.

    5.  If it appears to the satisfaction of the court from specific facts communicated by telephone to the court by an alleged victim that an act of domestic violence has occurred and the alleged perpetrator of the domestic violence has been arrested and is presently in custody pursuant to NRS 171.137, the court may grant a temporary order . [for protection against domestic violence.] Before approving an order under such circumstances, the court shall confirm with the appropriate law enforcement agency that the applicant is an alleged victim and that the alleged perpetrator is in custody. Upon approval by the court, the signed order may be transmitted to the facility where the alleged perpetrator is in custody by electronic or telephonic transmission to a facsimile machine. If such an order is received by the facility holding the alleged perpetrator while he is still in custody, the order must be personally served by an authorized employee of the facility before the alleged perpetrator is released. The court shall mail a copy of each order issued pursuant to this subsection to the alleged victim named in the order and cause the original order to be filed with the court clerk on the first judicial day after it is issued.

    6.  In a county whose population is [400,000] 47,000 or more, the court shall be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to receive communications by telephone and for the issuance of a temporary order [for protection against domestic violence] pursuant to subsection 5.

    7.  In a county whose population is less than [400,000,] 47,000, the court may be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to receive communications by telephone and for the issuance of a temporary order [for protection against domestic violence] pursuant to subsection 5.

    8.  The clerk of the court shall inform the protected party upon the successful transfer of information concerning the registration to the central repository for Nevada records of criminal history as required pursuant to NRS 33.095.

    Sec. 2.  NRS 33.030 is hereby amended to read as follows:

    33.030  1.  The court by a temporary order may:

    (a) Enjoin the adverse party from threatening, physically injuring or harassing the applicant or minor child, either directly or through an agent;

    (b) Exclude the adverse party from the applicant’s place of residence;

    (c) Prohibit the adverse party from entering the residence, school or place of employment of the applicant or minor child and order him to stay away from any specified place frequented regularly by them;


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ê2001 Statutes of Nevada, Page 1216 (Chapter 268, AB 377)ê

 

    (d) If it has jurisdiction under chapter 125A of NRS, grant temporary custody of the minor child to the applicant; and

    (e) Order such other relief as it deems necessary in an emergency situation.

    2.  The court by an extended order may grant any relief enumerated in subsection 1 and:

    (a) Specify arrangements for visitation of the minor child by the adverse party and require supervision of that visitation by a third party if necessary; and

    (b) Order the adverse party to:

         (1) Avoid or limit communication with the applicant or minor child;

         (2) Pay rent or make payments on a mortgage on the applicant’s place of residence or pay for the support of the applicant or minor child if he is found to have a duty to support the applicant or minor child; and

         (3) Pay all costs and fees incurred by the applicant in bringing the action.

    3.  If an extended order is issued by a justice’s court, an interlocutory appeal lies to the district court, which may affirm, modify or vacate the order in question. The appeal may be taken without bond, but its taking does not stay the effect or enforcement of the order.

    4.  A temporary or extended order must specify, as applicable, the county and city, if any, in which the residence, school, child care facility or other provider of child care, and place of employment of the applicant or minor child are located.

    5.  A temporary or extended order must provide notice that a person who is arrested for violating the order will not be admitted to bail sooner than 12 hours after his arrest if the arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm.

    Sec. 3.  NRS 62.040 is hereby amended to read as follows:

    62.040  1.  Except if the child involved is subject to the exclusive jurisdiction of an Indian tribe, and except as otherwise provided in this chapter, the court has exclusive original jurisdiction in proceedings:

    (a) Concerning any child living or found within the county who is in need of supervision because he:

         (1) Is a child who is subject to compulsory school attendance and is a habitual truant from school;

         (2) Habitually disobeys the reasonable and lawful demands of his parents, guardian or other custodian, and is unmanageable; or

         (3) Deserts, abandons or runs away from his home or usual place of abode, and is in need of care or rehabilitation. The child must not be considered a delinquent.

    (b) Concerning any child living or found within the county who has committed a delinquent act. A child commits a delinquent act if he violates a county or municipal ordinance or any rule or regulation having the force of law, or he commits an act designated a crime under the law of the State of Nevada.

    (c) Concerning any child in need of commitment to an institution for the mentally retarded.

    2.  For the purposes of subsection 1, each of the following acts shall be deemed not to be a delinquent act, and the court does not have jurisdiction of a person who is charged with committing such an act:


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    (a) Murder or attempted murder and any other related offense arising out of the same facts as the murder or attempted murder, regardless of the nature of the related offense.

    (b) Sexual assault or attempted sexual assault involving the use or threatened use of force or violence against the victim and any other related offense arising out of the same facts as the sexual assault or attempted sexual assault, regardless of the nature of the related offense, if:

         (1) The person was 16 years of age or older when the sexual assault or attempted sexual assault was committed; and

         (2) Before the sexual assault or attempted sexual assault was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.

    (c) An offense or attempted offense involving the use or threatened use of a firearm and any other related offense arising out of the same facts as the offense or attempted offense involving the use or threatened use of a firearm, regardless of the nature of the related offense, if:

         (1) The person was 16 years of age or older when the offense or attempted offense involving the use or threatened use of a firearm was committed; and

         (2) Before the offense or attempted offense involving the use or threatened use of a firearm was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.

    (d) A felony resulting in death or substantial bodily harm to the victim and any other related offense arising out of the same facts as the felony, regardless of the nature of the related offense, if:

         (1) The felony was committed on the property of a public or private school when pupils or employees of the school were present or may have been present, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties; and

         (2) The person intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person.

    (e) Any other offense if, before the offense was committed, the person previously had been convicted of a criminal offense.

    3.  If a child is charged with a minor traffic offense, the court may transfer the case and record to a justice’s or municipal court if the judge determines that it is in the best interest of the child. If a case is so transferred:

    (a) The restrictions set forth in subsection [6] 7 of NRS 62.170 are applicable in those proceedings; and

    (b) The child must be accompanied at all proceedings by a parent or legal guardian.

With the consent of the judge of the juvenile division, the case may be transferred back to the juvenile court.

    4.  As used in this section, “school bus” has the meaning ascribed to it in NRS 483.160.

    Sec. 4.  NRS 62.170 is hereby amended to read as follows:

    62.170  1.  Except as otherwise provided in NRS 62.172 and 62.175, a peace officer or probation officer may take into custody any child:

    (a) Who the officer has probable cause to believe is violating or has violated any law, ordinance or rule or regulation having the force of law; or


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ê2001 Statutes of Nevada, Page 1218 (Chapter 268, AB 377)ê

 

    (b) Whose conduct indicates that he is a child in need of supervision.

    2.  Except as otherwise provided in this section and NRS 62.172 and 484.383, if a child is taken into custody:

    (a) The officer shall, without undue delay, attempt to notify, if known, the parent, guardian or custodian of the child;

    (b) The facility in which the child is detained shall, without undue delay:

         (1) Notify a probation officer; and

         (2) Attempt to notify, if known, the parent, guardian or custodian of the child if such notification was not accomplished pursuant to paragraph (a); and

    (c) Unless it is impracticable or inadvisable or has been otherwise ordered by the court, the child must be released to the custody of his parent or other responsible adult who has signed a written agreement to bring the child to the court at a stated time or at such time as the court may direct. The written agreement must be submitted to the court as soon as possible. If this person fails to produce the child as agreed or upon notice from the court, a writ may be issued for the attachment of the person or of the child requiring that the person or child, or both of them, be brought into the court at a time stated in the writ.

    3.  Except as otherwise provided in this section and NRS 62.172, if a child who is taken into custody is not released pursuant to subsection 2:

    (a) The child must be taken without unnecessary delay to:

         (1) The court; or

         (2) The place of detention designated by the court and, as soon as possible thereafter, the fact of detention must be reported to the court; and

    (b) Pending further disposition of the case, the court may order that the child be:

         (1) Released to the custody of the parent or other person appointed by the court;

         (2) Detained in such place as is designated by the court, subject to further order of the court; or

         (3) Conditionally released for supervised detention at the home of the child in lieu of detention at a facility for the detention of juveniles.

    4.  A child who is taken into custody for committing a battery that constitutes domestic violence pursuant to NRS 33.018 must not be released from custody sooner than 12 hours after he is taken into custody.

    5.  A child who is taken into custody for violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or for violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to Title 11 of NRS must not be released from custody sooner than 12 hours after he is taken into custody if the peace officer or probation officer who has taken the child into custody determines that such a violation is accompanied by a direct or indirect threat of harm. For the purposes of this subsection, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief that might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.

    6.  Except as otherwise provided in [subsection] subsections 4 and 5 and NRS 62.172, if a child is alleged to be delinquent or in need of supervision, the child must not, before disposition of the case, be detained in a facility for the secure detention of juveniles unless there is probable cause to believe that:


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ê2001 Statutes of Nevada, Page 1219 (Chapter 268, AB 377)ê

 

the secure detention of juveniles unless there is probable cause to believe that:

    (a) If the child is not detained, he is likely to commit an offense dangerous to himself or to the community, or likely to commit damage to property;

    (b) The child will run away or be taken away so as to be unavailable for proceedings of the court or to its officers;

    (c) The child was brought to the probation officer pursuant to a court order or warrant; or

    (d) The child is a fugitive from another jurisdiction.

    [6.] 7.  If a child is not alleged to be delinquent or in need of supervision, the child must not, at any time, be confined or detained in:

    (a) A facility for the secure detention of juveniles; or

    (b) Any police station, lockup, jail, prison or other facility in which adults are detained or confined.

    [7.] 8.  If a child is less than 18 years of age, the child must not, at any time, be confined or detained in any police station, lockup, jail, prison or other facility where the child has regular contact with any adult who is confined or detained therein and who has been convicted of a crime or charged with a crime, unless:

    (a) The child is alleged to be delinquent;

    (b) An alternative facility is not available; and

    (c) The child is separated by sight and sound from any adults who are confined or detained therein.

    [8.] 9.  If a child who is alleged to be delinquent is taken into custody and detained, the child must be given a detention hearing, conducted by the judge or master:

    (a) Within 24 hours after the child submits a written application;

    (b) In a county whose population is less than 100,000, within 24 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined;

    (c) In a county whose population is 100,000 or more, within 6 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined; or

    (d) Within 72 hours after the commencement of detention at a facility in which adults are not detained or confined,

whichever occurs first, excluding Saturdays, Sundays and holidays. A child must not be released after a detention hearing without the written consent of the judge or master.

    [9.] 10.  If the parent, guardian or custodian of the child appears with or on behalf of the child at a detention hearing, the judge or master shall provide to him a certificate of attendance which he may provide to his employer. The certificate of attendance must set forth the date and time of appearance and the provisions of NRS 62.900. The certificate of attendance must not set forth the name of the child or the offense alleged.

    [10.] 11.  Except as otherwise provided in subsection [11,] 12, if a child who is alleged to be in need of supervision is taken into custody and detained, the child must be released within 24 hours, excluding Saturdays, Sundays and holidays, after his initial contact with a peace officer to his parent, guardian or custodian, to any other person who is able to provide adequate care and supervision, or to shelter care, unless the court holds a detention hearing and determines the child:


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ê2001 Statutes of Nevada, Page 1220 (Chapter 268, AB 377)ê

 

    (a) Has threatened to run away from home or from the shelter;

    (b) Is accused of violent behavior at home; or

    (c) Is accused of violating the terms of his supervision and consent decree.

If the court makes such a determination, the child may be detained for an additional 24 hours after the hearing, excluding Saturdays, Sundays and holidays, if needed by the court to make an alternative placement. Such an alternative placement must be in a facility in which there are no physically restraining devices or barriers. A child must not be detained pursuant to this subsection for a total period in excess of 48 hours, excluding Saturdays, Sundays and holidays.

    [11.] 12.  If a child who is alleged to be in need of supervision is taken into custody and detained, the child need not be released pursuant to subsection [10,] 11, if the court holds a detention hearing and determines the child:

    (a) Is a ward of a federal court or held pursuant to federal statute;

    (b) Has run away from another state and a jurisdiction within the state has issued a want, warrant or request for the child; or

    (c) Is accused of violating a valid court order.

If the court makes such a determination, the child may be detained for such an additional period as necessary for the court to return the child to the jurisdiction from which he originated or to make an alternative placement. Such an alternative placement must be in a facility in which there are no physically restraining devices or barriers.

    [12.] 13.  During the pendency of a criminal or quasi-criminal charge of a crime excluded from the original jurisdiction of the juvenile court pursuant to NRS 62.040, a child may petition the juvenile court for temporary placement in a facility for the detention of juveniles.

    [13.] 14.  In determining whether to release a child pursuant to this section to a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child who is suitable and able to provide proper care and guidance for the child.

    Sec. 5.  NRS 62.172 is hereby amended to read as follows:

    62.172  1.  If a peace officer or probation officer has probable cause to believe that a child is committing or has committed an offense that involves the possession, use or threatened use of a firearm, the officer shall take the child into custody.

    2.  If a child is taken into custody for an offense described in subsection 1, the child must not be released before a detention hearing is held pursuant to subsection [8] 9 of NRS 62.170.

    3.  At a detention hearing held pursuant to subsection [8] 9 of NRS 62.170 concerning a child who was taken into custody for an offense described in subsection 1, the judge or master shall determine whether to order the child to be evaluated by a qualified professional. If the judge or master orders a child to be evaluated by a qualified professional, the evaluation must be completed within 14 days after the detention hearing. Until the evaluation is completed, the child must be:

    (a) Detained at a facility for the detention of juveniles; or

    (b) Placed under a program of supervision in his home that may include electronic surveillance of the child.


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ê2001 Statutes of Nevada, Page 1221 (Chapter 268, AB 377)ê

 

    4.  If a child is evaluated by a qualified professional pursuant to subsection 3, the statements made by the child to the qualified professional during the evaluation and any evidence directly or indirectly derived from those statements may not be used for any purpose in a proceeding which is conducted to prove that the child committed a delinquent act or criminal offense. The provisions of this subsection do not prohibit the district attorney from proving that the child committed a delinquent act or criminal offense based upon evidence obtained from sources or by means that are independent of the statements made by the child to the qualified professional during the evaluation conducted pursuant to subsection 3.

    5.  As used in this section:

    (a) “Firearm” has the meaning ascribed to it in subsection 1 of NRS 202.253.

    (b) “Qualified professional” means:

         (1) A psychiatrist licensed to practice medicine in this state and certified by the American Board of Psychiatry and Neurology, Inc.;

         (2) A psychologist licensed to practice in this state;

         (3) A social worker holding a master’s degree in social work and licensed in this state as a clinical social worker;

         (4) A registered nurse holding a master’s degree in the field of psychiatric nursing and licensed to practice professional nursing in this state; or

         (5) A marriage and family therapist licensed in this state pursuant to chapter 641A of NRS.

    Sec. 6.  Chapter 125 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  A restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence which is issued in an action or proceeding brought pursuant to this Title must provide notice that a person who is arrested for violating the order or injunction will not be admitted to bail sooner than 12 hours after his arrest if the arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm.

    2.  For the purposes of this section, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief that might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.

    Sec. 7.  NRS 171.1225 is hereby amended to read as follows:

    171.1225  1.  When investigating an act of domestic violence, a peace officer shall:

    (a) Make a good faith effort to explain the provisions of NRS 171.137 pertaining to domestic violence and advise victims of all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community.

    (b) Provide a person suspected of being the victim of an act of domestic violence with a written copy of the following statements:

         (1) My name is officer ......................... (naming the investigating officer). Nevada law requires me to inform you of the following information.

         (2) If I have probable cause to believe that a battery has been committed against you, your minor child or the minor child of the person believed to have committed the battery in the last 24 hours by your spouse, your former spouse, any other person to whom you are related by blood or marriage, a person with whom you are or were actually residing, a person with whom you have had or are having a dating relationship or a person with whom you have a child in common, I am required, unless mitigating circumstances exist, to arrest the person suspected of committing the act.


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ê2001 Statutes of Nevada, Page 1222 (Chapter 268, AB 377)ê

 

marriage, a person with whom you are or were actually residing, a person with whom you have had or are having a dating relationship or a person with whom you have a child in common, I am required, unless mitigating circumstances exist, to arrest the person suspected of committing the act.

         (3) If I am unable to arrest the person suspected of committing the battery, you have the right to request that the prosecutor file a criminal complaint against the person. I can provide you with information on this procedure. If convicted, the person who committed the battery may be placed on probation, ordered to see a counselor, put in jail or fined.

         (4) The law provides that you may seek a court order for the protection of you or your minor children against further threats or acts of domestic violence. You do not need to hire a lawyer to obtain such an order for protection.

         (5) An order for protection may require the person who committed or threatened the act of domestic violence against you to:

             (I) Stop threatening, harassing or injuring you or your children;

             (II) Move out of your residence;

             (III) Stay away from your place of employment;

             (IV) Stay away from the school attended by your children;

             (V) Stay away from any place you or your children regularly go; and

             (VI) Avoid or limit all communication with you or your children.

         (6) A court may make future orders for protection which award you custody of your children and require the person who committed or threatened the act of domestic violence against you to pay:

             (I) The rent or mortgage due on the place in which you live;

             (II) The amount of money necessary for the support of your children; and

             (III) Part or all of the costs incurred by you in obtaining the order for protection.

         (7) To get an order for protection, go to room number ....... (state the room number of the office at the court) at the court, which is located at ......................... (state the address of the court). Ask the clerk of the court to provide you with the forms for an order of protection.

         (8) If the person who committed or threatened the act of domestic violence against you violates the terms of an order for protection, he may be arrested [.] and, if the arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm, he will not be admitted to bail sooner than 12 hours after his arrest.

         (9) You may obtain emergency assistance or shelter by contacting your local program against domestic violence at ......................... (state name, address and telephone number of local program) or you may call, without charge to you, the statewide program against domestic violence at ........................ (state toll-free telephone number of statewide program).

    2.  As used in this section, “act of domestic violence” means any of the following acts committed by a person against his spouse, former spouse, any other person to whom he is related by blood or marriage, a person with whom he is or was actually residing, a person with whom he has had or is having a dating relationship, a person with whom he has a child in common, the minor child of any of those persons or his minor child:

    (a) A battery.

    (b) An assault.


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ê2001 Statutes of Nevada, Page 1223 (Chapter 268, AB 377)ê

 

    (c) Compelling the other by force or threat of force to perform an act from which he has the right to refrain or to refrain from an act which he has the right to perform.

    (d) A sexual assault.

    (e) A knowing, purposeful or reckless course of conduct intended to harass the other. Such conduct may include, but is not limited to:

         (1) Stalking.

         (2) Arson.

         (3) Trespassing.

         (4) Larceny.

         (5) Destruction of private property.

         (6) Carrying a concealed weapon without a permit.

    (f) False imprisonment.

    (g) Unlawful entry of the other’s residence, or forcible entry against the other’s will if there is a reasonably foreseeable risk of harm to the other from the entry.

    3.  The failure of a peace officer to carry out the requirements set forth in subsection 1 is not a defense in a criminal prosecution for the commission of an act of domestic violence, nor may such an omission be considered as negligence or as causation in any civil action against the peace officer or his employer.

    4.  As used in this section, “dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.

    Sec. 8.  NRS 178.484 is hereby amended to read as follows:

    178.484  1.  Except as otherwise provided in this section, a person arrested for an offense other than murder of the first degree must be admitted to bail.

    2.  A person arrested for a felony who has been released on probation or parole for a different offense must not be admitted to bail unless:

    (a) A court issues an order directing that the person be admitted to bail;

    (b) The state board of parole commissioners directs the detention facility to admit the person to bail; or

    (c) The division of parole and probation of the department of motor vehicles and public safety directs the detention facility to admit the person to bail.

    3.  A person arrested for a felony whose sentence has been suspended pursuant to NRS 4.373 or 5.055 for a different offense or who has been sentenced to a term of residential confinement pursuant to NRS 4.3762 or 5.076 for a different offense must not be admitted to bail unless:

    (a) A court issues an order directing that the person be admitted to bail; or

    (b) A department of alternative sentencing directs the detention facility to admit the person to bail.

    4.  A person arrested for murder of the first degree may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.

    5.  A person arrested for a battery that constitutes domestic violence pursuant to NRS 33.018 must not be admitted to bail sooner than 12 hours after his arrest. If the person is admitted to bail more than 12 hours after his arrest, pursuant to subsection 5 of NRS 171.178, without appearing personally before a magistrate, or without the amount of bail having been otherwise set by a magistrate or a court, the amount of bail must be:


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ê2001 Statutes of Nevada, Page 1224 (Chapter 268, AB 377)ê

 

arrest, pursuant to subsection 5 of NRS 171.178, without appearing personally before a magistrate, or without the amount of bail having been otherwise set by a magistrate or a court, the amount of bail must be:

    (a) Three thousand dollars, if the person has no previous convictions of battery that constitute domestic violence pursuant to NRS 33.018 and there is no reason to believe that the battery for which he has been arrested resulted in substantial bodily harm;

    (b) Five thousand dollars, if the person has:

         (1) No previous convictions of battery that constitute domestic violence pursuant to NRS 33.018, but there is reason to believe that the battery for which he has been arrested resulted in substantial bodily harm; or

         (2) One previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018, but there is no reason to believe that the battery for which he has been arrested resulted in substantial bodily harm; or

    (c) Fifteen thousand dollars, if the person has:

         (1) One previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018 and there is reason to believe that the battery for which he has been arrested resulted in substantial bodily harm; or

         (2) Two or more previous convictions of battery that constitute domestic violence pursuant to NRS 33.018.

The provisions of this subsection do not affect the authority of a magistrate or a court to set the amount of bail when the person personally appears before the magistrate or the court [.] , or when a magistrate or a court has otherwise been contacted to set the amount of bail. For the purposes of this subsection, a person shall be deemed to have a previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018 if the person has been convicted of such an offense in this state or has been convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct.

    6.  A person arrested for violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or for violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to Title 11 of NRS must not be admitted to bail sooner than 12 hours after his arrest if the arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm. If the person is admitted to bail more than 12 hours after his arrest, pursuant to subsection 5 of NRS 171.178, without appearing personally before a magistrate, or without the amount of bail having been otherwise set by a magistrate or a court, the amount of bail must be:

    (a) Three thousand dollars, if the person has no previous convictions of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to Title 11 of NRS;

    (b) Five thousand dollars, if the person has one previous conviction of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to Title 11 of NRS; or


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ê2001 Statutes of Nevada, Page 1225 (Chapter 268, AB 377)ê

 

extended order for protection against domestic violence issued in an action or proceeding brought pursuant to Title 11 of NRS; or

    (c) Fifteen thousand dollars, if the person has two or more previous convictions of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to Title 11 of NRS.

The provisions of this subsection do not affect the authority of a magistrate or a court to set the amount of bail when the person personally appears before the magistrate or the court, or when a magistrate or a court has otherwise been contacted to set the amount of bail. For the purposes of this subsection, a person shall be deemed to have a previous conviction of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to Title 11 of NRS if the person has been convicted of such an offense in this state or has been convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct.

    7.  The court may, before releasing a person arrested for an offense punishable as a felony, require the surrender to the court of any passport the person possesses.

    [7.] 8.  Before releasing a person arrested for any crime, the court may impose such reasonable conditions on the person as it deems necessary to protect the health, safety and welfare of the community and to ensure that the person will appear at all times and places ordered by the court, including, without limitation:

    (a) Requiring the person to remain in this state or a certain county within this state;

    (b) Prohibiting the person from contacting or attempting to contact a specific person or from causing or attempting to cause another person to contact that person on his behalf;

    (c) Prohibiting the person from entering a certain geographic area; or

    (d) Prohibiting the person from engaging in specific conduct that may be harmful to his own health, safety or welfare, or the health, safety or welfare of another person.

In determining whether a condition is reasonable, the court shall consider the factors listed in NRS 178.4853.

    [8.] 9.  If a person fails to comply with a condition imposed pursuant to subsection [7,] 8, the court may, after providing the person with reasonable notice and an opportunity for a hearing:

    (a) Deem such conduct a contempt pursuant to NRS 22.010; or

    (b) Increase the amount of bail pursuant to NRS 178.499.

    [9.] 10.  An order issued pursuant to this section that imposes a condition on a person admitted to bail must include a provision ordering any law enforcement officer to arrest the person if he has probable cause to believe that the person has violated a condition of his bail.


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ê2001 Statutes of Nevada, Page 1226 (Chapter 268, AB 377)ê

 

    [10.] 11.  Before a person may be admitted to bail, he must sign a document stating that:

    (a) He will appear at all times and places as ordered by the court releasing him and as ordered by any court before which the charge is subsequently heard;

    (b) He will comply with the other conditions which have been imposed by the court and are stated in the document; and

    (c) If he fails to appear when so ordered and is taken into custody outside of this state, he waives all his rights relating to extradition proceedings.

The signed document must be filed with the clerk of the court of competent jurisdiction as soon as practicable, but in no event later than the next business day.

    [11.] 12.  If a person admitted to bail fails to appear as ordered by a court and the jurisdiction incurs any cost in returning the person to the jurisdiction to stand trial, the person who failed to appear is responsible for paying those costs as restitution.

    13.  For the purposes of subsection 6, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief that might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.

    Sec. 9.  NRS 178.4851 is hereby amended to read as follows:

    178.4851  1.  Upon a showing of good cause, a court may release without bail any person entitled to bail if it appears to the court that it can impose conditions on the person that will adequately protect the health, safety and welfare of the community and ensure that he will appear at all times and places ordered by the court.

    2.  In releasing a person without bail the court may impose such conditions as it deems necessary to protect the health, safety and welfare of the community and to ensure that he will appear at all times and places ordered by the court, including, without limitation, any condition set forth in subsection [7] 8 of NRS 178.484.

    3.  Upon a showing of good cause, a sheriff or chief of police may release without bail any person charged with a misdemeanor pursuant to standards established by a court of competent jurisdiction.

    4.  Before a person may be released without bail, he must file with the clerk of the court of competent jurisdiction a signed document stating that:

    (a) He will appear at all times and places as ordered by the court releasing him and as ordered by any court before which the charge is subsequently heard;

    (b) He will comply with the other conditions which have been imposed by the court and are stated in the document;

    (c) If he fails to appear when so ordered and is taken into custody outside of this state, he waives all his rights relating to extradition proceedings; and

    (d) He understands that any court of competent jurisdiction may revoke the order of release without bail and may order him into custody or require him to furnish bail or otherwise ensure the protection of the health, safety and welfare of the community or his appearance.

    5.  If a jurisdiction incurs any costs in returning a person to the jurisdiction to stand trial, the person failing to appear is responsible for paying those costs as restitution.


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ê2001 Statutes of Nevada, Page 1227 (Chapter 268, AB 377)ê

 

    6.  An order issued pursuant to this section that imposes a condition on a person who is released without bail must include a provision ordering a law enforcement officer to arrest the person if he has probable cause to believe that the person has violated a condition of his release.

    Sec. 10.  The provisions of subsection 1 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.  The amendatory provisions of this act do not apply to a person who is admitted to bail before October 1, 2001.

________

 

CHAPTER 269, SB 57

Senate Bill No. 57–Senator Carlton

 

CHAPTER 269

 

AN ACT relating to legislators; prohibiting a private contract of employment that provides for a loss of job seniority for a legislator because of the legislator’s attendance at certain meetings during the legislative interim; requiring public and certain private employers to grant leave for employees who are legislators to attend certain meetings during the legislative interim; and providing other matters properly relating thereto.

 

[Approved: May 31, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 218.044 is hereby amended to read as follows:

    218.044  1.  [On and after April 8, 1967, no] No contract of employment wherein a private individual, corporation, association or partnership is the employer is lawful or enforceable in this state which works a loss of job seniority of any person by reason of his absence from his regular duties or place of employment while attending a regular or special session of the legislature of this state as a member thereof [.] or while attending a meeting for which leave is required pursuant to subsection 3.

    2.  The presence in a general contract between employer and employees or their representative of any provision which violates subsection 1 does not affect the validity of any other and separable provision.

    3.  Any private employer who has more than 50 employees or any public employer who employs a person who is a member of the legislature shall grant leave to the employee, with or without pay at the discretion of the employer, for the employee’s attendance during the legislative interim at a:

    (a) Meeting of the legislative commission of which the employee is a member or a subcommittee of the legislative commission of which the employee is a member;

    (b) Meeting of the interim finance committee of which the employee is a member or other legislative committee or subcommittee created by statute of which the employee is a member;

    (c) Meeting of an interim committee which conducts a study or investigation pursuant to subsection 5 of NRS 218.682 of which the employee is a member or any other committee established by the legislature which conducts an interim legislative study of which the employee is a member; or


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ê2001 Statutes of Nevada, Page 1228 (Chapter 269, SB 57)ê

 

    (d) Meeting of a committee, other than a legislative committee, if the employee is a member of the committee in his official capacity as a legislator.

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

________

 

CHAPTER 270, SB 88

Senate Bill No. 88–Senators Rhoads and McGinness

 

CHAPTER 270

 

AN ACT relating to statutory liens; providing for the creation and foreclosure of a lien for farm products; and providing other matters properly relating thereto.

 

[Approved: May 31, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 108 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 17, inclusive, of this act.

    Sec. 2.  As used in sections 2 to 17, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 3.  “Cash” means coin or currency of the United States. The term does not include a check or money order.

    Sec. 4.  “Farm product” includes every agricultural, horticultural, viticultural or vegetable product grown and harvested in this state. The term does not include timber or a timber product.

    Sec. 5.  “Processed farm product” includes, without limitation, a farm product in a preserved, manufactured or processed form.

    Sec. 6.  1.  “Processor” means a person who:

    (a) Is engaged in the business of processing or manufacturing farm products; and

    (b) Solicits, buys, contracts to buy or otherwise takes title to, or possession or control of, farm products from the producer for the purposes of processing, manufacturing, selling, reselling or redelivering the farm product.

    2.  The term does not include a retail merchant who:

    (a) Has a fixed or established place of business in this state; and

    (b) Does not sell at wholesale a farm product that is processed or manufactured by him.

    Sec. 7.  “Producer” means a person who is engaged in the business of growing or producing a farm product in this state.

    Sec. 8.  1.  In addition to all other rights and remedies which are provided by law, a producer that delivers or sells a farm product which is grown by him to a processor pursuant to a contract, express or implied, has a lien for the labor, care and expense in growing and harvesting the farm product upon:

    (a) The farm product;

    (b) The processed farm product derived from the farm product; and

    (c) The proceeds of a sale of the farm product or the processed farm product.


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ê2001 Statutes of Nevada, Page 1229 (Chapter 270, SB 88)ê

 

    2.  A lien on a farm product, processed farm product, or proceeds from the sale of a farm product or processed farm product extends to an amount of the farm product, processed farm product or proceeds equal in value to the agreed price or an agreed method for determining the price for the farm product. For purposes of determining the extent of the lien, the value of the farm product is the market value of the farm product on the date of delivery of the farm product to the processor.

    3.  Any portion of the farm product, processed farm product or proceeds in excess of the amount necessary to satisfy the total amount owed to a producer pursuant to a contract is free of the lien provided by this section.

    Sec. 9.  1.  Unless released by payment or by security which is given for payment before attachment of a lien, the lien of a producer pursuant to section 8 of this act:

    (a) Attaches on the date of delivery of the farm product by a producer to a processor; and

    (b) Is a preferred lien and superior to all other liens, claims or encumbrances, except:

         (1) Claims for wages and salaries for personal services and labor which are rendered by a person to a processor in connection with the processing of the farm product after the delivery of the farm product to the processor; or

         (2) The lien of a warehouseman pursuant to chapter 104 of NRS.

