Link to Page 2974

 

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ê2001 Statutes of Nevada, Page 2975ê

 

CHAPTER 583, SB 216

Senate Bill No. 216–Senators Care and O’Donnell

 

CHAPTER 583

 

AN ACT relating to contractors; providing for the adoption of standards for advertisements used by contractors who repair, restore, improve or construct residential pools and spas; enacting and revising various provisions pertaining to such contractors; requiring the state contractors’ board to adopt standard contract elements for use by such contractors; providing for the designation of an ombudsman for residential pools and spas; revising the provisions governing eligibility for compensation from the recovery fund; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 14, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 597 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

    Sec. 2.  1.  The board shall adopt by regulation standards for advertisements used by contractors in connection with the sale of contracts for the repair, restoration, improvement or construction of residential pools or spas.

    2.  The regulations adopted pursuant to subsection 1 must prohibit a contractor from employing “bait and switch” advertising or otherwise intentionally publishing, displaying or circulating any advertisement which is misleading or inaccurate in any material particular or which misrepresents any of the goods or services sold or furnished by the contractor to members of the public.

    3.  The board shall, in adopting the standards required by subsection 1, give consideration to the provisions of chapter 598 of NRS relating to advertisements that constitute deceptive trade practices and, to the extent practicable, adopt standards that are at least as stringent as those provisions.

    4.  A contractor shall not cause to be published or display or circulate any advertisement that does not comply with the standards adopted by the board pursuant to subsection 1.

    5.  As used in this section, “bait and switch” advertising has the meaning ascribed to it in NRS 482.351.

    Sec. 3.  1.  If a contractor who engages in the repair, restoration, improvement or construction of a residential pool or spa is determined by the board to have violated:

    (a) One or more of the provisions of NRS 597.716, 597.719 or 624.301 to 624.305, inclusive; or

    (b) Any regulation adopted by the board with respect to contracts for the repair, restoration, improvement or construction of a residential pool or spa,

the board may require that the contractor obtain the services of a construction control for each contract that the contractor enters into for the repair, restoration, improvement or construction of a residential pool or spa.

    2.  The contractor may not:


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

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

    3.  As used in this section, “construction control” has the meaning ascribed to it in NRS 627.050.

    Sec. 4.  1.  Any contractor or subcontractor who performs work for the repair, restoration, improvement or construction of a residential pool or spa shall, regardless of whether the work is performed under the direction of a builder who is also the owner of the property being improved:

    (a) Apply for and obtain all applicable permits for the project; and

    (b) Meet all applicable requirements imposed pursuant to:

         (1) This chapter;

         (2) Chapter 624 of NRS; and

         (3) Any regulations adopted by the board,

with respect to contracts for the repair, restoration, improvement or construction of a residential pool or spa.

    2.  If a contractor or subcontractor performs work for the repair, restoration, improvement or construction of a residential pool or spa and the work is performed under the direction of a builder who is also the owner of the property being improved, the owner shall comply with all state and local laws and ordinances for the submission of names, licenses and information concerning any required bonds and insurance with respect to the contractors and subcontractors working on the project.

    3.  With respect to a contract for the repair, restoration, improvement or construction of a residential pool or spa, regardless of use, the work performed pursuant to such a contract must be supervised and controlled directly by the qualified employee or qualified officer of the contractor.

    Sec. 4.5.  Except as otherwise provided in section 5 of this act, a contractor who engages in the repair, restoration, improvement or construction of a residential pool or spa shall not act as, or carry out the duties of, an officer, director, employee or owner of a bonding company, finance company, or any other corporation or business entity who cosigns, underwrites, obtains a deed of trust for, issues, sells, purchases or acquires a loan to finance the repair, restoration, improvement or construction of a residential pool or spa.

    Sec. 5.  1.  A contract for the repair, restoration, improvement or construction of a residential pool or spa, regardless of use, is not enforceable against the owner if the obtaining of a loan for all or a portion of the contract price is a condition precedent to the contract unless all of the following requirements are satisfied:

    (a) A third-party agrees to make the loan or give the financing.

    (b) The owner agrees to accept the loan or financing.

    (c) The owner does not rescind the loan or financing transaction within the period prescribed for rescission pursuant to the Truth in Lending Act, 15 U.S.C. §§ 1601 et seq., or chapter 598 of NRS, if applicable.

    2.  Unless and until all applicable requirements of subsection 1 are satisfied, a contractor shall not:

    (a) Perform or deliver any work, labor, material or services; or

    (b) Represent in any manner that the contract is enforceable or that the owner has any obligation under the contract.


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    3.  A contract for the repair, restoration, improvement or construction of a residential pool or spa, regardless of use, is not enforceable against the owner if the contractor provides a loan or gives financing for all or a portion of the contract price unless all of the following requirements are satisfied:

    (a) The owner agrees to accept the loan or financing.

    (b) The owner does not rescind the loan or financing transaction within the period prescribed for rescission pursuant to the Truth in Lending Act, 15 U.S.C. §§ 1601 et seq., or chapter 598 of NRS, if applicable.

    4.  Unless and until all applicable requirements of subsection 3 are satisfied, a contractor shall not:

    (a) Perform or deliver any work, labor, material or services; or

    (b) Represent in any manner that the contract is enforceable or that the owner has any obligation under the contract.

    5.  A contract for the repair, restoration, improvement or construction of a residential pool or spa, regardless of use, is not enforceable against the owner if the contractor receives from a third-party, either directly or indirectly, remuneration or any other thing of value for a loan to finance the repair, restoration, improvement or construction and that fact is not disclosed in writing in the contract.

    6.  As used in this section, “third-party” means a bonding company, finance company, or any other corporation or business entity who cosigns, underwrites, obtains a deed of trust for, issues, sells, purchases or acquires a loan to finance the repair, restoration, improvement or construction of a residential pool or spa.

    Sec. 6.  1.  A violation of any provision of NRS 597.716 or 597.719 or sections 2 to 5, inclusive, of this act, or any regulations adopted with respect to contracts for the repair, restoration, improvement or construction of a residential pool or spa by a contractor constitutes cause for disciplinary action pursuant to NRS 624.300.

    2.  It is unlawful for a person to violate any provision of NRS 597.716 or 597.719 or sections 2 to 5, inclusive, of this act.

    3.  Any person who violates any provision of NRS 597.716 or 597.719 or sections 2 to 5, inclusive, of this act:

    (a) For a first offense, is guilty of a misdemeanor and shall be punished by a fine of not more than $1,000, and may be further punished by imprisonment in the county jail for not more than 6 months.

    (b) For the second offense, is guilty of a gross misdemeanor and shall be punished by a fine of not less than $2,000 nor more than $4,000, and may be further punished by imprisonment in the county jail for not more than 1 year.

    (c) For the third or subsequent offense, is guilty of a class E felony and shall be punished by a fine of not less than $5,000 nor more than $10,000 and may be further punished by imprisonment in the state prison for not less than 1 year and not more than 4 years.

    4.  The imposition of a penalty provided for in this section is not precluded by any disciplinary action taken by the board against a contractor pursuant to the provisions of NRS 624.300 to 624.305, inclusive.

    Sec. 7.  NRS 597.713 is hereby amended to read as follows:

    597.713  As used in this section and NRS 597.716 and 597.719, [“contractor”] and sections 2 to 6, inclusive, of this act:

    1.  “Board” means the state contractors’ board.


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    2.  “Contractor” means a person licensed pursuant to the provisions of chapter 624 of NRS whose scope of work includes the construction, repair or maintenance of any residential swimming pool or spa, regardless of use, including the repair or replacement of existing equipment or the installation of new equipment, as necessary. The scope of such work includes layout, excavation, operation of construction pumps for removal of water, steelwork, construction of floors, installation of gunite, fiberglass, tile and coping, installation of all perimeter and filter piping, installation of all filter equipment and chemical feeders of any type, plastering of the interior, construction of decks, installation of housing for pool equipment and installation of packaged pool heaters.

    Sec. 8.  NRS 597.716 is hereby amended to read as follows:

    597.716  1.  A contractor who receives an initial payment of $1,000 or 10 percent of the aggregate contract price, whichever is less, for the repair, restoration, improvement or construction of a residential pool or spa shall start the work within 30 days after the date all necessary permits for the work, if any, are issued, unless the person who made the payment agrees in writing to a longer period to apply for the necessary permits or start the work or to longer periods for both.

    2.  A contractor who receives money for the repair, restoration, addition, improvement or construction of a residential pool or spa [must] shall complete the work diligently and shall not refuse to perform any work for any 30-day period.

    3.  If satisfactory payment is made for any portion of the work performed, the contractor shall, before any further payment is made, furnish the owner a full and unconditional release from any claim of mechanic’s lien for that portion of the work for which payment has been made.

    4.  The requirements of subsection 3 do not apply if the contract provides for the contractor to furnish a bond for payment and performance or joint control covering full performance and completion of the contract and the bond or joint control is furnished by the contractor.

    5.  An agreement or contract for the repair, restoration, improvement or construction of a residential pool or spa must contain a written statement explaining the rights of the customer under this section, NRS 597.713 and 597.719, and sections 2 to 6, inclusive, of this act and other relevant statutes.

    6.  A contractor may require final payment for the final stage or phase of the construction of a residential pool or spa after the completion of the plastering and the final inspection by the local building department, unless any installation of equipment, decking or fencing that is required in the contract is not completed.

    [7.  A violation of the provisions of this section by a contractor constitutes cause for disciplinary action pursuant to NRS 624.300.]

    Sec. 9.  NRS 597.719 is hereby amended to read as follows:

    597.719  1.  [A] The board shall adopt by regulation mandatory elements to be included in all contracts to be used by contractors for the repair, restoration, improvement or construction of a residential pool or spa. Such mandatory elements must not be waived or limited by contract or in any other manner. On and after October 1, 2001, any contract entered into between a contractor and the owner of a single-family residence for the repair, restoration, improvement or construction of a residential pool or spa must comply with the standard elements adopted by the board. A contract that does not comply with the standard elements adopted by the board is void and unenforceable against the owner.


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contract that does not comply with the standard elements adopted by the board is void and unenforceable against the owner.

    2.  Any such contract in an amount of more than $1,000 [entered into between a contractor and the owner of a single-family residence for the construction or alteration of a residential pool or spa] must contain in writing at least the following information:

    (a) The name of the contractor and his business address and license number . [;]

    (b) The name and mailing address of the owner and the address or legal description of the property . [;]

    (c) The date of execution of the contract . [;]

    (d) The estimated date of completion of all work to be performed under the contract . [;]

    (e) A description of the work to be performed under the contract . [;]

    (f) The total amount to be paid to the contractor by the owner for all work to be performed under the contract, including all applicable taxes . [;]

    (g) The amount , not to exceed $1,000 or 10 percent of the aggregate contract price, whichever is less, of any [advance] deposit paid or promised to be paid to the contractor by the owner [;] before the start of construction.

    (h) A statement that the contractor has provided the owner with the notice and informational form required by 624.600 . [;]

    (i) A statement that any additional work to be performed under the contract, whether or not pursuant to a change order, which will require the owner to pay additional money and any other change in the terms in the original contract must be agreed to in writing by the parties and incorporated into the original contract as a change order . [;] A change order is not enforceable against the owner contracting for the repair, restoration, improvement or construction of a residential pool or spa unless the change order clearly sets forth the scope of work to be completed and the price to be charged for the changes and is signed by the owner.

    (j) A plan and scale drawing showing the shape, size, dimensions and the specifications for the construction and equipment for the residential pool or spa and for other home improvements, and a description of the work to be done, the materials to be used and the equipment to be installed, and the agreed consideration for the work . [; and]

    (k) [The] Except as otherwise provided in this subsection, the dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments during the course of construction under the contract. The schedule of payments must show the amount of each payment as a sum in dollars and cents. The schedule of payments must not provide for the contractor to receive, nor may the contractor actually receive, payments in excess of 100 percent of the value of the work performed on the project at any time, excluding finance charges, except for an initial down payment as authorized by subsection 1 of NRS 597.716 or the regulations adopted by the board. With respect to a contract executed before October 1, 2001, if any schedule of payments set forth in the contract does not comply with the provisions of this chapter or chapter 624 of NRS or any regulations adopted pursuant thereto:

         (1) The obligation of the owner to make payments in accordance with the payment schedule shall be deemed void and unenforceable; and


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         (2) The lender, if any, may not initiate proceedings to enforce the payment of any applicable loan unless and until the contract is reformed or otherwise amended to comply with those provisions of law.

The provisions of this paragraph do not apply if the contractor has furnished a bond for payment and performance covering full performance and completion of the contract and the cost of the bond is included in the price of the project.

    (l) If the contract provides for payment of a commission to a salesperson out of the contract price, a statement that the payment must be made on a pro rata basis in proportion to the schedule of payments made to the contractor by the disbursing party in accordance with the provisions of paragraph (k).

Except as otherwise provided in subsection [4,] 5, the contract may contain such other conditions, stipulations or provisions as to which the parties may agree.

    [2.] 3.  The contract must contain [, in] :

    (a) A method whereby the owner may initial provisions of the contract, thereby indicating that those provisions have been read and are understood.

    (b) In close proximity to the signatures of the owner and the contractor, a notice stating that the owner [has] :

         (1) May contact the board if assistance is needed to clarify any of the provisions of the contract that the owner does not fully understand; and

         (2) Has the right to request a bond for payment and performance [.

    3.] if such a bond is not otherwise required pursuant to NRS 624.270.

    4.  At the time the owner signs the contract, the contractor shall furnish him a legible copy of all documents signed and a written and signed receipt for any money paid to the contractor by the owner. All written information provided in the contract must be printed in at least 10-point bold type.

    [4.] 5.  A condition, stipulation or provision in a contract or other agreement that requires a person to waive any right provided by this section and NRS 597.713 and 597.716 and sections 2 to 6, inclusive, of this act or relieves a person of an obligation or liability imposed by those sections is void. Failure to comply with the requirements of this section and NRS 597.713 and 597.716 and sections 2 to 6, inclusive, of this act renders a contract void and unenforceable [.] against the owner.

    [5.] 6.  The contractor shall apply for and obtain all necessary permits.

    Sec. 10.  Chapter 624 of NRS is hereby amended by adding thereto the provisions set forth as sections 11 and 12 of this act.

    Sec. 11.  1.  The board shall designate an employee as ombudsman for residential pools and spas.

    2.  The ombudsman for residential pools and spas shall:

    (a) Assist owners of single-family residences and contractors to understand their rights and responsibilities as set forth in NRS 597.713, 597.716 and 597.719 and sections 2 to 6, inclusive, of this act, and any regulations adopted pursuant thereto.

    (b) Notify the board if it appears that any person has engaged in any act or practice that constitutes a violation of any of the provisions of this chapter or NRS 597.713, 597.716 or 597.719 or sections 2 to 6, inclusive, of this act, or any regulations adopted pursuant thereto.


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    Sec. 12.  1.  Before granting an original contractor’s license to, or renewing the contractor’s license of, an applicant who engages or will engage in the repair, restoration, improvement or construction of residential pools or spas, the board may, in addition to any other conditions for the issuance or renewal of a license, require the applicant to file with the board a bond for the protection of consumers in an amount fixed by the board.

    2.  A bond required pursuant to subsection 1 is in addition to, may not be combined with and does not replace any other bond required pursuant to the provisions of this chapter. A contractor required to file a bond pursuant to subsection 1 shall maintain the bond for 2 years or for such longer period as the board may require.

    3.  A bond required pursuant to subsection 1 must be provided by a person whose long-term debt obligations are rated “A” or better by a nationally recognized rating agency.

    Sec. 13.  NRS 624.270 is hereby amended to read as follows:

    624.270  1.  Before issuing a contractor’s license to any applicant, the board shall require that the applicant:

    (a) File with the board a surety bond in a form acceptable to the board executed by the contractor as principal with a corporation authorized to transact surety business in the State of Nevada as surety; or

    (b) In lieu of such a bond, establish with the board a cash deposit as provided in this section.

    2.  Before granting renewal of a contractor’s license to any applicant, the board shall require that the applicant file with the board satisfactory evidence that his surety bond or cash deposit is in full force, unless the applicant has been relieved of the requirement as provided in this section.

    3.  Failure of an applicant or licensee to file or maintain in full force the required bond or to establish the required cash deposit constitutes cause for the board to deny, revoke, suspend or refuse to renew a license.

    4.  Except as otherwise provided in subsection 6, the amount of each bond or cash deposit required by this section must be fixed by the board with reference to the contractor’s financial and professional responsibility and the magnitude of his operations, but must be not less than $1,000 or more than [$100,000.] $500,000. The bond must be continuous in form and must be conditioned that the total aggregate liability of the surety for all claims is limited to the face amount of the bond irrespective of the number of years the bond is in force. A bond required by this section must be provided by a person whose long-term debt obligations are rated “A” or better by a nationally recognized rating agency. The board may increase or reduce the amount of any bond or cash deposit if evidence supporting such a change in the amount is presented to the board at the time application is made for renewal of a license or at any hearing conducted pursuant to NRS 624.291 or section 4 of Assembly Bill No. 620 of this [act.] session. Unless released earlier pursuant to subsection 5, any cash deposit may be withdrawn 2 years after termination of the license in connection with which it was established, or 2 years after completion of all work authorized by the board after termination of the license, whichever occurs later, if there is no outstanding claim against it.

    5.  After a licensee has acted in the capacity of a licensed contractor in the State of Nevada for not less than 5 consecutive years, the board may relieve the licensee of the requirement of filing a bond or establishing a cash deposit if evidence supporting such relief is presented to the board.


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deposit if evidence supporting such relief is presented to the board. The board may at any time thereafter require the licensee to file a new bond or establish a new cash deposit as provided in subsection 4 [if] :

    (a) If evidence is presented to the board supporting this requirement [or, pursuant] ;

    (b) Pursuant to subsection 6, after notification of a final written decision by the labor commissioner [.] ; or

    (c) Pursuant to subsection 7.

If a licensee is relieved of the requirement of establishing a cash deposit, the deposit may be withdrawn 2 years after such relief is granted, if there is no outstanding claim against it.

    6.  If the board is notified by the labor commissioner pursuant to NRS 607.165 that three substantiated claims for wages have been filed against a contractor within a 2-year period, the board shall require the contractor to file a bond or establish a cash deposit in an amount fixed by the board. The contractor shall maintain the bond or cash deposit for the period required by the board.

    7.  If a contractor who engages in the repair, restoration, improvement or construction of a residential pool or spa:

    (a) Becomes licensed pursuant to chapter 624 of NRS on or after July 1, 2001;

    (b) Is determined by the board to have violated one or more of the provisions of NRS 624.301 to 624.305, inclusive;

    (c) Enters into a contract on or after July 1, 2001, that is later found to be void and unenforceable against the owner pursuant to subsection 5 of NRS 597.719 or pursuant to any regulation adopted by the board with respect to contracts for the repair, restoration, improvement or construction of a residential pool or spa; or

    (d) Has five valid complaints filed against him with the board within any 15-day period,

the contractor shall comply with the provisions of subsection 8.

    8.  A contractor described in subsection 7 shall, before commencing work for the repair, restoration, improvement or construction of a residential pool or spa, obtain:

    (a) A performance bond in an amount equal to not less than 50 percent of the amount of the contract, conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions set forth in the contract. The performance bond must be solely for the protection of the owner of the property to be improved.

    (b) A payment bond in an amount equal to not less than 50 percent of the amount of the contract. The payment bond must be solely for the protection of persons supplying labor or materials to the contractor, or to any of his subcontractors, in carrying out the provisions of the contract.

A bond required pursuant to this subsection must be provided by a person whose long-term debt obligations are rated “A” or better by a nationally recognized rating agency. The contractor shall maintain the bond for the period required by the board. The contractor shall furnish to the building department of the city or county, as applicable, in which the work will be carried out, a copy of any bond.

    9.  As used in this section, “substantiated claims for wages” has the meaning ascribed to it in NRS 607.165.


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    Sec. 14.  NRS 624.750 is hereby amended to read as follows:

    624.750  1.  It is unlawful for a person to commit any act or omission described in subsection 2 of NRS 624.3013, NRS 624.3014 or subsection 1, 3 or 7 of NRS 624.3016.

    2.  [Any] Unless a greater penalty is otherwise provided by specific statute, any person who violates subsection 1, NRS 624.305, subsection 1 of NRS 624.700 or NRS 624.720 or 624.740:

    (a) For a first offense, is guilty of a misdemeanor and shall be punished by a fine of not more than $1,000, and may be further punished by imprisonment in the county jail for not more than 6 months.

    (b) For the second offense, is guilty of a gross misdemeanor and shall be punished by a fine of not less than $2,000 nor more than $4,000, and may be further punished by imprisonment in the county jail for not more than 1 year.

    (c) For the third or subsequent offense, is guilty of a class E felony and shall be punished by a fine of not less than $5,000 nor more than $10,000 and may be further punished by imprisonment in the state prison for not less than 1 year and not more than 4 years.

    3.  Imposition of a penalty provided for in this section is not precluded by any disciplinary action taken by the board against a contractor pursuant to the provisions of NRS 624.300 to 624.305, inclusive.