    2.  The lien of a producer for a series of deliveries of a farm product attaches on the date of the last delivery.

    Sec. 10.  1.  To perfect the lien provided for in section 8 of this act, a producer must, not later than 45 days after the date on which the lien attaches pursuant to section 9 of this act, file a notice of the lien in the office of the secretary of state.

    2.  A notice of lien that is filed pursuant to subsection 1 must be verified by the oath of the producer and must contain:

    (a) The name of the producer;

    (b) The name of the processor;

    (c) A statement of the terms and conditions of the contract between the producer and the processor; and

    (d) The total amount owed to the producer by the processor under the terms of the contract, after deducting any applicable credits or offsets.

    3.  Not later than 24 hours after filing a notice of lien pursuant to this section, a producer shall send a copy of the notice of lien to the processor by certified mail.

    Sec. 11.  1.  The lien provided for in section 8 of this act applies to any farm product and any processed farm product in the possession of the processor.

    2.  For the purposes of this section, a farm product or a processed farm product deposited by a processor with a warehouse, whether or not warehouse receipts are given as security to a lender, shall be deemed to be in the possession of the processor and subject to the lien of the producer.

    3.  As used in this section:

    (a) “Lender” includes any person who advances new value to a processor.


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ê2001 Statutes of Nevada, Page 1230 (Chapter 270, SB 88)ê

 

    (b) “New value” includes a new advance or loan, whether in money or property, that is made by a lender to a processor. The term does not include an:

         (1) Extension or renewal of an existing obligation of the processor; or

         (2) Obligation that is substituted for an existing obligation of the processor.

    Sec. 12.  1.  A lien on a farm product or processed farm product may be released to the extent that the value of the claim upon the farm product or processed farm product is secured by:

    (a) A surety bond;

    (b) A cash deposit; or

    (c) Other security given and approved by a producer who holds a lien.

    2.  A producer holding a lien may release a lien upon:

    (a) Payment for the agreed amount or for the reasonable value of the farm product that is sold or delivered; or

    (b) Arrangements being made for payment of the agreed amount or for the reasonable value of the farm product that is sold or delivered that are satisfactory to the producer.

    Sec. 13.  1.  Subject to the approval of a producer holding a lien, a processor may obtain a release of the lien by:

    (a) Paying the agreed or actual value of any farm product that is delivered to or purchased by the processor within 20 days after the date of delivery of the farm product, unless the date of payment is otherwise agreed upon in writing or payment is secured by an instrument or arrangement other than the lien.

    (b) Obtaining a surety bond which is executed by the processor as the principal and by a surety company which is authorized to do business in this state as a surety in an amount equal to the current market value of the farm product or processed farm product that the processor intends to dispose of or sell. The bond must be conditioned that if the processor fails to make payments to producers for the lawful claims of all producers whose liens have been released by the bond in an amount equal to or greater than the amount of the bond within 35 days after the date of the bond, the surety will be liable to and shall pay the claimants all lawful claims that may be covered by the amount of the bond and the costs of suit if an action is filed on the bond.

    (c) Depositing cash with a financial institution in this state in an amount that is set apart by an instrument in writing which is signed by the processor for the purpose of guaranteeing, to the extent of the amount deposited, the payment of all existing claims of producers whose liens are released by the deposit within 35 days after the date of the deposit. The financial institution where a deposit is made pursuant to this paragraph must be named as the trustee in the instrument to carry out the provisions of the instrument.

    (d) Designating, setting apart and depositing a quantity of a nonproprietary processed farm product in a public warehouse, and endorsing over and delivering the warehouse receipt to the producer for a quantity of nonproprietary processed farm products in an amount that is satisfactory to the producer for the purpose of guaranteeing, to the extent of the value of the deposit, payment of the existing claims of producers and labor claimants whose liens are released by the deposit within 35 days after the date of the deposit.


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ê2001 Statutes of Nevada, Page 1231 (Chapter 270, SB 88)ê

 

labor claimants whose liens are released by the deposit within 35 days after the date of the deposit.

    (e) Securing a release after payment in full for the farm products.

    2.  If a processor has paid all lawful claims of the producers in compliance with this section, a processor may sell, transport or otherwise dispose of any farm product for which the lien has been released.

    3.  If a bond, cash deposit, warehouse deposit or other security is given by a processor pursuant to this section, the processor may sell, transport or otherwise dispose of an amount of the farm product or processed farm product not exceeding the current market value represented by the bond, cash deposit, warehouse deposit or other security given by the processor.

    4.  For the purposes of this section, the current market value of a farm product or processed farm product may be based upon quotations from the Federal-State Market News Service or a similar source agreed to in writing by the parties to be determined, as appropriate, on the date:

    (a) Of the bond;

    (b) Of the deposit; or

    (c) Other security is given.

    Sec. 14.  1.  In an action commenced by a lien claimant, a defendant processor may file a surety bond with the court in which the action is pending in an amount that is sufficient to cover the demand of the complaint of the plaintiff producer, including attorneys’ fees and costs.

    2.  Upon the filing of the bond described in subsection 1, the court, in its discretion, may order the release of a portion of the farm product or processed farm product upon which the lien of the plaintiff producer has attached.

    3.  A processor may move the court for a hearing to introduce evidence to the court to demonstrate that he has sufficient security or money on deposit to protect the lien or other rights of the plaintiff producer.

    4.  Upon proof of sufficient security, the court may order the release of a portion or the whole of a farm product upon which the lien of the plaintiff producer is attached and deny the plaintiff any recovery in the action.

    5.  The other rights and remedies of a lien claimant, if any, are not prejudiced by an order of the court for dismissal pursuant to subsection 4.

    Sec. 15.  1.  The judgment, if any, obtained by a plaintiff in a personal action against a processor to obtain payment for farm products does not impair or merge the lien rights or claims that are held by a plaintiff.

    2.  Any money collected from a personal judgment must be credited against the amount of the lien or claim in an action that is brought to enforce the lien or claim.

    Sec. 16.  1.  The plaintiff in an action that is commenced to foreclose a lien provided for in section 8 of this act may obtain a preliminary injunction against the processor to restrain the processor from removing a processed farm product in his possession or under his control and upon which valid liens exist beyond the jurisdiction of the court to the injury of the plaintiff.


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ê2001 Statutes of Nevada, Page 1232 (Chapter 270, SB 88)ê

 

    2.  A presumption of irreparable harm to a plaintiff producer arises when a processor removes or prepares to remove a farm product or processed farm product in his possession or under his control and upon which valid liens exist beyond the jurisdiction of the court.

    Sec. 17.  1.  All actions commenced by a producer or producers against a processor for the foreclosure of liens or other security provided for in sections 2 to 17, inclusive, of this act may be consolidated by the court and all persons that are necessary to a determination of the action may be made parties to the action.

    2.  All claims in an action in relation to an obligation of a processor for payment secured by a lien pursuant to section 8 of this act must have equal standing and, if applicable, be paid proportionately to the claim of each claimant.

    3.  A judgment in favor of a plaintiff producer to foreclose a lien must state the exact amount due on the judgment from the defendant processor.

    4.  If in a court proceeding to foreclose a lien, the court finds that there is no cash, bond, deposit or other security for the payment of the claims of producers, the judgment of foreclosure must be against a sufficient quantity in value of farm products or processed farm products in the possession or under the control of the defendant processor as may be necessary to satisfy the claim or judgment.

________

 

CHAPTER 271, SB 119

Senate Bill No. 119–Senator Shaffer

 

CHAPTER 271

 

AN ACT relating to taxicabs; requiring the taxicab authority to establish a program for the transportation by taxicab of elderly persons and permanently handicapped persons in certain counties; and providing other matters properly relating thereto.

 

[Approved: May 31, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 706 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The taxicab authority shall adopt regulations establishing a program for the transportation by taxicab of elderly persons and permanently handicapped persons.

    2.  The program must require the administrator to establish, maintain and make known a telephone number for elderly persons and permanently handicapped persons to register complaints regarding transportation by taxicab.

    3.  The program must require a certificate holder to inform a person who requests transportation by taxicab within the area allocated to the certificate holder and who identifies himself as an elderly person or a permanently handicapped person of the:

    (a) Estimated time of arrival of the requested taxicab; and

    (b) Telephone number maintained by the administrator pursuant to subsection 2.


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ê2001 Statutes of Nevada, Page 1233 (Chapter 271, SB 119)ê

 

    Sec. 2.  NRS 706.881 is hereby amended to read as follows:

    706.881  1.  The provisions of NRS 706.8811 to 706.885, inclusive, and section 1 of this act apply to any county:

    (a) Whose population is 400,000 or more; or

    (b) For whom regulation by the taxicab authority is not required , if [its] the board of county commissioners of the county has enacted an ordinance approving the inclusion of the county within the jurisdiction of the taxicab authority.

    2.  Upon receipt of a certified copy of such an ordinance from a county for whom regulation by the taxicab authority is not required, the taxicab authority shall exercise its regulatory authority pursuant to NRS 706.8811 to 706.885, inclusive, within that county.

    3.  Within any such county, the provisions of this chapter which confer regulatory authority over taxicab motor carriers upon the transportation services authority do not apply.

    Sec. 3.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 272, SB 424

Senate Bill No. 424–Senator Titus

 

CHAPTER 272

 

AN ACT relating to sanitation; providing that a solid waste management authority may authorize a nonprofit organization to engage in certain activities pertaining to the cleaning up of dump sites and the education of persons regarding unlawful dumping; authorizing the solid waste management authorities of certain larger counties to establish a program for the control of unlawful dumping; authorizing such a solid waste management authority to delegate certain matters of enforcement to an independent hearing officer or hearing board; authorizing a district health officer to exercise subpoena powers with respect to the unlawful disposal of sewage and solid waste; providing certain civil and other penalties; and providing other matters properly relating thereto.

 

[Approved: May 31, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 444 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

    Sec. 2.  As used in this section, NRS 444.630 to 444.645, inclusive, and sections 3 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

    Sec. 3.  “Dump site” means a location at which solid waste is disposed of unlawfully.

    Sec. 4.  “Solid waste” has the meaning ascribed to it in NRS 444.490.

    Sec. 5.  “Solid waste management authority” has the meaning ascribed to it in NRS 444.495.

    Sec. 6.  1.  The solid waste management authority in each county whose population is 400,000 or more may establish a program for the control of unlawful dumping and administer the program within its jurisdiction unless superseded.


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ê2001 Statutes of Nevada, Page 1234 (Chapter 272, SB 424)ê

 

    2.  The program established pursuant to subsection 1 must:

    (a) Include standards and procedures for the control of unlawful dumping which are equivalent to or stricter than those established by statute or state regulation; and

    (b) Provide for adequate administration and enforcement.

    3.  In a county whose population is 400,000 or more, the solid waste management authority may delegate to an independent hearing officer or hearing board the authority to determine violations and levy administrative penalties for violations of the provisions of NRS 444.440 to 444.620, inclusive, and 444.630 to 444.645, inclusive, and sections 2 to 8, inclusive, of this act, or any regulation adopted pursuant to those sections.

    Sec. 7.  A solid waste management authority may authorize a nonprofit organization to:

    1.  Organize the cleaning up of dump sites;

    2.  Provide educational materials and programs regarding unlawful dumping; and

    3.  Operate and pay the costs of programs of community service relating to the cleaning up of dump sites.

    Sec. 8.  1.  In carrying out the provisions of NRS 444.630 to 444.645, inclusive, and sections 2 to 8, inclusive, of this act, a district health officer may by subpoena require the attendance and testimony of witnesses and the production of reports, papers, documents and other evidence which they deem necessary.

    2.  If any person to whom a subpoena has been directed pursuant to subsection 1 refuses to attend, testify or produce any evidence specified in the subpoena, the person who issued the subpoena may present a petition, to a court of competent jurisdiction where the person to whom the subpoena was directed is subject to service of process, setting forth that:

    (a) Notice has been given of the time and place at which the person was required to attend, testify or produce evidence;

    (b) A subpoena has been mailed to or personally served on the witness or custodian of the evidence in sufficient time to enable him to comply with its provisions; and

    (c) The person has failed or refused to attend, answer questions or produce evidence specified in the subpoena,

and asking that the court issue an order compelling the person to attend and to testify or produce the evidence specified in the subpoena.

    3.  When a court receives a petition pursuant to subsection 2, it shall order the person to whom the subpoena was directed to appear at a time and place fixed by the court in its order, which must be not more than 10 days after the date of the order, and show cause why he should not be held in contempt. A certified copy of the order must be mailed to or personally served on the person to whom the subpoena was directed.

    4.  If it appears to the court that the subpoena was properly issued and that the person’s failure or refusal to appear, answer questions or produce evidence was without sufficient reason, the court shall order the person to appear at a time and place fixed by the court and to testify or produce the specified evidence. If the person fails to comply with the order of the court, he may be punished as for a contempt of court.

    Sec. 9.  NRS 444.610 is hereby amended to read as follows:

    444.610  1.  Any person who violates any regulation adopted by the state environmental commission or any ordinance or resolution adopted by the governing body of a municipality or district board of health is guilty of a misdemeanor.


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ê2001 Statutes of Nevada, Page 1235 (Chapter 272, SB 424)ê

 

the governing body of a municipality or district board of health is guilty of a misdemeanor.

    2.  Each day or part of a day during which such violation is continued or repeated constitutes a separate offense.

    3.  Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive:

    (a) A person convicted of violating subsection 1 is, in addition to any criminal penalty imposed, liable for a civil penalty upon each such conviction; and

    (b) A court, before whom a defendant is convicted of a violation of subsection 1, shall for each violation order the defendant to pay a civil penalty which is at least $500 but not more than $5,000.

    Sec. 10.  NRS 444.630 is hereby amended to read as follows:

    444.630  1.  [As used in this section, “garbage” includes swill, refuse, cans, bottles, paper, vegetable matter, carcass of any dead animal, offal from any slaughter pen or butcher shop, trash or rubbish.

    2. Every] A person who [willfully] places, deposits or dumps, or who causes to be placed, deposited or dumped, or who causes or allows to overflow, any sewage, sludge, cesspool or septic tank effluent, or accumulation of human excreta, or any [garbage,] solid waste, in or upon any street, alley, public highway or road in common use, or upon any public park or other public property other than property designated or set aside for such a purpose by the governing body having charge thereof, or upon any private property , [into or upon which the public is admitted by easement, license or otherwise,] is guilty of :

    (a) For a first offense within the immediately preceding 2 years, a misdemeanor . [and, if the convicted person agrees, he shall be sentenced to]

    (b) For a second offense within the immediately preceding 2 years, a gross misdemeanor and shall be punished by imprisonment in the county jail for not fewer than 14 days but not more than 1 year.

    (c) For a third or subsequent offense within the immediately preceding 2 years, a gross misdemeanor and shall be punished by imprisonment in the county jail for 1 year.

    2.  In addition to any criminal penalty imposed pursuant to subsection 1, any civil penalty imposed pursuant to NRS 444.635 and any administrative penalty imposed pursuant to section 6 of this act, a court shall sentence a person convicted of violating subsection 1:

    (a) If the person is a natural person, to clean up the dump site and perform 10 hours of work for the benefit of the community under the conditions prescribed in NRS 176.087.

    (b) If the person is a business entity:

         (1) For a first or second offense within the immediately preceding 2 years, to:

             (I) Clean up the dump site; and

             (II) Perform 40 hours of community service cleaning up other dump sites identified by the solid waste management authority.

         (2) For a third or subsequent offense within the immediately preceding 2 years, to:

             (I) Clean up the dump site; and

             (II) Perform 200 hours of community service cleaning up other dump sites identified by the solid waste management authority.


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ê2001 Statutes of Nevada, Page 1236 (Chapter 272, SB 424)ê

 

    3.  If a person is sentenced to clean up a dump site pursuant to subsection 2, the person shall:

    (a) Within 3 calendar days after sentencing, commence cleaning up the dump site; and

    (b) Within 5 business days after cleaning up the dump site, provide to the solid waste management authority proof of the lawful disposal of the sewage, solid waste or other matter that the person was convicted of disposing of unlawfully.

The solid waste management authority shall prescribe the forms of proof which may be provided to satisfy the provisions of paragraph (b).

    4.  In addition to any other penalty prescribed by law, if a business entity is convicted of violating subsection 1:

    (a) Such violation constitutes reasonable grounds for the revocation of any license to engage in business that has been issued to the business entity by any governmental entity of this state; and

    (b) The solid waste management authority may seek the revocation of such a license by way of any applicable procedures established by the governmental entity that issued the license.

    5.  Except as otherwise provided in NRS 444.585, ownership of [garbage] solid waste does not transfer from the person who originally possessed it until it is received for transport by a person authorized to dispose of solid waste pursuant to this chapter or until it is disposed of at a municipal disposal site. Identification of the owner of any [garbage] solid waste which is disposed of in violation of subsection [2] 1 creates a reasonable inference that the owner is the person who disposed of the [garbage.] solid waste. The fact that the disposal of the [garbage] solid waste was not witnessed does not, in and of itself, preclude the identification of its owner.

    [4.] 6.  All:

    (a) Health officers and their deputies;

    (b) Game wardens;

    (c) Police officers of cities and towns;

    (d) Sheriffs and their deputies;

    (e) Other peace officers of the State of Nevada; and

    (f) Other persons who are specifically designated by the local government to do so,

shall, within their respective jurisdictions, enforce the provisions of this section.

    [5.] 7.  A district health officer or his deputy or other person specifically designated by the local government to do so may issue a citation for any violation of this section which occurs within his jurisdiction.

    [6.] 8.  To effectuate the purposes of this section, the persons charged with enforcing this section may request information from any:

    (a) Agency of the state or its political subdivisions.

    (b) Employer, public or private.

    (c) Employee organization or trust of any kind.

    (d) Financial institution or other entity which is in the business of providing credit reports.

    (e) Public utility.

Each of these persons and entities, their officers and employees, shall cooperate by providing any information in their possession which may aid in the location and identification of a person believed to be in violation of subsection [2.] 1. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages for the disclosure.


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ê2001 Statutes of Nevada, Page 1237 (Chapter 272, SB 424)ê

 

subsection [2.] 1. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages for the disclosure.

    Sec. 11.  NRS 444.635 is hereby amended to read as follows:

    444.635  1.  Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a person convicted of violating NRS 444.555 and, in addition to the penalty imposed [in] pursuant to NRS 444.583 or 444.630, any person convicted of violating NRS 444.583 or 444.630 is liable for a civil penalty [,] upon each such conviction.

    2.  Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a court before whom a defendant is convicted of a violation of the provisions of NRS 444.555, 444.583 or 444.630, shall order the defendant [to pay a civil penalty which is at least $250 but not more than $2,000.] :

    (a) For a first offense, to pay a civil penalty which is at least $500 but not more than $5,000.

    (b) For a second offense, to pay a civil penalty which is at least $1,000 but not more than $5,500.

    (c) For a third offense, to pay a civil penalty which is at least $1,500 but not more than $6,000.

    (d) For any subsequent offense, to pay a civil penalty which is at least $500 more than the most recent previous civil penalty that the defendant was ordered to pay pursuant to this paragraph.

    3.  If so provided by the court, [the] a penalty imposed pursuant to this section may be paid in installments.

    [3.  The health authority or division of environmental protection of the state department of conservation and natural resources]

    4.  The solid waste management authority may attempt to collect all such penalties and installments which are in default in any manner provided by law for the enforcement of a judgment.

    [4.] 5.  Each court which receives money [under] pursuant to the provisions of this section shall forthwith remit the money to the division of environmental protection of the state department of conservation and natural resources or, if the health authority initiated the action, the district health department which shall deposit the money with the state treasurer for credit in a separate account in the state general fund or with the county treasurer for deposit in an account for the district health department, as the case may be. Money so deposited must be [used] :

    (a) Used only to pay [rewards] :

         (1) Rewards pursuant to NRS 444.640 [or for] ;

         (2) For education regarding the unlawful disposal of solid waste;

         (3) For the cleaning up of dump sites; and

         (4) For the management of solid waste ; and [paid]

    (b) Paid as other claims against the state or local governments are paid.

    Sec. 12.  NRS 444.640 is hereby amended to read as follows:

    444.640  1.  The [division of environmental protection of the state department of conservation and natural resources or the district health department] solid waste management authority shall offer a reward [, in an amount equal to 50 percent of the civil penalty imposed pursuant to NRS 444.635,] of $100 for information leading to the arrest and conviction of any person violating NRS 444.555 or 444.630. The reward must be paid upon his conviction and the payment in full of the penalty. The reward must be distributed equally among the persons who supplied the information which led to the arrest and conviction.


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ê2001 Statutes of Nevada, Page 1238 (Chapter 272, SB 424)ê

 

    2.  The state environmental commission or district board of health may adopt regulations necessary to carry out the provisions of this section.

    Sec. 13.  The amendatory provisions of this act do not apply to offenses committed before October 1, 2001.

________

 

CHAPTER 273, SB 26

Senate Bill No. 26–Senator O’Donnell

 

CHAPTER 273

 

AN ACT relating to aviation; creating the fund for aviation; providing for the administration and expenditure of the money in the fund for certain purposes relating to airports, landing areas and air navigation facilities that are owned or controlled by certain counties, cities or other local governments; and providing other matters properly relating thereto.

 

[Approved: May 31, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 494 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The fund for aviation is hereby created as a trust fund in the state treasury. The director:

    (a) Shall administer the fund; and

    (b) May apply for and accept any gift, bequest, grant, appropriation or donation from any source for deposit in the fund.

    2.  Any money received by the director pursuant to the provisions of subsection 1 must be deposited in the fund. The money in the fund may be invested as the money in other state funds is invested. After deducting any applicable charges, all interest and income earned on the money in the fund must be credited to the fund. The money in the fund may be expended only in accordance with the terms and conditions of any gift, bequest, grant, appropriation or donation to the fund or in the manner provided in subsection 3. Not more than 1 percent of the money in the fund may be used to pay the costs of administering the fund.

    3.  Except as otherwise provided in this section, the director may:

    (a) Expend money in the fund to award grants to a county, city or other local government in this state for obtaining matching money for federal programs and any other programs relating to airports or for the planning, establishment, development, construction, enlargement, improvement or maintenance of any airport, landing area or air navigation facility owned or controlled by the county, city or other local government; and

    (b) Adopt regulations to carry out the provisions of paragraph (a).

    4.  The director shall:

    (a) In adopting regulations pursuant to subsection 3, determine the order of priority for the expenditures from the fund by considering, without limitation, the following factors:

         (1) The purpose of the project;

         (2) The costs and benefits of the project; and

         (3) The effect of the project on the environment, safety, security, infrastructure and capacity of the airport; and


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    (b) Before awarding a grant or adopting a regulation pursuant to subsection 3, consult with the Nevada Aviation Technical Advisory Committee and any person who represents an airport in this state used by the general public.

    5.  Any money received by a county, city or other local government pursuant to the provisions of this section must be accounted for separately by the county, city or other local government and may be used only for the purpose for which the money was received by the county, city or other local government.

    6.  The provisions of this section do not apply to an airport, landing area or air navigation facility that is owned or controlled by the Airport Authority of Washoe County or a county whose population is 400,000 or more.

    7.  As used in this section, “director” means the director of the department of transportation.

    Sec. 2.  NRS 365.545 is hereby amended to read as follows:

    365.545  1.  The proceeds of all taxes on fuel for jet or turbine-powered aircraft imposed pursuant to the provisions of NRS 365.170 or 365.203 must be deposited in the account for taxes on fuel for jet or turbine-powered aircraft in the state general fund and must be allocated monthly by the department to the governmental entity which owns the airport at which the tax was collected, or if the airport is privately owned, to the county in which the airport is located.

    2.  The money so received must be used by the governmental entity receiving it to pay the cost of:

    (a) Transportation projects related to airports, including access on the ground to airports;

    (b) Payment of principal and interest on notes, bonds or other obligations incurred to fund projects described in paragraph (a); [or]

    (c) Contributing money to the trust fund for aviation created by section 1 of this act; or

    (d) Any combination of those purposes.

    3.  Money so received may also be pledged for the payment of general or special obligations issued to fund projects described in paragraph (a) of subsection 2.

    4.  Any money pledged pursuant to the provisions of subsection 3 may be treated as pledged revenues of the project for the purposes of subsection 3 of NRS 350.020.

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CHAPTER 274, SB 48

Senate Bill No. 48–Committee on Judiciary

 

CHAPTER 274

 

AN ACT relating to technology; prohibiting various acts related to the Internet, networks, computers and electronic mail; prohibiting a person from committing certain acts that prevent, impede, delay or disrupt the normal operation or use of any Internet or network site, electronic mail address, computer, system or network; allowing victims of certain technological crimes to recover response costs in a civil action; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 31, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 205 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  1.  “Internet or network site” means any identifiable site on the Internet or on a network.

    2.  The term includes, without limitation:

    (a) A website or other similar site on the World Wide Web;

    (b) A site that is identifiable through a Uniform Resource Location;

    (c) A site on a network that is owned, operated, administered or controlled by a provider of Internet service;

    (d) An electronic bulletin board;

    (e) A list server;

    (f) A newsgroup; or

    (g) A chat room.

    Sec. 3.  1.  “Response costs” means any reasonable costs that arise in response to and as a proximate result of a crime described in NRS 205.473 to 205.513, inclusive, and sections 2 and 3 of this act.

    2.  The term includes, without limitation, any reasonable costs to:

    (a) Investigate the facts surrounding the crime;

    (b) Ascertain or calculate any past or future loss, injury or other damage;

    (c) Remedy, mitigate or prevent any past or future loss, injury or other damage; or

    (d) Test, examine, restore or verify the integrity of or the normal operation or use of any Internet or network site, electronic mail address, computer, system, network, component, device, equipment, data, information, image, program, signal or sound.

    Sec. 4.  NRS 205.473 is hereby amended to read as follows:

    205.473  As used in NRS 205.473 to 205.513, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 205.4732 to 205.476, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

    Sec. 5.  NRS 205.4765 is hereby amended to read as follows:

    205.4765  1.  Except as otherwise provided in subsection 6, a person who knowingly, willfully and without authorization:

    (a) Modifies;

    (b) Damages;

    (c) Destroys;


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    (d) Discloses;

    (e) Uses;

    (f) Transfers;

    (g) Conceals;

    (h) Takes;

    (i) Retains possession of;

    (j) Copies;

    (k) Obtains or attempts to obtain access to, permits access to or causes to be accessed; or

    (l) Enters,

data, a program or any supporting documents which exist inside or outside a computer, system or network is guilty of a misdemeanor.

    2.  Except as otherwise provided in subsection 6, a person who knowingly, willfully and without authorization:

    (a) Modifies;

    (b) Destroys;

    (c) Uses;

    (d) Takes;

    (e) Damages;

    (f) Transfers;

    (g) Conceals;

    (h) Copies;

    (i) Retains possession of; or

    (j) Obtains or attempts to obtain access to, permits access to or causes to be accessed,

equipment or supplies that are used or intended to be used in a computer, system or network is guilty of a misdemeanor.

    3.  Except as otherwise provided in subsection 6, a person who knowingly, willfully and without authorization:

    (a) Destroys;

    (b) Damages;

    (c) Takes;

    (d) Alters;

    (e) Transfers;

    (f) Discloses;

    (g) Conceals;

    (h) Copies;

    (i) Uses;

    (j) Retains possession of; or

    (k) Obtains or attempts to obtain access to, permits access to or causes to be accessed,

a computer, system or network is guilty of a misdemeanor.

    4.  Except as otherwise provided in subsection 6, a person who knowingly, willfully and without authorization:

    (a) Obtains and discloses;

    (b) Publishes;

    (c) Transfers; or

    (d) Uses,

a device used to access a computer, network or data is guilty of a misdemeanor.

    5.  Except as otherwise provided in subsection 6, a person who knowingly, willfully and without authorization introduces, causes to be introduced or attempts to introduce a computer contaminant into a computer, system or network is guilty of a misdemeanor.


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introduced or attempts to introduce a computer contaminant into a computer, system or network is guilty of a misdemeanor.

    6.  If the violation of any provision of this section:

    (a) Was committed to devise or execute a scheme to defraud or illegally obtain property;

    (b) Caused response costs, loss, injury or other damage in excess of $500; or

    (c) Caused an interruption or impairment of a public service, including, without limitation, a governmental operation, a system of public communication or transportation or a supply of water, gas or electricity,

the person is guilty of a category C felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $100,000. In addition to any other penalty, the court shall order the person to pay restitution.

    Sec. 6.  NRS 205.477 is hereby amended to read as follows:

    205.477  1.  Except as otherwise provided in subsections 3 and 4, a person who knowingly, willfully and without authorization interferes with, denies or causes the denial of access to or use of a computer, system or network to a person who has the duty and right to use it is guilty of a misdemeanor.

    2.  Except as otherwise provided in subsections 3 and 4, a person who knowingly, willfully and without authorization uses, causes the use of, accesses, attempts to gain access to or causes access to be gained to a computer, system, network, telecommunications device, telecommunications service or information service is guilty of a misdemeanor.

    3.  If the violation of [subsection 1 or 2 was] any provision of this section:

    (a) Was committed to devise or execute a scheme to defraud or illegally obtain property [,] ;

    (b) Caused response costs, loss, injury or other damage in excess of $500; or

    (c) Caused an interruption or impairment of a public service, including, without limitation, a governmental operation, a system of public communication or transportation or a supply of water, gas or electricity,

the person is guilty of a category C felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $100,000. In addition to any other penalty, the court shall order the person to pay restitution.

    4.  It is an affirmative defense to a charge made pursuant to this section that at the time of the alleged offense the defendant reasonably believed that:

    (a) He was authorized to use or access the computer, system, network, telecommunications device, telecommunications service or information service and such use or access by the defendant was within the scope of that authorization; or

    (b) The owner or other person authorized to give consent would authorize the defendant to use or access the computer, system, network, telecommunications device, telecommunications service or information service.

    5.  A defendant who intends to offer an affirmative defense described in subsection 4 at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.


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before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

    Sec. 7.  NRS 205.492 is hereby amended to read as follows:

    205.492  1.  A person shall not willfully falsify or forge any data, information, image, program, signal or sound that:

    (a) Is contained in the header, subject line or routing instructions of an item of electronic mail; or

    (b) Describes or identifies the sender, source, point of origin or path of transmission of an item of electronic mail,

with the intent to transmit or cause to be transmitted the item of electronic mail to any Internet or network site or to the electronic mail address of one or more recipients without their knowledge of or consent to the transmission.

    2.  Except as otherwise provided in subsection [5,] 7, a person shall not willfully transmit or cause to be transmitted an item of electronic mail to any Internet or network site or to the electronic mail address of one or more recipients without their knowledge of or consent to the transmission if the person knows or has reason to know that the item of electronic mail contains or has been generated or formatted with:

    (a) An Internet domain name that is being used without the consent of the person who holds the Internet domain name; or

    (b) Any data, information, image, program, signal or sound that has been used intentionally in the header, subject line or routing instructions of the item of electronic mail to falsify or misrepresent:

         (1) The identity of the sender; or

         (2) The source, point of origin or path of transmission of the item of electronic mail.