    Sec. 15.  NRS 627.175 is hereby amended to read as follows:

    627.175  [The]

    1.  Except as otherwise provided in subsection 2, the following shall not be a construction control or subject to the provisions of this chapter:

    [1.] (a) A contractor licensed under the laws of the State of Nevada, paying a subcontractor, supplier of material, laborer [,] or other person for bills incurred in the construction, repair, alteration or improvement of any premises.

    [2.] (b) A subcontractor licensed to do business under the laws of the State of Nevada, paying a subcontractor, supplier of material, laborer or other person for bills incurred in the construction, repair, alteration or improvement of any premises.

    [3.] (c) An owner-contractor paying a contractor, subcontractor, supplier of material, laborer or other person for bills incurred in the construction, repair, alteration or improvement of any premises.

    [4.] (d) A lender of construction loan [moneys,] money, provided that he disburses the [funds] money directly to a contractor authorized by the borrower to do the work, or disburses the [funds] money directly to the owner of the premises.

    [5.] (e) A lender of construction loan [moneys,] money, to an owner of a residential property or to an owner of not more than four units if the loan is made to repair or improve such property and the construction costs are $10,000 or less, or 35 percent of the appraised value of the improvements and repairs, whichever is greater.

    2.  The provisions of this chapter apply to a contractor who is required to obtain the services of a construction control pursuant to the provisions of section 3 of this act.

    Sec. 16.  Section 20.5 of chapter 423, Statutes of Nevada 1999, at page 1972, is hereby amended by adding thereto a new section to read as follows:

    Sec. 20.5.  1.  The provisions of section 10 of this act apply to qualified services completed on or after October 1, 1999.


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    2.  The provisions of section 11 of this act apply to judgments entered on or after July 1, 2000.

    Sec. 17.  Section 21 of chapter 423, Statutes of Nevada 1999, at page 1972, is hereby amended to read as follows:

    Sec. 21.  1.  This section and sections 1 and 9 of this act become effective on October 1, 1999.

    2.  Sections 2 to 8, inclusive, and 10 to [20,] 20.5, inclusive, of this act become effective on July 1, 2001.

    Sec. 18.  The amendatory provisions of this act do not apply to offenses committed before July 1, 2001.

    Sec. 19.  1.  This section and section 1 of this act become effective upon passage and approval.

    2.  Sections 2 and 9 of this act become effective upon passage and approval for the purpose of adopting regulations necessary to carry out those sections and on October 1, 2001, for all other purposes.

    3.  Sections 3 to 8, inclusive, 10, 11, 12, 14, 15 and 18 of this act become effective on July 1, 2001.

    4.  Sections 13, 16 and 17 of this act become effective at 12:01 a.m. on July 1, 2001.

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CHAPTER 584, SB 362

Senate Bill No. 362–Senators Titus, Care, Carlton, O’Connell, Porter, Coffin, Amodei, Raggio, Rhoads, Schneider, Shaffer, Townsend, Washington and Wiener

 

Joint Sponsors: Assemblymen Perkins, Bache, Manendo, Parks, Buckley, Neighbors, Anderson, Dini, Freeman, Giunchigliani, Lee, Leslie, McClain, Mortenson, Oceguera, Smith, Tiffany and Von Tobel

 

CHAPTER 584

 

AN ACT relating to utilities; consolidating and revising the process for reviewing applications for permits, licenses and other approvals by the public utilities commission of Nevada and certain other state and local entities for the construction of certain utility facilities; requiring the commission and other state and local entities to consider such an application in conjunction with any federal proceedings concerning the construction of that facility; making various changes to the Utility Environmental Protection Act; and providing other matters properly relating thereto.

 

[Approved: June 14, 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 the provisions set forth as sections 2 to 8, inclusive, of this act.

    Sec. 2.  “Appropriate federal agency” means a federal agency responsible for the enforcement of environmental laws whose approval is required for the construction of a utility facility.

    Sec. 3.  “Environmental review” includes, without limitation, an environmental assessment and environmental impact statement.

    Sec. 4.  1.  “Other permitting entity” means any state or local entity:


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    (a) That is responsible for the enforcement of environmental laws and whose approval is required for the construction of a utility facility, including, without limitation, the state environmental commission, the state department of conservation and natural resources and a local air pollution control board; or

    (b) Whose approval is required for granting any variance, special use permit, conditional use permit or other special exception under NRS 278.010 to 278.319, inclusive, or 278.640 to 278.675, inclusive, or any regulation or ordinance adopted pursuant thereto, that is required for the construction of a utility facility.

    2.  The term does not include the commission or the state engineer.

    Sec. 5.  1.  Notwithstanding any specific statute, regulation or ordinance to the contrary, the process for the issuance by the commission or any other permitting entity of a permit, license or other approval for the construction of a utility facility which is subject to the provisions of NRS 704.820 to 704.900, inclusive, and sections 2 to 8, inclusive, of this act must be conducted in accordance with those provisions.

    2.  No provision of NRS 704.820 to 704.900, inclusive, and sections 2 to 8, inclusive, of this act exempts or is intended to exempt the construction of a utility facility from any requirements that are or may be imposed on the construction of the utility facility by the Federal Government.

    Sec. 6.  If a public utility that is subject to the provisions of NRS 704.741 to 704.751, inclusive, applies to the commission for a permit for the construction of a utility facility:

    1.  The commission has exclusive jurisdiction with regard to the determination of whether a need exists for the utility facility; and

    2.  No other permitting entity may consider, in its review of any application for a permit, license or other approval for the construction of the utility facility, whether a need exists for the utility facility.

    Sec. 7.  1.  Except as otherwise provided in this subsection, if an environmental review relating to the construction of a utility facility in its entirety, or to the construction of any portion of a utility facility, has already been conducted by an appropriate federal agency or by a state, regional or local agency, the commission and each other permitting entity:

    (a) Shall accept and incorporate the findings and conclusions made in that review into any application for a permit, license or other approval for the construction of the utility facility which is filed with the commission or other permitting entity; and

    (b) Shall not conduct any duplicative environmental review on the application.

The commission or other permitting entity need not comply with the provisions of this subsection if the commission or other permitting entity has already completed its own environmental review.

    2.  The commission and other permitting entities shall cooperate with each other and the appropriate federal agencies on applications for permits, licenses and other approvals to construct a utility facility and coordinate their activities, including, without limitation, conducting hearings or environmental reviews, to avoid duplication of activities.

    Sec. 8.  1.  Except as otherwise required to comply with federal law:

    (a) Not later than 150 days after a person has filed an application regarding a utility facility pursuant to subsection 1 of NRS 704.870:


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ê2001 Statutes of Nevada, Page 2986 (Chapter 584, SB 362)ê

 

         (1) The commission shall grant or deny approval of that application; and

         (2) Each other permitting entity shall, if an application for a permit, license or other approval for the construction of the utility facility was filed with the other permitting entity on or before the date on which the applicant filed the application pursuant to subsection 1 of NRS 704.870, grant or deny the application filed with the other permitting entity.

    (b) Not later than 120 days after a person has filed an amended application regarding a utility facility pursuant to subsection 2 of NRS 704.870:

         (1) The commission shall grant or deny approval of the amended application; and

         (2) Each other permitting entity shall, if an application for a permit, license or other approval for the construction of the utility facility was filed with the other permitting entity on or before the date on which the applicant filed with the appropriate federal agency an application for approval for the construction of the utility facility, grant or deny the amended application filed with the other permitting entity.

    2.  The commission or other permitting entity shall make its determination upon the record and may grant or deny the application as filed, or grant the application upon such terms, conditions or modifications of the construction, operation or maintenance of the utility facility as the commission or other permitting entity deems appropriate.

    3.  The commission shall serve a copy of its order and any opinion issued with it upon each party to the proceeding before the commission.

    Sec. 9.  NRS 704.830 is hereby amended to read as follows:

    704.830  As used in NRS 704.820 to 704.900, inclusive, and sections 2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 704.840 to 704.860, inclusive, and sections 2, 3 and 4 of this act have the meanings ascribed to them in those sections.

    Sec. 10.  NRS 704.860 is hereby amended to read as follows:

    704.860  “Utility facility” means:

    1.  Electric generating plants and their associated facilities, other than plants and their associated facilities that are or will be located [in counties] entirely within the boundaries of a county whose population is 100,000 or more . [;] As used in this subsection, “associated facilities” includes, without limitation, any facilities for the storage, transmission or treatment of water, including, without limitation, facilities to supply water or for the treatment or disposal of wastewater, which support or service an electric generating plant.

    2.  Electric transmission lines and transmission substations that:

    (a) Are designed to operate at 200 kilovolts or more [, and] ;

    (b) Are not required by local ordinance to be placed underground [when] ; and

    (c) Are constructed outside any incorporated city . [;]

    3.  Gas transmission lines, storage plants, compressor stations and their associated facilities when constructed outside [any] :

    (a) Any incorporated city; and

    (b) Any county whose population is 100,000 or more.

    4.  Water storage, transmission and treatment facilities, other than facilities for the storage, transmission or treatment of water from mining operations . [; and]


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ê2001 Statutes of Nevada, Page 2987 (Chapter 584, SB 362)ê

 

    5.  Sewer transmission and treatment facilities.

    Sec. 11.  NRS 704.870 is hereby amended to read as follows:

    704.870  1.  [A] Except as otherwise provided in subsection 2, a person who [applies for] wishes to obtain a permit for a utility facility must file with the commission an application, in such a form as the commission prescribes, containing:

    (a) A description of the location and of the utility facility to be built thereon;

    (b) A summary of any studies which have been made of the environmental impact of the facility; and

    (c) A description of any reasonable alternate location or locations for the proposed facility, a description of the comparative merits or detriments of each location submitted, and a statement of the reasons why the primary proposed location is best suited for the facility.

A copy or copies of the studies referred to in paragraph (b) must be filed with the commission and be available for public inspection.

    2.  If a person wishes to obtain a permit for a utility facility and a federal agency is required to conduct an environmental analysis of the proposed utility facility, the person must:

    (a) Not later than the date on which the person files with the appropriate federal agency an application for approval for the construction of the utility facility, file with the commission and each other permitting entity an application, in such a form as the commission or other permitting entity prescribes, containing:

         (1) A general description of the proposed utility facility; and

         (2) A summary of any studies which the applicant anticipates will be made of the environmental impact of the facility; and

    (b) Not later than 30 days after the issuance by the appropriate federal agency of a final environmental assessment or environmental impact statement relating to the construction of the utility facility:

         (1) File with the commission an amended application that complies with the provisions of subsection 1; and

         (2) File with each other permitting entity an amended application for a permit, license or other approval for the construction of the utility facility.

    3.  A copy of [the] each application and amended application filed with the commission must be filed with the administrator of the division of environmental protection of the state department of conservation and natural resources.

    [3.] 4.  Each application and amended application filed with the commission must be accompanied by:

    (a) Proof of service of a copy of the application or amended application on the clerk of each local government in the area in which any portion of the facility is to be located, both as primarily and as alternatively proposed; and

    (b) Proof that public notice thereof was given to persons residing in the municipalities entitled to receive notice pursuant to paragraph (a) by the publication of a summary of the application or amended application in newspapers published and distributed in the area in which the utility facility is proposed to be located.

    Sec. 12.  NRS 704.885 is hereby amended to read as follows:

    704.885  1.  The parties to a permit proceeding include:

    (a) The applicant.


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ê2001 Statutes of Nevada, Page 2988 (Chapter 584, SB 362)ê

 

    (b) The division of environmental protection of the state department of conservation and natural resources.

    (c) Each local government entitled to receive service of a copy of the application pursuant to subsection [3] 4 of NRS 704.870, if it has filed with the commission a notice of intervention as a party, within 30 days after the date it was served with a copy of the application.

    (d) Any natural person residing in a local government entitled to receive service of a copy of the application pursuant to subsection [3] 4 of NRS 704.870, if such a person has petitioned the commission for leave to intervene as a party within 30 days after the date of the published notice and if the petition has been granted by the commission for good cause shown.

    (e) Any domestic nonprofit corporation or association, formed in whole or in part to promote conservation of natural beauty, to protect the environment, personal health or other biological values, to preserve historical sites, to promote consumer interests, to represent commercial and industrial groups, or to promote the orderly development of the areas in which the facility is to be located, if it has filed with the commission a notice of intent to be a party within 30 days after the date of the published notice.

    2.  Any person may make a limited appearance in the proceeding by filing a statement of position within 30 days after the date of the published notice. A statement filed by a person making a limited appearance becomes part of the record. No person making a limited appearance has the right to present oral testimony or cross-examine witnesses.

    3.  The commission may, for good cause shown, grant a petition for leave to intervene as a party to participate in subsequent phases of the proceeding, filed by a municipality, government agency, person or organization who is identified in paragraph (c), (d) or (e) of subsection 1, but who failed to file in a timely manner a notice of intervention, a petition for leave to intervene or a notice of intent to be a party, as the case may be.

    Sec. 13.  NRS 704.890 is hereby amended to read as follows:

    704.890  1.  [Within 150 days after a person has filed an application for a permit, the commission shall render a decision upon the record either granting or denying the application as filed, or granting it upon such terms, conditions or modifications of the construction, operation or maintenance of the utility facility as the commission deems appropriate.

    2.]  Except as otherwise provided in subsection [5,] 3, the commission may not grant a permit for the construction, operation and maintenance of a utility facility, either as proposed or as modified by the commission, to a person unless it finds and determines:

    (a) The nature of the probable effect on the environment;

    (b) The extent to which the facility is needed to ensure reliable utility service to customers in this state;

    (c) That the need for the facility balances any adverse effect on the environment;

    (d) That the facility represents the minimum adverse effect on the environment, considering the state of available technology and the nature and economics of the various alternatives;

    [(c)] (e) That the location of the facility as proposed conforms to applicable state and local laws and regulations issued thereunder [; and

    (d)] and the applicant has obtained, or is in the process of obtaining, all other permits, licenses and approvals required by federal, state and local statutes, regulations and ordinances; and


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ê2001 Statutes of Nevada, Page 2989 (Chapter 584, SB 362)ê

 

    (f) That the facility will serve the public interest.

    [3.] 2.  If the commission determines that the location of all or a part of the proposed facility should be modified, it may condition its permit upon such a modification.

    [4.  A copy of the order and any opinion issued with it must be served upon each party.

    5.] If the applicant has not obtained all the other permits, licenses and approvals required by federal, state and local statutes, regulations and ordinances as of the date on which the commission decides to issue a permit, the commission shall condition its permit upon the applicant obtaining those permits and approvals.

    3.  The requirements set forth in paragraph [(d)] (f) of subsection [2] 1 do not apply to any application for a permit which is filed by a state government or political subdivision thereof.

    Sec. 14.  NRS 704.891 is hereby amended to read as follows:

    704.891  1.  Any person other than a public utility who receives a permit issued by the commission pursuant to [subsection 2 of NRS 704.890 shall, on or before the date on which construction of a utility facility is commenced and on a date no later than 12 months before the scheduled date of commercial operation of that facility,] NRS 704.820 to 704.900, inclusive, and sections 2 to 8, inclusive, of this act shall, as provided in subsection 2, file with the commission reports which contain:

    [1.] (a) The location, nature and capacity of that facility;

    [2.] (b) The anticipated date for commercial operation of that facility;

    [3.] (c) Information regarding whether any public utility in this state has contracted for the purchase of the capacity or other services of that facility; and

    [4.] (d) Information regarding whether any capacity or other services of that facility is available for purchase by public utilities in this state.

    2.  The reports required by subsection 1 must be filed:

    (a) On or before the date on which construction of a utility facility is commenced; and

    (b) On a date not later than:

         (1) Twelve months before the scheduled date of commercial operation of that facility; or

         (2) Thirty days before the actual date of commercial operation of that facility,

whichever is earlier.

    Sec. 15.  NRS 704.895 is hereby amended to read as follows:

    704.895  1.  Any party aggrieved by any order issued by the commission on an application for a permit may apply for a rehearing within 15 days after issuance of the order. Any party aggrieved by the final order of the commission on rehearing may obtain judicial review thereof by filing [of] a complaint in a district court within 30 days after the issuance of such final order. Upon receipt of such complaint, the commission shall forthwith deliver to the court a copy of the written transcript of the record of the proceeding before it and a copy of its decision and opinion entered therein, which [shall constitute] constitutes the record on judicial review.

    2.  The grounds for and the scope for review of the court [shall be] are limited to whether the opinion and order of the commission [is:] are:

    (a) In conformity with the constitution and the laws of the State of Nevada and of the United States;


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ê2001 Statutes of Nevada, Page 2990 (Chapter 584, SB 362)ê

 

    (b) Supported by substantial evidence in the record;

    (c) Made in accordance with the procedures set forth in NRS 704.820 to 704.900, inclusive, and sections 2 to 8, inclusive, of this act or established order, rule or regulation of the commission; and

    (d) Arbitrary, capricious or an abuse of discretion.

    Sec. 16.  NRS 704.900 is hereby amended to read as follows:

    704.900  The commission, in the discharge of its duties under NRS 704.820 to 704.900, inclusive, and sections 2 to 8, inclusive, of this act, or any other law, [is authorized to] shall, to the extent practicable, make joint investigations, hold joint hearings within or without the state, and issue joint or concurrent orders in conjunction or concurrence with any official or agency of any state or of the United States, whether in the holding of such investigations or hearings, or in the making of such orders, the commission functions under agreements or compacts between states or under the concurrent power of states to regulate interstate commerce, or as an agency of the United States, or otherwise. The commission [,] may, in the discharge of its duties under NRS 704.820 to 704.900, inclusive, [is further authorized to] and sections 2 to 8, inclusive, of this act, negotiate and enter into agreements or compacts with agencies of other states, pursuant to any consent of the Congress, for cooperative efforts in permitting the construction, operation and maintenance of utility facilities in accord with the [purpose] purposes of NRS 704.820 to 704.900, inclusive, and sections 2 to 8, inclusive, of this act, and for the enforcement of the respective state laws regarding them.

    Sec. 17.  NRS 459.520 is hereby amended to read as follows:

    459.520  1.  The commission shall adopt regulations for the granting, renewal, modification, suspension, revocation and denial of permits.

    2.  If the local government within whose territory a facility for the treatment, storage or disposal of hazardous waste is to be located requires that a special use permit or other authorization be obtained for such a facility or activity, the application to the department for a permit to operate such a facility must show that local authorization has been obtained. This requirement does not apply to an application for a permit to construct a utility facility that is subject to the provisions of NRS 704.820 to 704.900, inclusive, and sections 2 to 8, inclusive, of this act.

    3.  Permits may contain terms and conditions which the department considers necessary and which conform to the provisions of regulations adopted by the commission.

    4.  Permits may be issued for any period of not more than 5 years.

    5.  A permit may not be granted or renewed if the director determines that granting or renewing the permit is inconsistent with any regulation of the commission relating to hazardous waste or with the plan for management of hazardous waste developed pursuant to NRS 459.485. The provisions of this subsection do not apply to a permit granted or under review before July 1, 1987.

    6.  The department may suspend or revoke a permit pursuant to the commission’s regulations if the holder of the permit fails or refuses to comply with the terms of the permit or a regulation of the commission relating to hazardous waste.


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ê2001 Statutes of Nevada, Page 2991 (Chapter 584, SB 362)ê

 

    Sec. 18.  The amendatory provisions of this act apply only to an application for a permit, license or other approval to construct a utility facility that is filed on or after the effective date of this act. As used in this section, “utility facility” has the meaning ascribed to it in NRS 704.860, as amended by this act.

    Sec. 19.  This act becomes effective upon passage and approval.

________

 

CHAPTER 585, SB 584

Senate Bill No. 584–Committee on Finance

 

CHAPTER 585

 

AN ACT relating to projects of capital improvement; increasing the total amount of money that may be committed beyond the biennium for all contracts for retrofitting state buildings for energy efficiency; providing for the issuance of general obligation bonds of the state; requiring the repayment for certain projects by certain state agencies; authorizing certain expenditures by the State Public Works Board; levying a property tax to support the consolidated bond interest and redemption fund; exempting certain projects of the Legislative Counsel Bureau from the provisions of chapter 338 of NRS; authorizing the issuance of additional revenue bonds by the Board of Regents of the University of Nevada; making appropriations; and providing other matters properly relating thereto.

 

[Approved: June 14, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 338.1906 is hereby amended to read as follows:

    338.1906  1.  Upon request by or consultation with an officer or employee of the state who is responsible for the budget of a department, board, commission, agency or other entity of the state, the appropriate energy retrofit coordinator may request the approval of the state board of examiners to advertise a request for proposals to retrofit a building, or any portion thereof, that is occupied by the department, board, commission, agency or other entity, to make the use of energy in the building, or portion thereof, more efficient.

    2.  Upon approval of the state board of examiners, the coordinator shall prepare a request for proposals for the retrofitting of one or more buildings, or any portion thereof, which includes:

    (a) The name and location of the coordinator;

    (b) A brief description of the requirements for the initial audit of the use of energy and the retrofitting;

    (c) Where and how specifications of the requirements for the initial audit of the use of energy and the retrofitting may be obtained;

    (d) The date and time not later than which proposals must be received by the coordinator; and

    (e) The date and time when responses will be opened.