    3.  A person shall not knowingly sell, give or otherwise distribute or possess with the intent to sell, give or otherwise distribute any data, information, image, program, signal or sound which is designed or intended to be used to falsify or forge any data, information, image, program, signal or sound that:

    (a) Is contained in the header, subject line or routing instructions of an item of electronic mail; or

    (b) Describes or identifies the sender, source, point of origin or path of transmission of an item of electronic mail.

    4.  [A] Except as otherwise provided in subsection 7, a person shall not willfully and without authorization transmit or cause to be transmitted an item of electronic mail or any other data, information, image, program, signal or sound to any Internet or network site, to the electronic mail address of one or more recipients or to any other computer, system or network:

    (a) With the intent to prevent, impede, delay or disrupt the normal operation or use of the Internet or network site, electronic mail address, computer, system or network, whether or not such a result actually occurs; or

    (b) Under circumstances in which such conduct is reasonably likely to prevent, impede, delay or disrupt the normal operation or use of the Internet or network site, electronic mail address, computer, system or network, whether or not such a result actually occurs.

    5.  Except as otherwise provided in subsection 6, a person who violates any provision of this section is guilty of a misdemeanor.

    [5.] 6.  If the violation of any provision of subsection 4:


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    (a) Was committed to devise or execute a scheme to defraud or illegally obtain property;

    (b) Caused response costs, loss, injury or other damage in excess of $500; or

    (c) Caused an interruption or impairment of a public service, including, without limitation, a governmental operation, a system of public communication or transportation or a supply of water, gas or electricity,

the person is guilty of a category C felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $100,000. In addition to any other penalty, the court shall order the person to pay restitution.

    7.  The provisions of [subsection] subsections 2 and 4 do not apply to a provider of Internet service who, in the course of providing service, transmits or causes to be transmitted an item of electronic mail on behalf of another person, unless the provider of Internet service is the person who first generates the item of electronic mail.

    8.  As used in this section, “item of electronic mail” includes, without limitation:

    (a) A single item of electronic mail;

    (b) Multiple copies of one or more items of electronic mail;

    (c) A collection, group or bulk aggregation of one or more items of electronic mail;

    (d) A constant, continual or recurring pattern or series of one or more items of electronic mail; or

    (e) Any other data, information, image, program, signal or sound that is included or embedded in or attached or connected to one or more items of electronic mail.

    Sec. 8.  NRS 205.511 is hereby amended to read as follows:

    205.511  1.  Any victim of a crime described in NRS 205.473 to 205.513, inclusive, and sections 2 and 3 of this act may bring a civil action to recover:

    (a) Damages for any response costs, loss or injury suffered as a result of the crime;

    (b) Punitive damages; and

    (c) Costs and reasonable attorney’s fees incurred in bringing the civil action.

    2.  A victim of a crime described in NRS 205.473 to 205.513, inclusive, and sections 2 and 3 of this act may bring a civil action pursuant to this section whether or not the person who committed the crime is or has been charged with or convicted or acquitted of the crime or any other offense arising out of the facts surrounding the crime.

    3.  The provisions of this section do not abrogate or limit the right of a victim of a crime described in NRS 205.473 to 205.513, inclusive, and sections 2 and 3 of this act to bring a civil action pursuant to any other statute or the common law.

    Sec. 9.  NRS 205.513 is hereby amended to read as follows:

    205.513  1.  If it appears that a person has engaged in or is about to engage in any act or practice which violates any provision of NRS 205.473 to 205.513, inclusive, and sections 2 and 3 of this act, the attorney general or the appropriate district attorney may file an action in any court of competent jurisdiction to prevent the occurrence or continuance of that act or practice.


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competent jurisdiction to prevent the occurrence or continuance of that act or practice.

    2.  An injunction:

    (a) May be issued without proof of actual damage sustained by any person.

    (b) Does not preclude the criminal prosecution and punishment of a violator.

    Sec. 10.  The amendatory provisions of sections 5, 6 and 7 of this act do not apply to offenses committed before October 1, 2001.

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CHAPTER 275, SB 163

Senate Bill No. 163–Committee on Government Affairs

 

CHAPTER 275

 

AN ACT relating to local governments; requiring a city or county to establish requirements for certifying and for continuing education for building officials and certain persons who conduct inspections of or review plans prepared for structures or buildings under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 31, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  “Building official” means a person employed by a city or county who is charged with the administration and enforcement of building codes. The term includes a person appointed to fill the position of building official pursuant to NRS 278.570 and an administrative official of the city or county who is authorized by the city or county to assume the functions of the position of building official pursuant to NRS 278.570.

    Sec. 3.  1.  Except as otherwise provided in subsection 2, in a county whose population is 100,000 or more, or in any city located within such a county, if the city or county provides for the inspection of structures and the enforcement of building codes pursuant to NRS 278.570, 278.573 and 278.575, the city or county shall:

    (a) Prepare a list of national and international organizations which certify persons who inspect a structure or a portion of a structure and which are approved by the city or county, as appropriate, for certifying persons pursuant to this subsection;

    (b) Require a person who fills the position of building official, reviews plans or inspects a structure or building or a portion of a structure or building pursuant to NRS 278.570 or 278.575 to be certified by an organization included on the list prepared pursuant to paragraph (a);

    (c) Establish requirements for continuing education for a person who is required to be certified pursuant to this subsection; and

    (d) Prohibit a person who is not certified or does not fulfill the requirements for continuing education pursuant to this subsection from filling the position of building official, reviewing plans or inspecting a structure or building or a portion of a structure or building pursuant to NRS 278.570 or 278.575.


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    2.  A city or county specified in subsection 1 may authorize an employee of the city or county to perform duties for which certification is required pursuant to that subsection if those duties are performed under the supervision of a person who is certified by an organization that is included on the list prepared by the city or county pursuant to paragraph (a) of that subsection. The city or county may authorize an employee to perform duties pursuant to this subsection for not more than 1 year.

    3.  The requirements for continuing education established pursuant to paragraph (c) of subsection 1 must:

    (a) Include the completion of at least 45 hours of continuing education every 3 years; and

    (b) Specify the manner in which a person may complete those hours.

    4.  In a county whose population is less than 100,000, or in any city located within such a county, if the city or county provides for the inspection of structures and the enforcement of building codes pursuant to NRS 278.570, 278.573 and 278.575, the city or county shall, by resolution, establish the requirements for certifying and for continuing education for a person who, on a full-time basis, fills the position of building official, reviews plans or inspects a structure or building or a portion of a structure or building pursuant to NRS 278.570 or 278.575.

    Sec. 4.  NRS 278.010 is hereby amended to read as follows:

    278.010  As used in NRS 278.010 to 278.630, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0105 to 278.0195, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

    Sec. 5.  NRS 278.564 is hereby amended to read as follows:

    278.564  1.  Any deed restrictions in the unincorporated area of a county whose population is 100,000 or more but less than 400,000, recorded after July 1, 1973, may provide for the establishment and operation, under appropriate rules and procedure, of a construction committee.

    2.  As soon as a construction committee has been established and organized pursuant to the provisions of subsection 1, and no later than January 1 of each year thereafter, the officers of the committee shall file an affidavit with the building [inspector] official having jurisdiction over the area within which the subdivision is situated, identifying the committee as the constituted construction committee empowered pursuant to recorded deed restrictions to determine compliance with those restrictions on lots in the subdivision. The affidavit must also set forth the names of the officers of the committee, including the address of a particular officer designated as the authorized representative of the committee for the purposes of NRS 278.563 to 278.568, inclusive.

    Sec. 6.  NRS 278.565 is hereby amended to read as follows:

    278.565  1.  A copy of deed restrictions proposed for a subdivision in a county whose population is 100,000 or more but less than 400,000 must be filed with the planning commission or governing body with the tentative map.

    2.  Upon final approval of the subdivision, a copy of the restrictions must be:

    (a) Filed with the building [inspector] official having jurisdiction over the area within which the subdivision is situated.

    (b) Presented to each prospective purchaser of real property within the subdivision.


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    3.  The original copy of the restrictions may be recorded with the county recorder immediately following the recording of the final map.

    Sec. 7.  NRS 278.566 is hereby amended to read as follows:

    278.566  1.  Except as provided in subsection 3, the building [inspector] official in a county whose population is 100,000 or more but less than 400,000, shall not issue any building permit for the construction, reconstruction, alteration or use of any building or other structure on a lot subject to deed restrictions unless he has received a written report thereon from the construction committee.

    2.  An application for a written report must be made by certified mail addressed to the authorized representative of the construction committee. If the construction committee fails or refuses to submit its written report to the building [inspector] official within 20 days from the date of its receipt of a written request therefor, the building [inspector] official must proceed as provided by law in cases where there is no functioning construction committee.

    3.  This section does not apply if the cost of the construction, reconstruction, alteration or use specified in subsection 1 is $500 or less.

    Sec. 8.  NRS 278.567 is hereby amended to read as follows:

    278.567  If the construction committee required by NRS 278.564 fails to be organized, is dissolved or becomes inactive:

    1.  The building [inspector] official may issue an otherwise proper building permit for an improvement on property subject to deed restrictions.

    2.  An owner or owners of real property within a subdivision may lawfully undertake to prevent, or seek damages by reason of, a violation of deed restrictions pertaining to such subdivision.

    Sec. 9.  NRS 278.570 is hereby amended to read as follows:

    278.570  1.  The governing body of any city or county may provide for the inspection of structures and the enforcement of the zoning regulations and building codes by means of the withholding of building permits. For [such] the purpose of the inspection of structures and the enforcement of building codes by means of the withholding of building permits, the governing body may establish and fill a position of city or county building [inspector,] official, and may fix the compensation attached to the position, or may authorize an administrative official of the city or county to assume the functions of the position in addition to his customary functions. A building official must comply with the requirements for certification and continuing education established pursuant to section 3 of this act.

    2.  The building [inspector] official may appoint such employees as he may deem necessary for the fulfillment of the duties of his position. The appointment, promotion, demotion and removal of such employees shall be subject to the same provisions of law as govern other corresponding civil employees in the city or county. Except as otherwise provided in section 3 of this act, any employee appointed pursuant to this subsection whose duties include the reviewing of plans or the inspection of any portion of a structure must comply with the requirements for certification and continuing education established pursuant to that section.

    3.  The expenditures of the building [inspector] official shall be within the amounts appropriated for the purpose by the governing body which may provide the funds, equipment and accommodations necessary for the building [inspector’s] official’s work.


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    Sec. 10.  NRS 278.573 is hereby amended to read as follows:

    278.573  1.  A building [inspector] official who issues a permit to the owner of a residence to construct, alter, repair, add to, subtract from, improve, move, wreck or demolish the residence shall, at the same time, deliver to him a statement. The owner of the residence shall acknowledge in writing receipt of the statement.

    2.  The statement delivered by the building [inspector] official must include the following text:

    State law requires construction to be done by licensed contractors. You have applied for a permit under an exemption to that law. The exemption allows you, as the owner of your property, to act as your own contractor with certain restrictions although you do not have a license.

    You must directly supervise the construction, on the job, yourself. The building or residence must be for your own use or occupancy. It may not be built or substantially improved for sale or lease. If you sell or lease a building you have built or substantially improved yourself within 1 year after the construction is complete, it is presumed that you built or substantially improved it for sale or lease, which is a violation of this exemption and a violation of chapter 624 of NRS.

    You may not hire an unlicensed person to act as your contractor or to supervise people working on your building. It is your responsibility to make sure that people employed by you have the licenses required by state law and by county or municipal licensing ordinances. You may not delegate the responsibility for supervising work to a contractor unless he is licensed to perform the work being done. Any person working on your building who is not licensed must work under your direct supervision and must be employed by you, which means that you must deduct FICA and withholding tax and provide industrial insurance and pay the required contribution for unemployment compensation for that employee, and comply with other state and federal laws relating to employment. Your construction must comply with all applicable laws, ordinances, building codes and zoning regulations.

    Sec. 11.  NRS 278.575 is hereby amended to read as follows:

    278.575  The governing body of a city or county which, pursuant to NRS 278.570, appoints a building [inspector or authorizes an administrative official of the city or county to assume the functions of that position,] official may establish a program to allow independent contractors who comply with the requirements for certification and continuing education established pursuant to section 3 of this act to review plans for and inspect buildings on behalf of [that building inspector or administrative] the building official.

    Sec. 12.  NRS 278.587 is hereby amended to read as follows:

    278.587  A city or county building [department] official shall notify the state board of professional engineers and land surveyors in writing if a licensed professional engineer or land surveyor:

    1.  Submits plans that are substantially incomplete; or

    2.  Submits plans for the same project that are rejected by the department at least three times.

    Sec. 13.  NRS 278.589 is hereby amended to read as follows:

    278.589  A city or county building [inspector, or other officer performing the functions of that position,] official shall notify the state board of architecture, interior design and residential design in writing if a registered architect, interior designer or residential designer:


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architecture, interior design and residential design in writing if a registered architect, interior designer or residential designer:

    1.  Submits plans for a project which are substantially incomplete; or

    2.  Submits plans for the same project which are rejected by the city or county [officer] building official at least three times.

    Sec. 14.  NRS 278.610 is hereby amended to read as follows:

    278.610  1.  After [the establishment of the position of building inspector and the filling of the position as provided in] a building official is appointed pursuant to NRS 278.570, it is unlawful to erect, construct, reconstruct, alter or change the use of any building or other structure within the territory covered by the building code or zoning regulations without obtaining a building permit from the building [inspector.] official.

    2.  The building [inspector] official shall not issue any permit unless the plans of and for the proposed erection, construction, reconstruction, alteration or use fully:

    (a) Conform to all building code and zoning regulations then in effect.

    (b) If applicable, comply with the provisions of NRS 393.110.

    3.  A building [inspector] official shall not issue a building permit to a person acting for another unless the applicant proves to the satisfaction of the building [inspector] official that he is licensed as a contractor for that work pursuant to the provisions of chapter 624 of NRS.

    Sec. 15.  NRS 40.670 is hereby amended to read as follows:

    40.670  1.  A contractor who receives written notice of a constructional defect resulting from work performed by the contractor or his agent, employee or subcontractor which creates an imminent threat to the health or safety of the inhabitants of the residence shall take reasonable steps to cure the defect as soon as practicable. The contractor shall not cure the defect by making any repairs for which he is not licensed or by causing any repairs to be made by a person who is not licensed to make those repairs. If the contractor fails to cure the defect in a reasonable time, the owner of the residence may have the defect cured and may recover from the contractor the reasonable cost of the repairs plus reasonable attorney’s fees and costs in addition to any other damages recoverable under any other law.

    2.  A contractor who does not cure a defect pursuant to this section because he has determined, in good faith and after a reasonable inspection, that there is not an imminent threat to the health or safety of the inhabitants is not liable for attorney’s fees and costs pursuant to this section, except that if a building inspector , building official or other similar authority employed by a governmental body with jurisdiction certifies that there is an imminent threat to the health and safety of the inhabitants of the residence, the contractor is subject to the provisions of subsection 1.

    Sec. 16.  NRS 384.080 is hereby amended to read as follows:

    384.080  1.  The commission is vested with all of the functions and powers relating to the administration of NRS 384.010 to 384.210, inclusive.

    2.  It may, to the extent permitted by money appropriated or otherwise received therefor, employ such technical and clerical personnel, including a building inspector [,] or other similar authority, as may be necessary to the discharge of its duties, and fix their compensation.

    Sec. 17.  NRS 384.110 is hereby amended to read as follows:

    384.110  1.  No structure may be erected, reconstructed, altered, restored, moved or demolished within the historic district until after an application for a certificate of appropriateness as to exterior architectural features has been submitted to and approved by the commission.


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ê2001 Statutes of Nevada, Page 1250 (Chapter 275, SB 163)ê

 

features has been submitted to and approved by the commission. The application for a certificate of appropriateness shall be in such form and accompanied by such plans, specifications and other material as the commission may from time to time prescribe.

    2.  In its deliberations under the provisions of NRS 384.010 to 384.210, inclusive, the commission shall not consider interior arrangement or use, and shall take no action under NRS 384.010 to 384.210, inclusive, except for the purpose of preventing the erection, reconstruction, restoration, alteration, moving or razing of buildings in the district obviously incongruous with the historic aspects of the district.

    3.  [Nothing in] The provisions of NRS 384.010 to 384.210, inclusive, [prevents:] do not prevent:

    (a) The ordinary maintenance or repair of any exterior architectural feature in the historic district which does not involve a change of design or material or the outward appearance thereof;

    (b) The construction, reconstruction, alteration or demolition of any such feature which the building inspector or similar authority certifies is required by the public safety because of an unsafe or dangerous condition; or

    (c) The construction, reconstruction, alteration or demolition of any such feature under a permit issued by a building inspector or similar authority prior to the effective date of the establishment of such district.

    Sec. 18.  NRS 384.190 is hereby amended to read as follows:

    384.190  1.  The building inspector or similar authority employed by the commission may investigate, inspect and examine any structure, place or area in the district, either in connection with an application for a certificate of appropriateness, or at any time to determine whether it is in violation of any provision of NRS 384.010 to 384.210, inclusive, or any regulation or order adopted or issued under authority of NRS 384.010 to 384.210, inclusive.

    2.  Whenever any work is being done contrary to the provisions of NRS 384.010 to 384.210, inclusive, the building inspector or similar authority may order the work stopped by notice in writing served on any person engaged in the doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the commission to proceed with the work.

    Sec. 19.  NRS 405.040 is hereby amended to read as follows:

    405.040  1.  It shall be unlawful for any person, firm, association or corporation, personally or by agent, to erect, place or maintain any billboard, sign or any form of notice or advertising outside the city limits of any city or town:

    (a) On the public domain;

    (b) On land owned or leased by such advertiser or agent but not used as the site for manufacturing the goods or articles advertised; or

    (c) On the lands of another except where, by painting, an area of the barns or other outbuildings thereon may be preserved (for the purposes of this paragraph “area” is defined as the entire wall or roof aspect on which an advertisement may be painted),

without first having secured from the county building [inspector,] official, if one has been appointed pursuant to NRS 278.570, or if not, from the county clerk of the county in which the sign may be located a permit to erect, or continue the use of, such sign, billboard or other form of notice or advertisement.


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ê2001 Statutes of Nevada, Page 1251 (Chapter 275, SB 163)ê

 

    2.  No permit for the erection of such sign, billboard or other form of advertisement shall be issued unless and until the applicant shall have paid a fee in the sum of $5. On the tender of the fee the county building [inspector] official or county clerk shall issue the permit.

    3.  No fee shall be required for any billboard, sign or advertisement erected or placed by any farm bureau, chamber of commerce or lawful authority to advertise exclusively any city, town or geographic area, or public event.

    4.  This section shall not apply to the owner or occupant of any land outside the limits of any city, who may place or erect on the land or on the outbuildings thereon any sign or notice or advertisement intended to benefit the land or improvements thereon and advertise the business conducted in the buildings on the land.

    Sec. 20.  NRS 405.060 is hereby amended to read as follows:

    405.060  On granting a permit the county building [inspector] official or county clerk shall assign a permit number which shall be painted or printed, together with the name of the county in which the permit is issued, on every sign, billboard or other form of advertising, as the case may be, placed under NRS 405.020 to 405.100, inclusive.

    Sec. 21.  NRS 523.164 is hereby amended to read as follows:

    523.164  1.  The director shall adopt regulations for the conservation of energy in buildings, including manufactured homes, which establish the minimum standards for:

    (a) The construction of floors, walls, ceilings and roofs;

    (b) The equipment and systems for heating, ventilation and air-conditioning;

    (c) Electrical equipment and systems;

    (d) Insulation; and

    (e) Other factors which affect the use of energy in a building.

    2.  The director may exempt a building from a standard if he determines that application of the standard to the building would not accomplish the purpose of the regulations.

    3.  The regulations must authorize allowances in design and construction for solar, wind or any other renewable source of energy used to supply all or a part of the energy required in a building.

    4.  The standards adopted by the director are the minimum standards for the conservation of energy which apply only to areas in which the governing body of the local government has not adopted standards for the conservation of energy in buildings. Such governing bodies shall assist the director in the enforcement of the regulations adopted pursuant to this section.

    5.  The director shall solicit comments regarding the adoption of regulations pursuant to this section from:

    (a) Persons in the business of constructing and selling homes;

    (b) Contractors;

    (c) Public utilities;

    (d) Local building [inspectors;] officials; and

    (e) The general public,

before adopting any regulations. The director must conduct at least three hearings in different locations in the state, after giving 30 days’ notice of each hearing, before he may adopt any regulations pursuant to this section.


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ê2001 Statutes of Nevada, Page 1252 (Chapter 275, SB 163)ê

 

    Sec. 22.  NRS 618.425 is hereby amended to read as follows:

    618.425  1.  Any employee, representative of employees, provider of health care or governmental officer or employee whose primary duty is to ensure public safety, including a building inspector, building official or other similar authority, believing that a violation of a safety or health standard exists that threatens physical harm, or that an imminent danger exists, may request an investigation by giving notice, orally or in writing, to the administrator or his representative of the violation or danger.

    2.  The person giving the notice must state with reasonable particularity the grounds for the notice. The name of any employee giving a complaint notice or names of employees mentioned in the complaint must be held confidential. If the complaint is given orally, the division shall send to the complainant a form upon which he may supplement his oral complaint. His failure to return the form does not affect the division’s duty to act pursuant to this section.

    3.  If upon receipt of the notification the division determines that there are reasonable grounds to believe that a violation or imminent danger exists, it shall make a special investigation within 14 days unless there is a substantial probability that death or serious physical harm could result from the violation or danger, then the investigation must be made immediately after the administrator receives the notice to determine whether a violation or imminent danger exists. The division need not investigate a complaint within the times required by this subsection if, from the facts stated in the complaint, the administrator determines that the complaint is intended solely to harass the employer. If the division determines that there are no reasonable grounds to believe that a violation or imminent danger exists, it shall notify the employees or other person who gave the notice of such determination within 14 days after the administrator receives the notice.

    Sec. 23.  NRS 618.435 is hereby amended to read as follows:

    618.435  1.  Before or during any inspection of a workplace, any employee, representative of employees, provider of health care or governmental officer or employee whose primary duty is to ensure public safety, including a building inspector, building official or other similar authority, may notify the administrator or any representative of the administrator responsible for conducting the inspection, orally or in writing, of any violation of this chapter which they have reason to believe exists in the workplace. The division shall by regulation establish procedures for informal review of any refusal by a representative of the administrator to issue a citation with respect to any such alleged violation and shall furnish the employees or other persons requesting the review a written statement of the reasons for the administrator’s final disposition of the case within 14 days after the administrator receives the notice.

    2.  An opportunity must be afforded to a representative of the employer and an authorized representative of the employees to accompany the representative of the division during the physical inspection of the place of employment or, where there is no authorized representative of the employees, consultation must be had with a reasonable number of employees, but no more than one employee may accompany the division’s representative during the inspection.

    3.  Any employee of the employer who accompanies the representative of the division during the inspection pursuant to subsection 2 is entitled to be paid by the employer at his regular rate of pay for the time spent with the representative of the division inspecting the place of employment if he would have otherwise been compensated for working during that time.


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ê2001 Statutes of Nevada, Page 1253 (Chapter 275, SB 163)ê

 

representative of the division inspecting the place of employment if he would have otherwise been compensated for working during that time.

    4.  For the purposes of this section, “representative of an employee” means a person previously identified to the division as an authorized representative of the employee bargaining unit of a labor organization which has a collective bargaining relationship with the employer and represents the affected employees.

    Sec. 24.  NRS 645D.100 is hereby amended to read as follows:

    645D.100  The provisions of this chapter do not apply to:

    1.  A federal or state employee, or an employee of a local government, who prepares or communicates an inspection report as part of his official duties, unless a certificate is required as a condition of his employment.

    2.  A person appointed to evaluate real estate pursuant to chapter 152 of NRS or NRS 269.125, except as required by the appointing judge.

    3.  A board of appraisers acting pursuant to NRS 269.135.

    4.  A person licensed, certified or registered pursuant to chapter 645, 645C or 684A of NRS while he is performing an act within the scope of his license, certification or registration. For the purposes of this subsection, a person licensed, certified or registered pursuant to chapter 645C of NRS shall be deemed to be acting within the scope of his license, certification or registration while he is performing an appraisal prescribed by federal law that requires a statement of visual condition and while he is preparing or communicating a report of such an appraisal.

    5.  A person who makes an evaluation of an improvement as an incidental part of his employment for which special compensation is not provided, if that evaluation is only provided to his employer for internal use within the place of his employment.

    6.  A person who provides an estimate of cost, repair or replacement of any improvements upon real estate.

    7.  Any person who reviews plans, performs inspections, prepares inspection reports or examines any component of a structure or construction pursuant to NRS 278.570 or 278.575.

    Sec. 25.  Notwithstanding the amendatory provisions of this act, a city or county shall not require a person who is employed by the city or county before October 1, 2001, to comply with the requirements for certification and continuing education pursuant to the provisions of section 3 of this act before October 1, 2007.

________

 


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ê2001 Statutes of Nevada, Page 1254ê

 

CHAPTER 276, SB 191

Senate Bill No. 191–Senators Rawson, Carlton, Amodei, Care, Jacobsen, James, McGinness, O’Donnell, Porter, Rhoads, Titus, Washington, Coffin, Mathews, Wiener and Neal

 

Joint Sponsors: Assemblymen Cegavske, Hettrick, Bache, Gustavson, Chowning, Anderson, Carpenter, Gibbons, Giunchigliani, Koivisto, Manendo, Mortenson and Parnell

 

CHAPTER 276

 

AN ACT relating to the protection of children; providing for the delivery of certain newborn infants to certain providers of emergency services; providing for the care, protective custody and disposition of those infants; providing civil and criminal immunity for performing certain acts regarding those infants; and providing other matters properly relating thereto.

 

[Approved: May 31, 2001]

 

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 a new section to read as follows:

    1.  A provider of emergency services shall take immediate possession of a child who is or appears to be not more than 30 days old:

    (a) When:

         (1) The child is voluntarily delivered to the provider by a parent of the child; and

         (2) The parent does not express an intent to return for the child; or

    (b) When the child is delivered to the provider by another provider of emergency services pursuant to paragraph (b) of subsection 2.

    2.  A provider of emergency services who takes possession of a child pursuant to subsection 1 shall:

    (a) Whenever possible, inform the parent of the child that:

         (1) By allowing the provider to take possession of the child, the parent is presumed to have abandoned the child;

         (2) By failing or refusing to provide an address where he can be located, the parent waives any notice of the hearing to be conducted pursuant to NRS 432B.470; and

         (3) Unless the parent contacts the local agency which provides protective services, action will be taken to terminate his parental rights regarding the child.

    (b) Perform any act necessary to maintain and protect the physical health and safety of the child. If the provider is a public fire-fighting agency or a law enforcement agency, the provider shall immediately cause the safe delivery of the child to a hospital, an obstetric center or an independent center for emergency medical care licensed pursuant to chapter 449 of NRS.

    (c) As soon as reasonably practicable but not later than 24 hours after the provider takes possession of the child, report that possession to an agency which provides protective services.


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ê2001 Statutes of Nevada, Page 1255 (Chapter 276, SB 191)ê

 

    3.  A parent who delivers a child to a provider of emergency services pursuant to paragraph (a) of subsection 1:

    (a) Shall leave the child:

         (1) In the physical possession of a person who the parent has reasonable cause to believe is an employee of the provider; or

         (2) On the property of the provider in a manner and location that the parent has reasonable cause to believe will not threaten the physical health or safety of the child, and immediately contact the provider, through the local emergency telephone number or otherwise, and inform the provider of the delivery and location of the child. A provider of emergency services is not liable for any civil damages as a result of any harm or injury sustained by a child after the child is left on the property of the provider pursuant to this subparagraph and before the provider is informed of the delivery and location of the child pursuant to this subparagraph or the provider takes physical possession of the child, whichever occurs first.

    (b) Shall be deemed to have given his consent to the performance of all necessary emergency services and care for the child.

    (c) Must not be required to provide any background or medical information regarding the child, but may voluntarily do so.

    (d) Unless there is reasonable cause to believe that the child has been abused or neglected, excluding the mere fact that the parent has delivered the child to the provider pursuant to subsection 1:

         (1) Must not be required to disclose any identifying information, but may voluntarily do so;

         (2) Must be allowed to leave at any time; and

         (3) Must not be pursued or followed.

    4.  As used in this section, “provider of emergency services” means:

    (a) A hospital, an obstetric center or an independent center for emergency medical care licensed pursuant to chapter 449 of NRS;

    (b) A public fire-fighting agency; or

    (c) A law enforcement agency.

    Sec. 2.  NRS 432B.020 is hereby amended to read as follows:

    432B.020  1.  “Abuse or neglect of a child” means [:] , except as otherwise provided in subsection 2:

    (a) Physical or mental injury of a nonaccidental nature;

    (b) Sexual abuse or sexual exploitation; or

    (c) Negligent treatment or maltreatment as set forth in NRS 432B.140,

of a child caused or allowed by a person responsible for his welfare under circumstances which indicate that the child’s health or welfare is harmed or threatened with harm.

    2.  A child is not abused or neglected, nor is his health or welfare harmed or threatened for the sole reason that his [parent] :

    (a) Parent delivers the child to a provider of emergency services pursuant to section 1 of this act, if the parent complies with the requirements of paragraph (a) of subsection 3 of that section; or

    (b) Parent or guardian, in good faith, selects and depends upon nonmedical remedial treatment for such child, if such treatment is recognized and permitted under the laws of this state in lieu of medical treatment. This [subsection] paragraph does not limit the court in ensuring that a child receive a medical examination and treatment pursuant to NRS 62.231.


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ê2001 Statutes of Nevada, Page 1256 (Chapter 276, SB 191)ê

 

    3.  As used in this section, “allow” means to do nothing to prevent or stop the abuse or neglect of a child in circumstances where the person knows or has reason to know that a child is abused or neglected.

    Sec. 3.  NRS 432B.160 is hereby amended to read as follows:

    432B.160  1.  [Immunity] Except as otherwise provided in subsection 2, immunity from civil or criminal liability extends to every person who in good faith:

    (a) Makes a report pursuant to NRS 432B.220;

    (b) Conducts an interview or allows an interview to be taken pursuant to NRS 432B.270;

    (c) Allows or takes photographs or X-rays pursuant to NRS 432B.270;

    (d) Causes a medical test to be performed pursuant to NRS 432B.270;

    (e) Provides a record, or a copy thereof, of a medical test performed pursuant to NRS 432B.270 to an agency that provides protective services to the child, a law enforcement agency that participated in the investigation of the report of abuse or neglect of the child , or the prosecuting attorney’s office;

    (f) Holds a child pursuant to NRS 432B.400 , takes possession of a child pursuant to section 1 of this act or places a child in protective custody [;] pursuant to any provision of this chapter;

    (g) Performs any act pursuant to subsection 2 of section 1 of this act;

    (h) Refers a case or recommends the filing of a petition pursuant to NRS 432B.380; or

    [(h)] (i) Participates in a judicial proceeding resulting from a referral or recommendation.

    2.  The provisions of subsection 1 do not confer any immunity from liability for the negligent performance of any act pursuant to paragraph (b) of subsection 2 of section 1 of this act.

    3.  In any proceeding to impose liability against a person for:

    (a) Making a report pursuant to NRS 432B.220; or

    (b) [Any of the acts] Performing any act set forth in paragraphs (b) to [(h),] (i), inclusive, of subsection 1,

there is a presumption that the person acted in good faith.

    Sec. 4.  NRS 432B.330 is hereby amended to read as follows:

    432B.330  1.  A child is in need of protection if:

    (a) He has been abandoned by a person responsible for his welfare;

    (b) He is suffering from congenital drug addiction or [the] fetal alcohol syndrome [,] because of the faults or habits of a person responsible for his welfare;

    (c) He has been subjected to abuse or neglect by a person responsible for his welfare;

    (d) He is in the care of a person responsible for his welfare and another child has died as a result of abuse or neglect by that person; [or]

    (e) He has been placed for care or adoption in violation of law [.] ; or

    (f) He has been delivered to a provider of emergency services pursuant to section 1 of this act.

    2.  A child may be in need of protection if the person responsible for his welfare:

    (a) Is unable to discharge his responsibilities to and for the child because of incarceration, hospitalization , or other physical or mental incapacity;


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ê2001 Statutes of Nevada, Page 1257 (Chapter 276, SB 191)ê

 

    (b) Fails, although he is financially able to do so or has been offered financial or other means to do so, to provide for the following needs of the child:

         (1) Food, clothing or shelter necessary for the child’s health or safety;

         (2) Education as required by law; or

         (3) Adequate medical care; or

    (c) Has been responsible for the abuse or neglect of a child who has resided with that person.

    3.  A child may be in need of protection if the death of a parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018.

    Sec. 5.  NRS 432B.390 is hereby amended to read as follows:

    432B.390  1.  An agent or officer of a law enforcement agency, an officer of the local juvenile probation department or the local department of juvenile services , or a designee of an agency which provides protective services:

    (a) May place a child in protective custody without the consent of the person responsible for the child’s welfare if he has reasonable cause to believe that immediate action is necessary to protect the child from injury, abuse or neglect.

    (b) Shall place a child in protective custody upon the death of a parent of the child, without the consent of the person responsible for the welfare of the child, if the agent, officer or designee has reasonable cause to believe that the death of the parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018.

    2.  When an agency which provides protective services receives a report pursuant to subsection 2 of section 1 of this act, a designee of the agency which provides protective services shall immediately place the child in protective custody.

    3.  If there is reasonable cause to believe that the death of a parent of [the] a child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018, a protective custody hearing must be held pursuant to NRS 432B.470, whether the child was placed in protective custody or with a relative. If an agency other than an agency which provides protective services becomes aware that there is reasonable cause to believe that the death of a parent of [the] a child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018, that agency shall immediately notify the agency which provides protective services and a protective custody hearing must be scheduled.

    [3.] 4.  An agency which provides protective services shall request the assistance of a law enforcement agency in the removal of [the] a child if [it] the agency has reasonable cause to believe that the child or the person placing the child in protective custody may be threatened with harm.

    [4.] 5.  Before taking a child for placement in protective custody, the person taking the child shall show his identification to any person who is responsible for the child and is present at the time the child is taken. If a person who is responsible for the child is not present at the time the child is taken, the person taking the child shall show his identification to any other person upon request. The identification required by this subsection must be a single card that contains a photograph of the person taking the child and identifies him as a person authorized pursuant to [subsection 1] this section to place a child in protective custody.


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ê2001 Statutes of Nevada, Page 1258 (Chapter 276, SB 191)ê

 

identifies him as a person authorized pursuant to [subsection 1] this section to place a child in protective custody.

    [5.] 6.  A child placed in protective custody pending an investigation and a hearing held pursuant to NRS 432B.470 must be placed in a hospital, if the child needs hospitalization, or in a shelter, which may include a foster home or other home or facility which provides care for those children, but the child must not be placed in a jail or other place for detention, incarceration or residential care of persons convicted of a crime or children charged with delinquent acts.

    [6.] 7.  A person placing a child in protective custody pursuant to subsection 1 shall:

    (a) Immediately take steps to protect all other children remaining in the home or facility, if necessary;

    (b) Immediately make a reasonable effort to inform the person responsible for the child’s welfare that the child has been placed in protective custody;

    (c) Give preference in placement of the child to any person related within the third degree of consanguinity to the child who is suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this state; and

    (d) As soon as practicable, inform the agency which provides protective services and the appropriate law enforcement agency.

    [7.] 8.  If a child is placed with any person who resides outside of this state, the placement must be in accordance with NRS 127.330.

    Sec. 6.  NRS 432B.393 is hereby amended to read as follows:

    432B.393  1.  Except as otherwise provided in this section, an agency which provides protective services shall make reasonable efforts to preserve and reunify the family of a child to prevent or eliminate the need for his removal from his home and to make it possible for his safe return to his home.

    2.  In determining the reasonable efforts required by subsection 1, the health and safety of the child must be the paramount concern. The agency which provides protective services may make reasonable efforts to place the child for adoption or with a legal guardian concurrently with making the reasonable efforts required pursuant to subsection 1. If the court determines that continuation of the reasonable efforts required by subsection 1 is inconsistent with the plan for the permanent placement of the child, the agency which provides protective services shall make reasonable efforts to place the child in a timely manner in accordance with that plan and to complete whatever actions are necessary to finalize the permanent placement of the child.

    3.  An agency which provides protective services is not required to make the reasonable efforts required by subsection 1 if the court finds that:

    (a) A parent or other primary caretaker of the child has:

         (1) Committed, aided or abetted in the commission of, or attempted, conspired or solicited to commit murder or voluntary manslaughter;

         (2) Caused the abuse or neglect of the child, or of another child of the parent or primary caretaker, which resulted in substantial bodily harm to the abused or neglected child;

         (3) Caused the abuse or neglect of the child, a sibling of the child or another child in the household, and the abuse or neglect was so extreme or repetitious as to indicate that any plan to return the child to his home would result in an unacceptable risk to the health or welfare of the child; or


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ê2001 Statutes of Nevada, Page 1259 (Chapter 276, SB 191)ê

 

         (4) Abandoned the child for 60 or more days, and the identity of the parent of the child is unknown and cannot be ascertained through reasonable efforts;

    (b) A parent of the child has, for the previous 6 months, had the ability to contact or communicate with the child and made no more than token efforts to do so;

    (c) The parental rights of a parent to a sibling of the child have been terminated by a court order upon any basis other than the execution of a voluntary relinquishment of those rights by a natural parent, and the court order is not currently being appealed;

    (d) The child or a sibling of the child was previously removed from his home, adjudicated to have been abused or neglected, returned to his home and subsequently removed from his home as a result of additional abuse or neglect; [or]

    (e) The child is less than 1 year of age, the father of the child is not married to the mother of the child and the father of the child:

         (1) Has failed within 60 days after learning of the birth of the child, to visit the child, to commence proceedings to establish his paternity of the child or to provide financial support for the child; or

         (2) Is entitled to seek custody of the child but fails to do so within 60 days after learning that the child was placed in foster care [.] ; or

    (f) The child was delivered to a provider of emergency services pursuant to section 1 of this act.

    Sec. 7.  NRS 432B.470 is hereby amended to read as follows:

    432B.470  1.  A child taken into protective custody pursuant to NRS 432B.390 must be given a hearing, conducted by a judge, master or special master appointed by the judge for that particular hearing, within 72 hours, excluding Saturdays, Sundays and holidays, after being taken into custody, to determine whether the child should remain in protective custody pending further action by the court.

    2.  [Notice] Except as otherwise provided in this subsection, notice of the time and place of the hearing must be given to a parent or other person responsible for the child’s welfare:

    (a) By personal service of a written notice;

    (b) Orally; or

    (c) If the parent or other person responsible for the child’s welfare cannot be located after a reasonable effort, by posting a written notice on the door of his residence.

If the child was delivered to a provider of emergency services pursuant to section 1 of this act and the location of the parent is unknown, the parent shall be deemed to have waived any notice of the hearing conducted pursuant to this section.

    3.  If notice is given by means of paragraph (b) or (c) of subsection 2, a copy of the notice must be mailed to the person at his last known address within 24 hours after the child is placed in protective custody.

    Sec. 8.  NRS 432B.520 is hereby amended to read as follows:

    432B.520  1.  After a petition has been filed, the court shall direct the clerk to issue a summons requiring the person who has custody or control of the child to appear personally and bring the child before the court at a time and place stated in the summons. If the person so summoned is other than a parent or guardian of the child, then the parent or guardian, or both, must also be notified by a similar summons of the pendency of the hearing and of the time and place appointed.


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ê2001 Statutes of Nevada, Page 1260 (Chapter 276, SB 191)ê

 

also be notified by a similar summons of the pendency of the hearing and of the time and place appointed.

    2.  Summons may be issued requiring the appearance of any other person whose presence, in the opinion of the court, is necessary.

    3.  Each summons must include notice of the right of parties to counsel at the adjudicatory hearing. A copy of the petition must be attached to each summons.

    4.  If the [person] :

    (a) Person summoned resides in this state, the summons must be served personally [. If the person] ;

    (b) Person summoned cannot be found within this state or does not reside in this state, the summons must be mailed by registered or certified mail to his last known address [.] ; or

    (c) Child was delivered to a provider of emergency services pursuant to section 1 of this act and the location of the parent is unknown, the summons must be served on the parent by publication at least once a week for 3 consecutive weeks in a newspaper published in the county and if no such newspaper is published, then a newspaper published in this state that has a general circulation in the county. The failure of the parent to appear in the action after the service of summons on the parent pursuant to this paragraph shall be deemed to constitute a waiver by the parent of any further notice of the proceedings that would otherwise be required pursuant to this chapter.

    5.  If it appears that the child is in such condition or surroundings that his welfare requires that his custody be immediately assumed by the court, the court may order, by endorsement upon the summons, that the person serving it shall at once deliver the child to an agency which provides protective services in whose custody the child must remain until the further order of the court.

    6.  If the summons cannot be served or the person who has custody or control of the child fails to obey it, or:

    (a) In the judge’s opinion, the service will be ineffectual or the welfare of the child requires that he be brought forthwith into the custody of the court; or

    (b) A person responsible for the child’s welfare has absconded with him or concealed him from a representative of an agency which provides protective services,

the court may issue a writ for the attachment of the child’s person, commanding a law enforcement officer or a representative of an agency which provides protective services to place the child in protective custody.

    Sec. 9.  NRS 432B.540 is hereby amended to read as follows:

    432B.540  1.  If the court finds that the allegations of the petition are true, it shall order that a report be made in writing by an agency which provides protective services, concerning [the] :

    (a) Except as otherwise provided in paragraph (b), the conditions in the child’s place of residence, the child’s record in school, the mental, physical and social background of his family, its financial situation and other matters relevant to the case [.] ; or

    (b) If the child was delivered to a provider of emergency services pursuant to section 1 of this act, any matters relevant to the case.

    2.  If the agency believes that it is necessary to remove the child from the physical custody of his parents, it must submit with the report a plan designed to achieve a placement of the child in a safe setting as near to the residence of his parent as is consistent with the best interests and special needs of the child.


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ê2001 Statutes of Nevada, Page 1261 (Chapter 276, SB 191)ê

 

designed to achieve a placement of the child in a safe setting as near to the residence of his parent as is consistent with the best interests and special needs of the child. The plan must include:

    (a) A description of the type, safety and appropriateness of the home or institution in which the child could be placed, a plan for ensuring that he would receive safe and proper care and a description of his needs;

    (b) A description of the services to be provided to the child and to a parent to facilitate the return of the child to the custody of his parent or to ensure his permanent placement;

    (c) The appropriateness of the services to be provided under the plan; and

    (d) A description of how the order of the court will be carried out.

    3.  If the child is not residing in his home, the agency shall include as a part of the plan for the permanent placement of the child, established pursuant to NRS 432B.590, a recommendation to terminate parental rights unless it determines that initiating a petition for the termination of parental rights is not in the best interests of the child. If the agency conclusively determines that initiating a petition for the termination of parental rights is not in the best interests of the child, it shall include a full explanation of the basis for the determination as part of the plan.

    Sec. 10.  NRS 432B.550 is hereby amended to read as follows:

    432B.550  1.  If the court finds that a child is in need of protection, it shall determine whether the agency which provides protective services has made the reasonable efforts required by subsection 1 of NRS 432B.393. The court may, by its order, after receipt and review of the report from the agency which provides protective services:

    (a) Permit the child to remain in the temporary or permanent custody of his parents or a guardian with or without supervision by the court or a person or agency designated by the court, and with or without retaining jurisdiction of the case, upon such conditions as the court may prescribe;

    (b) Place him in the temporary or permanent custody of a relative or other person who the court finds suitable to receive and care for him with or without supervision, and with or without retaining jurisdiction of the case, upon such conditions as the court may prescribe;

    (c) Place him in the temporary custody of a public agency or institution authorized to care for children, the local juvenile probation department, the local department of juvenile services , or a private agency or institution licensed by the department of human resources to care for such a child; or

    (d) Commit him to the custody of the superintendent of the northern Nevada children’s home or the superintendent of the southern Nevada children’s home, in accordance with chapter 423 of NRS.

In carrying out this subsection, the court may, in its sole discretion, consider an application pursuant to chapter 159 of NRS for the guardianship of the child. If the court grants such an application, it may retain jurisdiction of the case or transfer the case to another court of competent jurisdiction.

    2.  If, pursuant to subsection 1, a child is placed other than with a parent:

    (a) The parent retains the right to consent to adoption, to determine the child’s religious affiliation and to reasonable visitation, unless restricted by the court. If the custodian of the child interferes with these rights, the parent may petition the court for enforcement of his rights.

    (b) The court shall set forth good cause why the child was placed other than with a parent.


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ê2001 Statutes of Nevada, Page 1262 (Chapter 276, SB 191)ê

 

    3.  If, pursuant to subsection 1, the child is to be placed with a relative, the court may consider, among other factors, whether the child has resided with a particular relative for 3 years or more before the incident which brought the child to the court’s attention.

    4.  [A] Except as otherwise provided in this subsection, a copy of the report prepared for the court by the agency which provides protective services must be sent to the custodian and the parent or legal guardian. If the child was delivered to a provider of emergency services pursuant to section 1 of this act and the location of the parent is unknown, the report need not be sent to that parent.

    5.  In determining the placement of a child pursuant to this section, if the child is not permitted to remain in the custody of his parents or guardian, preference must be given to placing the child:

    (a) With any person related within the third degree of consanguinity to the child who is suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this state.

    (b) If practicable, together with his siblings.

Any search for a relative with whom to place a child pursuant to this section must be completed within 1 year after the initial placement of the child outside of his home. If a child is placed with any person who resides outside of this state, the placement must be in accordance with NRS 127.330.

    Sec. 11.  NRS 432B.560 is hereby amended to read as follows:

    432B.560  1.  The court may also order:

    (a) The child, a parent or the guardian to undergo such medical, psychiatric, [psychologic] psychological, or other care or treatment as the court considers to be in the best interests of the child.

    (b) A parent or guardian to refrain from:

         (1) Any harmful or offensive conduct toward the child, the other parent, the custodian of the child or the person given physical custody of the child; and

         (2) Visiting the child if the court determines that the visitation is not in the best interest of the child.

    (c) A reasonable right of visitation for a grandparent of the child if the child is not permitted to remain in the custody of his parents.

    2.  The court shall order a parent or guardian to pay to the custodian an amount sufficient to support the child while the child is in the care of the custodian pursuant to an order of the court [.] , unless the child was delivered to a provider of emergency services pursuant to section 1 of this act and the location of the parent is unknown. Payments for the obligation of support must be determined in accordance with NRS 125B.070 and 125B.080, but must not exceed the reasonable cost of the child’s care, including food, shelter, clothing, medical care and education. An order for support made pursuant to this subsection must:

    (a) Require that payments be made to the appropriate agency or office;

    (b) Provide that the custodian is entitled to a lien on the obligor’s property in the event of nonpayment of support; and

    (c) Provide for the immediate withholding of income for the payment of support unless:

         (1) All parties enter into an alternative written agreement; or

         (2) One party demonstrates and the court finds good cause to postpone the withholding.


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ê2001 Statutes of Nevada, Page 1263 (Chapter 276, SB 191)ê

 

    3.  A court that enters an order pursuant to subsection 2 shall ensure that the social security number of the parent or guardian who is the subject of the order is:

    (a) Provided to the welfare division of the department of human resources.

    (b) Placed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.

    Sec. 12.  NRS 432B.580 is hereby amended to read as follows:

    432B.580  1.  Except as otherwise provided in this section, if a child is placed pursuant to NRS 432B.550 other than with a parent, the placement must be reviewed by the court at least semiannually. Unless the parent, guardian or the custodian objects to the referral, the court may enter an order directing that the placement be reviewed by a panel appointed pursuant to NRS 432B.585.

    2.  An agency acting as the custodian of the child shall, before any hearing for review of the placement of a child, submit a report to the court, or to the panel if it has been designated to review the matter, which includes an evaluation of the progress of the child and his family and any recommendations for further supervision, treatment or rehabilitation. [A] Except as otherwise provided in this subsection, a copy of the report must be given to the parents, the guardian ad litem and the attorney, if any, representing the parent or the child. If the child was delivered to a provider of emergency services pursuant to section 1 of this act and the parent has not appeared in the action, the report need not be sent to that parent.

    3.  The court or the panel shall hold a hearing to review the placement, unless the parent, guardian or custodian files a motion with the court to dispense with the hearing. If the motion is granted, the court or panel may make its determination from any report, statement or other information submitted to it.

    4.  [Notice] Except as otherwise provided in this subsection and paragraph (c) of subsection 4 of NRS 432B.520, notice of the hearing must be given by registered or certified mail to:

    (a) All the parties to any of the prior proceedings; and

    (b) Any persons planning to adopt the child, relatives of the child or providers of foster care who are currently providing care to the child . [,

except] Notice of the hearing need not be given to a parent whose rights have been terminated pursuant to chapter 128 of NRS or who has voluntarily relinquished the child for adoption pursuant to NRS 127.040.

    5.  The court or panel may require the presence of the child at the hearing and shall provide to each person to whom notice was given pursuant to subsection 4 an opportunity to be heard at the hearing.

    6.  The court or panel shall review:

    (a) The continuing necessity for and appropriateness of the placement;

    (b) The extent of compliance with the plan submitted pursuant to subsection 2 of NRS 432B.540;

    (c) Any progress which has been made in alleviating the problem which resulted in the placement of the child; and

    (d) The date the child may be returned to, and safely maintained in, his home or placed for adoption or under a legal guardianship.

    7.  The provision of notice and an opportunity to be heard pursuant to this section does not cause any person planning to adopt the child, or any relative or provider of foster care to become a party to the hearing.


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ê2001 Statutes of Nevada, Page 1264 (Chapter 276, SB 191)ê

 

    Sec. 13.  NRS 128.097 is hereby amended to read as follows:

    128.097  If a parent of a child [engages] :

    1.  Engages in conduct that violates any provision of NRS 200.465 [,] ; or

    2.  Voluntarily delivers a child to a provider of emergency services pursuant to section 1 of this act,

the parent is presumed to have abandoned the child.

    Sec. 14.  NRS 200.508 is hereby amended to read as follows:

    200.508  1.  A person who:

    (a) Willfully causes a child who is less than 18 years of age to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect; or

    (b) Is responsible for the safety or welfare of a child and who permits or allows that child to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect,

is guilty of a gross misdemeanor unless a more severe penalty is prescribed by law for an act or omission which brings about the abuse, neglect or danger.

    2.  A person who violates any provision of subsection 1, if substantial bodily or mental harm results to the child:

    (a) If the child is less than 14 years of age and the harm is the result of sexual abuse or exploitation, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

    (b) In all other such cases to which paragraph (a) does not apply, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years.

    3.  A person does not commit a violation of subsection 1 by virtue of the sole fact that he delivers or allows the delivery of a child to a provider of emergency services pursuant to section 1 of this act.

    4.  As used in this section:

    (a) “Abuse or neglect” means physical or mental injury of a nonaccidental nature, sexual abuse, sexual exploitation, negligent treatment or maltreatment of a child under the age of 18 years, as set forth in paragraph (d) and NRS 432B.070, 432B.100, 432B.110, 432B.140 and 432B.150, under circumstances which indicate that the child’s health or welfare is harmed or threatened with harm.

    (b) “Allow” means to do nothing to prevent or stop the abuse or neglect of a child in circumstances where the person knows or has reason to know that the child is abused or neglected.

    (c) “Permit” means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care, custody and control of a minor child.

    (d) “Physical injury” means:

         (1) Permanent or temporary disfigurement; or

         (2) Impairment of any bodily function or organ of the body.


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ê2001 Statutes of Nevada, Page 1265 (Chapter 276, SB 191)ê

 

    (e) “Substantial mental harm” means an injury to the intellectual or psychological capacity or the emotional condition of a child as evidenced by an observable and substantial impairment of the ability of the child to function within his normal range of performance or behavior.

    Sec. 15.  NRS 201.110 is hereby amended to read as follows:

    201.110  [Any]

    1.  Except as otherwise provided in this section, any person who commits any act or omits the performance of any duty, which act or omission causes or tends to cause or encourage any person under the age of 18 to become a “neglected child,” “child in need of supervision” or “delinquent child,” as defined in NRS 201.090 , to 201.110, inclusive, or which act or omission contributes thereto, or any person who, by any act or omission, or by threats, command or persuasion, induces or endeavors to induce any person under the age of 18 to perform any act or to follow any course of conduct or to so live as would cause or manifestly tend to cause any such person to become or to remain a person who is a “neglected child,” “child in need of supervision” or “delinquent child,” as defined in NRS 201.090 [to 201.110, inclusive, shall be] , is guilty of contributory neglect or contributory delinquency. Contributory neglect or contributory delinquency is a misdemeanor.

    2.  A person does not commit a violation of subsection 1 by virtue of the sole fact that he delivers or induces the delivery of a child to a provider of emergency services pursuant to section 1 of this act.

    Sec. 16.  The provisions of subsection 1 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. 17.  This act becomes effective upon passage and approval.

________

 

CHAPTER 277, SB 197

Senate Bill No. 197–Senators Wiener, Rawson, Titus, Mathews, Care, Amodei, Coffin, McGinness, Neal, O’Connell, Porter, Schneider, Shaffer and Washington

 

CHAPTER 277

 

AN ACT relating to therapeutic communities; revising the provisions governing the date on which an offender is eligible to be assigned to participate in a therapeutic community; and providing other matters properly relating thereto.

 

[Approved: May 31, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 209.4237 is hereby amended to read as follows:

    209.4237  1.  The director shall, in conjunction with the health division and with the approval of the board, establish a program to evaluate an offender in the custody of the department to determine whether the offender is a substance abuser and whether the offender may benefit from participation in a therapeutic community.

    2.  An evaluation of an offender must be conducted pursuant to subsection 1 if the offender is eligible to be assigned to a therapeutic community.


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ê2001 Statutes of Nevada, Page 1266 (Chapter 277, SB 197)ê

 

    3.  After an evaluation is conducted pursuant to subsection 1, the director or a person designated by the director shall determine whether the offender is a substance abuser and whether the offender may benefit from participation in a therapeutic community.

    4.  If a determination is made that the offender is a substance abuser and that the offender may benefit from participation in a therapeutic community, the director or a person designated by the director shall determine whether to assign the offender to participate in a therapeutic community. In determining whether to assign an offender to participate in a therapeutic community, the director or a person designated by the director shall:

    (a) Consider the severity of the problem of substance abuse by the offender and the availability of space in each therapeutic community; and

    (b) Give preference, to the extent practicable, to those offenders who appear to be most capable of successfully participating in and completing treatment in a therapeutic community.

    5.  [If an offender is] To be eligible to be assigned to participate in a therapeutic community, [the offender must be assigned to participate in the therapeutic community for the year immediately preceding] an offender must be within 2 years of the date on which [he] the offender is reasonably expected to be released, as determined by the director.

    Sec. 2.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 278, SB 211

Senate Bill No. 211–Committee on Commerce and Labor

 

CHAPTER 278

 

AN ACT relating to electricity; revising the provisions governing the sale of electricity and the provision of transmission and distribution services by the Colorado River commission; requiring certain public utilities to make their electric distribution facilities and services available to the Colorado River commission under certain circumstances; requiring such utilities to file tariffs concerning use of their electric distribution facilities and services by the Colorado River commission; and providing other matters properly relating thereto.

 

[Approved: May 31, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The Colorado River commission may sell electricity and provide transmission service or distribution service, or both, only to meet the existing and future requirements of:

    (a) Any customer that the Colorado River commission on July 16, 1997, was serving or had a contract to serve; and

    (b) The Southern Nevada Water Authority and its member agencies for their water and wastewater operations,

without being subject to the jurisdiction of the public utilities commission of Nevada.

    2.  The public utilities commission of Nevada shall establish a just and reasonable tariff for such electric distribution service to be provided by an electric utility that primarily serves densely populated counties to the Colorado River commission for its sale of electricity or electric distribution services, or both, to any customer that the Colorado River commission on July 16, 1997, was serving or had a contract to serve, and to the Southern Nevada Water Authority and its member agencies to meet the existing and future requirements for their water and wastewater operations.


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ê2001 Statutes of Nevada, Page 1267 (Chapter 278, SB 211)ê

 

electric utility that primarily serves densely populated counties to the Colorado River commission for its sale of electricity or electric distribution services, or both, to any customer that the Colorado River commission on July 16, 1997, was serving or had a contract to serve, and to the Southern Nevada Water Authority and its member agencies to meet the existing and future requirements for their water and wastewater operations.

    3.  An electric utility that primarily serves densely populated counties shall provide electric distribution service pursuant to the tariff required by subsection 2.

    4.  As used in this section:

    (a) “Electric utility that primarily serves densely populated counties” means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this state from customers located in counties whose population is 400,000 or more than it does from customers located in counties whose population is less than 400,000.

    (b) “Southern Nevada Water Authority” has the meaning ascribed to it in NRS 538.041.

    Sec. 2.  NRS 538.181 is hereby amended to read as follows:

    538.181  1.  The commission shall hold and administer all rights and benefits pertaining to the distribution of the power and water mentioned in NRS 538.041 to 538.251, inclusive, for the State of Nevada and, except as otherwise provided in NRS 538.186, may enter into contracts relating to that power and water, including the transmission and other distribution services, on such terms as the commission determines.

    2.  Every applicant, except a federal or state agency or political subdivision, for power or water to be used within the State of Nevada must, before the application is approved, provide an indemnifying bond by a corporation qualified pursuant to the laws of this state, or other collateral, approved by the state board of examiners, payable to the State of Nevada in such sum and in such manner as the commission may require, conditioned for the full and faithful performance of the lease, sublease, contract or other agreement.

    3.  The power and water must not be sold for less than the actual cost to the State of Nevada.

    4.  Except as otherwise provided in subsection 5, before any such sale or lease is made, a notice of it must be advertised in two papers of general circulation published in the State of Nevada at least once a week for 2 weeks. The commission shall require any person desiring to make objection thereto to file the objection with the commission within 10 days after the date of the last publication of the notice. If any objection is filed, the commission shall set a time and place for a hearing of the objection not more than 30 days after the date of the last publication of the notice.

    5.  The provisions of subsection 4 do not apply to:

    (a) Any contract by the commission to sell supplemental power to a holder of a long-term firm contract with the state for power if the supplemental power is procured by the commission from a prearranged source and is secured by the holder for his own use; or

    (b) Any agreement by the commission to sell short-term or interruptible power on short notice for immediate acceptance to a holder of a long-term firm contract with the state for power who can take delivery of the short-term or interruptible power when it is available.


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ê2001 Statutes of Nevada, Page 1268 (Chapter 278, SB 211)ê

 

    6.  Except as otherwise provided in subsection 2 of NRS 538.251, any such lease, sublease, contract or sale of the water or power is not binding upon the State of Nevada until ratified and approved by the governor and, where required by federal law, until approved by the United States.

    7.  The commission shall, upon the expiration of a contract for the sale of power which is in effect on July 1, 1993, offer to the purchaser the right to renew the contract. If the commission is unable to supply the amount of power set forth in the contract because of a shortage of power available for sale, it shall reduce, on a pro rata basis, the amount of power it is required to sell pursuant to the renewed contract.

    8.  [Notwithstanding] Except as otherwise provided in section 1 of this act, notwithstanding any provision of chapter 704 of NRS, any purchase of:

    (a) Power or water for distribution or exchange, and any subsequent distribution or exchange of power or water by the commission; or

    (b) Water for distribution or exchange, and any subsequent distribution or exchange of water by any entity to which or with which the commission has contracted the water,

is not subject to regulation by the public utilities commission of Nevada.

    Sec. 3.  The public utility shall file with the public utilities commission of Nevada the tariffs required by section 1 of this act not later than October 1, 2001.

    Sec. 4.  This act becomes effective upon passage and approval.

________

 

CHAPTER 279, SB 255

Senate Bill No. 255–Committee on Government Affairs

 

CHAPTER 279

 

AN ACT relating to public works; requiring and authorizing certain terms in a contract between a design professional who is a member of a design-build team and a public body; prohibiting a public body from requiring a design professional to indemnify the public body against any liability in a contract with the design professional; providing an exception to such a prohibition; and providing other matters properly relating thereto.

 

[Approved: May 31, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 338.010 is hereby amended to read as follows:

    338.010  As used in this chapter:

    1.  “Day labor” means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a workman or workmen employed by them on public works by the day and not under a contract in writing.

    2.  “Design-build contract” means a contract between a public body and a design-build team in which the design-build team agrees to design and construct a public work.

    3.  “Design-build team” means an entity that consists of:

    (a) At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to chapter 624 of NRS; and

    (b) For a public work that consists of:


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ê2001 Statutes of Nevada, Page 1269 (Chapter 279, SB 255)ê

 

         (1) A building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS.

         (2) Anything other than a building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS or is licensed as a professional engineer pursuant to chapter 625 of NRS.

    4.  “Design professional” means [a person with a professional license or certificate issued pursuant to chapter 623, 623A or 625 of NRS.] :

    (a) A person who is licensed as a professional engineer pursuant to chapter 625 of NRS;

    (b) A person who is licensed as a professional land surveyor pursuant to chapter 625 of NRS;

    (c) A person who holds a certificate of registration to engage in the practice of architecture pursuant to chapter 623 of NRS;

    (d) A person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to chapter 623A of NRS; or

    (e) A business entity that engages in the practice of professional engineering, land surveying, architecture or landscape architecture.

    5.  “Eligible bidder” means a person who is:

    (a) Found to be a responsible and responsive contractor by a local government which requests bids for a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373; or

    (b) Determined by a public body which awarded a contract for a public work pursuant to NRS 338.1375 to 338.1389, inclusive, to be qualified to bid on that contract pursuant to NRS 338.1379 or was exempt from meeting such qualifications pursuant to NRS 338.1383.

    6.  “Local government” means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318, 379, 474, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.

    7.  “Offense” means failing to:

    (a) Pay the prevailing wage required pursuant to this chapter;

    (b) Pay the contributions for unemployment compensation required pursuant to chapter 612 of NRS; or

    (c) Provide and secure compensation for employees required pursuant to chapters 616A to 617, inclusive, of NRS.

    8.  “Prime contractor” means a person who:

    (a) Contracts to construct an entire project;

    (b) Coordinates all work performed on the entire project;

    (c) Uses his own work force to perform all or a part of the construction, repair or reconstruction of the project; and

    (d) Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors.

    9.  “Public body” means the state, county, city, town, school district or any public agency of this state or its political subdivisions sponsoring or financing a public work.