    3.  The request for proposals must be published in at least one newspaper of general circulation in the state.

    4.  After receiving the proposals but before making a decision on the proposals, the coordinator shall consider:

    (a) The best interests of the state;


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ê2001 Statutes of Nevada, Page 2992 (Chapter 585, SB 584)ê

 

    (b) The experience and financial stability of the persons submitting the proposals;

    (c) Whether the proposals conform with the terms of the request for proposals;

    (d) The prices of the proposals; and

    (e) Any other factor disclosed in the request for proposals.

    5.  The coordinator shall determine the relative weight of each factor before a request for proposals is advertised. The weight of each factor must not be disclosed before the date proposals are required to be submitted to the coordinator.

    6.  After reviewing the proposals, if the coordinator determines that sufficient energy could be saved to justify retrofitting the building or buildings, or portion thereof, the coordinator shall select the best proposal and request the approval of the state board of examiners to award the contract. The request for approval must include the proposed method of financing the audit and retrofit, which may include an installment contract, a shared savings contract or any other contract for a reasonable financing arrangement. Such a contract may commit the state to make payments beyond the biennium in which the contract is executed, but the interest due on any debt created pursuant to this section must be paid at least semiannually, payments must be made on the principal at least annually and the debt must be fully repaid on or before May 1, 2013.

    7.  Before approving a retrofit pursuant to this section, the state board of examiners shall evaluate any projects that would utilize shared savings as a method of payment or any method of financing that would commit the state to make payments beyond the biennium in which the contract is executed to ensure that:

    (a) The amount of energy to be saved will likely justify the cost of the retrofit;

    (b) The state is likely to continue to occupy the building for the entire period required to recoup the cost of the retrofit in energy savings; and

    (c) The limitation set forth in subsection 9 will not be exceeded.

    8.  Upon approval of the state board of examiners, the coordinator shall execute the contract and notify:

    (a) The state board of examiners of the total amount of money committed by the contract per year; and

    (b) Each officer or employee who is responsible for the budget of a department, board, commission, agency or other entity which occupies a portion of a building that will be retrofitted of the amount of money it will be required to pay annually for its portion of the retrofit.

    9.  The total amount of money committed beyond the biennium for all contracts executed pursuant to this section must not exceed [$5,000,000] $15,000,000 at any one time.

    10.  The legislature hereby pledges that a tax will be levied to pay the principal and interest on any indebtedness resulting from a contract executed pursuant to this section as they become due if the required payments will not be made by the entity that executed the contract from its budgeted accounts and the proceeds from any such taxes are hereby specially appropriated for this purpose.

    11.  NRS 338.1385 does not apply to a project for which a request for proposals is advertised and the contract is awarded pursuant to the provisions of this section.


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

ê2001 Statutes of Nevada, Page 2993 (Chapter 585, SB 584)ê

 

    Sec. 2.  There is hereby appropriated from the state general fund to the State Public Works Board the sum of $14,000,472 to support the board in carrying out the program of capital improvements summarized in this section. This amount is allocated to projects numbered and described in the executive budget for the fiscal years 2001-2002 and 2002-2003 or otherwise described as follows:

 

Description                                                                                                                Project No.                         Amount

 

    1.  Capital improvements for the Department of Prisons:

Heating system renovation at Carlin Conservation Camp................................ 01-M29    $189,075

Upgrade exercise areas of units 1-8 at ESP........................................................... 01-M30    $202,177

Rehabilitate shower rooms at NNCC...................................................................... 01-M31    $548,563

Upgrade culinary clipper room at NNCC............................................................... 01-M32    $167,323

Replace windows in housing units 1-4 at NNCC.................................................. 01-M33    $473,694

Renovate temperature control system at NNCC.................................................. 01-M34 $98,690

Replace natural gas line to boiler plant at NSP..................................................... 01-M35    $152,213

Coordinate standby power for SDCC with standby power system installed for HDSP 01-M36    $597,847

Replace vehicle sally port gates at SDCC ............................................................. 01-M37    $224,986

Upgrade pedestrian entrance area at SDCC.......................................................... 01-M38 $53,727

Renovate HVAC in multipurpose building at WSCC.......................................... 01-M39    $308,798

Sewage treatment plant improvements at SNCC, LCC, PCC and ECC.......... 01-M40    $367,277

Replace Perimeter Razor Wire at SDCC................................................................ 01-M41    $264,986

    2.  Capital improvements for the Office of the Military:

Advanced planning for Las Vegas readiness center................................................ 01-C6 $75,000

    3.  Capital improvements for the University and Community College System of Nevada:

Furnishings and build-out for southern science center, Desert Research Institute 01-C17    $1,207,127

Furnishings for Pennington medical education building, UNR............................ 01-C19    $2,102,752

Advanced planning for student services addition and renovation of Frazier hall, UNLV 01-C26 $300,000


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ê2001 Statutes of Nevada, Page 2994 (Chapter 585, SB 584)ê

 

    4.  Capital improvements for the State Department of Conservation and Natural Resources:

Expand shop at Pioche conservation camp                                                           01-M9    $124,987

    5.  Capital improvements for the Department of Human Resources:

Gym improvements at Caliente Youth Center                                                    01-M10    $88,991

Install backflow preventors and valves in buildings 7, 8, 11, 12 and 15, SNCAS 01-M11    $104,948

Replace chillers in building 7 at SNCAS                                                                01-M12    $129,392

Replace door locks on housing units at Caliente Youth Center                        01-M13    $87,008

HVAC renovations at Caliente Youth Center                                                      01-M14    $212,947

Remodel reception area in buildings 7 and 15, SNCAS                                     01-M15    $174,080

HVAC renovations in building 9 at SNCAS                                                         01-M16    $133,694

Exterior painting and block sealing for buildings 13, 14, 15, 16, 17 and the pool house, SNCAS                                                                                                                         01-M17    $181,457

Scan alarm upgrades at Lakes Crossing                                                               01-M19    $273,885

Replace door hardware in buildings 2, 3, and 3A, SNAMHS                            01-M20    $274,385

Replace doors in buildings 9, 10, 11, 12, 13, 14 and 15, SNCAS                     01-M21    $99,308

Replace water heaters in building 3, SNAMHS                                                    01-M22    $86,928

Safety and security upgrades, Lakes Crossing                                                     01-M23    $95,079

Repair stucco, patch and paint building 3, SNAMHS                                        01-M24    $87,727

    6.  Capital improvements for the Department of Administration:

Purchase and renovate former EICoN building in Carson City                           01-C3    $492,257

Advanced planning for 2003 and future CIP Programs                                        01-C5    $25,803

Capitol, capitol annex and Blasdel building renovations                                   01-C10    $41,895

Repairs to the Governor’s mansion                                                                          01-M2    $539,578

HVAC renovations in buildings 12 and 13 at the Stewart Complex, Carson City 01-M3    $154,815

Repairs and improvements to Grant Sawyer state office building                     01-M4    $708,036

Improvements to the Clear Creek Youth Center                                                   01-M5    $1,435,232

Restroom and ceiling upgrades at Kinkead building, Carson City                   01-M44    $466,725


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ê2001 Statutes of Nevada, Page 2995 (Chapter 585, SB 584)ê

 

Statewide asbestos, lead and indoor air quality program                                      01-S6    $341,574

Statewide underground storage tank removal program                                         01-S7    $305,506

    Sec. 3.  Any remaining balance of the appropriations made by section 2 of this act must not be committed for expenditure after June 30, 2005, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 4.  The State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $196,490,014 for the capital improvements summarized in this section. This amount is allocated to projects numbered and described in the executive budget for the fiscal years 2001-2002 and 2002-2003 or otherwise described as follows:

 

                                                                                                                          Description  Project No.            Amount

 

    1.  Capital improvements for the Department of Prisons:

High Desert State Prison, Phase III                                                                         01-C1    $46,405,032

Rehabilitate SNCC                                                                                                     01-C2    $4,160,424

    2.  Capital improvements for the Office of the Military:

National Guard Rural Armory renovations                                                         01-C12    $2,033,001

    3.  Capital improvements for the University and Community College System of Nevada:

Planning, design and utility infrastructure for science and engineering complex, UNLV    01-C15                                                                                                            $8,832,152

Furnishings and build-out, Redfield campus, phase I, UNR                            01-C16    $2,474,412

Furnishings and build-out of library and student center, WNCC                    01-C18    $1,485,819

Furnishings for science building on West Charleston campus, CCSN            01-C20    $3,502,062

Advanced planning through plan checking for health sciences and biotech building on West Charleston campus, CCSN                                                                        01-C21L    $1,446,720

Student development center, phase II and physical plant, TMCC                01-C22    $11,000,000

Wright Hall addition and renovation, UNLV                                                      01-C23    $19,773,104

New campus library, UNR                                                                                      01-C24    $22,000,000

Academic and student services building, NSC                                                    01-C25    $13,400,000

Telecommunications building on Cheyenne campus, CCSN                       01-C29L    $19,000,000

Transitional “bridge” building, UNLV                                                                01-C30L    $5,000,000

Advanced planning and site preparation for dental school, UNLV             01-C31L    $1,000,000


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ê2001 Statutes of Nevada, Page 2996 (Chapter 585, SB 584)ê

 

Medical school dental residency program improvements, UNR                01-C32L    $1,000,000

Campus improvements, System Offices                                                             01-U1    $100,000

Campus improvements, UNLV                                                                             01-U2    $3,023,360

Campus improvements, UNR                                                                                01-U3    $4,331,730

Campus improvements, CCSN                                                                             01-U4    $973,590

Campus improvements, DRI                                                                                 01-U5    $337,000

Campus improvements, GBC                                                                                01-U6    $250,000

Campus improvements, TMCC                                                                            01-U7    $679,800

Campus improvements, WNCC                                                                            01-U8    $304,520

    4.  Capital improvements for the Office of Veterans’ Services:

Finalize southern Nevada veterans’ home                                                          01-C8    $1,060,438

    5.  Capital improvements for the Department of Human Resources:

Special children’s clinic addition and remodel                                                    01-C9    $2,182,853

Mold remediation and prevention, SNCAS                                                   01-M46L    $1,590,446

    6.  Capital improvements for the Department of Administration:

Remodel Carson City Courthouse for the Office of the Attorney General, phase II 01-C14 $1,700,000

Purchase and renovate former EICoN building in Carson City                      01-C3    $5,023,584

New State Motor Pool building                                                                              01-C4    $2,867,797

Capitol, capitol annex and Blasdel building renovations                               01-C10    $2,277,092

Remodel building 17 at Stewart Complex, Carson City                                 01-C11    $1,446,137

Replace HVAC system serving State Printing Office, Carson City                01-M7    $206,125

Exterior repairs to the State Printing Office, Carson City                                01-M8    $206,146

Statewide roofing program                                                                                      01-S1    $983,382

Statewide ADA program                                                                                          01-S2    $939,102

Statewide fire sprinkler program                                                                            01-S3    $1,580,000

Statewide paving program                                                                                      01-S5    $712,944

Statewide underground storage tank removal program                                    01-S7 $54,613

    7.  Capital improvements for the Department of Information Technology:

Replace uninterruptible power supply at computer facility, Carson City  01-M25    $313,143

HVAC upgrades at computer facility, Carson City                                        01-M26    $538,974

Replace boiler, pumps and piping at computer facility, Carson City         01-M27    $174,771

Analyze and upgrade electrical and air conditioning systems at computer facility, Carson City                                                                                                            01-M28    $119,741


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

ê2001 Statutes of Nevada, Page 2997 (Chapter 585, SB 584)ê

 

    Sec. 5.  Any remaining balance of the allocated amounts authorized in section 4 of this act must not be committed for expenditure after June 30, 2005, and reverts to the bond interest and redemption account in the consolidated bond interest and redemption fund as soon as all payments of money committed have been made.

    Sec. 6.  1.  The State Board of Finance may issue the bonds authorized pursuant to section 4 of this act at the time deemed appropriate by the Board based on the schedule established for the completion of the projects described in that section.

    2.  The State Controller may advance temporarily from the state general fund, upon the approval of the Chief of the Budget Division of the Department of Administration, to the State Public Works Board, until the date on which bonds authorized by section 4 of this act are sold, amounts necessary to facilitate the start of the projects enumerated in section 4 of this act. The State Controller shall not advance more than the face amount of the bonds authorized to be issued. The advanced amounts must be repaid immediately to the state general fund upon the sale of the bonds.

    3.  The Chief of the Budget Division of the Department of Administration shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau of the approval of an advance from the state general fund to the State Public Works Board pursuant to subsection 2.

    Sec. 7.  Commencing on July 1, 2003, the Department of Information Technology shall repay in annual installments to the State Treasurer for deposit to the bond interest and redemption account in the consolidated bond interest and redemption fund the cost of the following projects authorized pursuant to section 4 of this act:

1.  Project 01-M25, replace uninterruptible power supply at computer facility, Carson City;

       2.  Project 01-M26, HVAC upgrades at computer facility, Carson City;

3.  Project 01-M27, replace boiler, pumps and piping at computer facility, Carson City; and

4.  Project 01-M28, analyze and upgrade electrical and air conditioning systems at computer facility, Carson City.

Each installment must be equal to 5 percent of the total cost of the completed project, including the costs of debt service that are incurred.

    Sec. 8.  Commencing on July 1, 2003, the State Printing Division of the Department of Administration shall repay in annual installments to the State Treasurer for deposit to the bond interest and redemption account in the consolidated bond interest and redemption fund the cost of the following projects authorized pursuant to section 4 of this act:

1.  Project 01-M7, replace HVAC system serving State Printing Office, Carson City; and

2.  Project 01-M8, exterior repairs to the State Printing Office, Carson City.

Each installment must be equal to 5 percent of the total cost of the completed project, including the costs of debt service that are incurred.

    Sec. 9.  Commencing on July 1, 2003, the Motor Pool Division of the Department of Administration shall repay in annual installments to the State Treasurer for deposit to the bond interest and redemption account in the consolidated bond interest and redemption fund the following portions of the cost of project 01-C4, new State Motor Pool building, authorized pursuant to section 4 of this act:


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

ê2001 Statutes of Nevada, Page 2998 (Chapter 585, SB 584)ê

 

cost of project 01-C4, new State Motor Pool building, authorized pursuant to section 4 of this act:

    1.  One hundred percent of the costs of the portion of the project related to demolishing the current State Motor Pool facility in Las Vegas, including the costs of debt service that are incurred; and

    2.  Forty-seven percent of the costs of the remaining portions of the project, including the costs of debt service that are incurred.

Each installment must be equal to 5 percent of the total amount of the repayment required pursuant to this section.

    Sec. 10.  Notwithstanding the provisions of section 1 of chapter 542, Statutes of Nevada 1999, at page 2822, the State Public Works Board is authorized to use any of the allocated amount authorized in that section for project 99-S4B, advanced planning through construction documents for addition and remodel of Special Children’s Clinic, Reno, for expenditures associated with the program of capital improvements numbered and described in the executive budget for the fiscal years 2001-2002 and 2002-2003 or otherwise described as project 01-C9, Special Children’s Clinic addition and remodel.

    Sec. 11.  The State Public Works Board shall obtain approval for the siting and location of project 01-C4, new State Motor Pool building, from the Interim Finance Committee, or the Legislature if in session, before expending any funding authorized for that project pursuant to section 4 of this act.

    Sec. 12.  There is hereby appropriated from the state highway fund to the State Public Works Board the sum of $1,598,090 to support the Board in carrying out the program of capital improvements summarized in this section. This amount is allocated to projects numbered and described in the executive budget for the fiscal years 2001-2002 and 2002-2003 or otherwise described as follows:

 

                                                         Description                                                       Project No.                       Amount

 

    1.  Renovate HVAC system in east wing of DMV & PS building, Carson City 01-M1    $1,270,703

    2.  Statewide ADA program                                                                                       01-S2    $40,331

    3.  Statewide paving program                                                                                   01-S5    $287,056

    Sec. 13.  Any remaining balance of the appropriations made by section 12 of this act must not be committed for expenditure after June 30, 2005, and reverts to the state highway fund as soon as all payments of money committed have been made.

    Sec. 14.  The amounts appropriated pursuant to section 12 of this act from the state highway fund must be allocated by the State Controller as the money is required for the projects and must not be transferred to the projects from the state highway fund until required to make contract payments.

    Sec. 15.  1.  Except as otherwise provided in subsection 2, the following expenditures are hereby authorized to support the State Public Works Board in carrying out the program of capital improvements summarized in this section for the project numbered and described in the executive budget for the fiscal years 2001-2002 and 2002-2003 or otherwise described as project 01-E1, new office building for Employment Security Division:


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

ê2001 Statutes of Nevada, Page 2999 (Chapter 585, SB 584)ê

 

    (a) From the employment security fund created pursuant to NRS 612.615, $1,000,000; and

    (b) From money credited to the account of the State of Nevada in the unemployment trust fund pursuant to 42 U.S.C. § 1103, $3,000,000.

    2.  The amount which may be expended during a fiscal year pursuant to paragraph (b) of subsection 1 must not exceed the amount by which the aggregate of the amounts credited to the account of this state pursuant to 42 U.S.C. § 1103 during that fiscal year and the 24 preceding fiscal years exceeds the aggregate of the amounts expended pursuant to NRS 612.617 and charged against the amounts credited to the account of this state during any of those 25 fiscal years. If the provisions of this subsection limit the amount of funding authorized pursuant to paragraph (b) of subsection 1, the Interim Finance Committee may authorize additional funding from the employment security fund to fund the project. The expenditures authorized pursuant to this section must not exceed $4,000,000 from all sources unless an increased amount is approved by the Legislature or, if the Legislature is not in session, by the Interim Finance Committee.

    3.  Any remaining balance of the allocated amount in paragraph (a) of subsection 1 must not be committed for expenditure after June 30, 2005, and reverts to the employment security fund as soon as all payments of money committed have been made.

    4.  Any remaining balance of the allocated amount in paragraph (b) of subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the fund of origin as soon as all payments of money committed have been made.

    Sec. 16.  1.  At the request of the Department of Employment, Training and Rehabilitation, the State Board of Finance shall issue general obligation bonds of the State of Nevada or a combination of general obligations of the State of Nevada and other securities in the aggregate principal amount of not more than $4,242,435 for the project numbered and described in the executive budget for the fiscal years 2001-2002 and 2002-2003 or otherwise described as project 01-E1, new office building for Employment Security Division.

    2.  The amount of the bonds and the timing of the issuance of the bonds must be determined by the State Treasurer and representatives of the Department of Employment, Training and Rehabilitation.

    3.  Following the issuance of the bonds authorized by subsection 1, the Department of Employment, Training and Rehabilitation shall pay or transfer from the appropriate fund maintained by the department to the State Treasurer the amounts necessary to pay the principal and interest due on the bonds as directed by the State Treasurer.

    4.  The provisions of the State Securities Law, set forth in NRS 349.150 to 349.364, inclusive, apply to the issuance of bonds pursuant to the provisions of this section.

    Sec. 17.  1.  Except as otherwise provided in subsection 2, the State Board of Finance shall, upon the request of the Division of Wildlife of the State Department of Conservation and Natural Resources, issue general obligation bonds of the State of Nevada or a combination of general obligations of the State of Nevada and other securities:

    (a) In the aggregate principal amount of not more than $3,096,131 for the project numbered and described in the executive budget for the fiscal years 2001-2002 and 2002-2003 or otherwise described as project 01-C27, rehabilitate state fish hatcheries, phase I; and


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

ê2001 Statutes of Nevada, Page 3000 (Chapter 585, SB 584)ê

 

2001-2002 and 2002-2003 or otherwise described as project 01-C27, rehabilitate state fish hatcheries, phase I; and

    (b) If approved by the Interim Finance Committee, in the aggregate principal amount of not more than $404,023 for other projects conducted by the Division of Wildlife to rehabilitate the state’s fish hatcheries.

    2.  The State Board of Finance shall not issue the bonds authorized pursuant to subsection 1 unless it determines that the money received pursuant to NRS 502.326 will produce revenue sufficient to pay the principal and interest due on the bonds.

    3.  The amount of the bonds and the timing of the issuance of the bonds must be determined by the State Treasurer and representatives of the Division of Wildlife.

    4.  Following the issuance of the bonds authorized by subsection 1, the Division of Wildlife shall pay or transfer from the trout management account established pursuant to NRS 502.327 to the State Treasurer the amounts necessary to pay the principal and interest due on the bonds as directed by the State Treasurer.

    5.  The provisions of the State Securities Law, set forth in NRS 349.150 to 349.364, inclusive, apply to the issuance of bonds pursuant to the provisions of this section.

    6.  The Legislature finds and declares that the issuance of securities and the incurrence of indebtedness pursuant to this section are necessary for the protection and preservation of the natural resources of this state and for the purpose of obtaining the benefits thereof, and constitute an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the constitution of the State of Nevada.

    Sec. 18.  The State Public Works Board shall transfer the sum of $241,893 from the amount appropriated pursuant to section 1 of chapter 619, Statutes of Nevada 1995, at page 2331, for project 95-M27, repair utilities in main building basement, NSP, Carson City, to projects as authorized in section 21 of this act.