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ê2001 Statutes of Nevada, Page 1270 (Chapter 279, SB 255)ê

 

    10.  “Public work” means any project for the new construction, repair or reconstruction of:

    (a) A project financed in whole or in part from public money for:

         (1) Public buildings;

         (2) Jails and prisons;

         (3) Public roads;

         (4) Public highways;

         (5) Public streets and alleys;

         (6) Public utilities which are financed in whole or in part by public money;

         (7) Publicly owned water mains and sewers;

         (8) Public parks and playgrounds;

         (9) Public convention facilities which are financed at least in part with public funds; and

         (10) All other publicly owned works and property whose cost as a whole exceeds $20,000. Each separate unit that is a part of a project is included in the cost of the project to determine whether a project meets that threshold.

    (b) A building for the University and Community College System of Nevada of which 25 percent or more of the costs of the building as a whole are paid from money appropriated by this state or from federal money.

    11.  “Specialty contractor” means a contractor whose operations as such are the performance of construction work requiring special skill and whose principal contracting business involves the use of specialized building trades or crafts.

    12.  “Stand-alone underground utility project” means an underground utility project that is not integrated into a larger project, including, without limitation:

    (a) An underground sewer line or an underground pipeline for the conveyance of water, including facilities appurtenant thereto; and

    (b) A project for the construction or installation of a storm drain, including facilities appurtenant thereto,

that is not located at the site of a public work for the design and construction of which a public body is authorized to contract with a design-build team pursuant to subsection 2 of NRS 338.1711.

    13.  “Wages” means:

    (a) The basic hourly rate of pay; and

    (b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other similar programs or other bona fide fringe benefits which are a benefit to the workman.

    14.  “Workman” means a skilled mechanic, skilled workman, semiskilled mechanic, semiskilled workman or unskilled workman. The term does not include a design professional.

    Sec. 2.  NRS 338.155 is hereby amended to read as follows:

    338.155  1.  If a public body enters into a contract with a design professional who is not a member of a design-build team , for the provision of services in connection with a public work, the contract:

    [1.] (a) Must set forth:

    [(a)] (1) The specific period within which the public body must pay the design professional.


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    [(b)] (2) The specific period and manner in which the public body may dispute a payment or portion thereof that the design professional alleges is due.

    [(c)] (3) The terms of any penalty that will be imposed upon the public body if the public body fails to pay the design professional within the specific period set forth in the contract pursuant to [paragraph (a).

    (d)] subparagraph (1).

         (4) That the prevailing party in an action to enforce the contract is entitled to reasonable attorney’s fees and costs.

    [2.] (b) May set forth the terms of any discount that the public body will receive if the public body pays the design professional within the specific period set forth in the contract pursuant to [paragraph (a) of subsection 1.] subparagraph (1) of paragraph (a).

    (c) May set forth the terms by which the design professional agrees to name the public body, at the cost of the public body, as an additional insured in an insurance policy held by the design professional.

    (d) Except as otherwise provided in paragraph (e), must not require the design professional to defend, indemnify or hold harmless the public body or the employees, officers or agents of that public body from any liability, damage, loss, claim, action or proceeding caused by the negligence, errors, omissions, recklessness or intentional misconduct of the employees, officers or agents of the public body.

    (e) May require the design professional to defend, indemnify and hold harmless the public body, and the employees, officers and agents of the public body from any liabilities, damages, losses, claims, actions or proceedings, including, without limitation, reasonable attorneys’ fees, that are caused by the negligence, errors, omissions, recklessness or intentional misconduct of the design professional or the employees or agents of the design professional in the performance of the contract.

    2.  Any provision of a contract that is in violation of paragraph (d) of subsection 1 is declared to be contrary to the public policy of this state and is void.

    Sec. 3.  NRS 338.155 is hereby amended to read as follows:

    338.155  1.  If a public body enters into a contract with a design professional for the provision of services in connection with a public work, the contract:

    (a) Must set forth:

         (1) The specific period within which the public body must pay the design professional.

         (2) The specific period and manner in which the public body may dispute a payment or portion thereof that the design professional alleges is due.

         (3) The terms of any penalty that will be imposed upon the public body if the public body fails to pay the design professional within the specific period set forth in the contract pursuant to subparagraph (1).

         (4) That the prevailing party in an action to enforce the contract is entitled to reasonable attorney’s fees and costs.

    (b) May set forth the terms of any discount that the public body will receive if the public body pays the design professional within the specific period set forth in the contract pursuant to subparagraph (1) of paragraph (a).


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    (c) May set forth the terms by which the design professional agrees to name the public body, at the cost of the public body, as an additional insured in an insurance policy held by the design professional.

    (d) Except as otherwise provided in paragraph (e), must not require the design professional to defend, indemnify or hold harmless the public body or the employees, officers or agents of that public body from any liability, damage, loss, claim, action or proceeding caused by the negligence, errors, omissions, recklessness or intentional misconduct of the employees, officers or agents of the public body.

    (e) May require the design professional to defend, indemnify and hold harmless the public body, and the employees, officers and agents of the public body from any liabilities, damages, losses, claims, actions or proceedings, including, without limitation, reasonable attorneys’ fees, that are caused by the negligence, errors, omissions, recklessness or intentional misconduct of the design professional or the employees or agents of the design professional in the performance of the contract.

    2.  Any provision of a contract that is in violation of paragraph (d) of subsection 1 is declared to be contrary to the public policy of this state and is void.

    3.  As used in this section, “design professional” means [a person with a professional license or certificate issued pursuant to chapter 623, 623A or 625 of NRS.] :

    (a) A person who is licensed as a professional engineer pursuant to chapter 625 of NRS;

    (b) A person who is licensed as a professional land surveyor pursuant to chapter 625 of NRS;

    (c) A person who holds a certificate of registration to engage in the practice of architecture pursuant to chapter 623 of NRS; and

    (d) A person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to chapter 623A of NRS; or

    (e) A business entity that engages in the practice of professional engineering, land surveying, architecture or landscape architecture.

    Sec. 4.  NRS 338.1727 is hereby amended to read as follows:

    338.1727  1.  After selecting the finalists pursuant to NRS 338.1725, the public body shall provide to each finalist a request for final proposals for the public work. The request for final proposals must:

    (a) Set forth the factors that the public body will use to select a design-build team to design and construct the public work, including the relative weight to be assigned to each factor; and

    (b) Set forth the date by which final proposals must be submitted to the public body.

    2.  A final proposal submitted by a design-build team pursuant to this section must be prepared thoroughly, be responsive to the criteria that the public body will use to select a design-build team to design and construct the public work described in subsection 1 and comply with the provisions of NRS 338.141. If the cost of construction is a factor in the selection of a design-build team, a design-build team whose prime contractor has submitted with its proposal a certificate of eligibility to receive a preference in bidding on public works issued pursuant to NRS 338.1389 or 338.147 shall be deemed to have submitted a better proposal than a competing design-build team whose prime contractor has not submitted such a certificate of eligibility if the amount proposed by the design-build team is not more than 5 percent higher than the amount proposed by the competing design-build team.


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not more than 5 percent higher than the amount proposed by the competing design-build team.

    3.  At least 30 days after receiving the final proposals for the public work, the public body shall:

    (a) Select the most cost-effective and responsive final proposal, using the criteria set forth pursuant to subsection 1; or

    (b) Reject all the final proposals.

    4.  If a public body selects a final proposal pursuant to paragraph (a) of subsection 3, the public body shall, at its next regularly scheduled meeting:

    (a) Review and ratify the selection.

    (b) Award the design-build contract to the design-build team whose proposal is selected.

    (c) Partially reimburse the unsuccessful finalists if partial reimbursement was provided for in the request for preliminary proposals pursuant to paragraph (i) of subsection 2 of NRS 338.1723. The amount of reimbursement must not exceed, for each unsuccessful finalist, 3 percent of the total amount to be paid to the design-build team as set forth in the design-build contract.

    (d) Make available to the public a summary setting forth the factors used by the public body to select the successful design-build team and the ranking of the design-build teams who submitted final proposals. The public body shall not release to a third party, or otherwise make public, financial or proprietary information submitted by a design-build team.

    5.  A contract awarded pursuant to this section : [must specify:]

    (a) Must specify:

         (1) An amount that is the maximum amount that the public body will pay for the performance of all the work required by the contract, excluding any amount related to costs that may be incurred as a result of unexpected conditions or occurrences as authorized by the contract;

    [(b)] (2) An amount that is the maximum amount that the public body will pay for the performance of the professional services required by the contract; and

    [(c)] (3) A date by which performance of the work required by the contract must be completed.

    (b) May set forth the terms by which the design-build team agrees to name the public body, at the cost of the public body, as an additional insured in an insurance policy held by the design-build team.

    (c) Except as otherwise provided in paragraph (d), must not require the design professional to defend, indemnify or hold harmless the public body or the employees, officers or agents of that public body from any liability, damage, loss, claim, action or proceeding caused by the negligence, errors, omissions, recklessness or intentional misconduct of the employees, officers and agents of the public body.

    (d) May require the design-build team to defend, indemnify and hold harmless the public body, and the employees, officers and agents of the public body from any liabilities, damages, losses, claims, actions or proceedings, including, without limitation, reasonable attorneys’ fees, that are caused by the negligence, errors, omissions, recklessness or intentional misconduct of the design-build team or the employees or agents of the design-build team in the performance of the contract.


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    6.  Any provision of a contract that is in violation of paragraph (c) of subsection 5 is declared to be contrary to the public policy of this state and is void.

    7.  A design-build team to whom a contract is awarded pursuant to this section shall:

    (a) Assume overall responsibility for ensuring that the design and construction of the public work is completed in a satisfactory manner; and

    (b) Use the work force of the prime contractor on the design-build team to construct at least 15 percent of the public work.

    Sec. 5.  The amendatory provisions of this act do not apply to contracts entered into before October 1, 2001.

    Sec. 6.  1.  This section and sections 1, 2, 4 and 5 of this act become effective on October 1, 2001.

    2.  Sections 1, 2 and 4 of this act expire by limitation on October 1, 2003.

    3.  Section 3 of this act becomes effective at 12:01 a.m. on October 1, 2003.

________

 

CHAPTER 280, SB 336

Senate Bill No. 336–Committee on Judiciary

 

CHAPTER 280

 

AN ACT relating to arbitration; adopting the revision of the Uniform Arbitration Act that was adopted in 2000; providing for the transition from the present act to the act as revised; and providing other matters properly relating thereto.

 

[Approved: May 31, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 38 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 38, inclusive, of this act.

    Sec. 2.  This act may be cited as the Uniform Arbitration Act of 2000.

    Sec. 3.  As used in sections 2 to 37, inclusive, of this act, the words and terms defined in sections 4 to 8, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 4.  “Arbitral organization” means an association, agency, board, commission or other entity that is neutral and initiates, sponsors or administers an arbitral proceeding or is involved in the appointment of an arbitrator.

    Sec. 5.  “Arbitrator” means an individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate.

    Sec. 6.  “Court” means the district court.

    Sec. 7.  “Knowledge” means actual knowledge.

    Sec. 8.  “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

    Sec. 9.  1.  Except as otherwise provided in sections 2 to 37, inclusive, of this act, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice.


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    2.  A person has notice if he has knowledge of the notice or has received notice.

    3.  A person receives notice when it comes to his attention or the notice is delivered at his place of residence or place of business, or at another location held out by him as a place of delivery of such communications.

    Sec. 10.  1.  Sections 2 to 37, inclusive, of this act govern an agreement to arbitrate made on or after October 1, 2001.

    2.  Sections 2 to 37, inclusive, of this act govern an agreement to arbitrate made before October 1, 2001, if all the parties to the agreement or to the arbitral proceeding so agree in a record.

    3.  On or after October 1, 2003, sections 2 to 37, inclusive, of this act govern an agreement to arbitrate whenever made.

    Sec. 11.  1.  Except as otherwise provided in subsections 2 and 3, a party to an agreement to arbitrate or to an arbitral proceeding may waive, or the parties may vary the effect of, the requirements of sections 2 to 37, inclusive, of this act to the extent permitted by law.

    2.  Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement may not:

    (a) Waive or agree to vary the effect of the requirements of subsection 1 of section 12, subsection 1 of section 13, section 15, subsection 1 or 2 of section 24, section 33, or section 35 of this act;

    (b) Agree to unreasonably restrict the right under section 16 of this act to notice of the initiation of an arbitral proceeding;

    (c) Agree to unreasonably restrict the right under section 19 of this act to disclosure of any facts by a neutral arbitrator; or

    (d) Waive the right under section 23 of this act of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under sections 2 to 37, inclusive, of this act, but an employer and a labor organization may waive the right to representation by a lawyer in a labor arbitration.

    3.  A party to an agreement to arbitrate or arbitral proceeding may not waive, or the parties may not vary the effect of, the requirements of this section or subsection 1 or 3 of section 10, section 14, 21, 25, subsection 3 or 4 of section 27, section 29, 30, 31, subsection 1 or 2 of section 32, section 36, 37, 38 or 39 of this act.

    Sec. 12.  1.  Except as otherwise provided in section 35 of this act, an application for judicial relief under sections 2 to 37, inclusive, of this act must be made by motion to the court and heard in the manner provided by rule of court for making and hearing motions.

    2.  Unless a civil action involving the agreement to arbitrate is pending, notice of an initial motion to the court under sections 2 to 37, inclusive, of this act must be served in the manner provided by rule of court for the service of a summons in a civil action. Otherwise, notice of the motion must be given in the manner provided by rule of court for serving motions in pending cases.

    Sec. 13.  1.  An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract.

    2.  The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.


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    3.  An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable.

    4.  If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, the arbitral proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders.

    Sec. 14.  1.  On motion of a person showing an agreement to arbitrate and alleging another person’s refusal to arbitrate pursuant to the agreement:

    (a) If the refusing party does not appear or does not oppose the motion, the court shall order the parties to arbitrate; and

    (b) If the refusing party opposes the motion, the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate.

    2.  On motion of a person alleging that an arbitral proceeding has been initiated or threatened but that there is no agreement to arbitrate, the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate.

    3.  If the court finds that there is no enforceable agreement, it may not, pursuant to subsection 1 or 2, order the parties to arbitrate.

    4.  The court may not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established.

    5.  If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, a motion under this section must be made in that court. Otherwise a motion under this section may be made in any court as provided in section 34 of this act.

    6.  If a party makes a motion to the court to order arbitration, the court on just terms shall stay any judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section.

    7.  If the court orders arbitration, the court on just terms shall stay any judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, the court may limit the stay to that claim.

    Sec. 15.  1.  Before an arbitrator is appointed and is authorized and able to act, the court, upon motion of a party to an arbitral proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitral proceeding to the same extent and under the same conditions as if the controversy were the subject of a civil action.

    2.  After an arbitrator is appointed and is authorized and able to act:

    (a) The arbitrator may issue such orders for provisional remedies, including interim awards, as he finds necessary to protect the effectiveness of the arbitral proceeding and to promote the fair and expeditious resolution of the controversy, to the same extent and under the same conditions as if the controversy were the subject of a civil action; and

    (b) A party to an arbitral proceeding may move the court for a provisional remedy only if the matter is urgent and the arbitrator is not able to act timely or the arbitrator cannot provide an adequate remedy.


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    3.  A party does not waive a right of arbitration by making a motion under subsection 1 or 2.

    Sec. 16.  1.  A person initiates an arbitral proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by certified or registered mail, return receipt requested and obtained, or by service as authorized for the commencement of a civil action. The notice must describe the nature of the controversy and the remedy sought.

    2.  Unless a person objects for lack or insufficiency of notice under subsection 3 of section 22 of this act not later than the beginning of the arbitration hearing, by appearing at the hearing he waives any objection to lack of or insufficiency of notice.

    Sec. 17.  1.  Except as otherwise provided in subsection 3, upon motion of a party to an agreement to arbitrate or to an arbitral proceeding, the court may order consolidation of separate arbitral proceedings as to all or some of the claims if:

    (a) There are separate agreements to arbitrate or separate arbitral proceedings between the same persons or one of them is a party to a separate agreement to arbitrate or a separate arbitral proceeding with a third person;

    (b) The claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions;

    (c) The existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitral proceedings; and

    (d) Prejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of or hardship to parties opposing consolidation.

    2.  The court may order consolidation of separate arbitral proceedings as to some claims and allow other claims to be resolved in separate arbitral proceedings.

    3.  The court may not order consolidation of the claims of a party to an agreement to arbitrate if the agreement prohibits consolidation.

    Sec. 18.  1.  If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method must be followed, unless the method fails. If the parties have not agreed on a method, the agreed method fails, or an arbitrator appointed fails or is unable to act and a successor has not been appointed, the court, on motion of a party to the arbitral proceeding, shall appoint the arbitrator. An arbitrator so appointed has all the powers of an arbitrator designated in the agreement to arbitrate or appointed pursuant to the agreed method.

    2.  An individual who has a known, direct and material interest in the outcome of the arbitral proceeding or a known, existing and substantial relationship with a party may not serve as an arbitrator required by an agreement to be neutral.

    Sec. 19.  1.  Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitral proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the proceeding, including:

    (a) A financial or personal interest in the outcome of the arbitral proceeding; and


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ê2001 Statutes of Nevada, Page 1278 (Chapter 280, SB 336)ê

 

    (b) An existing or past relationship with any of the parties to the agreement to arbitrate or the arbitral proceeding, their counsel or representatives, a witness or another arbitrators.

    2.  An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and arbitral proceeding and to any other arbitrators any facts that he learns after accepting appointment which a reasonable person would consider likely to affect the impartiality of the arbitrator.

    3.  If an arbitrator discloses a fact required by subsection 1 or 2 to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based upon the fact disclosed, the objection may be a ground under paragraph (b) of subsection 1 of section 30 of this act for vacating an award made by the arbitrator.

    4.  If the arbitrator did not disclose a fact as required by subsection 1 or 2, upon timely objection by a party, the court under paragraph (b) of subsection 1 of section 30 of this act may vacate an award.

    5.  An arbitrator appointed as a neutral arbitrator who does not disclose a known, direct and material interest in the outcome of the arbitral proceeding or a known, existing and substantial relationship with a party is presumed to act with evident partiality for the purposes of paragraph (b) of subsection 1 of section 30 of this act.

    6.  If the parties to an arbitral proceeding agree to the procedures of an arbitral organization or any other procedures for challenges to arbitrators before an award is made, substantial compliance with those procedures is a condition precedent to a motion to vacate an award on that ground under paragraph (b) of subsection 1 of section 30 of this act.

    Sec. 20.  If there are two or more arbitrators, the powers of an arbitrator must be exercised by a majority of the arbitrators, but all of them shall conduct the hearing under subsection 3 of section 22 of this act.

    Sec. 21.  1.  An arbitrator or an arbitral organization acting in that capacity is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity.

    2.  The immunity afforded by this section supplements any immunity under other law.

    3.  The failure of an arbitrator to make a disclosure required by section 19 of this act does not cause any loss of immunity under this section.

    4.  In a judicial, administrative or similar proceeding, an arbitrator or representative of an arbitral organization is not competent to testify, and may not be required to produce records as to any statement, conduct, decision or ruling occurring during the arbitral proceeding, to the same extent as a judge of a court of this state acting in a judicial capacity. This subsection does not apply:

    (a) To the extent necessary to determine the claim of an arbitrator, arbitral organization or representative of the arbitral organization against a party to the arbitral proceeding; or

    (b) To a hearing on a motion to vacate an award under paragraph (a) or (b) of subsection 1 of section 30 of this act if the movant establishes prima facie that a ground for vacating the award exists.

    5.  If a person commences a civil action against an arbitrator, arbitral organization or representative of an arbitral organization arising from the services of the arbitrator, organization or representative or if a person seeks to compel an arbitrator or a representative of an arbitral organization to testify or produce records in violation of subsection 4, and the court decides that the arbitrator, arbitral organization or representative is immune from civil liability or that the arbitrator or representative is not competent to testify, the court shall award to the arbitrator, organization or representative reasonable attorney’s fees and other reasonable expenses of litigation.


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ê2001 Statutes of Nevada, Page 1279 (Chapter 280, SB 336)ê

 

organization to testify or produce records in violation of subsection 4, and the court decides that the arbitrator, arbitral organization or representative is immune from civil liability or that the arbitrator or representative is not competent to testify, the court shall award to the arbitrator, organization or representative reasonable attorney’s fees and other reasonable expenses of litigation.

    Sec. 22.  1.  An arbitrator may conduct an arbitration in such manner as he considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitral proceeding before the hearing and, among other matters, determine the admissibility, relevance, materiality and weight of any evidence.

    2.  An arbitrator may decide a request for summary disposition of a claim or particular issue:

    (a) If all interested parties agree; or

    (b) Upon request of one party to the arbitral proceeding if that party gives notice to all other parties to the proceeding, and the other parties have a reasonable opportunity to respond.

    3.  If an arbitrator orders a hearing, he shall set a time and place and give notice of the hearing not less than 5 days before the hearing begins. Unless a party to the arbitral proceeding makes an objection to lack or insufficiency of notice not later than the beginning of the hearing, his appearance at the hearing waives the objection. Upon request of a party to the arbitral proceeding and for good cause shown, or upon his own initiative, the arbitrator may adjourn the hearing from time to time as necessary but may not postpone the hearing to a time later than that fixed by the agreement to arbitrate for making the award unless the parties to the arbitral proceeding consent to a later date. The arbitrator may hear and decide the controversy upon the evidence produced although a party who was duly notified of the arbitral proceeding did not appear. The court, on request, may direct the arbitrator to conduct the hearing promptly and render a timely decision.

    4.  At a hearing held under subsection 3, a party to the arbitral proceeding has a right to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing.

    5.  If an arbitrator ceases or is unable to act during an arbitral proceeding, a replacement arbitrator must be appointed in accordance with section 18 of this act to continue the proceeding and to resolve the controversy.

    Sec. 23.  A party to an arbitral proceeding may be represented by a lawyer.

    Sec. 24.  1.  An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths. A subpoena must be served in the manner for service of subpoenas in a civil action and, upon motion to the court by a party to the arbitral proceeding or the arbitrator, enforced in the manner for enforcement of subpoenas in a civil action.

    2.  To make the proceedings fair, expeditious and cost effective, upon request of a party to or a witness in an arbitral proceeding, an arbitrator may permit a deposition of any witness to be taken for use as evidence at the hearing, including a witness who cannot be subpoenaed for or is unable to attend a hearing.


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unable to attend a hearing. The arbitrator shall determine the conditions under which the deposition is taken.

    3.  An arbitrator may permit such discovery as he decides is appropriate in the circumstances, taking into account the needs of the parties to the arbitral proceeding and other affected persons and the desirability of making the proceeding fair, expeditious and cost effective.

    4.  If an arbitrator permits discovery under subsection 3, he may order a party to the arbitral proceeding to comply with the arbitrator’s orders related to discovery, issue subpoenas for the attendance of a witness and for the production of records and other evidence at a proceeding for discovery, and take action against a noncomplying party to the extent a court could if the controversy were the subject of a civil action in this state.

    5.  An arbitrator may issue a protective order to prevent the disclosure of privileged information, confidential information, trade secrets and other information protected from disclosure to the extent a court could if the controversy were the subject of a civil action in this state.

    6.  All laws compelling a person under subpoena to testify and all fees for attending a judicial proceeding, a deposition or a proceeding for discovery as a witness apply to an arbitral proceeding as if the controversy were the subject of a civil action in this state.

    7.  The court may enforce a subpoena or order related to discovery for the attendance of a witness within this state and for the production of records and other evidence issued by an arbitrator in connection with an arbitral proceeding in another state upon conditions determined by the court so as to make the arbitral proceeding fair, expeditious and cost effective. A subpoena or order related to discovery issued by an arbitrator in another state must be served in the manner provided by rule of court for service of subpoenas in a civil action in this state and, upon motion to the court by a party to the arbitral proceeding or the arbitrator, enforced in the manner provided by rule of court for enforcement of subpoenas in a civil action in this state.

    Sec. 25.  If an arbitrator makes a pre-award ruling in favor of a party to an arbitral proceeding, the party may request the arbitrator to incorporate the ruling into an award under section 26 of this act. A prevailing party may make a motion to the court for an expedited order to confirm the award under section 29 of this act, in which case the court shall summarily decide the motion. The court shall issue an order to confirm the award unless the court vacates, modifies or corrects the award under section 30 or 31 of this act.

    Sec. 26.  1.  An arbitrator shall make a record of an award. The record must be signed or otherwise authenticated by an arbitrator who concurs with the award. The arbitrator or the arbitral organization shall give notice of the award, including a copy of the award, to each party to the arbitral proceeding.

    2.  An award must be made within the time specified by the agreement to arbitrate or, if not specified therein, within the time ordered by the court. The court may extend or the parties to the arbitral proceeding may agree in a record to extend the time. The court or the parties may do so within or after the time specified or ordered. A party waives any objection that an award was not timely made unless he gives notice of the objection to the arbitrator before receiving notice of the award.


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    Sec. 27.  1.  On motion to an arbitrator by a party to an arbitral proceeding, the arbitrator may modify or correct an award:

    (a) Upon a ground stated in paragraph (a) or (c) of subsection 1 of section 31 of this act;

    (b) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitral proceeding; or

    (c) To clarify the award.

    2.  A motion under to subsection 1 must be made and notice given to all parties within 20 days after the movant receives notice of the award.

    3.  A party to the arbitral proceeding must give notice of any objection to the motion within 10 days after receipt of the notice.

    4.  If a motion to the court is pending under section 29, 30 or 31 of this act, the court may submit the claim to the arbitrator to consider whether to modify or correct the award:

    (a) Upon a ground stated in paragraph (a) or (c) of subsection 1 of section 31 of this act;

    (b) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitral proceeding; or

    (c) To clarify the award.

    5.  An award modified or corrected pursuant to this section is subject to subsection 1 of section 26 of this act and to sections 29, 30 and 31 of this act.

    Sec. 28.  1.  An arbitrator may award reasonable attorney’s fees and other reasonable expenses of arbitration if such an award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitral proceeding.

    2.  As to all remedies other than those authorized by subsection 1, an arbitrator may order such remedies as he considers just and appropriate under the circumstances of the arbitral proceeding. The fact that such a remedy could not or would not be granted by the court is not a ground for refusing to confirm an award under section 29 of this act or for vacating an award under section 30 of this act.

    3.  An arbitrator’s expenses and fees, together with other expenses, must be paid as provided in the award.

    Sec. 29.  After a party to an arbitral proceeding receives notice of an award, he may make a motion to the court for an order confirming the award at which time the court shall issue a confirming order unless the award is modified or corrected pursuant to section 27 or 31 of this act or is vacated pursuant to section 30 of this act.

    Sec. 30.  1.  Upon motion to the court by a party to an arbitral proceeding, the court shall vacate an award made in the arbitral proceeding if:

    (a) The award was procured by corruption, fraud, or other undue means;

    (b) There was:

         (1) Evident partiality by an arbitrator appointed as a neutral arbitrator;

         (2) Corruption by an arbitrator; or

         (3) Misconduct by an arbitrator prejudicing the rights of a party to the arbitral proceeding;

    (c) An arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to section 22 of this act, so as to prejudice substantially the rights of a party to the arbitral proceeding;


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the controversy, or otherwise conducted the hearing contrary to section 22 of this act, so as to prejudice substantially the rights of a party to the arbitral proceeding;

    (d) An arbitrator exceeded his powers;

    (e) There was no agreement to arbitrate, unless the movant participated in the arbitral proceeding without raising the objection under subsection 3 of section 22 of this act not later than the beginning of the arbitral hearing; or

    (f) The arbitration was conducted without proper notice of the initiation of an arbitration as required in section 16 of this act so as to prejudice substantially the rights of a party to the arbitral proceeding.

    2.  A motion under this section must be made within 90 days after the movant receives notice of the award pursuant to section 26 of this act or within 90 days after he receives notice of a modified or corrected award pursuant to section 27 of this act, unless he alleges that the award was procured by corruption, fraud, or other undue means, in which case the motion must be made within 90 days after the ground is known or by the exercise of reasonable care would have been known by the movant.

    3.  If the court vacates an award on a ground other than that set forth in paragraph (e) of subsection 1, it may order a rehearing. If the award is vacated on a ground stated in paragraph (a) or (b) of subsection 1, the rehearing must be before a new arbitrator. If the award is vacated on a ground stated in paragraph (c), (d) or (f) of subsection 1, the rehearing may be before the arbitrator who made the award or his successor. The arbitrator must render the decision in the rehearing within the same time as that provided in subsection 2 of section 26 of this act for an award.

    4.  If the court denies a motion to vacate an award, it shall confirm the award unless a motion to modify or correct the award is pending.

    Sec. 31.  1.  Upon motion made within 90 days after the movant receives notice of the award pursuant to section 26 of this act or within 90 days after he receives notice of a modified or corrected award pursuant to section 27 of this act, the court shall modify or correct the award if:

    (a) There was an evident mathematical miscalculation or an evident mistake in the description of a person, thing or property referred to in the award;

    (b) The arbitrator has made an award on a claim not submitted to him and the award may be corrected without affecting the merits of the decision upon the claims submitted; or

    (c) The award is imperfect in a matter of form not affecting the merits of the decision on the claims submitted.

    2.  If a motion made under subsection 1 is granted, the court shall modify or correct and confirm the award as modified or corrected. Otherwise, unless a motion to vacate is pending, the court shall confirm the award.

    3.  A motion to modify or correct an award pursuant to this section may be joined with a motion to vacate the award.

    Sec. 32.  1.  Upon granting an order confirming, vacating without directing a rehearing, modifying or correcting an award, the court shall enter a judgment in conformity therewith. The judgment may be recorded, docketed and enforced as any other judgment in a civil action.

    2.  A court may allow reasonable costs of the motion and subsequent judicial proceedings.


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    3.  On application of a prevailing party to a contested judicial proceeding under section 29, 30 or 31 of this act, the court may add reasonable attorney’s fees and other reasonable expenses of litigation incurred in a judicial proceeding after the award is made to a judgment confirming, vacating without directing a rehearing, modifying or correcting an award.

    Sec. 33.  1.  A court of this state having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate.

    2.  An agreement to arbitrate providing for arbitration in this state confers exclusive jurisdiction on the court to enter judgment on an award under sections 2 to 37, inclusive, of this act.

    Sec. 34.  A motion pursuant to section 12 of this act must be made in the court of the county in which the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has been held, in the court of the county in which it was held. Otherwise, the motion may be made in the court of any county in which an adverse party resides or has a place of business or, if no adverse party has a residence or place of business in this state, in the court of any county in this state. All subsequent motions must be made in the court hearing the initial motion unless the court otherwise directs.

    Sec. 35.  1.  An appeal may be taken from:

    (a) An order denying a motion to compel arbitration;

    (b) An order granting a motion to stay arbitration;

    (c) An order confirming or denying confirmation of an award;

    (d) An order modifying or correcting an award;

    (e) An order vacating an award without directing a rehearing; or

    (f) A final judgment entered pursuant to sections 2 to 37, inclusive, of this act.

    2.  An appeal under this section must be taken as from an order or a judgment in a civil action.

    Sec. 36.  In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

    Sec. 37.  Sections 2 to 36, inclusive, of this act do not affect an action or proceeding commenced or right accrued before October 1, 2001. Subject to section 10 of this act, an agreement to arbitrate made before October 1, 2001, is governed by the provisions of NRS 38.015 to 38.205, inclusive, as they existed on that date.