    Sec. 19.  The State Public Works Board shall transfer the sum of $1,400,332 from the amounts allocated or appropriated pursuant to sections 1, 10 and 17 of chapter 478, Statutes of Nevada 1997, at pages 1827 to 1835, inclusive, from the projects identified in this section to projects as authorized in section 21 of this act:

 

                                                    Description                                                          Project No.                         Amount

 

    1.  New men’s prison number 7, phase I                                                              97-C1    $100,000

    2.  Unit 4B, culinary expansion and new program building, NWCC               97-C4    $10,000

    3.  Forestry and parks complex, Las Vegas                                                         97-C5    $196,394

    4.  Interagency dispatch center, Elko                                                                 97-C10    $21,929

    5.  Expand/upgrade Jean conservation camp                                                  97-C11    $172,424

    6.  West Charleston campus expansion, CCSN                                                97-C13    $86,774

    7.  Sewage bar screens, Carson City                                                                   97-C17    $13,850

    8.  Henderson campus expansion, phase III, CCSN                                       97-C19    $14,941


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

ê2001 Statutes of Nevada, Page 3001 (Chapter 585, SB 584)ê

 

    9.  Urban center at Carson High School, WNCC                                         97-C24L $6,764

    10.  Capitol complex conduit system study and phase I                             97-C26    $12,486

    11.  Bridge structure laboratory expansion, UNR                                       97-C28L   $738

    12.  Dental residency building remodel, CCSN                                            97-C29L    $24,850

    13.  Replace fire alarm systems, fencing and lighting, SNCAS                     97-M2 $4,973

    14.  Fire alarm upgrade, NMHI campus and Lakes Crossing                       97-M3    $11,272

    15.  Reactivate gym tower, installation of escape hatches in housing units, underground electrical system repairs and replace underground telephone cable, SNCC    97-M4                                                                                                                     $6,302

    16.  Housing unit fencing and replace perimeter razor wire, SDCC          97-M6L    $21,100

    17.  Sewer line upgrade, phase I, Clear Creek                                                  97-M7    $26,404

    18.  Repair floors in camps at CCC, ECC, WCC, JCC, HCC, culinary floors at ESP, SDCC, and SNCC, and bathroom floors at ECC                                           97-M11L    $26,000

    19.  Campus wide security lighting, SNMRS                                                  97-M15 $8,701

    20.  Replace HVAC units, SNCAS                                                                   97-M16 $3,030

    21.  Remodel eight bathrooms, SNAMHS                                                     97-M20 $2,978

    22.  Rebuild housing unit shower rooms, SDCC                                            97-M22    $16,588

    23.  Remodel Nevada Historical Society building                                        97-M24   $812

    24.  Water system improvements, SDCC                                                       97-M25 $6,490

    25.  Renovations to buildings 1, 2 and 3A and install water fountains in inpatient hospital, SNAMHS                                                                                                  97-M33 $6,905

    26.  Replace carpet, vinyl and epoxy flooring, NMHI                                 97-M34    $16,404

    27.  Statewide roofing program                                                                            97-S1    $282,947

    28.  Statewide ADA program                                                                                97-S2    $20,567

    29.  Advanced planning for state area command complex                        97-S4A $6,681

    30.  Advance planning for 1999 CIP program                                               97-S4D $3,330

    31.  Advance planning for Getchell Library addition, human and community sciences building and medical school library, UNR                                                           97-S4G $7,831

    32.  Advance planning through design development for addition to computer facility    97-S4H                                                                                                                 $75,463


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

ê2001 Statutes of Nevada, Page 3002 (Chapter 585, SB 584)ê

 

    33.  Advance planning for southern Nevada records center                         97-S4J    $11,000

    34.  Design of science lab building, UNR                                                        97-S4M    $19,892

    35.  Statewide underground storage tank removal                                           97-S7    $63,717

    36.  Underground storage tank removal and replacement, NYTC             97-S7A    $89,795

    Sec. 20.  The State Public Works Board shall transfer the sum of $560,108 from the amounts allocated pursuant to sections 1 and 18 of chapter 542, Statutes of Nevada 1999, at pages 2822 to 2831, inclusive, from the projects identified in this section to projects as authorized in section 21 of this act:

 

                                                    Description                                                          Project No.                         Amount

 

    1.  Men’s Prison No. 7 (Cold Creek State Prison), Phase II                            99-C1    $23,159

    2.  Remodel old FIB building for Museums, Carson City                            99-C10    $1,000

    3.  Sewer line upgrades, Phase II at Clear Creek Facility, Carson City       99-M7    $193,403

    4.  HVAC systems renovation, SNMRS/DRC, Las Vegas                             99-M8    $200,000

    5.  Install back-flow preventors, NMHI, Sparks                                           99-M24    $15,546

    6.  Replace control panel in Unit 7, Northern Nevada Correctional Center 99-M34L    $7,000

    7.  Omega fire sprinkler program                                                                       99-S3L    $120,000

    Sec. 21.  The State Public Works Board shall use the $2,202,333 transferred from the projects identified in sections 18, 19 and 20 of this act to support the Board in carrying out the program of capital improvements summarized in this section. This amount is allocated to projects numbered and described in the executive budget for the fiscal years 2001-2002 and 2002-2003 or otherwise described as follows:

 

                                                    Description                                                        Project No.                           Amount

 

    1.  High Desert State Prison, Phase III                                                                01-C1    $832,586

    2.  Purchase and renovate former EICoN building in Carson City               01-C3    $26,404

    3.  Advanced planning for 2003 and future CIP Programs                            01-C5    $124,197

    4.  Special children’s clinic addition and remodel                                            01-C9    $270,809

    5.  Furnishings and build-out, Redfield campus, phase I, UNR                   01-C16    $25,588

    6.  Furnishings and build-out of library and student center, WNCC           01-C18 $6,764

    7.  Furnishings for Pennington medical education building, UNR               01-C19    $86,774


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

ê2001 Statutes of Nevada, Page 3003 (Chapter 585, SB 584)ê

 

    8.  Advanced planning for health sciences and biotech building on West Charleston campus, CCSN                                                                                                       01-C21L    $14,941

    9.  Improvements to the Clear Creek Youth Center                                       01-M5    $194,215

    10.  Expand shop at Pioche conservation camp                                             01-M9    $21,929

    11.  Replace Perimeter Razor Wire at SDCC                                                 01-M41    $21,100

    12.  Statewide roofing program                                                                            01-S1    $282,947

    13.  Statewide ADA program                                                                                01-S2    $20,567

    14.  Statewide fire sprinkler program                                                                   01-S3    $120,000

    15.  Statewide underground storage tank removal program                           01-S7    $153,512

    Sec. 22.  Any remaining balance of the allocated amounts in section 21 of this act must not be committed for expenditure after June 30, 2005, and reverts to the fund of origin as soon as all payments of money committed have been made.

    Sec. 23.  Expenditure of the following sums not appropriated from the state general fund or the state highway fund is hereby authorized for the following projects numbered and described in the executive budget for the fiscal years 2001-2002 and 2002-2003 or otherwise described as follows:

 

                                                    Description                                                        Project No.                           Amount

 

    1.  High Desert State Prison, phase III                                                                01-C1    $1,762,382

    2.  Advanced planning for Las Vegas readiness center                                   01-C6    $225,000

    3.  Veterans’ cemetery expansion, phase IV                                                     01-C7    $3,322,869

    4.  National Guard Rural Armory renovations                                               01-C12    $1,800,059

    5.  Furnishings and build-out, Redfield campus, phase I, UNR                   01-C16    $2,500,000

    6.  New campus library, UNR                                                                            01-C24    $20,449,306

    7.  Academic and student services building, NSC                                          01-C25    $10,000,000

    8.  Telecommunications building on Cheyenne campus, CCSN              01-C29L    $1,000,000

    Sec. 24.  The State Public Works Board shall not execute a contract for the construction of the following projects until the Board receives the money authorized for those projects pursuant to section 23 of this act:

 

                                                    Description                                                                                   Project No.

 

    1.  Furnishings and build-out, Redfield campus, phase I, UNR                                                01-C16

    2.  New campus library, UNR                                                                                                         01-C24

    3.  Academic and student services building, NSC                                                                       01-C25

    4.  Telecommunications building on Cheyenne campus, CCSN                                           01-C29L


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

ê2001 Statutes of Nevada, Page 3004 (Chapter 585, SB 584)ê

 

    Sec. 25.  1.  The State Controller may advance temporarily from the state general fund, upon the approval of the Chief of the Budget Division of the Department of Administration, to the State Public Works Board, until the date on which the sums not appropriated from the state general fund or the state highway fund for project 01-C7, veterans’ cemetery expansion, phase IV, are received, $300,000 to facilitate the start of the project. The advanced amounts must be repaid immediately to the state general fund upon the receipt of the sums not appropriated from the state general fund or the state highway fund.

    2.  The Chief of the Budget Division of the Department of Administration shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau of the approval of an advance from the state general fund to the State Public Works Board pursuant to subsection 1.

    Sec. 26.  The State Public Works Board shall carry out the provisions of this act as provided in chapter 341 of NRS. The Board shall ensure that qualified persons are employed to accomplish the authorized work. Every contract pertaining to the work must be approved by the Attorney General.

    Sec. 27.  All state and local governmental agencies involved in the design and construction of the projects enumerated in this act shall cooperate with the State Public Works Board to expedite the completion of the project.

    Sec. 28.  1.  An ad valorem tax of 15 cents on each $100 of assessed valuation of taxable property is hereby levied for the fiscal year commencing July 1, 2001, and ending June 30, 2002, and an ad valorem tax of 15 cents on each $100 of assessed valuation of taxable property is hereby levied for the fiscal year commencing July 1, 2002, and ending June 30, 2003. The taxes levied must be collected in the manner provided in chapter 361 of NRS on all taxable property in this state including the net proceeds of minerals and excluding such property as is by law exempt from taxation.

    2.  The proceeds of the tax levied by subsection 1 are hereby appropriated for each fiscal year to the consolidated bond interest and redemption fund to discharge the obligations of the State of Nevada as they are respectively due in that fiscal year. Any balance of the money appropriated by this section remaining at the end of the respective fiscal years does not revert to the state general fund.

    Sec. 29.  1.  On or before July 1, 2001, and July 1, 2002, the State Controller shall estimate the amount of proceeds of the tax levied by section 28 of this act. If the amount is less than the total obligation of the State of Nevada for payment of the interest on and principal of bonds which will become due in the fiscal year, he shall reserve in the state general fund an amount which is sufficient to pay the remainder of the total obligation. The State Controller may revise the estimate and amount reserved.

    2.  If the money in the consolidated bond interest and redemption fund is insufficient to pay those obligations as they become due, the State Controller shall cause the money in reserve to be transferred from the state general fund to the consolidated bond interest and redemption fund. The amount reserved is hereby contingently appropriated for that purpose. Any balance of the sums appropriated by this subsection remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the state general fund as soon as all payments of money committed have been made.


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

ê2001 Statutes of Nevada, Page 3005 (Chapter 585, SB 584)ê

 

    3.  The State Controller shall report to the Legislature or, if the Legislature is not in session, to the Interim Finance Committee:

    (a) The amount of any estimate made pursuant to subsection 1 and the amount of money reserved in the state general fund based upon the estimate;

    (b) The amount of money transferred from the state general fund pursuant to subsection 2; and

    (c) The amount of money which reverts to the state general fund pursuant to subsection 2.

    Sec. 30.  The State Board of Finance, in its capacity as the State General Obligation Bond Commission and to the extent that money is available, shall pay the expenses related to the issuance of general obligation bonds approved by the 71st session of the Nevada Legislature from the proceeds of those bonds.

    Sec. 31.  Expenditure of the following sums not appropriated from the state general fund or the state highway fund is hereby authorized from the consolidated bond interest and redemption fund in the amount of $80,097,865 for the fiscal year beginning July 1, 2001, and ending June 30, 2002, and in the amount of $86,601,916 for the fiscal year beginning July 1, 2002, and ending June 30, 2003.

    Sec. 32.  With the approval of the Interim Finance Committee, the State Public Works Board and the University and Community College System of Nevada may transfer appropriated and authorized money from one project to another within the same agency or within the University and Community College System of Nevada for those projects listed in sections 2, 4, 12, 21 and 33 of this act.

    Sec. 33.  The money collected pursuant to the annual tax on slot machines imposed pursuant to NRS 463.385 that is distributed to the special capital construction fund for higher education, except any amount of that money which is needed to pay the principal and interest on bonds, is appropriated to the State Public Works Board for the following capital improvement projects for the University and Community College System of Nevada:

 

                                                    Description                                                        Project No.                           Amount

 

    1.  Campus improvements, UNLV                                                                      01-U2    $1,592,040

    2.  Campus improvements, UNR                                                                        01-U3    $2,468,270

    3.  Campus improvements, CCSN                                                                      01-U4    $385,510

    4.  Campus improvements, DRI                                                                          01-U5    $149,500

    5.  Campus improvements, TMCC                                                                     01-U7    $310,200

    6.  Campus improvements, WNCC                                                                    01-U8    $94,480

    Sec. 34.  Any remaining balance of the appropriation made by section 33 of this act must not be committed for expenditure after June 30, 2005, and reverts to the fund of origin as soon as all payments of money committed have been made.

    Sec. 35.  The provisions of chapter 338 of NRS do not apply to any projects undertaken pursuant to Assembly Bill No. 189 or Senate Bill No. 199 of this session.


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

ê2001 Statutes of Nevada, Page 3006 (Chapter 585, SB 584)ê

 

    Sec. 36.  Section 5 of chapter 501, Statutes of Nevada 1991, as last amended by section 2 of chapter 519, Statutes of Nevada 1999, at page 2644, is hereby amended as follows:

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

    (a) To finance the project by the issuance of bonds and other securities of the university in a total principal amount not exceeding [$25,000,000] $110,500,000 for facilities at the University of Nevada, Reno, and in a total principal amount not exceeding [$67,500,000] $106,500,000 for facilities at the University of Nevada, Las Vegas, $35,000,000 of which may be used for the construction, other acquisition and improvement of a dental school and other structures and clinics associated with the dental school [.] ;

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

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

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

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

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

    Sec. 37.  Section 26 of chapter 619, Statutes of Nevada 1995, as last amended by section 32 of chapter 542, Statutes of Nevada 1999, at page 2834, is hereby amended to read as follows:

    Sec. 26.  1.  Except as otherwise provided in this section, any remaining balance of the appropriations made by sections 1 and 19 of chapter 619, Statutes of Nevada 1995, must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

    2.  Except as otherwise provided in subsection 3, any remaining balance of the appropriations made by section 1 of chapter 619, Statutes of Nevada 1995, for projects enumerated in section 16 of chapter 478, Statutes of Nevada 1997, at page 1833, must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.


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

ê2001 Statutes of Nevada, Page 3007 (Chapter 585, SB 584)ê

 

    3.  Any remaining balance of the appropriations made by section 1 of chapter 619, Statutes of Nevada 1995, at page 2331, for projects enumerated in section 16 of [this act,] chapter 542, Statutes of Nevada 1999, at page 2829, must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

    4.  Any remaining balance of the appropriations made by section 1 of chapter 619, Statutes of Nevada 1995, at page 2331, for the following projects, must not be committed for expenditure after June 30, 2000, and reverts to the state general fund as soon as all payments of money committed have been made:

 

                                                    Description                                                                            Project No.

 

    (a) Improve fire safety in 11 buildings—SNAMHS/SNCAS, Las Vegas                        95-M8

    (b) Roofing inventory, statewide                                                                                            95-S4I

    (c) Paving, statewide                                                                                                                   95-S5

    (d) Culinary renovation and addition, NSP, Carson City                                                   95-G5

    (e) Security/electronics upgrade, NNCC, Carson City                                                        95-M6

    (f) Install generators and add lightning protection, HCC, JCC, WCC, ESP and TCC 95-M12

    (g) Repair utilities, SDCC, Indian Springs                                                                           95-M14

    (h) Replace windows, units 1 through 4, NNCC, Carson City                                        95-M25

    (i) Garbage truck wash area, NNCC, Carson City                                                            95-M35

    (j) Connect city sewer to Jones Street NDI Facility, Las Vegas                                      95-M37

    (k) Exterior painting of 9 armories                                                                                       95-M28

    (l) Kitchen renovations at 9 armories                                                                                  95-M43

    5.  Any remaining balance of the appropriation made by section 1 of chapter 619, Statutes of Nevada 1995, at page 2331, for project 95-M27, repair utilities in main building basement, NSP, Carson City, must not be committed for expenditure after June 30, [2001,] 2005, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 38.  Section 3 of chapter 478, Statutes of Nevada 1997, as amended by section 34 of chapter 542, Statutes of Nevada 1999, at page 2836, is hereby amended to read as follows:

    Sec. 3.  1.  Except as otherwise provided in [subsection 2,] this section, any remaining balance of the appropriations made by section 1 of chapter 478, Statutes of Nevada 1997, at page 1827, must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.

    2.  [Any] Except as otherwise provided in subsection 3, any remaining balance of the appropriations made by section 1 of chapter 478, Statutes of Nevada 1997, at page 1827, for projects enumerated in section 17 of [this act,] chapter 542, Statutes of Nevada 1999, at page 2830, must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.


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

ê2001 Statutes of Nevada, Page 3008 (Chapter 585, SB 584)ê

 

reverts to the state general fund as soon as all payments of money committed have been made.

    3.  Any remaining balance of the appropriations made by section 1 of chapter 478, Statutes of Nevada 1997, at page 1827, for projects enumerated in section 19 of this act, must not be committed for expenditure after June 30, 2005, and reverts to the state general fund as soon as all payments of money committed have been made.

    4.  Any remaining balance of the appropriations made by section 1 of chapter 478, Statutes of Nevada 1997, at page 1827, for the following projects, must not be committed for expenditure after June 30, 2002, and reverts to the state general fund as soon as all payments of money committed been made:

 

    Description             Project No.

 

    (a) Chapel, southern Nevada veterans’ cemetery           97-C20

    (b) Phase III expansion, southern Nevada veterans’ cemetery    97-C20L

    (c) Replace domestic water supply line, SNMRS            97-M10

    (d) Replace doors and locks, housing units 1-3, NNCC                97-M27

    (e) Statewide fire sprinkler program 97-S3

    (f) Statewide paving              97-S5

    (g) Campus improvements, TMCC    97-U7

 

    5.  Any remaining balance of the appropriations made by section 1 of chapter 478, Statutes of Nevada 1997, at page 1827, for project 97-C16, southern Nevada veterans’ home, must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 39.  Section 7 of chapter 478, Statutes of Nevada 1997, at page 1831, is hereby amended to read as follows:

    Sec. 7.  [Any]

    1.  Except as otherwise provided in subsection 2, any remaining balance of the appropriations made by section 6 of [this act] chapter 478, Statutes of Nevada 1997, at page 1831, must not be committed for expenditure after June 30, 2001, and reverts to the state highway fund as soon as all payments of money committed have been made.

    2.  Any remaining balance of the appropriations made by section 6 of chapter 478, Statutes of Nevada 1997, at page 1831, for project 97-H2, complete renovations of DMV&PS headquarters building, Carson City, and project 97-H4, expand shop/communications facilities, Nevada Highway patrol, Las Vegas, must not be committed for expenditure after June 30, 2003, and reverts to the state highway fund as soon as all payments of money committed have been made.

    Sec. 40.  Section 11 of chapter 478, Statutes of Nevada 1997, as amended by section 35 of chapter 542, Statutes of Nevada 1999, at page 2836, is hereby amended to read as follows:

    Sec. 11.  1.  Except as otherwise provided in [subsection 2,] this section, any remaining balance of the allocated amounts authorized in section 10 of chapter 478, Statutes of Nevada 1997, at page 1832, must not be committed for expenditure after June 30, 2001, and reverts to the bond interest and redemption account in the consolidated bond interest and redemption fund as soon as all payments of money committed have been made.


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

ê2001 Statutes of Nevada, Page 3009 (Chapter 585, SB 584)ê

 

bond interest and redemption account in the consolidated bond interest and redemption fund as soon as all payments of money committed have been made.

    2.  Any remaining balance of the allocated amounts authorized in section 10 of chapter 478, Statutes of Nevada 1997, at page 1832, for projects enumerated in section 17 of [this act,] chapter 542, Statutes of Nevada 1999, at page 2830, must not be committed for expenditure after June 30, 2003, and reverts to the bond interest and redemption account in the consolidated bond interest and redemption fund as soon as all payments of money committed have been made.

    3.  Any remaining balance of the allocated amounts authorized in section 10 of chapter 478, Statutes of Nevada 1997, at page 1832, for projects enumerated in section 19 of this act, must not be committed for expenditure after June 30, 2005, and reverts to the bond interest and redemption account in the consolidated bond interest and redemption fund as soon as all payments of money committed have been made.

    Sec. 41.  Section 18 of chapter 478, Statutes of Nevada 1997, as amended by section 36 of chapter 542, Statutes of Nevada 1999, at page 2837, is hereby amended to read as follows:

    Sec. 18.  1.  Except as otherwise provided in [subsection 2,] this section, any remaining balance of the allocated amounts in section 17 of chapter 478, Statutes of Nevada 1997, at page 1834, must not be committed for expenditure after June 30, 2001, and reverts to the fund of origin as soon as all payments of money committed have been made.