    Sec. 38.  NRS 38.015 to 38.205, inclusive, do not apply to arbitration under an agreement to arbitrate made on or after October 1, 2001.

    Sec. 39.  NRS 38.330 is hereby amended to read as follows:

    38.330  1.  If all parties named in a written claim filed pursuant to NRS 38.320 agree to have the claim submitted for mediation, the parties shall reduce the agreement to writing and shall select a mediator from the list of mediators maintained by the division pursuant to NRS 38.340. Any mediator selected must be available within the geographic area. If the parties fail to agree upon a mediator, the division shall appoint a mediator from the list of mediators maintained by the division. Any mediator appointed must be available within the geographic area. Unless otherwise provided by an agreement of the parties, mediation must be completed within 60 days after the parties agree to mediation. Any agreement obtained through mediation conducted pursuant to this section must, within 20 days after the conclusion of mediation, be reduced to writing by the mediator and a copy thereof provided to each party.


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of mediation, be reduced to writing by the mediator and a copy thereof provided to each party. The agreement may be enforced as any other written agreement. Except as otherwise provided in this section, the parties are responsible for all costs of mediation conducted pursuant to this section.

    2.  If all the parties named in the claim do not agree to mediation, the parties shall select an arbitrator from the list of arbitrators maintained by the division pursuant to NRS 38.340. Any arbitrator selected must be available within the geographic area. If the parties fail to agree upon an arbitrator, the division shall appoint an arbitrator from the list maintained by the division. Any arbitrator appointed must be available within the geographic area. Upon appointing an arbitrator, the division shall provide the name of the arbitrator to each party.

    3.  The division may provide for the payment of the fees for a mediator or an arbitrator selected or appointed pursuant to this section from the account for the ombudsman for owners in common-interest communities created pursuant to NRS 116.1117, to the extent that money is available in the account for this purpose.

    4.  Except as otherwise provided in this section and except where inconsistent with the provisions of NRS 38.300 to 38.360, inclusive, the arbitration of a claim pursuant to this section must be conducted in accordance with the provisions of [NRS 38.075 to 38.105, inclusive, 38.115, 38.125, 38.135, 38.155 and 38.165.] sections 22, 23, 24, 26 to 29, inclusive, 31 and 32 of this act. At any time during the arbitration of a claim relating to the interpretation, application or enforcement of any covenants, conditions or restrictions applicable to residential property or any bylaws, rules or regulations adopted by an association, the arbitrator may issue an order prohibiting the action upon which the claim is based. An award must be made within 30 days after the conclusion of arbitration, unless a shorter period is agreed upon by the parties to the arbitration.

    5.  If all the parties have agreed to nonbinding arbitration, any party to the arbitration may, within 30 days after a decision and award have been served upon the parties, commence a civil action in the proper court concerning the claim which was submitted for arbitration. Any complaint filed in such an action must contain a sworn statement indicating that the issues addressed in the complaint have been arbitrated pursuant to the provisions of NRS 38.300 to 38.360, inclusive. If such an action is not commenced within that period, any party to the arbitration may, within 1 year after the service of the award, apply to the proper court for a confirmation of the award pursuant to [NRS 38.135.] section 29 of this act.

    6.  If all the parties agree in writing to binding arbitration, the arbitration must be conducted in accordance with the provisions of chapter 38 of NRS. An award procured pursuant to such arbitration may be vacated and a rehearing granted upon application of a party pursuant to the provisions of [NRS 38.145.] section 30 of this act.

    7.  If, after the conclusion of arbitration, a party:

    (a) Applies to have an award vacated and a rehearing granted pursuant to [NRS 38.145;] section 30 of this act; or

    (b) Commences a civil action based upon any claim which was the subject of arbitration,

the party shall, if he fails to obtain a more favorable award or judgment than that which was obtained in the initial arbitration, pay all costs and reasonable attorney’s fees incurred by the opposing party after the application for a rehearing was made or after the complaint in the civil action was filed.


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attorney’s fees incurred by the opposing party after the application for a rehearing was made or after the complaint in the civil action was filed.

    8.  Upon request by a party, the division shall provide a statement to the party indicating the amount of the fees for a mediator or an arbitrator selected or appointed pursuant to this section.

    9.  As used in this section, “geographic area” means an area within 150 miles from any residential property or association which is the subject of a written claim submitted pursuant to NRS 38.320.

    Sec. 40.  NRS 280.190 is hereby amended to read as follows:

    280.190  The committee shall:

    1.  Direct the department to prepare and shall approve an annual operating budget for the department.

    2.  Submit the budget to the governing bodies of the participating political subdivisions before April 1 for funding for the following fiscal year.

    3.  Direct the department to prepare and shall adopt the funding apportionment plan provided for in NRS 280.201 and submit the plan before February 1 to the governing bodies of the participating political subdivisions for approval. The governing bodies shall approve or reject the plan before March 1.

    4.  If any of the governing bodies fails to approve the apportionment plan, the plan or any disputed element thereof must be submitted to an arbitration panel for resolution. The governing body of each participating political subdivision shall name one arbitrator to the panel, who must reside within this state. If this results in an even number of arbitrators, the arbitrators so named shall, by majority vote, select an additional arbitrator, who must reside within this state and who shall serve as chairman of the panel. The department shall provide such advice and technical and clerical assistance as is requested by the panel. The panel must make its decision and submit it to the participating political subdivisions before April 1. When submitted, the decision is final and binding upon the participating political subdivisions. Except as otherwise provided in this section, the provisions of [the Uniform Arbitration Act contained in NRS 38.015 to 38.205, inclusive,] sections 2 to 37, inclusive, of this act apply.

    Sec. 41.  NRS 391.3194 is hereby amended to read as follows:

    391.3194  1.  Within 5 days after the superintendent receives the report of the hearing officer he shall either withdraw the recommendation to demote, dismiss or not reemploy the licensed employee or file his recommendation with the board.

    2.  Within 15 days after the receipt of the recommendation of the superintendent, the board shall either accept or reject the hearing officer’s recommendation and notify the licensed employee in writing of its decision.

    3.  The board may, before making a decision, refer the report back to the hearing officer for further evidence and recommendations. Within 15 days after the report is referred to him, the hearing officer shall complete the report and file it with the board and mail a copy to the superintendent and licensed employee.

    4.  The licensed employee may appeal the decision to a district court within the time limits and in the manner provided by law for appeals of administrative decisions of state agencies. If the report of the hearing officer is final and binding, the employee or the board may request judicial review of the report [pursuant to NRS 38.145 or 38.155.] in the manner provided in sections 30 and 31 of this act.


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    Sec. 42.  NRS 487.563 is hereby amended to read as follows:

    487.563  1.  Each person who submits an application for registration pursuant to the provisions of NRS 487.560 must include in the application a written statement to the department that specifies whether he agrees to submit to binding arbitration any claims against him arising out of a contract for repairs made by him to a motor vehicle. If the person fails to submit the statement to the department or specifies in the statement that he does not agree to arbitrate those claims, the person shall file with the department a bond in the amount of $5,000, with a corporate surety for the bond that is licensed to do business in this state. The form of the bond must be approved by the attorney general and be conditioned upon whether the applicant conducts his business as an owner or operator of a garage without fraud or fraudulent representation and in compliance with the provisions of NRS 487.035, 487.530 to 487.570, inclusive, and 597.480 to 597.590, inclusive.

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

    3.  In lieu of a bond required to be filed pursuant to the provisions of subsection 1, a person may deposit with the department, pursuant to the terms prescribed by the department:

    (a) A like amount of money or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the department; or

    (b) A savings certificate of a bank or savings and loan association located in this state, which must indicate an account of an amount equal to the amount of the bond that would otherwise be required pursuant to this section and that the amount is unavailable for withdrawal except upon order of the department. Interest earned on the certificate accrues to the account of the applicant.

    4.  If a claim is arbitrated pursuant to the provisions of this section, the proceedings for arbitration must be conducted in accordance with the provisions of [NRS 38.015 to 38.205, inclusive.] sections 2 to 37, inclusive, of this act.

    5.  If a person:

    (a) Submits the statement to the department specifying that he agrees to arbitrate a claim pursuant to the provisions of subsection 1; and

    (b) Fails to submit to binding arbitration any claim specified in that subsection,

the person asserting the claim may notify the department of that fact. Upon receipt of the notice, the department shall, after notice and hearing, revoke or refuse to renew the certificate of registration of the person who failed to submit the claim to arbitration.

    6.  The department may reinstate or renew a certificate of registration that is revoked pursuant to the provisions of subsection 5 if the person whose certificate of registration is revoked:

    (a) Submits the claim to arbitration pursuant to the provisions of subsection 4 and notifies the department of that fact; or

    (b) Files a bond or makes a deposit with the department pursuant to the provisions of this section.

    Sec. 43.  NRS 38.015, 38.025, 38.035, 38.045, 38.055, 38.065, 38.075, 38.085, 38.087, 38.095, 38.105, 38.115, 38.125, 38.135, 38.145, 38.155, 38.165, 38.175, 38.185, 38.195 and 38.205 are hereby repealed.


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    Sec. 44.  1.  This section and sections 1 to 38, inclusive, of this act become effective on October 1, 2001.

    2.  Sections 39 to 43, inclusive, of this act become effective on October 1, 2003.

    3.  Section 38 of this act expires by limitation on October 1, 2003.

________

 

CHAPTER 281, SB 349

Senate Bill No. 349–Committee on Finance

 

CHAPTER 281

 

AN ACT relating to the public employees’ retirement system; providing for benefits for a survivor beneficiary in certain circumstances; decreasing the number of years of service at which a police officer or fireman is eligible to retire regardless of age; revising the formula for calculating retirement allowances; and providing other matters properly relating thereto.

 

[Approved: May 31, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 286 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

    Sec. 2.  An unmarried member may designate, in writing, a survivor beneficiary to receive the payments provided pursuant to section 3, 4 or 5 of this act if the member is unmarried on the date of his death. A designation pursuant to this section must be made on a form approved by the executive officer.

    Sec. 3.  1.  The survivor beneficiary of a deceased member is entitled to receive a cumulative benefit of at least $450 per month. The payments must begin on the first day of the month immediately following the death of the member and must cease on the last day of the month in which the survivor beneficiary dies. If payments cease before the total amount of contributions made by the deceased member have been received by the survivor beneficiary, the surplus of contributions over payments received must be paid to the survivor beneficiary.

    2.  The benefits paid pursuant to this section are in addition to any benefits paid pursuant to NRS 286.673.

    3.  As used in this section, “survivor beneficiary” means a person designated pursuant to section 2 of this act.

    Sec. 4.  1.  Except as limited by subsection 3, the survivor beneficiary of a deceased member who had 10 or more years of accredited contributing service is entitled to receive a monthly allowance equivalent to that provided by:

    (a) Option 3 in NRS 286.590, if the deceased member had less than 15 years of service on the date of his death; or

    (b) Option 2 in NRS 286.590, if the deceased member had more than 15 years of service on the date of his death.

To apply the provisions of Options 2 and 3, the deceased member shall be deemed to have retired on the date of his death immediately after having named the survivor beneficiary as beneficiary pursuant to the applicable option. This benefit must be computed without any reduction for age for the deceased member.


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the deceased member. The benefits provided by this subsection must be paid to the survivor beneficiary for the remainder of the life of the survivor beneficiary.

    2.  The survivor beneficiary may elect to receive the benefits provided by any one of the following only:

    (a) This section;

    (b) Section 3 of this act; or

    (c) Section 6 of this act.

    3.  The benefits provided by paragraph (a) of subsection 1 may only be paid to the survivor beneficiary of a member who died on or after January 1, 2002.

    4.  As used in this section, “survivor beneficiary” means a person designated pursuant to section 2 of this act.

    Sec. 5.  1.  Except as limited by subsection 2, the survivor beneficiary of a deceased member who was fully eligible to retire, both as to service and age, is entitled to receive a monthly allowance equivalent to that provided by option 2 in NRS 286.590. This section does not apply to the survivor beneficiary of a member who was eligible to retire only pursuant to subsection 6 of NRS 286.510. For the purposes of applying the provisions of option 2, the deceased member shall be deemed to have retired on the date of his death immediately after having named the survivor beneficiary as beneficiary pursuant to option 2. The benefits provided by this section must be paid to the survivor beneficiary for the remainder of the life of the survivor beneficiary. The survivor beneficiary may elect to receive the benefits provided by any one of the following only:

    (a) This section;

    (b) Section 3 of this act;

    (c) Section 4 of this act; or

    (d) Section 6 of this act.

    2.  The benefits provided by this section may only be paid to the survivor beneficiary of a member who died on or after January 1, 2002.

    3.  As used in this section, “survivor beneficiary” means a person designated pursuant to section 2 of this act.

    Sec. 6.  1.  Any survivor beneficiary eligible for payments pursuant to the provisions of section 3 or 4 of this act may elect to waive payment of a monthly allowance and to receive instead in a lump sum a refund of all contributions to the public employees’ retirement fund or the police and firemen’s retirement fund made by a deceased member plus any contributions made by a public employer in lieu of the employee’s contributions, but if more than one person is eligible for benefits on account of the contributions of any one deceased member, no such lump sum payment may be made.

    2.  As used in this section, “survivor beneficiary” means a person designated pursuant to section 2 of this act.

    Sec. 7.  NRS 286.510 is hereby amended to read as follows:

    286.510  1.  Except as otherwise provided in subsections 2 and 3, a member of the system is eligible to retire at age 65 if he has at least 5 years of service, at age 60 if he has at least 10 years of service [,] and at any age if he has at least 30 years of service.

    2.  A police officer or fireman is eligible to retire at age 65 if he has at least 5 years of service, at age 55 if he has at least 10 years of service, at age 50 if he has at least 20 years of service [,] and at any age if he has at least [30] 25 years of service.


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[30] 25 years of service. Only service performed in a position as a police officer or fireman, established as such by statute or regulation, service performed pursuant to subsection 3 and credit for military service, may be counted toward eligibility for retirement pursuant to this subsection.

    3.  Except as otherwise provided in subsection 4, a police officer or fireman who has at least 5 years of service as a police officer or fireman and is otherwise eligible to apply for disability retirement pursuant to NRS 286.620 because of an injury arising out of and in the course of his employment remains eligible for retirement pursuant to subsection 2 if:

    (a) He applies to the board for disability retirement and the board approves his application;

    (b) In lieu of a disability retirement allowance, he accepts another position with the public employer with which he was employed when he became disabled as soon as practicable but not later than 90 days after the board approves his application for disability retirement;

    (c) He remains continuously employed by that public employer until he becomes eligible for retirement pursuant to subsection 2; and

    (d) After he accepts a position pursuant to paragraph (b), his contributions are paid at the rate that is actuarially determined for police officers and firemen until he becomes eligible for retirement pursuant to subsection 2.

    4.  If a police officer or fireman who accepted another position with the public employer with which he was employed when he became disabled pursuant to subsection 3 ceases to work for that public employer before becoming eligible to retire pursuant to subsection 2, he may begin to receive a disability retirement allowance without further approval by the board by notifying the board on a form prescribed by the board.

    5.  Eligibility for retirement, as provided in this section, does not require the member to have been a participant in the system at the beginning of his credited service.

    6.  Any member who has the years of creditable service necessary to retire but has not attained the required age, if any, may retire at any age with a benefit actuarially reduced to the required retirement age. Except as otherwise required as a result of NRS 286.537, a retirement benefit [under] pursuant to this subsection must be reduced by 4 percent of the unmodified benefit for each full year that the member is under the appropriate retirement age, and an additional 0.33 percent for each additional month that the member is under the appropriate retirement age. Any option selected [under] pursuant to this subsection must be reduced by an amount proportionate to the reduction provided in this subsection for the unmodified benefit. The board may adjust the actuarial reduction based upon an experience study of the system and recommendation by the actuary.

    Sec. 8.  NRS 286.551 is hereby amended to read as follows:

    286.551  Except as otherwise required as a result of NRS 286.535 or 286.537:

    1.  Except as otherwise provided in this subsection, a monthly service retirement allowance must be determined by multiplying a member’s average compensation by 2.5 percent for each year of service [,] earned before July 1, 2001, and 2.67 percent for each year of service earned on or after July 1, 2001, except that a member:

    (a) Who has an effective date of membership on or after July 1, 1985, is entitled to a benefit of not more than 75 percent of his average compensation with his eligibility for service credit ceasing at 30 years of service.


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    (b) Who has an effective date of membership before July 1, 1985, and retires on or after July 1, 1977, is entitled to a benefit of not more than 90 percent of his average compensation with his eligibility for service credit ceasing at 36 years of service.

In no case may the service retirement allowance determined pursuant to this section be less than the allowance to which the retired employee would have been entitled [under] pursuant to the provisions of this section which were in effect on the day before July 3, 1991.

    2.  For the purposes of this section, except as otherwise provided in subsection 3, “average compensation” means the average of a member’s 36 consecutive months of highest compensation as certified by the public employer.

    3.  The average compensation of a member who has a break in service or partial months of compensation, or both, as a result of service as a legislator during a regular or special session of the Nevada legislature must be calculated on the basis of the average of his 36 consecutive months of highest compensation as certified by his public employer excluding each month during any part of which the legislature was in session. This subsection does not affect the computation of years of service.

    4.  The retirement allowance for a regular part-time employee must be computed from the salary which he would have received as a full-time employee if it results in greater benefits for the employee. A regular part-time employee is a person who works half time or more, but less than full time:

    (a) According to the regular schedule established by the employer for his position; and

    (b) Pursuant to an established agreement between the employer and the employee.

    Sec. 9.  NRS 286.672 is hereby amended to read as follows:

    286.672  1.  Except as otherwise provided in subsection 3, if a deceased member had 2 years of accredited contributing service in the 2 1/2 years immediately preceding his death or was a regular, part-time employee who had 2 or more years of creditable contributing service before and at least 1 day of contributing service within 6 months immediately preceding his death, or if the employee had 10 or more years of accredited contributing service, certain of his dependents are eligible for payments as provided in NRS 286.671 to 286.679, inclusive [.] , and sections 2 to 6, inclusive, of this act. If the death of the member resulted from a mental or physical condition which required him to leave the employ of a participating public employer or go on leave without pay, eligibility pursuant to the provisions of this section extends for 18 months after his termination or commencement of leave without pay.

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

    3.  If the death of a member is caused by an occupational disease or an accident arising out of and in the course of his employment, no prior contributing service is required to make his dependents eligible for payments [under] pursuant to NRS 286.671 to 286.679, inclusive, and sections 2 to 6, inclusive, of this act, except that this subsection does not apply to an accident occurring while the member is traveling between his home and his principal place of employment or to an accident or occupational disease arising out of employment for which no contribution is made.


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principal place of employment or to an accident or occupational disease arising out of employment for which no contribution is made.

    4.  As used in this section, “dependent” includes a survivor beneficiary designated pursuant to section 2 of this act.

    Sec. 10.  NRS 286.677 is hereby amended to read as follows:

    286.677  If payments or refunds are not made [under] pursuant to the provisions of NRS 286.673, 286.674 , [or] 286.676, or section 3 or 4 of this act, the dependent parent of a deceased member is entitled to receive a cumulative benefit of at least $400 per month, and if there are two dependent parents, each is entitled to receive a cumulative benefit of at least $400 per month. Payments to any parent [under] pursuant to this section must cease upon the death of that parent.

    Sec. 11.  NRS 286.6775 is hereby amended to read as follows:

    286.6775  The amount of each monthly allowance paid since May 19, 1977, as specified in NRS 286.673 to 286.677, inclusive, and sections 3, 4 and 5 of this act shall not exceed the deceased member’s average compensation and shall be reduced by the amount of any other benefit received from any source:

    1.  If that benefit was provided or purchased by the expenditure of money by a public employer in this state, except for lump sum payments under a group insurance program; and

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

    Sec. 12.  NRS 286.679 is hereby amended to read as follows:

    286.679  1.  If payments to a beneficiary [under] pursuant to NRS 286.671 to 286.679, inclusive, and sections 2 to 6, inclusive, of this act, cease before the total contributions of a deceased member have been paid in benefits, and there is no person entitled to receive such benefits [under] pursuant to any provision of this chapter, the surplus of such contributions over the benefits actually received may be paid in a lump sum to:

    (a) The beneficiary whom the deceased member designated for this purpose in writing on a form approved by the system.

    (b) If no such designation was made or the person designated is deceased, the beneficiary who previously received the payments.

    (c) If no payment may be made pursuant to paragraphs (a) and (b), the persons entitled as heirs or residuary legatees to the estate of the deceased member.

    2.  A lump-sum payment made pursuant to this section fully discharges the obligations of the system.

    Sec. 13.  NRS 286.6793 is hereby amended to read as follows:

    286.6793  1.  [Retirement allowances for members who are] The retirement allowance for a member who:

    (a) Ceased being an active member before July 1, 1989, vested on the date that the employee completed 10 years of accredited contributing service; and

    (b) Is active on or after July 1, 1989, [become] becomes vested on the date that the employee completes 5 years of accredited contributing service.

    2.  Benefits for survivors offered pursuant to this chapter become vested on the date that the employee completes 10 years of accredited contributing service or becomes entitled to begin receiving benefits or on the date of his death, whichever event occurs first.


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

ê2001 Statutes of Nevada, Page 1292 (Chapter 281, SB 349)ê

 

    3.  Unless otherwise specifically provided by the amendatory act, any change in the provisions of this chapter is retroactive for all service of any member before the date of vesting, but no change may impair any vested allowance or benefit.

    4.  [Any person employed by the state or its political subdivisions who is a participating member of the system on or after July 1, 1989, who has been employed for a period of 5 or more years, who leaves the employ of the state or its political subdivisions before the attainment of the minimum service retirement age and who has not received a refund of his employee contributions, upon reaching the minimum service retirement age applicable to his years of service credit, may receive the same benefits to which he would otherwise have been entitled had he continued membership in the system.

    5.]  Upon the termination or partial termination of the system:

    (a) Except as otherwise provided in paragraph (b), all accrued benefits that are funded become 100 percent vested and nonforfeitable.

    (b) A member who receives his vested accrued benefits in a complete cash distribution before the termination is not entitled to the vesting of any benefits which have been forfeited.

    Sec. 14.  NRS 1.365 is hereby amended to read as follows:

    1.365  All of the following claims must be submitted to the court administrator, who shall act as administrative officer in processing the claims:

    1.  Claims of justices of the supreme court [under] pursuant to NRS 2.050 and 2.060.

    2.  Claims [of surviving spouses of justices of the supreme court under] pursuant to NRS 2.070 [.] and section 15 of this act.

    3.  Claims of judges of the district courts [under] pursuant to NRS 3.030 and 3.090.

    4.  Claims [of surviving spouses of judges of the district courts under] pursuant to NRS 3.095 [.] and section 16 of this act.

    Sec. 15.  Chapter 2 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If a justice of the supreme court at the time of his death had retired and was then receiving a pension pursuant to the provisions of NRS 2.060, or if at the time of his death the justice had not retired but had performed sufficient service for retirement pursuant to the provisions of NRS 2.060, the survivor beneficiary, if the survivor beneficiary has attained the age of 60 years, is entitled, until his death, to receive monthly payments of $2,500 per month.

    2.  If a survivor beneficiary of a justice is not eligible to receive benefits pursuant to subsection 1, he is entitled, until his death or until he becomes eligible to receive those benefits, to receive payments equal in amount to the payment provided in subsection 1 of section 3 of this act for the survivor beneficiary of a deceased member of the public employees’ retirement system.

    3.  To obtain these benefits, the survivor beneficiary must make application to the board, commission or authority entrusted with the administration of the judges’ pensions and furnish such information as may be required pursuant to reasonable regulations adopted for the purpose of carrying out the intent of this section.


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

ê2001 Statutes of Nevada, Page 1293 (Chapter 281, SB 349)ê

 

    4.  Any person receiving a benefit pursuant to the provisions of this section is entitled to receive post-retirement increases equal to those provided for persons retired pursuant to the public employees’ retirement system.

    5.  It is the intent of this section that no special fund be created for the purpose of paying these benefits, and all payments made pursuant to the provisions of this section are to be made out of and charged to any fund created for the purpose of paying pension benefits to justices of the supreme court.

    6.  As used in this section, “survivor beneficiary” means a person designated pursuant to section 2 of this act.

    Sec. 16.  Chapter 3 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If a district judge at the time of his death had retired and was then receiving a pension pursuant to the provisions of NRS 3.090, or if at the time of his death the judge had not retired but had performed sufficient service for retirement pursuant to the provisions of NRS 3.090, the survivor beneficiary, if the survivor beneficiary has attained the age of 60 years, is entitled, until his death, to receive monthly payments of $2,500 per month.

    2.  If a survivor beneficiary of a judge is not eligible to receive benefits pursuant to subsection 1, he is entitled, until his death or until he becomes eligible to receive those benefits, to receive payments equal in amount to the payment provided in subsection 1 of section 3 of this act for the survivor beneficiary of a deceased member of the public employees’ retirement system.

    3.  To obtain these benefits, the survivor beneficiary must make application to the board, commission or authority entrusted with the administration of the judges’ pensions and furnish such information as may be required pursuant to reasonable regulations adopted for the purpose of carrying out the intent of this section.

    4.  Any person receiving a benefit pursuant to the provisions of this section is entitled to receive post-retirement increases equal to those provided for persons retired pursuant to the public employees’ retirement system.

    5.  It is the intent of this section that no special fund be created for the purpose of paying these benefits, and all payments made pursuant to the provisions of this section are to be made out of and charged to any fund created for the purpose of paying pension benefits to district judges.

    6.  As used in this section, “survivor beneficiary” means a person designated pursuant to section 2 of this act.

    Sec. 17.  NRS 218.2392 is hereby amended to read as follows:

    218.2392  1.  The provisions of NRS 286.671 to 286.679, inclusive, and sections 2 to 6, inclusive, of this act, except NRS 286.6775, relating to benefits for survivors [under] pursuant to the public employees’ retirement system, are applicable to a legislator’s dependents, and such benefits for survivors shall be paid by the board following the death of a legislator to the persons entitled thereto from the legislators’ retirement fund.

    2.  It is declared that of the contributions required by subsections 1 and 2 of NRS 218.2387 , one-half of 1 percent shall be regarded as costs incurred in benefits for survivors.


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

ê2001 Statutes of Nevada, Page 1294 (Chapter 281, SB 349)ê

 

    Sec. 18.  1.  This section and sections 7, 8 and 13 of this act become effective on July 1, 2001.

    2.  Sections 1 to 6, inclusive, 9 to 12, inclusive, and 14 to 17, inclusive, of this act become effective on January 1, 2002.

________

 

CHAPTER 282, SB 528

Senate Bill No. 528–Committee on Taxation

 

CHAPTER 282

 

AN ACT relating to taxation; clarifying the provisions relating to the taxation of medical devices sold to governmental entities; and providing other matters properly relating thereto.

 

[Approved: May 31, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 372 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  In administering the provisions of NRS 372.325, the department shall apply the exemption to the sale of a medical device to a governmental entity that is exempt pursuant to that section without regard to whether the person using the medical device or the governmental entity that purchased the device is deemed to be the holder of title to the device if:

    (a) The medical device was ordered or prescribed by a provider of health care, within his scope of practice, for use by the person to whom it is provided;

    (b) The medical device is covered by Medicaid or Medicare; and

    (c) The purchase of the medical device is made pursuant to a contract between the governmental entity that purchases the medical device and the person who sells the medical device to the governmental entity.

    2.  As used in this section:

    (a) “Medicaid” means the program established pursuant to Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., to provide assistance for part or all of the cost of medical care rendered on behalf of indigent persons.

    (b) “Medicare” means the program of health insurance for aged and disabled persons established pursuant to Title XVIII of the Social Security Act, 42 U.S.C. §§ 1395 et seq.

    (c) “Provider of health care” means a physician licensed pursuant to chapter 630, 630A or 633 of NRS, dentist, licensed nurse, dispensing optician, optometrist, practitioner of respiratory care, registered physical therapist, podiatric physician, licensed psychologist, licensed audiologist, licensed speech pathologist, licensed hearing aid specialist, licensed marriage and family therapist, chiropractor or doctor of Oriental medicine in any form.

    Sec. 2.  Chapter 374 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  In administering the provisions of NRS 374.330, the department shall apply the exemption to the sale of a medical device to a governmental entity that is exempt pursuant to that section without regard to whether the person using the medical device or the governmental entity that purchased the device is deemed to be the holder of title to the device if:


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

ê2001 Statutes of Nevada, Page 1295 (Chapter 282, SB 528)ê

 

person using the medical device or the governmental entity that purchased the device is deemed to be the holder of title to the device if:

    (a) The medical device was ordered or prescribed by a provider of health care, within his scope of practice, for use by the person to whom it is provided;

    (b) The medical device is covered by Medicaid or Medicare; and

    (c) The purchase of the medical device is made pursuant to a contract between the governmental entity that purchases the medical device and the person who sells the medical device to the governmental entity.

    2.  As used in this section:

    (a) “Medicaid” means the program established pursuant to Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., to provide assistance for part or all of the cost of medical care rendered on behalf of indigent persons.

    (b) “Medicare” means the program of health insurance for aged and disabled persons established pursuant to Title XVIII of the Social Security Act, 42 U.S.C. §§ 1395 et seq.

    (c) “Provider of health care” means a physician licensed pursuant to chapter 630, 630A or 633 of NRS, dentist, licensed nurse, dispensing optician, optometrist, practitioner of respiratory care, registered physical therapist, podiatric physician, licensed psychologist, licensed audiologist, licensed speech pathologist, licensed hearing aid specialist, licensed marriage and family therapist, chiropractor or doctor of Oriental medicine in any form.

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

________

 

CHAPTER 283, SB 533

Senate Bill No. 533–Committee on Natural Resources

 

CHAPTER 283

 

AN ACT relating to the control of air pollution; authorizing the control officer of a local air pollution control board to request the initiation of certain proceedings regarding the enforcement of certain laws pertaining to the control of air pollution; and providing other matters properly relating thereto.

 

[Approved: May 31, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 445B.460 is hereby amended to read as follows:

    445B.460  1.  If , in the judgment of the director, any person is engaged in or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of NRS 445B.100 to 445B.640, inclusive, or any rule, regulation, order or operating permit issued [under] pursuant to NRS 445B.100 to 445B.640, inclusive, the director may request that the attorney general [to] apply to the district court for an order enjoining [such] the act or practice, or for an order directing compliance with any provision of NRS 445B.100 to 445B.640, inclusive, or any rule, regulation, order or operating permit issued [under] pursuant to NRS 445B.100 to 445B.640, inclusive.


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

ê2001 Statutes of Nevada, Page 1296 (Chapter 283, SB 533)ê

 

    2.  If, in the judgment of the control officer of a local air pollution control board, any person is engaged in or is about to engage in such an act or practice, the control officer may request that the district attorney of the county in which the act or practice is being engaged in or is about to be engaged in apply to the district court for such an order.

    3.  Upon a showing by the director or the control officer that [such] a person has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order or other appropriate order may be granted by the court.

    Sec. 2.  NRS 445B.470 is hereby amended to read as follows:

    445B.470  1.  A person shall not knowingly:

    (a) Violate any applicable provision, the terms or conditions of any permit or any provision for the filing of information;

    (b) Fail to pay any fee;

    (c) Falsify any material statement, representation or certification in any notice or report; or

    (d) Render inaccurate any monitoring device or method,

required pursuant to the provisions of NRS 445B.100 to 445B.450, inclusive, or 445B.470 to 445B.640, inclusive, or any regulation adopted pursuant to those provisions.

    2.  Any person who violates any provision of subsection 1 shall be punished by a fine of not more than $10,000 for each day of the violation.

    3.  The burden of proof and degree of knowledge required to establish a violation of subsection 1 are the same as those required by 42 U.S.C. § 7413(c), as that section [exists] existed on October 1, 1993.

    4.  If, in the judgment of the director of the department or his designee, any person is engaged in any act or practice which constitutes a criminal offense [under] pursuant to NRS 445B.100 to 445B.640, inclusive, the director of the department or his designee may request that the attorney general or the district attorney of the county in which the criminal offense is alleged to have occurred [to] institute by indictment or information a criminal prosecution of the person.

    5.  If, in the judgment of the control officer of a local air pollution control board, any person is engaged in such an act or practice, the control officer may request that the district attorney of the county in which the criminal offense is alleged to have occurred institute by indictment or information a criminal prosecution of the person.

    Sec. 3.  NRS 445B.500 is hereby amended to read as follows:

    445B.500  1.  Except as otherwise provided in this section and in NRS 445B.310:

    (a) The district board of health, county board of health or board of county commissioners in each county whose population is 100,000 or more shall establish a program for the control of air pollution and administer the program within its jurisdiction unless superseded.

    (b) The program must:

         (1) Include standards for the control of emissions, emergency procedures and variance procedures established by ordinance or local regulation which are equivalent to or stricter than those established by statute or state regulation; and

         (2) Provide for adequate administration, enforcement, financing and staff.


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

ê2001 Statutes of Nevada, Page 1297 (Chapter 283, SB 533)ê

 

    (c) The district board of health, county board of health or board of county commissioners is designated as the air pollution control agency of the county for the purposes of NRS 445B.100 to 445B.640, inclusive, and the federal act insofar as it pertains to local programs, and that agency is authorized to take all action necessary to secure for the county the benefits of the federal act.

    (d) Powers and responsibilities provided for in NRS 445B.210, 445B.240 to [445B.450,] 445B.470, inclusive, 445B.560, 445B.570, 445B.580 and 445B.640 are binding upon and inure to the benefit of local air pollution control authorities within their jurisdiction.

    2.  The local air pollution control board shall carry out all provisions of NRS 445B.215 with the exception that notices of public hearings must be given in any newspaper, qualified pursuant to the provisions of chapter 238 of NRS, once a week for 3 weeks. The notice must specify with particularity the reasons for the proposed regulations and provide other informative details. NRS 445B.215 does not apply to the adoption of existing regulations upon transfer of authority as provided in NRS 445B.610.

    3.  In a county whose population is 400,000 or more, the local air pollution control board may delegate to an independent hearing officer or hearing board its authority to determine violations and levy administrative penalties for violations of the provisions of NRS 445B.100 to 445B.450, inclusive, and 445B.500 to 445B.640, inclusive, or any regulation adopted pursuant to those sections. If such a delegation is made, 17.5 percent of any penalty collected must be deposited in the county treasury in an account to be administered by the local air pollution control board to a maximum of $17,500 per year. The money in the account may only be used to defray the administrative expenses incurred by the local air pollution control board in enforcing the provisions of NRS 445B.100 to 445B.640, inclusive. The remainder of the penalty must be deposited in the county school district fund of the county where the violation occurred.

    4.  Any county whose population is less than 100,000 or any city may meet the requirements of this section for administration and enforcement through cooperative or interlocal agreement with one or more other counties, or through agreement with the state, or may establish its own program for the control of air pollution. If the county establishes such a program, it is subject to the approval of the commission.

    5.  No district board of health, county board of health or board of county commissioners may adopt any regulation or establish a compliance schedule, variance order or other enforcement action relating to the control of emissions from plants which generate electricity by using steam produced by the burning of fossil fuel.

    6.  For the purposes of this section, “plants which generate electricity by using steam produced by the burning of fossil fuel” means plants that burn fossil fuels in a boiler to produce steam for the production of electricity. The term does not include any plant which uses technology for a simple or combined cycle combustion turbine, regardless of whether the plant includes duct burners.

    Sec. 4.  This act becomes effective on July 1, 2001.

________

 


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

ê2001 Statutes of Nevada, Page 1298ê

 

CHAPTER 284, AB 253

Assembly Bill No. 253–Assemblymen Cegavske, Hettrick, Von Tobel, Brown, Anderson, Angle, Arberry, Bache, Berman, Brower, Buckley, Carpenter, Chowning, Claborn, Collins, de Braga, Dini, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Neighbors, Nolan, Oceguera, Parks, Parnell, Perkins, Price, Smith, Tiffany and Williams

 

Joint Sponsors: Senators O’Donnell, Neal, Carlton, McGinness, Titus and Washington

 

CHAPTER 284

 

AN ACT relating to intercollegiate athletics; requiring the registration of athletes’ agents; requiring the secretary of state to adopt regulations establishing the fees for registration; regulating communication and contracts between athletes and agents; prohibiting certain conduct by athletes’ agents; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 31, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 398 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 25, inclusive, of this act.

    Sec. 2.  As used in NRS 398.075, 398.085 and 398.095, and sections 2 to 25, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 398.075 and sections 3 to 12, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 3.  “Athlete’s agent” means a natural person who enters into a contract of agency with a student athlete or, directly or indirectly, recruits or solicits a student athlete to enter into such a contract. The term includes a natural person who represents to the public that he is an athlete’s agent. The term does not include a spouse, parent, sibling, grandparent or guardian of the student athlete or a natural person acting solely on behalf of a professional sports team or sports organization.

    Sec. 4.  “Athletic director” means a natural person responsible for administering the overall athletic program of an institution or, if an institution has separately administered athletic programs for male students and female students, the athletic program for males or for females, as appropriate.

    Sec. 5.  “Contract for endorsement” means an agreement under which a student athlete is employed to use, or receives consideration for using, on behalf of the other party any value that the student athlete may have because of publicity, reputation, following or fame obtained because of athletic ability or performance.

    Sec. 6.  “Contract for professional sports services” means an agreement under which a natural person is employed, or agrees to render services, as a player on a professional sports team, with a professional sports organization or as a professional athlete.


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

ê2001 Statutes of Nevada, Page 1299 (Chapter 284, AB 253)ê

 

    Sec. 7.  “Contract of agency” means an agreement in which a student athlete authorizes a person to negotiate or solicit on his behalf a contract for endorsement or a contract for professional sports services.

    Sec. 8.  “Intercollegiate sport” means a sport played at the collegiate level for which the requirements of eligibility for participation by a student athlete are established by a national association for the promotion or regulation of collegiate athletics.

    Sec. 9.  “Person” includes a government and a governmental subdivision, agency or instrumentality.

    Sec. 10.  “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

    Sec. 11.  “Registration” means registration as an athlete’s agent pursuant to this chapter.

    Sec. 12.  “State” includes the District of Columbia, the United States Virgin Islands and any territory or insular possession subject to the jurisdiction of the United States.

    Sec. 13.  The provisions of NRS 398.075, 398.085 and 398.095, and sections 2 to 25, inclusive, of this act may be cited as the Uniform Athletes’ Agents Act.

    Sec. 14.  1.  By acting as an athlete’s agent in this state, a nonresident natural person appoints the secretary of state as his agent for service of process in any civil action in this state related to his acting as an athlete’s agent in this state.

    2.  The secretary of state may issue subpoenas for any material that is relevant to the administration of the Uniform Athletes’ Agents Act.

    Sec. 15.  1.  Except as otherwise provided in subsection 2, a person shall not act as an athlete’s agent in this state without holding a certificate of registration under section 18 or 20 of this act.

    2.  Before being issued a certificate of registration, a person may act as an athlete’s agent in this state for all purposes except signing a contract of agency if:

    (a) A student athlete or another person acting on his behalf initiates communication with the person so acting; and

    (b) Within 7 days after an initial act as an athlete’s agent, the person so acting submits an application for registration.

    3.  A contract of agency resulting from conduct in violation of this section is void and the athlete’s agent shall return any consideration received under the contract.

    Sec. 16.  An applicant for registration shall submit an application to the secretary of state in a form prescribed by him. The application must be accompanied by the appropriate fee established by the secretary of state pursuant to section 21 of this act. An application filed pursuant to this section is a public record. The application must be in the name of a natural person and, except as otherwise provided in section 17 of this act, be signed or otherwise authenticated by the applicant under penalty of perjury and state or contain:

    1.  The name of the applicant and the address of his principal place of business;

    2.  The name of the applicant’s business or employer, if applicable;

    3.  Any business or occupation engaged in by the applicant for the 5 years next preceding the date of submission of the application;


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

ê2001 Statutes of Nevada, Page 1300 (Chapter 284, AB 253)ê

 

    4.  A description of the applicant’s:

    (a) Formal training as an athlete’s agent;

    (b) Practical experience as an athlete’s agent; and

    (c) Educational background relating to his activities as an athlete’s agent;

    5.  The names and addresses of three natural persons not related to the applicant who are willing to serve as references;

    6.  The name, sport and last known team for each person for whom the applicant acted as an athlete’s agent during the 5 years next preceding the date of submission of the application;

    7.  The names and addresses of all person who are:

    (a) With respect to the athlete’s agent’s business if it is not a corporation, the partners, members, officers, managers, associates or sharers of profits of the business; and

    (b) With respect to a corporation employing the athlete’s agent, the officers, directors and shareholders having an interest of 5 percent or more;

    8.  Whether the applicant or any person named pursuant to subsection 7 has been convicted of a crime that, if committed in this state, would be a crime involving moral turpitude or a felony, and identify the crime;

    9.  Whether there has been any administrative or judicial determination that the applicant or any person named pursuant to subsection 7 has made a false, misleading, deceptive or fraudulent representation;

    10.  Any instance in which the conduct of the applicant or any person named pursuant to subsection 7 resulted in the imposition of a sanction, suspension or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event on a student athlete or an institution;

    11.  Any sanction, suspension or disciplinary action taken against the applicant or any person named pursuant to subsection 7 arising out of occupational or professional conduct; and

    12.  Whether there has been any denial of an application for, suspension or revocation of, or refusal to renew, the registration or licensure of the applicant or any person named pursuant to subsection 7 as an athlete’s agent in any state.

    Sec. 17.  A natural person who has submitted an application for, and holds a certificate of, registration or licensure as an athlete’s agent in another state may submit a copy of the application and certificate instead of submitting an application in the form prescribed under section 16 of this act. The copy of the application and certificate must be accompanied by the appropriate fee established by the secretary of state pursuant to section 21 of this act. The secretary of state shall accept the copy of the application and certificate from the other state as an application for registration in this state if the application to the other state:

    1.  Was submitted to the other state within 6 months next preceding the submission of the application in this state and the applicant certifies that the information contained in the application is current;

    2.  Contains information substantially similar to or more comprehensive than that required in an application submitted in this state; and

    3.  Was signed by the applicant under penalty of perjury.


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

ê2001 Statutes of Nevada, Page 1301 (Chapter 284, AB 253)ê

 

    Sec. 18.  1.  Except as otherwise provided in subsection 2, the secretary of state shall issue a certificate of registration to a natural person who complies with section 16 of this act or whose application has been accepted under section 17 of this act.

    2.  The secretary of state may refuse to issue a certificate of registration if he determines that the applicant has engaged in conduct that has a significant adverse effect on his fitness to act as an athlete’s agent. In making this determination, the secretary of state may consider whether the applicant has:

    (a) Been convicted of a crime that, if committed in this state, would be a crime involving moral turpitude or a felony;

    (b) Made a materially false, misleading, deceptive or fraudulent representation in his application or as an athlete’s agent;

    (c) Engaged in conduct that would disqualify him from serving in a fiduciary capacity;

    (d) Engaged in conduct prohibited by section 25 of this act;

    (e) Had registration or licensure as an athlete’s agent suspended, revoked or denied, or been refused renewal of registration or licensure as an athlete’s agent, in any state;

    (f) Engaged in conduct whose consequence was that a sanction, suspension or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event was imposed on a student athlete or an institution; or

    (g) Engaged in conduct that significantly adversely reflects on his credibility, honesty or integrity.

    3.  In making a determination pursuant to subsection 2, the secretary of state shall consider:

    (a) How recently the conduct occurred;

    (b) The nature of the conduct and the context in which it occurred; and

    (c) Any other relevant conduct of the applicant.

    Sec. 19.  1.  An athlete’s agent may apply to renew a registration by submitting an application for renewal in a form prescribed by the secretary of state. The application must be accompanied by the appropriate fee established by the secretary of state pursuant to section 21 of this act. An application filed pursuant to this section is a public record. The application for renewal must be signed by the applicant under penalty of perjury and must contain current information on all matters required for an original registration.

    2.  A natural person who has submitted an application for renewal of registration or licensure in another state, instead of submitting an application for renewal in the form prescribed pursuant to subsection 1, may file a copy of the application and a valid certificate of registration or licensure from the other state. The copy of the application and certificate must be accompanied by the appropriate fee established by the secretary of state pursuant to section 21 of this act. The secretary of state shall accept the copy of the application and certificate from the other state as an application for renewal in this state if the application to the other state:

    (a) Was submitted in the other state within 6 months next preceding the filing in this state and the applicant certifies that the information contained in the application is current;


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

ê2001 Statutes of Nevada, Page 1302 (Chapter 284, AB 253)ê

 

    (b) Contains information substantially similar to or more comprehensive than that required in an application for renewal submitted in this state; and

    (c) Was signed by the applicant under penalty of perjury.

    3.  A certificate of registration or a renewal of registration is valid for 2 years.

    Sec. 20.  1.  The secretary of state may suspend, revoke or refuse to renew a registration for conduct that would have justified denial of registration under subsection 2 of section 18 of this act.

    2.  The secretary of state may issue a temporary certificate of registration while an application for registration or renewal of registration is pending.

    Sec. 21.  1.  The secretary of state shall adopt regulations establishing fees for:

    (a) An initial application for registration;

    (b) An application for registration based upon a certificate of registration or licensure issued by another state;

    (c) An application for renewal of registration; and

    (d) An application for renewal of registration based upon an application for renewal of registration or licensure submitted in another state.

    2.  The fees must be sufficient to cover the costs of administration of the Uniform Athletes’ Agents Act.

    Sec. 22.  1.  Within 72 hours after entering into a contract of agency or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete’s agent shall give notice, in a record, of the existence of the contract to the athletic director of the institution at which the student athlete is enrolled or the athlete’s agent has reasonable ground to believe the student athlete intends to enroll.

    2.  Within 72 hours after entering into a contract of agency or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the student athlete shall inform the athletic director of the institution at which he is enrolled that he has entered into the contract.

    Sec. 23.  1.  A student athlete may cancel a contract of agency by giving notice of the cancellation to the athlete’s agent in a record within 14 days after the contract is signed.

    2.  A student athlete may not waive the right to cancel a contract of agency.

    3.  If a student athlete cancels a contract of agency, he is not required to pay any consideration under the contract or to return any consideration received from the athlete’s agent to induce him to enter into the contract.

    Sec. 24.  1.  An athlete’s agent shall retain the following records for 5 years:

    (a) The name and address of each natural person he represents;

    (b) Any contract of agency into which he enters; and

    (c) Any direct cost he incurs in recruiting or soliciting a student athlete to enter into a contract of agency.

    2.  Records required by this section to be retained are open to inspection by the secretary of state during normal business hours.

    Sec. 24.5.  1.  A person, other than an athlete’s agent or student athlete, who causes a student athlete or an institution to violate a rule of the national collegiate athletic association to which the institution is a member, or aids in any such violation, is liable to the institution for damages as provided in subsection 2 if:


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ê2001 Statutes of Nevada, Page 1303 (Chapter 284, AB 253)ê

 

member, or aids in any such violation, is liable to the institution for damages as provided in subsection 2 if:

    (a) The person knew or reasonably should have known that a rule was violated or would be violated; or

    (b) The violation of the rule is a contributing cause of:

         (1) Disciplinary action, including loss of eligibility, taken by the institution against a student athlete; or

         (2) Disciplinary action taken by the national collegiate athletic association against the institution or a student athlete.

    2.  Damages that may be awarded against a person who causes a violation of a rule of a national collegiate athletic association, or aids in any such violation, include:

    (a) Costs incurred by the institution relating to any investigation or hearing conducted by the national collegiate athletic association concerning the violation; and

    (b) Lost revenues to the institution from:

         (1) Lost contracts for televising athletic events;

         (2) A decline in ticket sales;

         (3) Being prohibited from participating in postseason athletic events and tournaments; and

         (4) Other discernible opportunities through which the institution would have realized revenue if the rule had not been violated.

    3.  If an institution prevails in an action brought pursuant to this section, it is entitled to an award of reasonable attorney’s fees and costs.

    Sec. 25.  1.  An athlete’s agent shall not, with the intent to induce a student athlete to enter into any contract:

    (a) Give any materially false or misleading information or make a materially false promise or representation;

    (b) Furnish anything of value to the student athlete before the student athlete enters into the contract; or

    (c) Furnish anything of value to a natural person other than the student athlete or another registered athlete’s agent.

    2.  An athlete’s agent shall not intentionally:

    (a) Initiate communication, direct or indirect, with a student athlete to recruit or solicit him to enter into a contract of agency, unless the agent is registered pursuant to this chapter;

    (b) Refuse or fail to retain or permit inspection of records required to be retained pursuant to section 24 of this act;

    (c) Fail to register when required pursuant to section 15 of this act;

    (d) Include materially false or misleading information in an application for registration or renewal of registration;

    (e) Predate or postdate a contract of agency; or

    (f) Fail to notify a student athlete, before he signs or otherwise authenticates a contract of agency for a particular sport, that the signing or authentication will make him ineligible to participate as a student athlete in that sport.

    3.  An athlete’s agent who violates this section is guilty of a gross misdemeanor.

    4.  The secretary of state may impose an administrative fine of not more than $25,000 upon an athlete’s agent for a violation of the Uniform Athletes’ Agents Act.


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ê2001 Statutes of Nevada, Page 1304 (Chapter 284, AB 253)ê

 

    Sec. 26.  NRS 398.005 is hereby amended to read as follows:

    398.005  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS [398.015 to 398.075, inclusive,] 398.045, 398.055 and 398.061 have the meanings ascribed to them in those sections.

    Sec. 27.  NRS 398.075 is hereby amended to read as follows:

    398.075  “Student athlete” means a [student who is eligible and competes individually or as a member of a team in intercollegiate athletic events subject to the rules of the national collegiate athletic association to which the institution the student athlete is attending is a member.] natural person who engages in, is eligible to engage in or may be eligible in the future to engage in any intercollegiate sport. For the purposes of a particular sport, the term does not include a person who is permanently ineligible to participate in that sport.

    Sec. 28.  NRS 398.085 is hereby amended to read as follows:

    398.085  1.  [A person who causes a student athlete or an institution to violate a rule of the national collegiate athletic association to which the institution is a member, or aids in any such violation, is liable to the institution for damages as provided in subsection 2 if:

    (a) The person knew or reasonably should have known that a rule was violated or would be violated; or

    (b) The violation of the rule is a contributing cause of:

         (1) Disciplinary action, including loss of eligibility, taken by the institution against a student athlete; or

         (2) Disciplinary action taken by the national collegiate athletic association against the institution or a student athlete.

    2.  Damages that may be awarded against a person who causes a violation of a rule of a national collegiate athletic association, or aids in any such violation, include lost revenues to the institution from:

    (a) Lost contracts for televising athletic events;

    (b) A decline in ticket sales;

    (c) Being prohibited from participating in postseason athletic events and tournaments; and

    (d) Other discernible opportunities through which the institution would have realized revenue if the rule had not been violated.

    3.  It is a defense to a cause of action under the provisions of this section that, at the time the rule of the national collegiate athletic association was violated, the defendant was an employee of the:

    (a) National collegiate athletic association whose rule was violated; or

    (b) Institution maintaining the action,

and was acting within the scope of his employment.

    4.  If an institution prevails in an action brought pursuant to this section, it is entitled to an award of reasonable attorney’s fees and costs.] An institution has a right of action against an athlete’s agent or a former student athlete for damages caused by a violation of the Uniform Athletes’ Agents Act. In such an action, the court may award to the prevailing party costs and reasonable attorney’s fees.

    2.  Damages of an institution pursuant to subsection 1 include losses and expenses incurred because, as a result of the conduct of the athlete’s agent or former student athlete, the educational institution was injured by a violation of the Uniform Athletes’ Agent Act or was penalized, disqualified or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization.


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ê2001 Statutes of Nevada, Page 1305 (Chapter 284, AB 253)ê

 

association for the promotion and regulation of athletics, by an athletic conference or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization.

    3.  A right of action pursuant to this section does not accrue until the institution discovers or by the exercise of reasonable diligence should have discovered the violation by the athlete’s agent or former student athlete.

    4.  Any liability of an athlete’s agent or former student athlete pursuant to this section is joint and several.

    5.  This section does not restrict the rights, remedies or defenses of any person under other law or in equity.

    Sec. 29.  NRS 398.095 is hereby amended to read as follows:

    398.095  1.  A [contractual relationship between a student athlete and a sports agent must:

    (a) Be in writing;

    (b) Be] contract of agency must be in a record signed or otherwise authenticated by the

[student athlete and the sports agent;

    (c) Be notarized by a notary public; and

    (d) Contain a notice in substantially the following form:

WARNING: A student athlete who signs this agreement may lose eligibility to compete in intercollegiate athletics.

Nevada law requires that notice of this agreement be sent by registered or certified mail to the president and athletic director of the institution the student athlete is attending and the head coach of each intercollegiate athletic event in which the student athlete competes for it to be valid and enforceable.

Under Nevada law, a student athlete may rescind this agreement within 20 days after the date he signs the agreement or the date on which the president, athletic director and head coach of the institution the student athlete is attending receives notice of the agreement.

A student athlete who signs this agreement before the last intercollegiate competition for which he is eligible and competes after signing the agreement may cause his team to forfeit all games in which he competes after signing the agreement and may render his team ineligible for postseason competition.

    2.  A notarized copy of the writing required by subsection 1 must be provided to the student athlete at the time he signs it.

    3.  A sports agent who enters into a contractual relationship with a student athlete during the student athlete’s period of eligibility shall, not later than 3 days after entering into the contractual relationship, send notice of the contractual relationship by registered or certified mail to the representatives of the institution the student athlete is attending.

    4.  A student athlete may rescind a contractual relationship he has entered into with a sports agent by providing the sports agent with written notice of his rescission not later than 20 days after:

    (a) Signing the agreement; or

    (b) Notice of the contractual relationship is received by the president, athletic director and head coach of the institution the student athlete is attending.

    5.  A student athlete may not waive his right to rescind a contractual relationship pursuant to subsection 4.


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ê2001 Statutes of Nevada, Page 1306 (Chapter 284, AB 253)ê

 

    6.  Any consideration received by a student athlete pursuant to a contractual relationship with a sports agent or to induce the student athlete to enter into a contractual relationship with a sports agent shall be deemed a gift to the student athlete if the student athlete rescinds the agreement pursuant to subsection 4 or if the agreement is void and unenforceable.

    7.  Any contractual relationship between a student athlete and a sports agent which does not comply with the provisions of this section is void and unenforceable.] parties.

    2.  The contract must state or contain:

    (a) The amount of and method of calculating the consideration to be paid by the student athlete for services to be provided by the athlete’s agent under the contract and any other consideration the agent has received or will receive from any other source for entering into the contract or providing the services;

    (b) The name of any person not listed in the agent’s application for registration or renewal of registration who will be compensated because the student athlete signed the contract;

    (c) A description of any expenses that the student athlete agrees to reimburse;

    (d) A description of the services to be provided to the student athlete;

    (e) The duration of the contract; and

    (f) The date of execution.

    3.  The contract must contain, in close proximity to the signature of the student athlete, a conspicuous notice in boldface capital letters:

 

WARNING TO STUDENT ATHLETE

IF YOU SIGN THIS CONTRACT:

    (1) YOU WILL LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT;

    (2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE’S AGENT MUST NOTIFY HIM; AND

    (3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.

 

    4.  A contract of agency which does not [comply with the provisions of this section] contain the required warning is void and unenforceable. The student athlete need not pay any consideration under it or return any consideration received from the athlete’s agent to induce him to enter into it.

    5.  The athlete’s agent shall give a record of the signed or otherwise authenticated contract to the student athlete at the time of execution.

    Sec. 30.  The amendatory provisions of this act do not apply to offenses committed before October 1, 2001.

    Sec. 31.  NRS 398.015, 398.025, 398.035, 398.065 and 597.920 are hereby repealed.

    Sec. 32.  1.  This section and sections 1 and 21 of this act become effective upon passage and approval.

    2.  Sections 2 to 20, inclusive, and 22 to 31, inclusive, of this act become effective on October 1, 2001.

________


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ê2001 Statutes of Nevada, Page 1307ê

 

CHAPTER 285, AB 294

Assembly Bill No. 294–Assemblyman Bache

 

CHAPTER 285

 

AN ACT relating to juveniles; providing that juveniles who are adjudicated delinquent for committing certain acts that would be crimes if committed by an adult may not have their records automatically sealed; making various other changes related to sealing of juvenile records; and providing other matters properly relating thereto.

 

[Approved: May 31, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 62.2115 is hereby amended to read as follows:

    62.2115  Any decree or order entered by a judge or master of a juvenile court, district court, justice’s court or municipal court concerning a child within the purview of this chapter must contain, for the benefit of the child, an explanation of the contents of NRS [62.345,] 62.370 and, if applicable, NRS 62.600.

    Sec. 2.  NRS 62.350 is hereby amended to read as follows:

    62.350  1.  The fingerprints of a child must be taken if the child is in custody for an act that, if committed by an adult:

    (a) Would be a felony, a gross misdemeanor or a sexual offense; or

    (b) Would be a misdemeanor, and the act involved:

         (1) The use or threatened use of force or violence against the victim; or

         (2) The possession, use or threatened use of a firearm or a deadly weapon.

    2.  The fingerprints of a child who is in custody but who is not subject to the provisions of subsection 1 may be taken if a law enforcement officer finds latent fingerprints during the investigation of an offense and the officer has reason to believe that the latent fingerprints are those of the child. The officer shall use the fingerprints taken from the child [for the purpose of making] to make an immediate comparison with the latent fingerprints. If the comparison is:

    (a) Negative, the fingerprint card and other copies of the fingerprints taken may be immediately destroyed or may be retained for future use.

    (b) Positive, the fingerprint card and other copies of the fingerprints:

         (1) Must be delivered to the court for disposition if the child is referred to court.

         (2) May be immediately destroyed or may be retained for future use if the child is not referred to court.

    3.  Fingerprints that are taken from a child pursuant to the provisions of this section:

    (a) May be retained in a local file or a local system for the automatic retrieval of fingerprints if they are retained under special security measures that limit inspection of the fingerprints to law enforcement officers who are conducting criminal investigations. If the child from whom the fingerprints are taken subsequently is not adjudicated delinquent, the parent or guardian of the child or, when the child becomes at least 18 years of age, the child [,] may petition the court for the removal of the fingerprints from any such local file or local system.


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ê2001 Statutes of Nevada, Page 1308 (Chapter 285, AB 294)ê

 

    (b) Must be submitted to the central repository for Nevada records of criminal history if the child is adjudicated delinquent for an act that, if committed by an adult, would be a felony or sexual offense, and may be submitted to the central repository for any other act. Any such fingerprints submitted to the central repository must be submitted with a description of the child and the unlawful act, if any, that the child committed. The central repository shall retain the fingerprints and such information of the child under special security measures that limit inspection of the fingerprints and such information to law enforcement officers who are conducting criminal investigations and to officers and employees of the central repository who are assisting law enforcement officers with criminal investigations or who are conducting research or performing a statistical analysis.

    (c) Must not be submitted to the Federal Bureau of Investigation unless the child is adjudicated delinquent for an act that, if committed by an adult, would be a felony or a sexual offense.

    4.  A child who is in custody must be photographed for the purpose of identification. Except as otherwise provided in this subsection, the photographs of the child must be kept in the file pertaining to the child under special security measures which provide that the photographs may be inspected only to conduct criminal investigations and photographic lineups. If a court subsequently determines that the child is not delinquent, the court shall order the photographs to be destroyed.

    5.  Any person who willfully violates any provision of this section is guilty of a misdemeanor.

    6.  As used in this section, “sexual offense” means:

    (a) Sexual assault pursuant to NRS 200.366;

    (b) Statutory sexual seduction pursuant to NRS 200.368;

    (c) Battery with intent to commit sexual assault pursuant to NRS 200.400;

    (d) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;

    (e) Incest pursuant to NRS 201.180;

    (f) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195;

    (g) Open or gross lewdness pursuant to NRS 201.210;

    (h) Indecent or obscene exposure pursuant to NRS 201.220;

    (i) Lewdness with a child pursuant to NRS 201.230;

    (j) Sexual penetration of a dead human body pursuant to NRS 201.450;

    (k) Annoyance or molestation of a minor pursuant to NRS 207.260;

    (l) An attempt to commit an offense listed in paragraphs (a) to (k), inclusive; or

    (m) An offense that is determined to be sexually motivated pursuant to NRS 175.547.

    Sec. 3.  NRS 62.370 is hereby amended to read as follows:

    62.370  1.  Except as otherwise provided in this section and NRS [62.345 and] 62.600, if a child is taken into custody by a peace officer, is taken before a probation officer, or appears before a judge or master of a juvenile court, district court, justice’s court or municipal court, the child or a probation officer on his behalf may petition for the sealing of all records relating to the child, including records of arrest, but not including records relating to misdemeanor traffic violations, in the custody of the juvenile court, district court, justice’s court or municipal court, probation officer, law enforcement agency, or any other agency or public official, if:


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ê2001 Statutes of Nevada, Page 1309 (Chapter 285, AB 294)ê

 

court, district court, justice’s court or municipal court, probation officer, law enforcement agency, or any other agency or public official, if:

    (a) Three years or more have elapsed [after termination of the jurisdiction of the juvenile] since the child was declared a ward of the court; or

    (b) Three years or more have elapsed since the child was last referred to the juvenile court and the child has never been declared a ward of the court.

    2.  [The] Except as otherwise provided in subsection 3 and NRS 62.600, all records relating to a child must be automatically sealed when the child reaches 21 years of age.

    3.  If a child is adjudicated delinquent for an act that, if committed by an adult, would be punishable as sexual assault pursuant to NRS 200.366, battery with intent to commit sexual assault pursuant to NRS 200.400 or lewdness with a child pursuant to NRS 201.230, or for an act involving the use or threatened use of force or violence that, if committed by an adult, would be punishable as a felony, any records pertaining to that act must not be automatically sealed when the child reaches 21 years of age.

    4.  Except as otherwise provided in NRS 62.600, a child whose record has not been automatically sealed pursuant to subsection 2 may petition for the sealing of all records relating to the child after the child reaches 30 years of age.

    5.  If a petition is filed pursuant to subsection 1, the court shall notify the district attorney of the county and the probation officer, if he is not the petitioner. If a petition is filed pursuant to subsection 4, the court shall notify the district attorney of the county. The district attorney, a probation officer, any of their deputies or any other persons having relevant evidence may testify at the hearing on the petition.