    2.  [Any] Except as otherwise provided in subsection 3, any remaining balance of the allocated amounts in section 17 of chapter 478, Statutes of Nevada 1997, at page 1834, for projects enumerated in section 17 of [this act,] chapter 542, Statutes of Nevada 1999, at page 2830, must not be committed for expenditure after June 30, 2003, and reverts to the fund of origin as soon as all payments of money committed have been made.

    3.  Any remaining balance of the allocated amounts in section 17 of chapter 478, Statutes of Nevada 1997, at page 1834, for projects enumerated in section 19 of this act, must not be committed for expenditure after June 30, 2005, and reverts to the fund of origin as soon as all payments of money committed have been made.

    4.  Any remaining balance of the allocated amounts in section 17 of chapter 478, Statutes of Nevada 1997, at page 1834, for project 97-M28, replace electronic control panel, NNCC, must not be committed for expenditure after June 30, 2002, and reverts to the fund of origin as soon as all payments of money committed have been made.

       Sec. 42.  Section 29 of chapter 478, Statutes of Nevada 1997, at page 1837, is hereby amended to read as follows:

    Sec. 29.  [Any]

    1.  Except as otherwise provided in subsection 2, any remaining balance of the appropriation made by section 28 of [this act] chapter 478, Statutes of Nevada 1997, at page 1837, must not be committed for expenditure after June 30, 2001, and reverts to the fund of origin as soon as all payments of money committed have been made.


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

ê2001 Statutes of Nevada, Page 3010 (Chapter 585, SB 584)ê

 

    2.  Any remaining balance of the appropriation made by section 28 of chapter 478, Statutes of Nevada 1997, at page 1837, for project 97-U7L, campus improvements, TMCC, must not be committed for expenditure after June 30, 2002, and reverts to the fund of origin as soon as all payments of money committed have been made.

    Sec. 43.  Section 3 of chapter 542, Statutes of Nevada 1999, at page 2826, is hereby amended to read as follows:

    Sec. 3.  [Any]

    1.  Except as otherwise provided in subsection 2, any remaining balance of the allocated amounts authorized in sections 1 and 2 of [this act] chapter 542, Statutes of Nevada 1999, at pages 2822 to 2826, inclusive, must not be committed for expenditure after June 30, 2003, and reverts to the bond interest and redemption account in the consolidated bond interest and redemption fund as soon as all payments of money committed have been made.

    2.  Any remaining balance of the allocated amounts authorized in section 1 of chapter 542, Statutes of Nevada 1999, at page 2822, for projects enumerated in section 20 of this act, must not be committed for expenditure after June 30, 2005, and reverts to the bond interest and redemption account in the consolidated bond interest and redemption fund as soon as all payments of money committed have been made.

    Sec. 44.  Section 8 of chapter 542, Statutes of Nevada 1999, at page 2828, is hereby amended to read as follows:

    Sec. 8.  1.  The State Public Works Board shall obtain approval for the siting and location of project 99-H1, new highway patrol building in Las Vegas, from the Interim Finance Committee or the Legislature if in session, before expending funding for the design of the facility.

    2.  The State Public Works Board shall not expend the $2,000,000 designated for the costs of acquiring the property on which the facility will be located for any purpose other than for the purpose of acquiring the property on which the facility will be located [.] , unless the Board obtains the approval of the Legislature or, if the Legislature is not in session, the Interim Finance Committee.

    Sec. 45.  Section 9 of chapter 542, Statutes of Nevada 1999, at page 2828, is hereby amended to read as follows:

    Sec. 9.  [1.  Except as otherwise provided in subsection 2, any] Any remaining balance of the appropriations made by section 7 of [this act] chapter 542, Statutes of Nevada 1999, at page 2828, must not be committed for expenditure after June 30, 2003, and reverts to the state highway fund as soon as all payments of money committed have been made.

    [2.  Any remaining balance of the $2,000,000 that is designated for the acquisition of the property on which project 99-H1, new highway patrol building, Las Vegas, will be located must not be committed for expenditure after June 30, 2001, and reverts to the state highway fund as soon as all payments of money committed have been made.]

    Sec. 46.  Section 19 of chapter 542, Statutes of Nevada 1999, at page 2831, is hereby amended to read as follows:

             Sec. 19.  [Any]

    1.  Except as otherwise provided in subsection 2, any remaining balance of the allocated amounts in section 18 of [this act] chapter 542, Statutes of Nevada 1999, at page 2830, must not be committed for expenditure after June 30, 2003, and reverts to the fund of origin as soon as all payments of money committed have been made.


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

ê2001 Statutes of Nevada, Page 3011 (Chapter 585, SB 584)ê

 

Statutes of Nevada 1999, at page 2830, must not be committed for expenditure after June 30, 2003, and reverts to the fund of origin as soon as all payments of money committed have been made.

    2.  Any remaining balance of the allocated amounts authorized in section 18 of chapter 542, Statutes of Nevada 1999, at page 2830, for projects enumerated in section 20 of this act, must not be committed for expenditure after June 30, 2005, and reverts to the fund of origin as soon as all payments of money committed have been made.

    Sec. 47.  1.  This act becomes effective upon passage and approval.

    2.  Section 1 of this act expires by limitation on May 1, 2013.

________

 

CHAPTER 586, SB 586

Senate Bill No. 586–Committee on Finance

 

CHAPTER 586

 

AN ACT relating to state financial administration; authorizing expenditures by various officers departments, boards, agencies, commissions and institutions of the state government for the fiscal years commencing July 1, 2001, and ending June 30, 2002, and beginning July 1, 2002, and ending June 30, 2003; authorizing the collection of certain amounts from the counties for the use of the services of the Public Defender; and providing other matters properly relating thereto.

 

[Approved: June 14, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized during the fiscal years beginning July 1, 2001, and ending June 30, 2002, and beginning July 1, 2002, and ending June 30, 2003, by the various officers, departments, boards, agencies, commissions and institutions of the state government mentioned in this act:

 

                                                                                                                                2001-2002                           2002-2003

Office of the Governor

    Office of the Governor..................................................................................... $7,500. $7,500

    Washington office........................................................................................... 259,300 259,300

    Agency for Nuclear Projects...................................................................... 3,024,687    3,024,687

    Governor’s Office of Consumer Health Assistance.................................. 606,657 613,494

Attorney General

    Attorney General Administration Account............................................. 7,755,592    8,556,236

    Crime Prevention Program................................................................................. 7,441. 10,591

    Tort claim fund............................................................................................ 6,198,720    6,085,552

    Fraud Control Unit for Industrial Insurance........................................... 2,401,222    2,598,148

    Medicaid Fraud Control Unit..................................................................... 1,802,119    1,919,151

    Insurance Fraud Control Unit....................................................................... 915,592 993,981

    Office of the Extradition Coordinator........................................................... 97,891 102,785

    Bureau of Consumer Protection............................................................... 2,439,434    2,633,010

    Advisory Council for Prosecuting Attorneys.............................................. 130,633 140,292

    Victims of Domestic Violence................................................................... 2,041,690    2,026,821


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

ê2001 Statutes of Nevada, Page 3012 (Chapter 586, SB 586)ê

 

Secretary of State............................................................................................. 2,512,260........................... 2,772,687

Commission on Ethics................................................................................................ 108....................................... 108

State Treasurer..................................................................................................... 700,774............................... 688,075

    Unclaimed Property........................................................................................ 619,544............................... 627,620

    Higher Education Tuition Administration.................................................. 322,151............................... 305,586

    Millennium Scholarship Administration..................................................... 533,881............................... 475,217

    Municipal bond bank revenue................................................................ 79,594,746......................... 79,452,303

    Municipal bond bank debt service......................................................... 80,572,503......................... 80,411,681

Legislative Fund

    Legislative Counsel Bureau........................................................................... 967,862............................... 229,139

Judicial Branch

    Court Administrator.................................................................................... 1,584,265........................... 1,708,220

    Supreme Court............................................................................................. 4,109,744........................... 4,394,908

    Uniform system for judicial records......................................................... 1,017,690............................... 878,294

    Supreme Court Law Library............................................................................ 11,968................................. 11,968

    Retired justice duty fund............................................................................... 292,532............................... 331,705

    Judicial education........................................................................................... 891,022............................... 933,026

    District judges’ travel...................................................................................... 612,480............................... 624,487

Department of Administration

    Administrative Services Division............................................................... 1,373,485........................... 1,541,856

    Budget Division............................................................................................... 263,219............................... 276,254

    Insurance and Loss Prevention............................................................... 15,563,203......................... 17,660,001

    Fund for hospital care to indigent persons.............................................. 8,703,216........................... 9,449,944

    Supplemental account for medical assistance to indigent persons.... 5,480,776........................... 5,978,595

    Mail room...................................................................................................... 6,102,119........................... 6,207,143

    Mail services equipment................................................................................ 242,866............................... 244,832

    State Printing Office.................................................................................... 5,545,512........................... 5,708,186

    Printing office equipment.............................................................................. 310,084............................... 434,514

    State Public Works Board inspection account....................................... 3,945,313........................... 4,065,309

    Buildings and Grounds Division.............................................................. 13,115,341......................... 13,780,185

    Clear Creek Youth Center............................................................................. 185,502............................... 185,508

    Marlette Lake water system.......................................................................... 448,560............................... 479,504

    Motor Pool Division..................................................................................... 3,958,955........................... 4,188,508

    Motor vehicle purchase.............................................................................. 1,413,999........................... 1,840,679

    Purchasing Division..................................................................................... 2,732,291........................... 2,850,426

    Equipment purchase....................................................................................... 158,313............................... 150,786

    Food distribution program.......................................................................... 3,545,062........................... 3,299,815

    Hearings Division......................................................................................... 3,702,850........................... 3,738,673

Fund for compensation of victims of crime................................................ 4,715,954........................... 4,738,717

Deferred Compensation Committee.................................................................. 95,029............................... 113,785

Department of Personnel................................................................................ 8,448,664........................... 8,731,333

    Unemployment compensation account.................................................. 1,801,378........................... 1,766,567

Commission on Tourism

    Division of Tourism................................................................................... 17,727,301......................... 16,085,506

    Nevada Magazine....................................................................................... 2,660,475........................... 2,667,092

Commission on Economic Development

    Division of Economic Development............................................................ 105,120............................... 105,120

    Division of Motion Pictures........................................................................... 760,614............................... 781,446

    Rural community development................................................................ 3,139,216........................... 3,139,297

    Small business and procurement outreach................................................. 309,780............................... 309,780


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ê2001 Statutes of Nevada, Page 3013 (Chapter 586, SB 586)ê

 

Department of Taxation................................................................................. 1,062,304............................... 636,850

Department of Information Technology

    Director’s Office........................................................................................... 1,903,202........................... 1,937,836

    Applications, Design and Development Division................................... 7,112,206........................... 6,948,381

    Computing Division.................................................................................. 15,203,966......................... 14,382,383

    Data Communications and Technical Services Division..................... 5,182,837........................... 4,899,311

    Planning and Research Unit....................................................................... 1,864,436........................... 1,853,141

    Telecommunications Division................................................................... 3,492,715........................... 3,473,091

    Communications Division.......................................................................... 1,846,685........................... 1,746,366

Department of Education

    Education, state programs............................................................................. 114,273................................. 92,702

    Discretionary grants - Unrestricted......................................................... 12,085,730......................... 10,071,403

    Improve America’s Schools Title I......................................................... 25,740,844......................... 25,740,844

    Improve America’s Schools Titles VI & II.............................................. 4,662,008........................... 4,662,000

    Individuals with Disabilities Education Act.......................................... 37,074,762......................... 37,076,218

    Education support services............................................................................ 947,523............................... 964,935

    NDE, Staffing services.................................................................................... 491,165............................... 512,399

    Occupational education............................................................................. 6,504,202........................... 6,504,202

    Nutrition education................................................................................... 44,074,178......................... 47,386,639

    Continuing education.................................................................................. 2,175,779........................... 2,175,779

    Drug abuse education................................................................................. 1,721,192........................... 1,721,192

    Discretionary grants - Restricted............................................................... 2,285,927........................... 2,285,927

    Teacher education and licensing.................................................................. 979,998............................... 887,337

    School health education—AIDS.................................................................. 227,591............................... 227,591

    Other state education programs................................................................................ 7........................................... 7

    Student incentive grants................................................................................. 524,288............................... 526,116

    Proficiency testing................................................................................................... 168....................................... 168

    Commission on Postsecondary Education................................................... 77,819................................. 77,819

    School to Careers Program......................................................................... 2,850,000........................................... 0

University and Community College System of Nevada

    System administration................................................................................... 283,470............................... 283,470

    Agricultural experiment station................................................................. 1,282,844........................... 1,282,844

    Cooperative extension services................................................................. 1,685,710........................... 1,704,661

    University of Nevada, Reno.................................................................... 31,189,553......................... 33,107,381

    University of Nevada, Reno, Athletics........................................................ 250,000............................... 250,000

    School of Medical Sciences....................................................................... 2,693,226........................... 2,732,183

    State health laboratory.................................................................................. 561,500............................... 578,345

    University of Nevada, Las Vegas........................................................... 48,076,361......................... 52,271,590

    University of Nevada, Las Vegas, Athletics............................................... 250,000............................... 250,000

    Law school.................................................................................................... 3,168,073........................... 3,343,113

    Dental school................................................................................................ 1,439,843........................... 3,587,222

    Special projects account.......................................................................... 18,455,013......................... 18,663,491

    Community College of Southern Nevada............................................ 24,654,408......................... 25,233,151

    Western Nevada Community College..................................................... 3,085,983........................... 3,514,665

    Truckee Meadows Community College.................................................. 8,613,334........................... 9,281,510

    Great Basin College..................................................................................... 2,648,421........................... 2,784,916

    Nevada State College at Henderson........................................................................ 0............................... 693,500

    Desert Research Institute............................................................................... 648,486............................... 648,486

W.I.C.H.E. Loan Fund.................................................................................... 1,139,613............................... 763,396


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

ê2001 Statutes of Nevada, Page 3014 (Chapter 586, SB 586)ê

 

Department of Cultural Affairs

    Cultural Affairs administration.................................................................... 131,555............................... 133,027

    State Railroad Museums............................................................................ 1,361,109........................... 1,471,485

    Lost City Museum............................................................................................. 73,135................................. 75,795

    Nevada Museum and Historical Society, Las Vegas.................................. 34,757................................. 36,505

    Nevada State Museum, Carson City....................................................... 1,347,122........................... 1,410,997

    Nevada Historical Society, Reno.................................................................... 89,911................................. 96,175

    Office of Historic Preservation..................................................................... 408,022............................... 426,637

    State Arts Council........................................................................................... 497,931............................... 497,931

    Nevada State Library..................................................................................... 803,571............................... 810,236

    Literacy program............................................................................................... 69,936................................. 69,936

    Archives and records........................................................................................... 3,300................................... 3,300

    Records management and micrographics.................................................. 817,169............................... 870,878

    Central libraries automated network........................................................... 467,311............................... 475,197

Department of Human Resources

    State Public Defender..................................................................................... 942,984............................... 968,012

    DHR administration....................................................................................... 508,365............................... 508,456

    Purchase of social services....................................................................... 13,015,111......................... 13,020,615

    State and community collaborations....................................................... 2,840,279........................... 2,654,914

    Family to Family Connection....................................................................... 100,000............................... 100,000

    Community services block grant.............................................................. 2,830,048........................... 2,830,048

    Fund for a Healthy Nevada.................................................................... 11,388,302......................... 11,396,206

Division of Health Care Financing and Policy

    Health Care Financing and Policy............................................................ 2,918,834........................... 3,006,654

    Intergovernmental transfer account.................................................... 103,407,158......................... 88,051,778

    Nevada Medicaid.................................................................................... 500,429,006....................... 553,744,626

    Nevada Check-Up Program.................................................................... 19,444,735......................... 21,982,444

Aging Services Division

    Aging services grants................................................................................... 5,734,443........................... 5,720,988

    Senior Services Program............................................................................. 8,788,438......................... 10,328,054

    EPS/Homemaker programs....................................................................... 2,680,899........................... 2,695,998

    Aging Older Americans Act........................................................................ 7,402,417........................... 7,629,197

Division of Child and Family Services

    Child and family administration............................................................ 18,444,499......................... 18,846,916

    Northern Nevada child and adolescent services.................................... 4,331,088........................... 4,348,176

    Southern Nevada child and adolescent services.................................. 12,291,193......................... 12,294,455

    Child care services........................................................................................... 987,367........................... 1,016,894

    Youth alternative placement........................................................................ 834,131........................... 1,231,852

    UNITY/SACWIS.......................................................................................... 2,898,950........................... 2,560,436

    Nevada Youth Training Center ................................................................... 479,476............................... 479,679

    Youth parole services........................................................................................ 20,852................................. 20,852

    Caliente Youth Center ................................................................................... 179,872............................... 179,872

    Youth community services...................................................................... 27,964,239......................... 29,636,929

    Victims of domestic violence..................................................................... 2,837,476........................... 2,960,403

    Child abuse and neglect................................................................................. 269,320............................... 269,320

    Juvenile justice programs........................................................................... 1,465,500........................... 1,465,500

    Child welfare trust........................................................................................ 1,433,097........................... 1,526,255

    Children’s trust account.............................................................................. 1,326,534........................... 1,560,868

    Juvenile Correctional Facility........................................................................ 731,394............................... 573,901


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

ê2001 Statutes of Nevada, Page 3015 (Chapter 586, SB 586)ê

 

    Juvenile Accountability Block Grant....................................................... 2,709,439........................... 2,517,160

Health Division

    Health Administration................................................................................ 2,687,851........................... 2,761,403

    Public health tobacco fund........................................................................... 312,664............................... 315,632

    Health alert network....................................................................................... 439,774............................... 452,965

    Vital statistics................................................................................................... 337,711............................... 338,309

    Bureau of health facilities.......................................................................... 5,138,984........................... 5,277,519

    Family planning............................................................................................... 922,274............................... 923,017

    Women’s, infants’ and children’s food supplement program........... 27,338,967......................... 27,388,374

    Maternal child health services................................................................... 2,700,832........................... 2,819,088

    Special Children’s Clinic............................................................................. 1,931,502........................... 2,007,892

    Community health services....................................................................... 2,063,746........................... 2,089,298

    Emergency medical services............................................................................ 26,786................................. 26,786

    Health aid to counties.................................................................................... 145,282............................... 149,823

    Sexually transmitted disease control........................................................ 7,313,453........................... 7,343,240

    Immunization program.............................................................................. 2,157,835........................... 2,176,845

    Consumer health protection...................................................................... 1,860,565........................... 1,925,010

    Radiological health......................................................................................... 735,294............................... 749,854

    Communicable disease control................................................................. 2,706,299........................... 2,739,417

    Cancer control registry................................................................................... 417,461............................... 472,342

    Radioactive and hazardous waste......................................................... 11,232,782......................... 11,604,170

    Alcoholism and drug rehabilitation........................................................ 10,057,632......................... 10,036,897

    Alcohol tax program....................................................................................... 908,526............................... 990,008

Division of Mental Health and Developmental Services

    Division Administration.................................................................................... 89,839................................. 88,472

    Northern Nevada adult mental health services...................................... 3,613,467........................... 3,809,357

    Lakes Crossing Center.................................................................................... 215,940............................... 219,426

    Rural clinics................................................................................................... 3,339,176........................... 3,483,281

    Southern Nevada adult mental health services...................................... 9,805,608......................... 10,291,160

    Southern MH/DS food service.................................................................. 1,221,402........................... 1,253,219

    Desert Regional Center............................................................................. 16,778,390......................... 18,542,564

    Sierra Regional Center................................................................................ 8,102,852........................... 8,574,630

    Rural Regional Center................................................................................. 2,084,852........................... 2,390,995

    Mental health information system................................................................. 71,887................................. 68,489

Welfare Division

    Welfare Administration............................................................................ 19,493,468......................... 17,985,620

    Temporary Assistance for Needy Families........................................... 59,072,507......................... 52,625,323

    Welfare field services................................................................................ 29,761,930......................... 31,622,164

    Child support enforcement........................................................................ 7,178,040........................... 7,436,890

    Child support federal reimbursement.................................................... 18,772,001......................... 20,592,235

    Employment and training........................................................................ 29,686,528......................... 26,542,758

    Low-income home energy assistance...................................................... 4,342,890........................... 3,207,632

Office of the Military....................................................................................... 3,311,821........................... 3,483,204

    Adjutant General’s construction fund......................................................... 113,276................................. 82,471

Office of Veterans’ Services

    Executive Director for veterans’ services.................................................... 391,624............................... 420,174

    Southern Nevada Veterans’ Home.......................................................... 6,002,676........................... 6,968,138


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

ê2001 Statutes of Nevada, Page 3016 (Chapter 586, SB 586)ê

 

Department of Prisons

    Office of the Director...................................................................................... 582,707............................... 586,423

    Medical care................................................................................................. 1,811,278........................... 1,895,678

    Prison industries............................................................................................ 6,892,988........................... 7,199,120

    Prison warehouse account.......................................................................... 8,641,028........................... 8,895,702

    Nevada State Prison.......................................................................................... 65,452................................. 73,247