    [3.] 6.  If, after [the hearing,] a hearing on a petition filed pursuant to subsection 1, the court finds that, [since such termination of jurisdiction,] during the applicable 3-year period, the child has not been convicted of a felony or of any misdemeanor involving moral turpitude and that rehabilitation has been attained to the satisfaction of the court, it shall order all records, papers and exhibits in the [juvenile’s] child’s case in the custody of the juvenile court, district court, justice’s court, municipal court, probation officer, law enforcement agency or any other agency or public official sealed. Other records relating to the case, in the custody of such other agencies and officials as are named in the order, must also be ordered sealed.

    [4.  Except as otherwise provided in NRS 62.345 and 62.600, all records relating to a child must be automatically sealed when the child reaches 24 years of age.

    5.] 7.  If, after a hearing on a petition filed pursuant to subsection 4, the court finds that, in the period since the child reached 21 years of age, the child has not been convicted of any offense, except for minor moving or standing traffic violations, the court may order sealed all records, papers and exhibits in the child’s case in the custody of the juvenile court, district court, justice’s court, municipal court, probation officer, law enforcement agency or any other agency or public official. Other records relating to the case, in the custody of such other agencies and officials as are named in the order, may also be ordered sealed.

    8.  The court shall send a copy of the order sealing the records of a child to each agency and official named therein. Each agency and official shall, within 5 days after receipt of the order:

    (a) Seal records in its custody, as directed by the order.


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ê2001 Statutes of Nevada, Page 1310 (Chapter 285, AB 294)ê

 

    (b) Advise the court of its compliance.

    (c) Seal the copy of the court’s order that it or he received.

    [6.] 9.  If the court orders the records sealed, all proceedings recounted in the records are deemed never to have occurred, and the person who is the subject of the records may properly reply accordingly to any inquiry concerning the proceedings and the events which brought about the proceedings.

    [7.] 10.  The person who is the subject of records sealed pursuant to this section may petition the court to permit inspection of the records by a person named in the petition and the court may order the inspection.

    [8.] 11.  The court may, upon the application of a district attorney or an attorney representing a defendant in a criminal action, order an inspection of the records [for the purpose of obtaining] to obtain information relating to persons who were involved in the incident recorded.

    [9.] 12.  The court may, upon its own motion and [for the purpose of sentencing] to sentence a convicted adult who is under 21 years of age, inspect any records of that person which are sealed pursuant to this section.

    [10.] 13.  An agency charged with the medical or psychiatric care of a person may petition the court to unseal his juvenile records.

    [11.] 14.  The provisions of this section do not apply to information maintained in the standardized system established pursuant to NRS 62.910 or information that must be collected by the division of child and family services of the department of human resources pursuant to NRS 62.920.

    [12.] 15.  As used in this section, “seal” means placing the records in a separate file or other repository not accessible to the general public.

    Sec. 4.  NRS 62.560 is hereby amended to read as follows:

    62.560  Except as otherwise provided in subsection [3] 2 of NRS 62.600, the provisions of NRS 62.500 to 62.600, inclusive, do not apply to a child who is subject to registration and community notification pursuant to NRS 179D.350 to 179D.800, inclusive, before reaching 21 years of age.

    Sec. 5.  NRS 62.600 is hereby amended to read as follows:

    62.600  1.  The records relating to a child must not be sealed pursuant to the provisions of NRS 62.370 while the child is subject to community notification as a juvenile sex offender.

    2.  [Except as otherwise provided in NRS 62.345, if a child is relieved of being subject to community notification as a juvenile sex offender pursuant to NRS 62.590, all records relating to the child must be automatically sealed when the child reaches 24 years of age as provided in subsection 4 of NRS 62.370.

    3.] If a child is deemed to be an adult sex offender pursuant to NRS 62.590, is convicted of a sexual offense, as defined in NRS 179D.410, before reaching 21 years of age or is otherwise subject to registration and community notification pursuant to NRS 179D.350 to 179D.800, inclusive, before reaching 21 years of age:

    (a) The records relating to the child must not be sealed pursuant to the provisions of NRS 62.370; and

    (b) Each delinquent act committed by the child that would have been a sexual offense, as defined in NRS 179D.410 if committed by an adult, shall be deemed to be a criminal conviction for the purposes of:

         (1) Registration and community notification pursuant to NRS 179D.350 to 179D.800, inclusive; and


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ê2001 Statutes of Nevada, Page 1311 (Chapter 285, AB 294)ê

 

         (2) The statewide registry established within the central repository pursuant to chapter 179B of NRS.

    Sec. 6.  NRS 179D.035 is hereby amended to read as follows:

    179D.035  “Convicted” includes, but is not limited to, an adjudication of delinquency or a finding of guilt by a court having jurisdiction over juveniles if the adjudication of delinquency or the finding of guilt is for the commission of any of the following offenses:

    1.  A crime against a child that is listed in subsection 6 of NRS 179D.210.

    2.  A sexual offense that is listed in subsection 19 of NRS 179D.410.

    3.  A sexual offense that is listed in paragraph (b) of subsection [3] 2 of NRS 62.600.

    Sec. 7.  NRS 62.335 and 62.345 are hereby repealed.

    Sec. 8.  The amendatory provisions of this act apply to any act committed by a child before, on or after July 1, 2001, if the records pertaining to that act have not been sealed pursuant to NRS 62.370 before July 1, 2001.

    Sec. 9.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 286, AB 604

Assembly Bill No. 604–Committee on Ways and Means

 

CHAPTER 286

 

AN ACT relating to state employees; changing the circumstances under which the governor or the head of a state agency may issue an award for public service to a state employee; requiring the state board of examiners to prescribe a maximum amount of money that may be spent on such an award; and providing other matters properly relating thereto.

 

[Approved: May 31, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 285.010 is hereby amended to read as follows:

    285.010  As used in this chapter unless the context otherwise requires:

    1.  “Adoption” means the putting of an employee suggestion into effect.

    2.  “Board” means the merit award board.

    3.  “Employee suggestion” means a proposal by a state employee which would:

    (a) Reduce or eliminate state expenditures; or

    (b) Improve the operation of state government.

    4.  [“Longevity award” means a suitable symbol, other than money, of continuous and faithful service in state government for a period of 5, 10, 20, 30 or 40 years by a state employee.

    5.]  “Merit award” means an award to a state employee for an adopted suggestion in the form of either the governor’s certificate of commendation or a cash payment.

    [6.] 5.  “State employee” means any person employed by a state agency who is not the head of the department.

    Sec. 2.  NRS 285.080 is hereby amended to read as follows:

    285.080  1.  The governor or head of a state agency may present [longevity] service awards to state employees if:


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ê2001 Statutes of Nevada, Page 1312 (Chapter 286, AB 604)ê

 

    [1.] (a) The cost of each award does not exceed [$10;] the amount established by the state board of examiners; and

    [2.] (b) The office of the governor or the agency has sufficient funds available for such awards.

    2.  The state board of examiners shall establish by regulation a maximum amount of money that the governor or the head of a state agency may spend on a service award pursuant to this section.

    3.  As used in this section, “service award” means a suitable symbol, other than money, for faithful and exceptional public service.

    Sec. 3.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 287, SB 39

Senate Bill No. 39–Senator Townsend

 

CHAPTER 287

 

AN ACT relating to taxation; expanding the purposes for which the proceeds of certain taxes on fuel for jet or turbine-powered aircraft may be used by a governmental entity; and providing other matters properly relating thereto.

 

[Approved: May 31, 2001]

 

    Whereas, Historically, the proceeds of the tax on jet fuel have been used to help support transportation infrastructure projects that are vital to an airport; and

    Whereas, An increased use of Nevada’s airports causes corresponding increases in tourism and increases in the economic development of this state which are crucial to the economy of the State of Nevada and to the general welfare of the residents of this state; and

    Whereas, Expanding the purposes for which the proceeds of the tax on jet fuel may be expended to include expenditures to promote the increased use of Nevada’s airports may reduce the amount of those proceeds that remains available to support the infrastructure projects that were historically reliant on this revenue source; and

    Whereas, To ensure that sufficient proceeds are available to continue the historical financial support of transportation infrastructure projects, governmental entities may feel compelled to increase the rate of the tax which may lead to corresponding increases in the price of airline tickets; and

    Whereas, The availability of affordable air service to and from Nevada is extremely important to the residents of this state, to business travelers and to tourists, and is therefore crucial to the vitality of Nevada’s tourism industry and economic development; and

    Whereas, The amendment by this Legislature of NRS 365.545 to expand the authorized uses of the proceeds of the tax on jet fuel is intended to benefit the tourism industry and the economic development of this state, however, it is not the intent of the Legislature to authorize an unduly burdensome increase in the rate of this tax which would have a detrimental effect upon Nevada’s tourism industry and upon economic development and expansion in this state; and

    Whereas, The Nevada Legislature trusts that the governmental entities which own the airports at which the tax on jet fuel is collected will, if considering such a tax increase, also consider the practical effect such an increase may have upon the price of air travel, the vitality of Nevada’s tourism industry and the economic development and expansion of this state generally; and


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ê2001 Statutes of Nevada, Page 1313 (Chapter 287, SB 39)ê

 

tourism industry and the economic development and expansion of this state generally; and

    Whereas, The Nevada Legislature believes that it is imperative that representatives of these governmental entities consult with representatives of the airlines and with tourism and economic development officials when considering whether to use the proceeds from the tax on jet fuel to promote the increased use of the airport; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 365.545 is hereby amended to read as follows:

    365.545  1.  The proceeds of all taxes on fuel for jet or turbine-powered aircraft imposed pursuant to the provisions of NRS 365.170 or 365.203 must be deposited in the account for taxes on fuel for jet or turbine-powered aircraft in the state general fund and must be allocated monthly by the department to the governmental entity which owns the airport at which the tax was collected, or if the airport is privately owned, to the county in which the airport is located.

    2.  The money so received must be used by the governmental entity receiving it to pay the cost of:

    (a) Transportation projects related to airports, including access on the ground to airports;

    (b) Payment of principal and interest on notes, bonds or other obligations incurred to fund projects described in paragraph (a); [or]

    (c) Promoting the use of an airport, including, without limitation, increasing the number and availability of flights at the airport; or

    (d) Any combination of those purposes.

    3.  Money so received may also be pledged for the payment of general or special obligations issued to fund projects described in paragraph (a) of subsection 2.

    4.  Any money pledged pursuant to the provisions of subsection 3 may be treated as pledged revenues of the project for the purposes of subsection 3 of NRS 350.020.

    Sec. 2.  This act becomes effective on July 1, 2001.

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ê2001 Statutes of Nevada, Page 1314ê

 

CHAPTER 288, AB 649

Assembly Bill No. 649–Committee on Government Affairs

 

CHAPTER 288

 

AN ACT relating to governmental purchasing; authorizing a local government and the chief of the purchasing division of the department of administration to receive bids on secure websites on the Internet or its successor; removing the provision requiring notice of the expiration of the insurance coverage of a local government; authorizing a local government to charge fees for the use of a credit card or debit card or the electronic transfer of money when remitting fees or payments to the local government; and providing other matters properly relating thereto.

 

[Approved: May 31, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 332 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  A governing body or its authorized representative may use on-line bidding to receive bids submitted in response to a request for bids. The governing body shall not use on-line bidding as the exclusive means of receiving bids for the request for bids.

    2.  A request for bids for which bids may be submitted pursuant to subsection 1 must designate a date and time at which bids may be submitted and may designate a date and time after which bids will no longer be received.

    3.  A governing body or its authorized representative may require bidders to:

    (a) Register before the date and time at which bids may be submitted; and

    (b) Agree to terms, conditions or requirements of the request for bids to facilitate on-line bidding.

    4.  The procedures established by a governing body or its authorized representative for the purposes of conducting on-line bidding must not conflict with the provisions of this chapter.

    5.  As used in this section, “on-line bidding” means a process by which bidders submit bids for a contract on a secure website on the Internet or its successor, if any, which is established and maintained for that purpose.

    Sec. 2.  NRS 332.025 is hereby amended to read as follows:

    332.025  As used in this chapter, unless the context otherwise requires:

    1.  “Authorized representative” means [the] a person designated by the governing body to be responsible for the development, award and proper administration of all purchases and contracts [, or either of them, under] for a local government or a department, division, agency, board or unit of a local government made pursuant to this chapter.

    2.  “Chief administrative officer” means the person directly responsible to the governing body for the administration of that particular entity.

    3.  “Evaluator” means an authorized representative, officer, employee, representative, agent, consultant or member of a governing body who has participated in:

    (a) The evaluation of bids;

    (b) Negotiations concerning purchasing by a local government; or


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    (c) The review or approval of the award, modification or extension of a contract.

    4.  “Governing body” means the board, council, commission or other body in which the general legislative and fiscal powers of the local government are vested.

    [4.] 5.  “Proprietary information” means:

    (a) Any trade secret or confidential business information that is contained in a bid submitted to a governing body or its authorized representative on a particular contract; or

    (b) Any other trade secret or confidential business information submitted to a governing body or its authorized representative by a bidder and designated as proprietary by the governing body or its authorized representative.

As used in this subsection, “confidential business information” means any information relating to the amount or source of any income, profits, losses or expenditures of a person, including data relating to cost , [or] price , or the customers of a bidder which is submitted in support of a bid. The term does not include the amount of a bid submitted to a governing body or its authorized representative.

    [5.  “Purchasing officer” means an authorized representative, officer, employee, representative, agent, consultant or member of a governing body who has participated in:

    (a) The evaluation of bids;

    (b) Negotiations concerning purchasing by a local government; or

    (c) The review or approval of the award, modification or extension of a contract.]

    6.  “Trade secret” has the meaning ascribed to it in NRS 600A.030.

    Sec. 3.  NRS 332.061 is hereby amended to read as follows:

    332.061  1.  Except as otherwise provided in this subsection , [2,] proprietary information regarding a trade secret does not constitute public information and is confidential.

    [2.]  A person shall not disclose proprietary information regarding a trade secret unless the disclosure is made for the purpose of a civil, administrative or criminal investigation or proceeding, and the person receiving the information represents in writing that protections exist under applicable law to preserve the integrity, confidentiality and security of the information.

    2.  A bid which contains a provision that requires negotiation or evaluation by the governing body or an evaluator may not be disclosed until the bid is recommended for the award of a contract.

    Sec. 4.  NRS 332.065 is hereby amended to read as follows:

    332.065  1.  If a governing body or its authorized representative has advertised for or requested bids in letting a contract, the [award] governing body or its authorized representative must, except as otherwise provided in subsection 2, [be made] award the contract to the lowest responsive and responsible bidder. The lowest responsive and responsible bidder must be judged on the basis of price, conformance to specifications, [bidders’] qualifications, including [the bidders’] , without limitation, past performance , [in such matters,] quality and utility of services, supplies, materials or equipment offered and [their] adaptability to the required purpose and [in] the best [interest] interests of the public . [each of the factors being considered.]

    2.  The governing body [:] or its authorized representative:


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ê2001 Statutes of Nevada, Page 1316 (Chapter 288, AB 649)ê

 

    (a) Shall give preference to recycled products if:

         (1) The product meets the applicable standards;

         (2) The product can be substituted for a comparable nonrecycled product; and

         (3) The product costs no more than a comparable nonrecycled product.

    (b) May give preference to recycled products if:

         (1) The product meets the applicable standards;

         (2) The product can be substituted for a comparable nonrecycled product; and

         (3) The product costs no more than 5 percent more than a comparable nonrecycled product.

    (c) May purchase recycled paper products if the specific recycled paper product is:

         (1) Available at a price which is not more than 10 percent higher than that of paper products made from virgin material;

         (2) Of adequate quality; and

         (3) Available to the purchaser within a reasonable period.

    3.  If after the lowest responsive and responsible bidder has been awarded the contract, during the term of the contract he does not supply goods or services in accordance with the bid specifications, or if he repudiates the contract, the governing body or its authorized representative may reaward the contract to the next lowest responsive and responsible bidder without requiring that new bids be submitted. Reawarding the contract to the next lowest responsive and responsible bidder is not a waiver of any liability of the initial bidder awarded the contract.

    4.  As used in this section:

    (a) “Post-consumer waste” means a finished material which would normally be disposed of as a solid waste having completed its life cycle as a consumer item.

    (b) “Recycled paper product” means all paper and wood-pulp products containing in some combination at least 50 percent of its total weight:

         (1) Post-consumer waste; and

         (2) Secondary waste,

but does not include fibrous waste generated during the manufacturing process such as fibers recovered from waste water or trimmings of paper machine rolls, wood slabs, chips, sawdust or other wood residue from a manufacturing process.

    (c) “Secondary waste” means fragments of products or finished products of a manufacturing process, which has converted a virgin resource into a commodity of real economic value.

    Sec. 5.  NRS 332.085 is hereby amended to read as follows:

    332.085  In determining the responsibility of any bidder, the governing body or its authorized representative shall consider the possession of and limit on any required license and may consider the financial responsibility, experience, adequacy of equipment , past performance and ability of the bidder to [complete performance.] perform the contract.

    Sec. 6.  NRS 332.095 is hereby amended to read as follows:

    332.095  1.  No contract awarded may be assigned to any other person without the consent of the governing body or its authorized representative.

    2.  No contract awarded or any portion thereof may be assigned to any person who was declared by the governing body or its authorized representative not to be a responsible person to perform the particular contract.


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representative not to be a responsible person to perform the particular contract.

    Sec. 7.  NRS 332.115 is hereby amended to read as follows:

    332.115  1.  Contracts which by their nature are not adapted to award by competitive bidding, including contracts for:

    (a) Items which may only be contracted from a sole source;

    (b) Professional services;

    (c) Additions to and repairs and maintenance of equipment which may be more efficiently added to, repaired or maintained by a certain person;

    (d) Equipment which, by reason of the training of the personnel or of an inventory of replacement parts maintained by the local government is compatible with existing equipment;

    (e) Perishable goods;

    (f) Insurance;

    (g) Hardware and associated peripheral equipment and devices for computers;

    (h) Software for computers;

    (i) Books, library materials and subscriptions;

    (j) Motor vehicle fuel purchased by a local law enforcement agency for use in an undercover investigation;

    (k) Motor vehicle fuel for use in a vehicle operated by a local law enforcement agency or local fire department if such fuel is not available within the vehicle’s assigned service area from a fueling station owned by the State of Nevada or a local government;

    (l) Purchases made with money in a store fund for prisoners in a jail or local detention facility for the provision and maintenance of a canteen for the prisoners;

    (m) Supplies, materials or equipment that are available from contracts with the General Services Administration or another governmental agency in the regular course of its business; [and]

    (n) Items for resale through a retail outlet operated in this state by a local government or the State of Nevada [,] ; and

    (o) Goods or services purchased from organizations or agencies whose primary purpose is the training and employment of handicapped persons,

are not subject to the requirements of this chapter for competitive bidding as determined by the governing body or its authorized representative.

    2.  The purchase of equipment for use by a local law enforcement agency in the course of an undercover investigation is not subject to the requirements of this chapter for competitive bidding if:

    (a) The equipment is an electronic or mechanical device which by design is intended to monitor and document in a clandestine manner suspected criminal activity; [and] or

    (b) Purchasing the equipment pursuant to such requirements would limit or compromise the use of such equipment by an agency authorized to conduct such investigations.

    3.  The governing body of a hospital required to comply with the provisions of this chapter, or its authorized representative, may purchase goods commonly used by the hospital, under a contract [properly] awarded pursuant to NRS 332.065, without additional competitive bidding even if at the time the contract was awarded:


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ê2001 Statutes of Nevada, Page 1318 (Chapter 288, AB 649)ê

 

    (a) The vendor supplying such goods to the person awarded the contract was not identified as a supplier to be used by the person awarded the contract; or

    (b) The vendor was identified as a supplier but was not identified as the supplier of such goods.

The governing body of the hospital shall make available for public inspection each such contract and records related to those purchases.

    4.  [Except in cases of emergency, at least 60 days before the expiration of an existing contract for insurance in which the local government is the insured, the governing body shall cause to be given, by advertising or in another manner deemed adequate and desirable by the governing body, notice of the date the contract for insurance expires.

    5.]  This section does not prohibit a governing body or its authorized representative from advertising for or requesting bids.

    Sec. 8.  NRS 332.146 is hereby amended to read as follows:

    332.146  1.  Except as otherwise provided by law, if the [chief administrative officer of the local government concurs with the] governing body or its authorized representative determines that the supplies, materials or equipment can be purchased at any public auction, closeout sale, bankruptcy sale, sale of merchandise left after an exhibition, or other similar sale at a reasonable savings over the cost of like merchandise and below the market cost in the community, a contract or contracts may be let or the purchase made without complying with the requirements of this chapter for competitive bidding.

    2.  The documentation for the purchase or acquisition must be summarized for the next regularly scheduled meeting of the governing body, together with written justification showing the savings involved.

    Sec. 9.  NRS 332.155 is hereby amended to read as follows:

    332.155  1.  No member of the governing body may be interested, directly or indirectly, in any contract entered into by the governing body , [;] but the governing body may purchase supplies, not to exceed $300 in the aggregate in any 1 calendar month from a member of such governing body, when not to do so would be of great inconvenience due to a lack of any other local source.

    2.  An [authorized representative of a governing body] evaluator may not be interested, directly or indirectly, in any contract awarded by such governing body [.] or its authorized representative.

    3.  A member of a governing body who furnishes supplies in the manner permitted by subsection 1 [,] may not vote on the allowance of the claim for such supplies.

    4.  A violation of this section is a misdemeanor and, in the case of a member of a governing body, cause for removal from office.

    Sec. 10.  NRS 332.161 is hereby amended to read as follows:

    332.161  1.  Before a contract is awarded, a person who has bid on the contract or an officer, employee, representative, agent or consultant of such a person shall not:

    (a) Make an offer or promise of future employment or business opportunity to, or engage in a discussion of future employment or business opportunity with, [a purchasing officer] an evaluator or member of the governing body offering the contract;


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ê2001 Statutes of Nevada, Page 1319 (Chapter 288, AB 649)ê

 

    (b) Offer, give or promise to offer or give money, a gratuity or any other thing of value to [a purchasing officer] an evaluator or member of the governing body offering the contract; or

    (c) Solicit or obtain from an officer, employee or member of the governing body offering the contract, any proprietary information regarding the contract.

    2.  A person who violates any of the provisions of subsection 1 is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 1 year, or by a fine of not less than $2,000 nor more than $50,000, or by both fine and imprisonment.

    Sec. 11.  NRS 332.165 is hereby amended to read as follows:

    332.165  1.  Any agreement or collusion among bidders or prospective bidders in restraint of freedom of competition by agreement to bid a fixed price, or otherwise, shall render the bids of such bidders void.

    2.  Advance disclosures of any information to any particular bidder which would give that particular bidder any advantage over any other interested bidder in advance of the opening of bids, whether in response to advertising or an informal request for bids, made or permitted by a member of the governing body or an employee or representative thereof, shall operate to void all [proposals of] bids received in response to that particular [bid solicitation or request.] request for bids.

    Sec. 12.  NRS 332.175 is hereby amended to read as follows:

    332.175  [When purchasing personal property, the] A governing body or its authorized representative may solicit and accept [advantageous] trade-in allowances for personal property of the public entity which has been determined by the governing body or its authorized representative to be no longer required for public use [, and may award any bid to the bidder submitting the lowest net bid after deduction of the trade-in allowance.] in any manner authorized by law.

    Sec. 13.  NRS 332.185 is hereby amended to read as follows:

    332.185  1.  Except as otherwise provided in subsection 2 , NRS 244.1505 and NRS 334.070, all sales [or leases] of personal property of the local government must be made, as nearly as possible, under the same conditions and limitations as required by this chapter in the purchase of personal property. The governing body or its authorized representative may [sell any such] dispose of personal property of the local government by any manner, including, without limitation, at public auction , if [it] the governing body or its authorized representative determines that the property is no longer required for public use and deems such [a sale] action desirable and in the best interests of the local government.

    2.  The board of trustees of a school district may donate surplus personal property of the school district to a charter school that is located within the school district without regard to:

    (a) The provisions of this chapter; or

    (b) Any statute, regulation, ordinance or resolution that requires:

         (1) The posting of notice or public advertising.

         (2) The inviting or receiving of competitive bids.

         (3) The selling or leasing of personal property by contract or at a public auction.

    3.  The provisions of this chapter do not apply to the purchase, sale, lease or transfer of real property by the governing body.


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    Sec. 14.  NRS 332.195 is hereby amended to read as follows:

    332.195  1.  [Local governments] A governing body or its authorized representative and the State of Nevada may join or use the contracts of other local governments within this state with the authorization of the contracting vendor. The originally contracting local government is not liable for the obligations of the local government which joins or uses the contract.

    2.  [Local governments] A governing body or its authorized representative may join or use the contracts of the State of Nevada with the authorization of the contracting vendor. The State of Nevada is not liable for the obligations of the local government which joins or uses the contract.

    Sec. 15.  Chapter 333 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The chief may use on-line bidding to receive proposals or bids in response to a request for proposals or invitation to bid.

    2.  A request for proposals or invitation to bid for which proposals or bids may be submitted pursuant to subsection 1 must designate a date and time at which proposals or bids may be submitted and may designate a date and time after which proposals or bids will no longer be received.

    3.  The chief may require bidders to:

    (a) Register before the date and time at which proposals or bids may be submitted; and

    (b) Agree to terms, conditions or requirements of the request for proposals or invitation to bid to facilitate on-line bidding.

    4.  The procedures established by the chief for the purposes of conducting on-line bidding must not conflict with the provisions of this chapter.

    5.  As used in this section, “on-line bidding” means a process by which bidders submit proposals or bids for a contract on a secure website on the Internet or its successor, if any, which is established and maintained for that purpose.

    Sec. 16.  NRS 333.330 is hereby amended to read as follows:

    333.330  1.  All bids on more than one item on which bids are called for by the same notice must be itemized and give a price for each item.

    2.  All bids must:

    (a) [Be] Except as otherwise provided in section 15 of this act, be in writing and signed.

    (b) Be sealed or, if the bid is submitted electronically, secured by an electronic equivalent of a seal, as approved by the purchasing division.

    (c) Be opened and read publicly by the chief or his designated agent as they are opened.

    Sec. 16.3.  NRS 333.480 is hereby amended to read as follows:

    333.480  The chief may purchase or acquire on behalf of the State of Nevada, and all officers, departments, institutions, boards, commissions, schools and other agencies in the executive department of the state government, volunteer fire departments, local governments as defined in NRS 354.474, conservation districts or irrigation districts of the State of Nevada, any supplies, materials or equipment of any kind required or deemed advisable for the state officers, departments, institutions, boards, commissions, schools, volunteer fire departments and other agencies or local governments as defined in NRS 354.474, conservation districts or irrigation districts that may be available [from the General Services Administration or any other] pursuant to an agreement with a vendor who has entered into an


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ê2001 Statutes of Nevada, Page 1321 (Chapter 288, AB 649)ê

 

agreement with the General Services Administration or another governmental agency dealing in supplies, materials, equipment or donable surplus material [.] if :

    1.  The prices for the supplies, materials or equipment negotiated in the agreement that the chief enters into with the vendor are substantially similar to the prices for those supplies, materials or equipment that the vendor had negotiated with the General Services Administration or other governmental agency; and

    2.  The chief determines that such an agreement would be in the best interests of the state.

    Sec. 16.7.  NRS 353.1465 is hereby amended to read as follows:

    353.1465  1.  Upon approval of the state board of finance, a state agency may enter into contracts with issuers of credit cards or debit cards or operators of systems that provide for the electronic transfer of money to provide for the acceptance of credit cards , [or] debit cards or electronic transfers of money by the agency:

    (a) For the payment of money owed to the agency for taxes, interest, penalties or any other obligation; or

    (b) In payment for goods or services.

    2.  Before a state agency may enter into a contract pursuant to subsection 1, the agency must submit the proposed contract to the state treasurer for his review and transmittal to the state board of finance.

    3.  [If] Except as otherwise provided in subsection 4, if the issuer or operator charges the state agency a fee for each use of a credit card or debit card [,a contract entered into pursuant to subsection 1 must include a provision that requires the state agency to pay the fee charged by the issuer for the use of the credit card or debit card.

    4.  Except as otherwise provided in subsection 5, the payment of fees charged by the issuer for each use of a credit card or debit card must be treated in the same manner as any other administrative cost of the agency.

    5.] or for each electronic transfer of money, the state agency may require the cardholder or the person requesting the electronic transfer of money to pay a fee, which must not exceed the amount charged to the state agency by the issuer or operator.

    4.  A state agency that is required to pay a fee charged by the issuer or operator for the use of a credit card or debit card or for an electronic transfer of money may, pursuant to NRS 353.148, file a claim with the director of the department of administration for reimbursement of the fees paid to the issuer or operator during the immediately preceding quarter.

    [6.] 5.  As used in this section:

    (a) “Cardholder” means the person or organization named on the face of a credit card or debit card to whom or for whose benefit the credit card or debit card is issued by an issuer.

    (b) “Credit card” means any instrument or device, whether known as a credit card or credit plate, or by any other name, issued with or without a fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value on credit.

    (c) “Debit card” means any instrument or device, whether known as a debit card or by any other name, issued with or without a fee by an issuer for the use of the cardholder in depositing, obtaining or transferring funds.

    (d) “Electronic transfer of money” has the meaning ascribed to it in NRS 463.01473.


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ê2001 Statutes of Nevada, Page 1322 (Chapter 288, AB 649)ê

 

    (e) “Issuer” means a business organization, financial institution or authorized agent of a business organization or financial institution that issues a credit card or debit card.

    Sec. 17.  NRS 354.770 is hereby amended to read as follows:

    354.770  1.  A local government may enter into contracts with issuers of credit cards or debit cards , or operators of systems that provide for the electronic transfer of money to provide for the acceptance of credit cards , [or] debit cards or electronic transfers of money by the local government:

    (a) For the payment of money owed to the local government for taxes, interest, penalties or any other obligation; or

    (b) In payment for goods or services.

    2.  If the issuer or operator charges the local government a fee for each use of a credit card or debit card [, a contract entered into pursuant to subsection 1 must include a provision that requires the local government to pay the fee charged by the issuer for the use of the credit card or debit card

    3.  The payment of fees charged by the issuer for each use of a credit card or debit card must be treated in the same manner as any other administrative cost of the local government.

    4.] or for each electronic transfer of money, the local government may require the cardholder or the person requesting the electronic transfer of money to pay a fee, which must not exceed the amount charged to the local government by the issuer or operator.

    3.  As used in this section:

    (a) “Cardholder” means the person or organization named on the face of a credit card or debit card to whom or for whose benefit the credit card or debit card is issued by an issuer.

    (b) “Credit card” means any instrument or device, whether known as a credit card or credit plate, or by any other name, issued with or without a fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value on credit.

    (c) “Debit card” means any instrument or device, whether known as a debit card or by any other name, issued with or without a fee by an issuer for the use of the cardholder in depositing, obtaining or transferring funds.

    (d) “Electronic transfer of money” has the meaning ascribed to it in NRS 463.01473.

    (e) “Issuer” means a business organization, financial institution or authorized agent of a business organization or financial institution that issues a credit card or debit card.

    [(e)] (f) “Local government” has the meaning ascribed to it in NRS 354.474, except that the term does not include a court that has entered into a contract pursuant to NRS 1.113.

    Sec. 18.  This bill becomes effective on July 1, 2001.

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