    Northern Nevada Correctional Center........................................................ 344,601............................... 359,420

    Ely Maximum Security Facility...................................................................... 36,995................................. 38,181

    Southern Desert Correctional Center........................................................... 510,029............................... 445,234

    Warm Springs Correctional Center................................................................... 9,521................................... 9,652

    Southern Nevada Women’s Facility............................................................ 133,278............................... 139,593

    Lovelock Correctional Center......................................................................... 73,978................................. 77,167

    Offenders’ store fund................................................................................ 13,284,219......................... 14,082,975

    Pioche Conservation Camp............................................................................. 27,219................................. 27,219

    Indian Springs Conservation Camp................................................................. 9,549................................... 9,549

    Wells Conservation Camp............................................................................... 14,091................................. 14,091

    Humboldt Conservation Camp...................................................................... 16,325................................. 16,325

    Ely Conservation Camp................................................................................... 13,565................................. 13,565

    Inmate welfare account............................................................................. 3,955,960........................... 4,418,992

    Account for destitute prisoners....................................................................... 13,872................................. 14,464

    Tonopah Conservation Camp........................................................................ 14,786................................. 14,786

    Jean Conservation Camp................................................................................... 8,816................................... 9,556

    Stewart Conservation Camp........................................................................... 59,746................................. 59,746

    Carlin Conservation Camp.............................................................................. 14,141................................. 14,141

    High Desert State Prison................................................................................. 140,273............................... 147,712

    Silver Springs Conservation Camp................................................................. 11,563................................. 12,158

    Northern Restitution Center.......................................................................... 499,050............................... 499,050

    Prison dairy................................................................................................... 1,640,101........................... 1,499,508

Department of Business and Industry

    Business and Industry administration......................................................... 711,947............................... 753,587

    Industrial development revenue bond program........................................ 870,106............................... 934,033

    Division of Insurance.................................................................................. 1,500,265........................... 1,557,246

    Cost stabilization............................................................................................. 263,243............................... 227,499

    National Association of Insurance Commissioners.................................... 59,524................................. 40,072

    Captive insurers................................................................................................. 37,000................................. 64,200

    Self-insurance—Workers’ compensation................................................... 447,014............................... 474,980

    Insurance examiners................................................................................... 3,717,533........................... 3,494,346

    Insurance recovery account.......................................................................... 293,710............................... 293,710

    Insurance education and research............................................................... 691,571............................... 548,190

    Taxicab Authority....................................................................................... 5,431,446........................... 5,107,613

    Transportation Services Authority ................................................................ 58,973................................. 58,973

    Administrative fines........................................................................................ 248,661............................... 268,388

    Manufactured Housing Division............................................................... 1,362,918........................... 1,360,624

    Mobile home parks......................................................................................... 244,209............................... 271,602

    Manufactured housing education and recovery....................................... 714,537............................... 675,622

    Lot rent subsidy program............................................................................... 643,111............................... 539,854

    Division of Financial Institutions.................................................................... 26,529................................. 26,546

    Financial institutions audit program.............................................................. 87,966................................. 86,234

    Financial institutions investigations............................................................. 916,118............................... 913,494


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

ê2001 Statutes of Nevada, Page 3017 (Chapter 586, SB 586)ê

 

    Division of Industrial Relations................................................................. 5,998,066........................... 6,156,193

    Enforcement for industrial safety............................................................. 5,933,281........................... 6,188,335

    Safety consultation and training............................................................... 2,078,464                            2,146,066

    Mine safety and training............................................................................ 1,180,681........................... 1,208,752

    Energy conservation....................................................................................... 671,710............................... 611,953

    Petroleum overcharge rebate account......................................................... 620,100............................... 469,396

    Real Estate Division.................................................................................... 1,164,717........................... 1,184,737

    Real estate education and research............................................................. 763,942............................... 719,558

    Real estate recovery....................................................................................... 412,240............................... 423,840

    Real estate investigative fund........................................................................... 1,156................................... 1,156

    Common-interest communities.................................................................... 906,725........................... 1,162,039

    Housing Division.......................................................................................... 9,065,838........................... 9,075,560

    Weatherization program................................................................................ 588,917............................... 588,465

    Account for low-income housing............................................................ 10,858,171......................... 11,812,396

    Nevada Athletic Commission....................................................................... 100,000............................... 100,000

    Office of Nevada Attorney for Injured Workers................................... 2,432,354........................... 2,525,032

    State Dairy Commission............................................................................. 1,261,157........................... 1,110,716

    Employee-Management Relations Board...................................................... 2,907................................... 2,912

    Office of Labor Commissioner............................................................................. 474....................................... 474

Commission on Mineral Resources:

    Division of Minerals.................................................................................... 1,085,616........................... 1,062,765

    Minerals bond reclamation pool............................................................... 1,317,858........................... 1,712,380

State Department of Agriculture

    Agriculture administration............................................................................. 399,302............................... 411,478

    Plant industry program................................................................................... 620,143............................... 621,741

    Weights and measures program................................................................... 893,821............................... 916,794

    Gas pollution standards................................................................................. 639,628............................... 532,946

    Agriculture registration and enforcement account................................ 1,317,579........................... 1,395,321

    Livestock inspection account.................................................................... 1,292,884........................... 1,203,682

    Grading and certification of agricultural products.................................... 409,529............................... 417,374

    Noxious weeds and insect pest control program.......................................... 49,182................................. 45,224

    Veterinary medical services............................................................................. 23,472................................. 23,472

    Rural rehabilitation trust account................................................................ 289,430............................... 316,368

    Garlic, Onion and Alfalfa Seed Research................................................... 129,836............................... 133,666

    Predatory Animal and Rodent Committee................................................ 187,212............................... 188,920

State Gaming Control Board......................................................................... 6,486,578........................... 6,486,578

    Gaming Control Board investigation fund.............................................. 9,494,038........................... 9,494,338

Public Utilities Commission of Nevada..................................................... 12,066,414......................... 10,773,547

Colorado River Commission.......................................................................... 4,821,367........................... 4,003,032

    Research and development........................................................................... 736,296............................... 753,219

    Fort Mojave Valley development fund................................................... 1,712,327............................... 581,331

    Power marketing fund............................................................................ 178,448,161....................... 211,102,539

    Power Delivery System............................................................................. 77,048,575......................... 87,724,415

State Department of Conservation and Natural Resources

    Administration................................................................................................... 36,071................................. 38,713

    Environmental protection administration............................................... 2,721,987........................... 2,596,798

    Bureau of air quality................................................................................... 3,184,616........................... 3,265,890


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

ê2001 Statutes of Nevada, Page 3018 (Chapter 586, SB 586)ê

 

    Water programs............................................................................................ 6,302,695........................... 6,203,455

    Waste management and federal facilities............................................... 9,652,808........................... 9,589,375

    Mining regulation and reclamation.......................................................... 3,038,483........................... 2,850,924

    State Environmental Commission................................................................. 39,482................................. 39,485

    Division of State Lands.................................................................................. 161,688............................... 162,588

    Division of Water Resources......................................................................... 305,637............................... 305,784

    Water planning capital improvements........................................................ 191,681............................... 177,737

    Division of State Parks................................................................................ 6,794,230........................... 5,651,137

    Division of Forestry..................................................................................... 1,453,123........................... 1,454,456

    Forestry intergovernmental agreement.................................................... 8,408,192........................... 8,613,915

    Forestry honor camp................................................................................... 2,094,121........................... 2,095,796

    Forestry nurseries............................................................................................. 467,204............................... 439,347

    Forest fire suppression/emergency response........................................... 4,012,346........................... 4,012,582

    Heil wild horse bequest............................................................................... 1,194,907............................... 975,788

    Nevada natural heritage................................................................................ 392,243............................... 400,017

    Division of Conservation Districts.................................................................. 15,579................................. 15,636

    Tahoe Regional Planning Agency............................................................. 5,827,383........................... 6,522,686

    Nevada Tahoe regional planning................................................................... 10,000................................. 10,000

    Division of Wildlife.................................................................................... 23,295,191......................... 22,248,160

    Boat program............................................................................................... 6,146,138........................... 5,947,687

    Trout management......................................................................................... 681,480........................... 1,011,107

    Obligated reserve.......................................................................................... 2,443,222........................... 2,408,470

Department of Transportation.................................................................. 601,281,433....................... 690,723,859

Department of Motor Vehicles

    Salvage, wreckers and body shops regulation........................................... 537,483............................... 520,177

    Record search program............................................................................... 6,237,756........................... 6,423,383

    Automation...................................................................................................... 176,560............................... 176,560

    Motor carrier.................................................................................................... 832,597........................... 1,007,075

    Motor vehicle pollution control................................................................. 6,817,071........................... 7,160,206

    Verification of insurance............................................................................ 4,814,324........................... 4,428,753

    DMV—Hearings.................................................................................................. 4,060................................... 4,060

    Field services............................................................................................... 14,984,189......................... 15,370,427

    Compliance enforcement................................................................................ 38,073................................. 39,899

    Central services............................................................................................ 1,162,352........................... 1,194,432

    Management services..................................................................................... 391,362............................... 409,023

    Director’s office................................................................................................. 30,224................................. 33,968

    Administrative services.................................................................................. 963,560........................... 1,580,408

Department of Public Safety

    Division of Emergency Management...................................................... 2,040,111........................... 2,028,649

    Division of Parole and Probation.............................................................. 2,990,265........................... 2,990,265

    Investigation Division..................................................................................... 374,921................................... 2,441

    Narcotics control.......................................................................................... 1,543,752........................... 1,613,676

    Training Division................................................................................................ 15,182................................... 4,000

    Fire Marshal.................................................................................................. 1,974,322........................... 1,893,940

    Hazardous Materials Training Center...................................................... 1,223,786........................... 1,221,593

    Traffic safety................................................................................................ 1,713,342........................... 1,713,342

    Highway safety............................................................................................... 709,353............................... 705,358

    Bicycle safety program.................................................................................. 186,845............................... 193,898

    Motorcycle safety program........................................................................... 397,734............................... 380,559

    Forfeitures—Law enforcement................................................................. 1,924,346........................... 1,617,873


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

ê2001 Statutes of Nevada, Page 3019 (Chapter 586, SB 586)ê

 

    Drug commission............................................................................................... 26,134................................. 25,115

    Director’s office............................................................................................ 1,399,366........................... 1,465,677

    Internal affairs................................................................................................. 254,571............................... 255,655

    Justice Assistance Act................................................................................. 8,918,443........................... 8,930,944

    Central Repository for Nevada Records of Criminal History............. 8,654,499........................... 9,190,305

    Nevada Highway Patrol Division................................................................. 625,784............................... 533,971

    Administrative services............................................................................... 1,633,474........................... 1,610,904

    Highway safety grants................................................................................... 686,512............................... 688,820

    Capitol Police Division................................................................................ 1,684,771........................... 1,712,663

    State Emergency Response Commission................................................... 883,182............................... 892,727

    Public safety information services............................................................ 4,546,039........................... 4,673,953

    DMV & PS justice grant account.............................................................. 5,371,548........................... 5,379,099

Peace officers’ standards and training......................................................... 2,270,093........................... 2,285,954

Public employees’ retirement fund............................................................... 8,123,769........................... 6,551,387

Public employees’ benefits program........................................................ 164,236,758....................... 181,449,401

Retired employee group insurance............................................................. 13,947,905......................... 14,067,246

Department of Employment, Training and Rehabilitation

    Administrative services............................................................................... 3,639,661........................... 3,807,316

    Information and development processing.............................................. 5,886,556........................... 6,055,432

    Research and analysis................................................................................ 2,882,847........................... 2,983,620

    Employment Security Division............................................................... 47,314,881......................... 48,527,510

    Employment security special fund........................................................... 8,674,242........................... 5,641,153

    Welfare to work............................................................................................ 2,761,651........................................... 0

    Career enhancement program................................................................ 10,716,082......................... 11,160,271

Rehabilitation Division

    Rehabilitation administration....................................................................... 428,299............................... 450,068

    Bureau of Vocational Rehabilitation.................................................... 10,753,129......................... 11,336,454

    Bureau of Services to the Blind and Visually Impaired....................... 2,800,116........................... 2,944,210

    Blind business enterprise program............................................................ 2,076,766........................... 1,858,742

    Client assistance program.............................................................................. 143,354............................... 151,970

    Community-based services........................................................................ 2,875,946........................... 2,921,917

    Bureau of Disability Adjudication............................................................ 7,923,121........................... 8,264,300

    Developmental disabilities............................................................................. 408,984............................... 408,984

    Nevada Equal Rights Commission.............................................................. 467,541............................... 467,541

 

    Sec. 2.  1.  There is hereby appropriated from the money:

    (a) Received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products; or

    (b) Recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products,

the sum of $238,501 for fiscal year 2001-2002 and the sum of $251,825 for fiscal year 2002-2003 to support the operation of the Attorney General administration program.

    2.  Notwithstanding any other provisions of law to the contrary, upon receipt of sufficient money received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products or recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products, the State Controller shall:


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

ê2001 Statutes of Nevada, Page 3020 (Chapter 586, SB 586)ê

 

    (a) Disburse, on or after July 1, 2001, the money appropriated by subsection 1 in its entirety for the fiscal year 2001-2002 before other disbursements required by law are made;

    (b) Disburse, on or after July 1, 2002, the money appropriated by subsection 1 in its entirety for the fiscal year 2002-2003 before other disbursements required by law are made; and

    (c) Thereafter in each fiscal year, disburse all other money appropriated from this same source on a pro rata basis by percentage allocated by law.

    3.  There is hereby appropriated from the Fund for a Healthy Nevada:

    (a) The sum of $247,953 for fiscal year 2001-2002 and the sum of $263,234 for fiscal year 2002-2003 to support the operation of the EPS/Homemaker programs.

    (b) The sum of $622,523 for fiscal year 2001-2002 and the sum of $846,510 for fiscal year 2002-2003 to support the operation of the Senior Services program.

    4.  Notwithstanding the provisions of subsection 6 of NRS 439.620 to the contrary, the State Controller shall, from the money reserved for allocation by the Aging Services Division of the Department of Human Resources pursuant to paragraph (d) of subsection 1 of NRS 439.630:

    (a) Disburse, on or after July 1, 2001, the money appropriated by subsection 3 in its entirety for the fiscal year 2001-2002 before other disbursements are made; and

    (b) Disburse, on or after July 1, 2002, the money appropriated by subsection 3 in its entirety for the fiscal year 2002-2003 before other disbursements are made.

    5.  Any balance of the sums appropriated by this section remaining at the end of the respective fiscal year reverts to the Fund for a Healthy Nevada as soon as all payments of money committed have been made.

    Sec. 3.  1.  Expenditure of $23,059,287 by the State Gaming Control Board from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 2001, and ending June 30, 2002.

    2.  Expenditure of $23,220,158 by the State Gaming Control Board from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 2002, and ending June 30, 2003.

    3.  Any balance of sums authorized by subsections 1 and 2 remaining at the end of the respective fiscal year reverts to the State General Fund.

    Sec. 4.  1.  Expenditure of $475,012 by the Gaming Commission from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 2001, and ending June 30, 2002.

    2.  Expenditure of $460,954 by the Gaming Commission from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 2002, and ending June 30, 2003.

    3.  Any balance of sums authorized by subsections 1 and 2 remaining at the end of the respective fiscal year reverts to the State General Fund as soon as all payments of money committed have been made.


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

ê2001 Statutes of Nevada, Page 3021 (Chapter 586, SB 586)ê

 

    Sec. 5.  The money authorized to be expended by the provisions of sections 1 to 4, inclusive, of this act, except for expenditures from the Legislative Fund and by judicial agencies, must be expended in accordance with the allotment transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.

    Sec. 6.  1.  Except as otherwise provided in subsection 2 and limited by section 7 of this act, and in accordance with the provisions of NRS 353.220, the Chief of the Budget Division of the Department of Administration may, with the approval of the Governor, authorize the augmentation of the amounts authorized in sections 1 to 4, inclusive, of this act for expenditure by a given officer, department, board, agency, commission and institution from any other state agency, from any agency of local government or of the Federal Government, or from any other source which he determines is in excess of the amount so taken into consideration by this act. The Chief of the Budget Division of the Department of Administration shall reduce any authorization whenever he determines that money to be received will be less than the amount so authorized in sections 1 to 4, inclusive, of this act.

    2.  The Director of the Legislative Counsel Bureau may, with the approval of the Legislative Commission, authorize the augmentation of the amount authorized in section 1 of this act to the Legislative Fund for expenditure by the Legislative Counsel Bureau from any source which he determines is in excess of the amount so taken into consideration by this act. The Director of the Legislative Counsel Bureau shall reduce the authorization whenever he determines that money to be received will be less than the amount so authorized in section 1 of this act.

    Sec. 7.  Except as otherwise provided in sections 8 and 16 of this act, where the operation of an office, department, board, agency, commission, institution or program is financed by an appropriation or appropriations from the State General Fund or the State Highway Fund as well as by money received from other sources, the portion provided by appropriation from the State General Fund or the State Highway Fund must be decreased to the extent that the receipts of the money from other sources is exceeded, but such a decrease must not jeopardize the receipts of such money as is to be received from other sources.

    Sec. 8.  1.  The University and Community College System of Nevada may expend, with the approval of the Interim Finance Committee, any additional fees collected from the registration of students, resident or nonresident, in addition to the following amounts for the respective fiscal years:

 

                                                                                                                          2001-2002                             2002-2003

 

    University of Nevada, Reno                                                                   $24,189,015                        $26,228,770

    University of Nevada, Las Vegas                                                            42,199,871                          45,368,504

    Community College of Southern Nevada                                             18,271,242                          20,264,875

    Western Nevada Community College                                                      2,198,407                            2,311,664

    Truckee Meadows Community College                                                   6,079,104                            6,517,901

    Dental School                                                                                                                0                            1,450,000


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

ê2001 Statutes of Nevada, Page 3022 (Chapter 586, SB 586)ê

 

    Great Basin College                                                                                      1,529,255                            1,664,944

    William S. Boyd School of Law                                                                 2,511,473                            2,599,713

    School of Medicine                                                                                       1,760,792                            1,799,749

    Nevada State College at Henderson                                                                         0                                668,500

 

    2.  Notwithstanding the provisions of section 5 of chapter 556, Statutes of Nevada 1999, at page 2906, the University and Community College System of Nevada may expend in fiscal year 2000-2001, with the approval of the Interim Finance Committee, any revenues that exceed the level set in the legislatively approved budget for that revenue source to meet the cost of energy (utilities) that exceeds the amount set for that purpose in the legislatively approved budget.

    Sec. 9.  Whenever claims which are payable and properly approved exceed the amount of cash in the Wildlife Account in the State General Fund, the State Controller may, with the approval of the Chief of the Budget Division of the Department of Administration, transfer temporarily from the State General Fund to the Wildlife Account such an amount as may be required to pay the claims, but not to exceed 50 percent of the amount receivable from the Federal Government and estimated revenue from license fees receivable in the same fiscal year as authorized in section 1 of this act.

    Sec. 10.  1.  The following amounts are authorized for expenditure from the University and Community College System of Nevada Endowment Fund in the accounts authorized in section 1 of this act:

 

                                                                                                                          2001-2002                             2002-2003

 

    System Administration                                                                                 $172,010                             $172,010

    Special projects account                                                                           18,455,013                          18,663,491

    University of Nevada, Reno                                                                           100,000                                100,000

    University of Nevada, Reno, Athletics                                                         250,000                                250,000

    University of Nevada, Las Vegas                                                              4,003,102                            4,932,835

    University of Nevada, Las Vegas, Athletics                                                250,000                                250,000

    UNLV Dental School                                                                                    1,417,236                            2,137,222

    William S. Boyd School of Law                                                                    656,600                                743,400

    Community College of Southern Nevada                                                5,913,166                            4,453,276

    Truckee Meadows Community College                                                   2,437,847                            2,663,371

    Western Nevada Community College                                                          822,287                            1,134,447

    Great Basin College                                                                                      1,099,012                            1,099,012

    School of Medicine                                                                                          932,434                                932,434

    Desert Research Institute                                                                                500,000                                500,000

 

    2.  The Estate Tax Emergency Fund is established to assist the University and Community College System of Nevada campuses that encounter difficulty in responding to enrollment growth with up to $1,000,000 authorized for transfer from the University and Community College Endowment Fund. Before obligating any of the money in this fund to the campuses of the UCCSN, the University and Community College System of Nevada must obtain approval from the Interim Finance Committee. The money in this fund is available in fiscal years 2001-2002 and 2002-2003.

    Sec. 11.  1.  Except as otherwise provided in subsections 2 and 3, the State Public Defender shall collect not more than the following amounts from the counties for the use of his services:


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

ê2001 Statutes of Nevada, Page 3023 (Chapter 586, SB 586)ê

 

                                                                                                                              For the fiscal                       For the fiscal

                                                                                                                               year ending                          year ending

                                                                                                                             June 30, 2002                     June 30, 2003

 

Carson City                                                                                                         $438,488                             $450,126

Eureka County                                                                                                        42,434                                  43,561

Humboldt County                                                                                                136,733                                140,362

Lincoln County                                                                                                       51,864                                  53,240

Pershing County                                                                                                    103,728                                106,481

Storey County                                                                                                         21,217                                  21,780

White Pine County                                                                                               148,520                                152,462

Totals                                                                                                                    $942,984                             $968,012

 

    2.  The State Public Defender may assess and collect, from the counties, their pro rata share of any salary benefit or cost of living increases approved by the 2001 Legislature for employees of the State Public Defender’s Office for fiscal year 2001-2002 and fiscal year 2002-2003.

    3.  If any county chooses to contribute an additional amount, the State Public Defender may, with the approval of the Interim Finance Committee, accept it and apply it to augment his services.

    Sec. 12.  In fiscal years 2001-2002 and 2002-2003, the State Treasurer shall allocate the amount of tax on motor vehicle fuel computed pursuant to NRS 365.535, to be paid on fuel used in watercraft for recreational purposes, equally between the Division of Wildlife and the Division of State Parks of the State Department of Conservation and Natural Resources.

    Sec. 13.  On and after July 1, 1995, money collected by the Division of Wildlife and designated by the Division as an obligated sum in the Wildlife Account to be used only for the purposes specified by the law pertaining to the money or by the donor of the money must be transferred to a separate account designated as the Division of Wildlife’s Obligated Reserve Account.

    Sec. 14.  The Division of Health Care Financing and Policy of the Department of Human Resources shall work with the University and Community College System of Nevada where possible and allowable, to incorporate dental services available through the University and Community College System of Nevada into the Medicaid and the Nevada Check-Up health service delivery plans.

    Sec. 15.  Any money authorized for expenditure for the purpose of any information technology projects greater than $50,000 in fiscal year 2001-2002 that remain unexpended on June 30, 2002, may be carried forward to fiscal year 2002-2003.

    Sec. 16.  Money authorized for expenditure in section 1 of this act for the Division of Forestry of the State Department of Conservation and Natural Resources for the special reserves for extraordinary costs of operation, repair and maintenance of fire-fighting vehicles may be expended for that purpose notwithstanding the provisions of section 7 of this act.

    Sec. 17.  Any money authorized for expenditure in section 1 of this act for the Division of State Parks of the State Department of Conservation and Natural Resources for park improvements that remains unexpended on June 30, 2002, may be carried forward to fiscal year 2002-2003.

    Sec. 18.  Any money authorized for expenditure in section 1 of this act for the Department of Motor Vehicles and the Department of Public Safety may be transferred among the accounts within the Department of Motor Vehicles and among the accounts within the Department of Public Safety to implement any modifications to the organizational structure of the department, pursuant to the provisions of Senate Bill No.


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

ê2001 Statutes of Nevada, Page 3024 (Chapter 586, SB 586)ê

 

Vehicles and among the accounts within the Department of Public Safety to implement any modifications to the organizational structure of the department, pursuant to the provisions of Senate Bill No. 481 adopted by the 71st session of the Nevada Legislature, upon the recommendation of the Governor and the approval of the Interim Finance Committee. Funds may not be transferred between the Department of Motor Vehicles and the Department of Public Safety. Modifications to the organizational structure must be based on a plan submitted by the Departments and recommended by the Governor not later than January 1, 2002.

    Sec. 19.  1.  This section and subsection 2 of section 8 of this act become effective upon passage and approval.

    2.  Sections 1 to 7, inclusive, subsection 1 of section 8, and sections 9 to 18, inclusive, of this act become effective on July 1, 2001.

________

 

CHAPTER 587, AB 162

Assembly Bill No. 162–Assemblymen Brown, Oceguera, Cegavske, Angle, Bache, Brower, Carpenter, Lee, Marvel, Mortenson and Von Tobel

 

Joint Sponsors: Senators Rawson, Porter and O’Connell

 

CHAPTER 587

 

AN ACT relating to crimes against property; revising the provisions governing actions which constitute theft to include the theft of parts, products or other items related to certain services under certain circumstances and to include theft of gasoline or other fuel or automotive products; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 14, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 205.0832 is hereby amended to read as follows:

    205.0832  [A]

    1.  Except as otherwise provided in subsection 2, a person commits theft if, without lawful authority, he knowingly:

    [1.] (a) Controls any property of another person with the intent to deprive that person of the property.

    [2.] (b) Converts, makes an unauthorized transfer of an interest in, or without authorization controls any property of another person, or uses the services or property of another person entrusted to him or placed in his possession for a limited, authorized period of determined or prescribed duration or for a limited use.

    [3.] (c) Obtains real, personal or intangible property or the services of another person by a material misrepresentation with intent to deprive that person of the property or services. As used in this subsection, “material misrepresentation” means the use of any pretense, or the making of any promise, representation or statement of present, past or future fact which is fraudulent and which, when used or made, is instrumental in causing the wrongful control or transfer of property or services. The pretense may be verbal or it may be a physical act.


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ê2001 Statutes of Nevada, Page 3025 (Chapter 587, AB 162)ê

 

    [4.] (d) Comes into control of lost, mislaid or misdelivered property of another person under circumstances providing means of inquiry as to the true owner and appropriates that property to his own use or that of another person without reasonable efforts to notify the true owner.

    [5.] (e) Controls property of another person knowing or having reason to know that the property was stolen.

    [6.] (f) Obtains services or parts, products or other items related to such services which he knows are available only for compensation without paying or agreeing to pay compensation or diverts the services of another person to his own benefit or that of another person without lawful authority to do so.

    [7.] (g) Takes, destroys, conceals or disposes of property in which another person has a security interest, with intent to defraud that person.

    [8.] (h) Commits any act that is declared to be theft by a specific statute.

    [9.] (i) Draws or passes a check, and in exchange obtains property or services, if he knows that the check will not be paid when presented.

    (j) Obtains gasoline or other fuel or automotive products which is available only for compensation without paying or agreeing to pay compensation.

    2.  A person who commits an act that is prohibited by subsection 1 which involves the repair of a vehicle has not committed theft unless, before the repair was made, he received a written estimate of the cost of the repair.

    Sec. 2.  NRS 205.466 is hereby amended to read as follows:

    205.466  1.  A district attorney may create within his office a program for restitution for persons referred to the district attorney by a law enforcement officer who has probable cause to believe the person violated paragraph (i) of subsection [9] 1 of NRS 205.0832 [,] or NRS 205.130 or 205.380. The program may be conducted by the district attorney in conjunction with the county sheriff, police department or any other law enforcement agency in whose jurisdiction a violation of paragraph (i) of subsection [9] 1 of NRS 205.0832 [,] or NRS 205.130 or 205.380 has occurred, or by a private entity under contract with the district attorney.

    2.  The district attorney may adopt standards for the law enforcement agency which indicate the minimum requirements of investigation by the agency for its referral of a person to the district attorney for acceptance in the program.

    3.  If such a person is referred to the district attorney, the district attorney shall determine if the person is appropriate for acceptance in the program. The district attorney may consider:

    (a) The amount of the check or draft drawn or passed without sufficient money or credit to pay it in full;

    (b) The prior criminal record of the person;

    (c) Prior referrals of the person to the program;

    (d) The number of times the person has violated paragraph (i) of subsection [9] 1 of NRS 205.0832 [,] or NRS 205.130 or 205.380;

    (e) Whether other allegations of drawing or passing checks or drafts without sufficient money or credit to pay them in full are pending against the person; and

    (f) The strength of the evidence, if any, of the person’s intent to defraud the alleged victim.


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

ê2001 Statutes of Nevada, Page 3026 (Chapter 587, AB 162)ê

 

    4.  Except as otherwise provided in NRS 205.469, this section does not limit the authority of the district attorney to prosecute violations of paragraph (i) of subsection [9] 1 of NRS 205.0832 [,] or NRS 205.130 or 205.380.

    Sec. 3.  The amendatory provisions of this act do not apply to offenses committed before October 1, 2001.

________

 

CHAPTER 588, AB 195

Assembly Bill No. 195–Committee on Health and Human Services

 

CHAPTER 588

 

AN ACT relating to aging persons; authorizing the Nevada silver haired legislative forum to operate independently of the aging services division of the department of human resources; requiring the legislative commission to appoint the members of the Nevada silver haired legislative forum; revising the membership of the forum; authorizing a legislator to donate a certain amount of unspent campaign contributions to the forum; and providing other matters properly relating thereto.

 

[Approved: June 14, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 427A of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  All money received by the Nevada silver haired legislative forum must be deposited in a bank, credit union or other financial institution in this state and paid out on its order for its expenses.

    2.  All expenses incurred by the Nevada silver haired legislative forum in carrying out the provisions of NRS 427A.320 to 427A.400, inclusive, must be paid from an account established pursuant to subsection 1.

    Sec. 2.  NRS 427A.320 is hereby amended to read as follows:

    427A.320  The [division shall establish the] Nevada silver haired legislative forum is hereby created to identify and act upon issues of importance to aging persons.

    Sec. 3.  NRS 427A.330 is hereby amended to read as follows:

    427A.330  1.  The [governor] legislative commission shall appoint [21 persons] to the Nevada silver haired legislative forum [, of whom not more than 11 may be members of the same political party. The governor shall appoint from each senatorial district] a number of members equal to the number of state senators . [that represent the senatorial district.] The persons appointed to the forum must be the persons nominated pursuant to this section. Each member of the senate shall, after consulting with the members of the assembly who reside within his senatorial district, nominate a person who meets the requirements for appointment to the forum set forth in NRS 427A.340.

    2.  Appointments to the Nevada silver haired legislative forum must be made by the [governor] legislative commission before December 1 of an odd-numbered year. The term of a member begins on December 1 of the odd-numbered year of appointment.


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

ê2001 Statutes of Nevada, Page 3027 (Chapter 588, AB 195)ê

 

    3.  The members of the Nevada silver haired legislative forum from Clark County senatorial districts 2, 3, 4, 7 and 8, Washoe County senatorial districts 1 and 3, the Capital senatorial district and the Western Nevada senatorial district serve an initial term of 1 year. The [eight] members of the Nevada silver haired legislative forum from the remaining senatorial districts serve an initial term of 2 years. After the initial terms, each member serves a term of 2 years.

    Sec. 4.  NRS 427A.340 is hereby amended to read as follows:

    427A.340  A member of the Nevada silver haired legislative forum must:

    1.  Have been a resident of this state for 5 years immediately preceding his appointment;

    2.  Have been a registered voter in the senatorial district [that he is to represent] of the senator who nominated him for 3 years immediately preceding his appointment; and

    3.  Be at least 60 years of age on the day that he is appointed.

    Sec. 5.  NRS 427A.360 is hereby amended to read as follows:

    427A.360  1.  A position in the Nevada silver haired legislative forum becomes vacant upon:

    (a) The death or resignation of a member.

    (b) The illness of a member that prevents him from attending three consecutive meetings of the Nevada silver haired legislative forum.

    (c) The absence of a member for any reason from three consecutive meetings of the Nevada silver haired legislative forum.

    2.  If a vacancy occurs, the [governor] legislative commission shall appoint a person to serve the remainder of the unexpired term. The [governor] legislative commission may appoint a person whose membership in the national silver haired congress has ended to fill a vacancy in the Nevada silver haired legislative forum.

    Sec. 6.  NRS 427A.370 is hereby amended to read as follows:

    427A.370  1.  The Nevada silver haired legislative forum shall elect from among its members, to serve a term of 1 year:

    [1.] (a) A president, who shall conduct meetings and oversee the formation of committees as necessary to accomplish the purposes of the Nevada silver haired legislative forum.

    [2.] (b) A vice president, who shall assist the president and conduct meetings of the Nevada silver haired legislative forum if the president is absent or otherwise unable to perform his duties.

    [3.] (c) A secretary, who shall:

         [(a)] (1) Prepare and keep a record of meetings, including, without limitation, the date, time, place and purpose of every meeting; and

         [(b)] (2) At the first meeting every year of the Nevada silver haired legislative forum, prepare a list of the dates of the meetings that are scheduled for the year.

    [4.] (d) A treasurer, who shall [prepare and keep a list of the expenses of the Nevada silver haired legislative forum to be sent to the division for payment.] , with the assistance of the director of the legislative counsel bureau, administer any account established pursuant to section 1 of this act.

    2.  The director of the legislative counsel bureau shall provide such persons as are necessary to assist the Nevada silver haired legislative forum in carrying out its duties.


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

ê2001 Statutes of Nevada, Page 3028 (Chapter 588, AB 195)ê

 

    Sec. 7.  NRS 427A.380 is hereby amended to read as follows:

    427A.380  The Nevada silver haired legislative forum may [:

    1.  Meet 1 day each month during the regular session of the legislature in the legislative building in Carson City.

    2.  Meet and hold public hearings at least 1 day during each of the months of June, July and August during each even-numbered year.

    3.] , within the limits of legislative appropriations and any gifts, grants or donations received by the forum:

    1.  During the period in which the legislature is not in a regular session, hold three public hearings in three different areas of this state and may hold an additional public hearing in any area of this state to prepare the report authorized by NRS 427A.390.

    2.  Comply with chapter 241 of NRS.

    Sec. 8.  NRS 427A.390 is hereby amended to read as follows:

    427A.390  The Nevada silver haired legislative forum may:

    1.  Submit a report containing [topics for possible] recommendations for legislative action to the legislative commission and the governor before [September] July 1 of each even-numbered year.

    2.  Accept gifts, grants and donations that must be deposited in [the state treasury for credit to the aging services division’s gift account in the department of human resources’ gift fund. A gift, grant or donation to the Nevada silver haired legislative forum may be expended only in carrying out the duties of the Nevada silver haired legislative forum.] an account established pursuant to section 1 of this act.

    3.  Adopt procedures to conduct meetings of the Nevada silver haired legislative forum and committees thereof. [These] Those procedures may be changed upon approval of a majority vote of all members of the Nevada silver haired legislative forum who are present and voting.

    Sec. 9.  NRS 427A.400 is hereby amended to read as follows:

    427A.400  Within the limits of legislative appropriations, and any gifts, grants and donations [:

    1.  The division shall pay the expenses of the Nevada silver haired legislative forum.

    2.  Each] , each member of the Nevada silver haired legislative forum is entitled to receive for attendance at a meeting of the Nevada silver haired legislative forum or a committee thereof the per diem allowance and travel expenses provided for state officers and employees generally.

    Sec. 10.  NRS 294A.160 is hereby amended to read as follows:

    294A.160  1.  It is unlawful for a candidate to spend money received as a campaign contribution for his personal use.

    2.  Every candidate for a state, district, county, city or township office at a primary, general, primary city, general city or special election who is elected to that office and received contributions that were not spent or committed for expenditure before the primary, general, primary city, general city or special election shall:

    (a) Return the unspent money to contributors;

    (b) Use the money in his next election or for the payment of other expenses related to public office or his campaign;

    (c) Contribute the money to:

         (1) The campaigns of other candidates for public office or for the payment of debts related to their campaigns;

         (2) A political party;


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ê2001 Statutes of Nevada, Page 3029 (Chapter 588, AB 195)ê

 

         (3) A person or group of persons advocating the passage or defeat of a question or group of questions on the ballot; or

         (4) Any combination of persons or groups set forth in subparagraphs (1), (2) and (3);

    (d) Donate the money to any tax-exempt nonprofit entity; or

    (e) Dispose of the money in any combination of the methods provided in paragraphs (a) to (d), inclusive.

    3.  Every candidate for a state, district, county, city or township office at a primary, general, primary city, general city or special election who is not elected to that office and received contributions that were not spent or committed for expenditure before the primary, general, primary city, general city or special election shall, not later than the 15th day of the second month after his defeat:

    (a) Return the unspent money to contributors;

    (b) Contribute the money to:

         (1) The campaigns of other candidates for public office or for the payment of debts related to their campaigns;

         (2) A political party;

         (3) A person or group of persons advocating the passage or defeat of a question or group of questions on the ballot; or

         (4) Any combination of persons or groups set forth in subparagraphs (1), (2) and (3);

    (c) Donate the money to any tax-exempt nonprofit entity; or

    (d) Dispose of the money in any combination of the methods provided in paragraphs (a) , (b) and (c).

    4.  Every candidate for a state, district, county, city or township office who is defeated at a primary or primary city election and received a contribution from a person in excess of $5,000 shall, not later than the 15th day of the second month after his defeat, return any money in excess of $5,000 to the contributor.

    5.  Every public officer who:

    (a) Holds a state, district, county, city or township office;

    (b) Does not run for reelection and is not a candidate for any other office; and

    (c) Has contributions that are not spent or committed for expenditure remaining from a previous election,

shall, not later than the 15th day of the second month after the expiration of his term of office, dispose of those contributions in the manner provided in subsection 3.

    6.  In addition to the methods for disposing the unspent money set forth in subsections 2, 3 and 4, a legislator may donate not more than $500 of that money to the Nevada silver haired legislative forum created pursuant to NRS 427A.320.

    7.  The court shall, in addition to any penalty which may be imposed pursuant to NRS 294A.420, order the candidate or public officer to dispose of any remaining contributions in the manner provided in this section.

    [7.] 8.  As used in this section, “contributions” include any interest and other income earned thereon.

    Sec. 11.  NRS 294A.180 is hereby amended to read as follows:

    294A.180  1.  Each candidate for a state, district, county, city or township office who is not elected to that office shall, not later than the 15th day of the second month after his defeat, file a report with the secretary of state stating the amount of contributions which he received for that campaign but did not spend and the disposition of those unspent contributions.


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

ê2001 Statutes of Nevada, Page 3030 (Chapter 588, AB 195)ê

 

state stating the amount of contributions which he received for that campaign but did not spend and the disposition of those unspent contributions.

    2.  Each public officer who is elected to a state, district, county, city or township office shall file a report:

    (a) Not later than the 15th day of the second month after his election, stating the amount of campaign contributions which he received but did not spend and the amount, if any, of those unspent contributions disposed of pursuant to [subsection] subsections 2 and 6 of NRS 294A.160 as of the last day of the first month after his election;

    (b) Not later than January 15th of each year of his term beginning the year after he filed the report required by paragraph (a), stating the amount, if any, of those unspent contributions disposed of pursuant to NRS 294A.160 during the period from the last date covered by his last report through December 31 of the immediately preceding year and the manner in which they were disposed of; and

    (c) Not later than the 15th day of the second month after he no longer holds that office, stating the amount and disposition of any remaining unspent contributions.

    3.  The reports required by subsections 1 and 2 must be submitted on a form designed and provided by the secretary of state and signed by the candidate or public officer under penalty of perjury.

    4.  A public officer filing a report pursuant to subsection 2:

    (a) Shall file the report with the officer with whom he filed his declaration of candidacy or acceptance of candidacy.

    (b) May file the report by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

    5.  A county clerk who receives from a legislative or judicial officer, other than a justice of the peace or municipal judge, a report pursuant to subsection 4 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.

    Sec. 12.  NRS 427A.410 is hereby repealed.

    Sec. 13.  On July 1, 2001, or as soon thereafter as practicable, the state controller shall draw his warrant, payable to the Nevada silver haired legislative forum, for the amount of money in the aging services division’s gift account in the department of human resources’ gift fund that was credited to that account pursuant to NRS 427A.390.

    Sec. 14.  The term of each member of the Nevada silver haired legislative forum who is incumbent on the effective date of this act, expires on November 30, 2001.

    Sec. 15.  This act becomes effective upon passage and approval.

________

 


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ê2001 Statutes of Nevada, Page 3031ê

 

CHAPTER 589, AB 54

Assembly Bill No. 54–Assemblyman Anderson

 

CHAPTER 589

 

AN ACT relating to criminal procedure; revising the provisions relating to the time within which a prosecution for kidnapping or attempted murder must be commenced; revising certain provisions concerning genetic marker testing to refer to obtaining a “biological specimen”; providing for genetic marker testing of certain persons who reside in this state and who are convicted of certain crimes in other states; and providing other matters properly relating thereto.

 

[Approved: June 14, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 171 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If, at any time during the period of limitation prescribed in NRS 171.085 and 171.095, a victim of kidnapping or attempted murder, or a person authorized to act on behalf of such a victim, files with a law enforcement officer a written report concerning the offense, the period of limitation prescribed in NRS 171.085 and 171.095 is extended for 5 years.

    2.  If a written report is filed with a law enforcement officer pursuant to subsection 1, the law enforcement officer shall provide a copy of the written report to the victim or the person authorized to act on behalf of the victim.

    3.  As used in this section, “law enforcement officer” has the meaning ascribed to it in NRS 171.083.

    Sec. 2.  NRS 171.085 is hereby amended to read as follows:

    171.085  Except as otherwise provided in NRS 171.083 and 171.095, and section 1 of this act, an indictment for:

    1.  Theft, robbery, burglary, forgery, arson or sexual assault must be found, or an information or complaint filed, within 4 years after the commission of the offense.

    2.  Any felony other than murder, theft, robbery, burglary, forgery, arson or sexual assault must be found, or an information or complaint filed, within 3 years after the commission of the offense.

    Sec. 3.  NRS 171.095 is hereby amended to read as follows:

    171.095  1.  Except as otherwise provided in subsection 2 and NRS 171.083 [:] and section 1 of this act:

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

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

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


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ê2001 Statutes of Nevada, Page 3032 (Chapter 589, AB 54)ê

 

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

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

    Sec. 4.  Chapter 176 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If the division is supervising a probationer or parolee pursuant to an interstate compact and the probationer or parolee is or has been convicted in another jurisdiction of violating a law that prohibits the same or similar conduct as an offense listed in subsection 4 of NRS 176.0913, the division shall arrange for a biological specimen to be obtained from the probationer or parolee.

    2.  After a biological specimen is obtained from a probationer or parolee pursuant to this section, the division shall:

    (a) Provide the biological specimen to the forensic laboratory that has been designated by the county in which the probationer or parolee is residing to conduct or oversee genetic marker testing for the county pursuant to NRS 176.0917; and

    (b) Submit the name, social security number, date of birth and any other information identifying the probationer or parolee to the central repository for Nevada records of criminal history.

    3.  A probationer or parolee, to the extent of his financial ability, shall pay the sum of $150 to the division as a fee for obtaining the biological specimen and for conducting the analysis to determine the genetic markers of the biological specimen. Except as otherwise provided in subsection 4, the fee required pursuant to this subsection must be collected from a probationer or parolee at the time the biological specimen is obtained from the probationer or parolee.

    4.  A probationer or parolee may arrange to make monthly payments of the fee required pursuant to subsection 3. If such arrangements are made, the division shall provide a probationer or parolee with a monthly statement that specifies the date on which the next payment is due.

    5.  Any unpaid balance for a fee required pursuant to subsection 3 is a charge against the division.

    6.  The division shall deposit money that is collected pursuant to this section in the fund for genetic marker testing, which is hereby created in the state general fund. The money deposited in the fund for genetic marker testing must be used to pay for the actual amount charged to the division for obtaining biological specimens from probationers and parolees, and for conducting an analysis to determine the genetic markers of the specimens.

    Sec. 5.  NRS 176.0911 is hereby amended to read as follows:

    176.0911  As used in NRS 176.0911 to 176.0917, inclusive, and section 4 of this act, unless the context otherwise requires, “CODIS” means the Combined DNA Indexing System operated by the Federal Bureau of Investigation.

    Sec. 6.  NRS 176.0913 is hereby amended to read as follows:

    176.0913  1.  If a defendant is convicted of an offense listed in subsection 4, the court, at sentencing, shall order that:


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ê2001 Statutes of Nevada, Page 3033 (Chapter 589, AB 54)ê

 

    (a) The name, social security number, date of birth and any other information identifying the defendant be submitted to the central repository for Nevada records of criminal history; and

    (b) [Samples of blood] A biological specimen be obtained from the defendant pursuant to the provisions of this section and that the [samples] specimen be used for an analysis to determine the genetic markers of the [blood.] specimen.

    2.  If the defendant is committed to the custody of the department of prisons, the department of prisons shall arrange for the [samples of blood] biological specimen to be obtained from the defendant. The department of prisons shall provide the [samples of blood] specimen to the forensic laboratory that has been designated by the county in which the defendant was convicted to conduct or oversee genetic marker testing for the county pursuant to NRS 176.0917.

    3.  If the defendant is not committed to the custody of the department of prisons, the division shall arrange for the [samples of blood] biological specimen to be obtained from the defendant. The division shall provide the [samples of blood] specimen to the forensic laboratory that has been designated by the county in which the defendant was convicted to conduct or oversee genetic marker testing for the county pursuant to NRS 176.0917. Any cost that is incurred to obtain [the samples of blood from the] a biological specimen from a defendant pursuant to this subsection is a charge against the county in which the defendant was convicted and must be paid as provided in NRS 176.0915.

    4.  The provisions of subsection 1 apply to a defendant who is convicted of : [any of: the following offenses:]

    (a) A crime against a child as defined in NRS 179D.210 ; [.]

    (b) A sexual offense as defined in NRS 179D.410 ; [.]

    (c) Murder, manslaughter or any other unlawful killing pursuant to NRS 200.010 to 200.260, inclusive ; [.]

    (d) Mayhem pursuant to NRS 200.280 ; [.]

    (e) Administering poison or another noxious or destructive substance or liquid with intent to cause death pursuant to NRS 200.390 ; [.]

    (f) Battery with intent to commit a crime pursuant to NRS 200.400 ; [.]

    (g) Battery which is committed with the use of a deadly weapon or which results in substantial bodily harm pursuant to NRS 200.481 ; [.]

    (h) Abuse or neglect of an older person pursuant to NRS 200.5099 ; [.]

    (i) A second or subsequent offense for stalking pursuant to NRS 200.575 ; [.]

    (j) Burglary pursuant to NRS 205.060 ; [.]

    (k) Invasion of the home pursuant to NRS 205.067 ; [.]

    (l) Kidnapping pursuant to NRS 200.310 to 200.340, inclusive; or

    (m) An attempt or conspiracy to commit an offense listed in this subsection.

    Sec. 7.  NRS 176.0915 is hereby amended to read as follows:

    176.0915  1.  If the court orders that [samples of blood] a biological specimen be obtained from a defendant pursuant to NRS 176.0913, the court, in addition to any other penalty, shall order the defendant, to the extent of his financial ability, to pay the sum of [$250] $150 as a fee for obtaining the [samples of blood] specimen and for conducting the analysis to determine the genetic markers of the [blood.] specimen. The fee:


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

ê2001 Statutes of Nevada, Page 3034 (Chapter 589, AB 54)ê

 

    (a) Must be stated separately in the judgment of the court or on the docket of the court;

    (b) Must be collected from the defendant before or at the same time that any fine imposed by the court is collected from the defendant; and

    (c) Must not be deducted from any fine imposed by the court.

    2.  All money that is collected pursuant to subsection 1 must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month.

    3.  The board of county commissioners of each county shall by ordinance create in the county treasury a fund to be designated as the fund for genetic marker testing. The county treasurer shall deposit money that is collected pursuant to subsection 2 in the fund for genetic marker testing. The money must be accounted for separately within the fund.

    4.  Each month, the county treasurer shall use the money deposited in the fund for genetic marker testing to pay for the actual amount charged to the county for obtaining [samples of blood from defendants] a biological specimen from a defendant pursuant to NRS 176.0913.

    5.  If money remains in the fund after the county treasurer makes the payments required by subsection 4, the county treasurer shall pay the remaining money each month to the forensic laboratory that is designated by the county pursuant to NRS 176.0917 to conduct or oversee genetic marker testing for the county. A forensic laboratory that receives money pursuant to this subsection shall use the money to:

    (a) Maintain and purchase equipment and supplies relating to genetic marker testing, including, but not limited to, equipment and supplies required by the Federal Bureau of Investigation for participation in CODIS; and

    (b) Pay for the training and continuing education, including, but not limited to, the reasonable travel expenses, of employees of the forensic laboratory who conduct or oversee genetic marker testing.

    Sec. 8.  NRS 176.0917 is hereby amended to read as follows:

    176.0917  1.  The board of county commissioners of each county shall designate a forensic laboratory to conduct or oversee for the county any genetic marker testing that is ordered or arranged pursuant to NRS 176.0913 [.] or section 4 of this act.

    2.  The forensic laboratory designated by the board of county commissioners pursuant to subsection 1:

    (a) Must be operated by this state or one of its political subdivisions; and

    (b) Must satisfy or exceed the standards for quality assurance that are established by the Federal Bureau of Investigation for participation in CODIS.

    Sec. 9.  NRS 179A.075 is hereby amended to read as follows:

    179A.075  1.  The central repository for Nevada records of criminal history is hereby created within the Nevada highway patrol division of the department.

    2.  Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:

    (a) Collect and maintain records, reports and compilations of statistical data required by the department; and

    (b) Submit the information collected to the central repository in the manner recommended by the advisory committee and approved by the director of the department.


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

ê2001 Statutes of Nevada, Page 3035 (Chapter 589, AB 54)ê

 

    3.  Each agency of criminal justice shall submit the information relating to sexual offenses and other records of criminal history that it creates or issues, and any information in its possession relating to the genetic markers of [the blood and the secretor status of the saliva] a biological specimen of a person who is convicted of [sexual assault or any other sexual] a criminal offense, to the division in the manner prescribed by the director of the department. The information must be submitted to the division:

    (a) Through an electronic network;

    (b) On a medium of magnetic storage; or

    (c) In the manner prescribed by the director of the department,

within the period prescribed by the director of the department. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the division. The division shall delete all references in the central repository relating to that particular arrest.

    4.  The division shall, in the manner prescribed by the director of the department:

    (a) Collect, maintain and arrange all information submitted to it relating to:

         (1) Sexual offenses and other records of criminal history; and

         (2) The genetic markers of [the blood and the secretor status of the saliva] a biological specimen of a person who is convicted of [sexual assault or any other sexual] a criminal offense.

    (b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him.

    (c) Upon request, provide the information that is contained in the central repository to the state disaster identification team of the division of emergency management of the department . [of motor vehicles and public safety.]

    5.  The division may:

    (a) Disseminate any information which is contained in the central repository to any other agency of criminal justice;

    (b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and

    (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints the central repository submits to the Federal Bureau of Investigation and:

         (1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;

         (2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;

         (3) About whom any agency of the State of Nevada or any political subdivision thereof has a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction; or

         (4) For whom such information is required to be obtained pursuant to NRS 449.179.


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

ê2001 Statutes of Nevada, Page 3036 (Chapter 589, AB 54)ê

 

    6.  The central repository shall:

    (a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

    (b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.

    (c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the central repository.

    (d) Investigate the criminal history of any person who:

         (1) Has applied to the superintendent of public instruction for a license;

         (2) Has applied to a county school district for employment; or

         (3) Is employed by a county school district,

and notify the superintendent of each county school district and the superintendent of public instruction if the investigation of the central repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.

    (e) Upon discovery, notify the superintendent of each county school district by providing him with a list of all persons:

         (1) Investigated pursuant to paragraph (d); or

         (2) Employed by a county school district whose fingerprints were sent previously to the central repository for investigation,

who the central repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the central repository’s initial investigation. The superintendent of each county school district shall determine whether further investigation or action by the district is appropriate.

    (f) Investigate the criminal history of each person who submits fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or 449.179.

    (g) On or before July 1 of each year, prepare and present to the governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the governor throughout the year regarding specific areas of crime if they are recommended by the advisory committee and approved by the director of the department.

    (h) On or before July 1 of each year, prepare and submit to the director of the legislative counsel bureau, for submission to the legislature, or the legislative commission when the legislature is not in regular session, a report containing statistical data about domestic violence in this state.

    (i) Identify and review the collection and processing of statistical data relating to criminal justice and the delinquency of children by any agency identified in subsection 2, and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

    7.  The central repository may:

    (a) At the recommendation of the advisory committee and in the manner prescribed by the director of the department, disseminate compilations of statistical data and publish statistical reports relating to crime or the delinquency of children.


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

ê2001 Statutes of Nevada, Page 3037 (Chapter 589, AB 54)ê

 

    (b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The central repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the state disaster identification team of the division of emergency management of the department . [of motor vehicles and public safety.] All money collected pursuant to this paragraph must be used to pay for the cost of operating the central repository.

    (c) In the manner prescribed by the director of the department, use electronic means to receive and disseminate information contained in the central repository that it is authorized to disseminate pursuant to the provisions of this chapter.

    8.  As used in this section:

    (a) “Advisory committee” means the committee established by the director of the department pursuant to NRS 179A.078.

    (b) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:

         (1) The name, driver’s license number, social security number, date of birth and photograph or computer generated image of a person; and

         (2) The fingerprints, voiceprint, retina image and iris image of a person.

    Sec. 10.  NRS 56.020 is hereby amended to read as follows:

    56.020  1.  Whenever it is relevant in a civil or criminal action to determine the parentage or identity of any person or corpse, the court, by order, may direct any party to the action and the person involved in the controversy to submit to one or more [blood or saliva tests,] tests to obtain a biological specimen to determine the genetic markers of the specimen, to be made by qualified persons, under such restrictions and directions as the court deems proper. [The tests may include analysis of a person’s blood to determine its genetic markers and of a person’s saliva to determine its secretor status.]

    2.  Whenever a test is ordered and made, the results of the test may be received in evidence. The order for the tests also may direct that the testimony of the experts and of the persons so examined may be taken by deposition. The opinion of any expert concerning results of [blood] genetic tests may be weighted in accordance with evidence, if available, of the statistical probability of the alleged [blood] genetic relationship. The court shall determine how and by whom the costs of the examination must be paid.

    Sec. 11.  Sections 1 and 3 of Assembly Bill No. 489 of this session are hereby amended to read as follows:

    Section 1.  NRS 176.0913 is hereby amended to read as follows:

    176.0913  1.  If a defendant is convicted of an offense listed in subsection 4, the court, at sentencing, shall order that:

    (a) The name, social security number, date of birth and any other information identifying the defendant be submitted to the central repository for Nevada records of criminal history; and

    (b) A biological specimen be obtained from the defendant pursuant to the provisions of this section and that the specimen be used for an analysis to determine the genetic markers of the specimen.

    2.  If the defendant is committed to the custody of the department of prisons, the department of prisons shall arrange for the biological specimen to be obtained from the defendant.


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ê2001 Statutes of Nevada, Page 3038 (Chapter 589, AB 54)ê

 

specimen to be obtained from the defendant. The department of prisons shall provide the specimen to the forensic laboratory that has been designated by the county in which the defendant was convicted to conduct or oversee genetic marker testing for the county pursuant to NRS 176.0917.

    3.  If the defendant is not committed to the custody of the department of prisons, the division shall arrange for the biological specimen to be obtained from the defendant. The division shall provide the specimen to the forensic laboratory that has been designated by the county in which the defendant was convicted to conduct or oversee genetic marker testing for the county pursuant to NRS 176.0917. Any cost that is incurred to obtain a biological specimen from a defendant pursuant to this subsection is a charge against the county in which the defendant was convicted and must be paid as provided in NRS 176.0915.

    4.  The provisions of subsection 1 apply to a defendant who is convicted of:

    (a) A category A felony;

    (b) A category B felony;

    (c) A category C felony involving the use or threatened use of force or violence against the victim;

    (d) A crime against a child as defined in NRS 179D.210;

    [(b)] (e) A sexual offense as defined in NRS 179D.410;

    [(c) Murder, manslaughter or any other unlawful killing pursuant to NRS 200.010 to 200.260, inclusive;

    (d) Mayhem pursuant to NRS 200.280;

    (e) Administering poison or another noxious or destructive substance or liquid with intent to cause death pursuant to NRS 200.390;

    (f) Battery with intent to commit a crime pursuant to NRS 200.400;

    (g) Battery which is committed with the use of a deadly weapon or which results in substantial bodily harm pursuant to NRS 200.481;

    (h)] (f) Abuse or neglect of an older person pursuant to NRS 200.5099;

    [(i)] (g) A second or subsequent offense for stalking pursuant to NRS 200.575;

    [(j) Burglary pursuant to NRS 205.060;

    (k) Invasion of the home pursuant to NRS 205.067;

    (l) Kidnapping pursuant to NRS 200.310 to 200.340, inclusive; or

    (m)] or

    (h) An attempt or conspiracy to commit an offense listed in this subsection.

    Sec. 3.  NRS 179A.075 is hereby amended to read as follows:

    179A.075  1.  The central repository for Nevada records of criminal history is hereby created within the Nevada highway patrol division of the department.

    2.  Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:

    (a) Collect and maintain records, reports and compilations of statistical data required by the department; and

    (b) Submit the information collected to the central repository in the manner recommended by the advisory committee and approved by the director of the department.


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

ê2001 Statutes of Nevada, Page 3039 (Chapter 589, AB 54)ê

 

    3.  Each agency of criminal justice shall submit the information relating to sexual offenses and other records of criminal history that it creates or issues, and any information in its possession relating to the genetic markers of a biological specimen of a person who is convicted of [a criminal offense,] an offense listed in subsection 4 of NRS 176.0913, to the division in the manner prescribed by the director of the department. The information must be submitted to the division:

    (a) Through an electronic network;

    (b) On a medium of magnetic storage; or

    (c) In the manner prescribed by the director of the department,

within the period prescribed by the director of the department. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the division. The division shall delete all references in the central repository relating to that particular arrest.

    4.  The division shall, in the manner prescribed by the director of the department:

    (a) Collect, maintain and arrange all information submitted to it relating to:

         (1) Sexual offenses and other records of criminal history; and

         (2) The genetic markers of a biological specimen of a person who is convicted of [a criminal offense.] an offense listed in subsection 4 of NRS 176.0913.

    (b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him.

    (c) Upon request, provide the information that is contained in the central repository to the state disaster identification team of the division of emergency management of the department.

    5.  The division may:

    (a) Disseminate any information which is contained in the central repository to any other agency of criminal justice;

    (b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and

    (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints the central repository submits to the Federal Bureau of Investigation and:

         (1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;

         (2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;

         (3) About whom any agency of the State of Nevada or any political subdivision thereof has a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction; or

         (4) For whom such information is required to be obtained pursuant to NRS 449.179.


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

ê2001 Statutes of Nevada, Page 3040 (Chapter 589, AB 54)ê

 

    6.  The central repository shall:

    (a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

    (b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.

    (c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the central repository.

    (d) Investigate the criminal history of any person who:

         (1) Has applied to the superintendent of public instruction for a license;

         (2) Has applied to a county school district for employment; or

         (3) Is employed by a county school district,

and notify the superintendent of each county school district and the superintendent of public instruction if the investigation of the central repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.

    (e) Upon discovery, notify the superintendent of each county school district by providing him with a list of all persons:

         (1) Investigated pursuant to paragraph (d); or

         (2) Employed by a county school district whose fingerprints were sent previously to the central repository for investigation,

who the central repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the central repository’s initial investigation. The superintendent of each county school district shall determine whether further investigation or action by the district is appropriate.

    (f) Investigate the criminal history of each person who submits fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or 449.179.

    (g) On or before July 1 of each year, prepare and present to the governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the governor throughout the year regarding specific areas of crime if they are recommended by the advisory committee and approved by the director of the department.

    (h) On or before July 1 of each year, prepare and submit to the director of the legislative counsel bureau, for submission to the legislature, or the legislative commission when the legislature is not in regular session, a report containing statistical data about domestic violence in this state.

    (i) Identify and review the collection and processing of statistical data relating to criminal justice and the delinquency of children by any agency identified in subsection 2, and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

    7.  The central repository may:

    (a) At the recommendation of the advisory committee and in the manner prescribed by the director of the department, disseminate compilations of statistical data and publish statistical reports relating to crime or the delinquency of children.


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

ê2001 Statutes of Nevada, Page 3041 (Chapter 589, AB 54)ê

 

compilations of statistical data and publish statistical reports relating to crime or the delinquency of children.

    (b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The central repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the state disaster identification team of the division of emergency management of the department. All money collected pursuant to this paragraph must be used to pay for the cost of operating the central repository.

    (c) In the manner prescribed by the director of the department, use electronic means to receive and disseminate information contained in the central repository that it is authorized to disseminate pursuant to the provisions of this chapter.

    8.  As used in this section:

    (a) “Advisory committee” means the committee established by the director of the department pursuant to NRS 179A.078.

    (b) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:

         (1) The name, driver’s license number, social security number, date of birth and photograph or computer generated image of a person; and

         (2) The fingerprints, voiceprint, retina image and iris image of a person.

    Sec. 12.  The amendatory provisions of sections 1, 2 and 3 of this act apply to a person who committed a kidnapping or attempted murder before the effective date of this act if the applicable statute of limitations has commenced but has not yet expired on the effective date of this act.

    Sec. 13.  The amendatory provisions of sections 4 to 10, inclusive, of this act do not apply to offenses committed before the effective date of this act.

    Sec. 14.  This act becomes effective upon passage and approval.

________

 

CHAPTER 590, AB 550

Assembly Bill No. 550–Committee on Judiciary

 

CHAPTER 590

 

AN ACT relating to health; making various changes to procedures for the detention and civil commitment of mentally ill persons; expanding the rights of patients of certain health care facilities; and providing other matters properly relating thereto.

 

[Approved: June 14, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 433A.150 is hereby amended to read as follows:

    433A.150  1.  Any person alleged to be a mentally ill person may , upon application pursuant to NRS 433A.160 and subject to the provisions of subsection 2, be detained in a public or private mental health facility or hospital under an emergency admission for evaluation, observation and treatment .


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

ê2001 Statutes of Nevada, Page 3042 (Chapter 590, AB 550)ê

 

of subsection 2, be detained in a public or private mental health facility or hospital under an emergency admission for evaluation, observation and treatment . [subject to subsection 2.]

    2.  Except as otherwise provided in subsection 3, a person admitted to a mental health facility or hospital under subsection 1 must [not be detained in excess of] be released within 72 hours, including [Saturdays and Sundays,] weekends and holidays, from the time of his admission unless within that period a written petition for an involuntary court-ordered admission [has been] is filed with the clerk of the district court pursuant to NRS 433A.200 [.] , including, without limitation, the documents required pursuant to NRS 433A.210, or the status of the person is changed to a voluntary admission.

    3.  If the [72-hour] period specified in subsection 2 expires on a day on which the office of the clerk of the district court is not open, the written petition must be filed [on or before the close of the business day next preceding the expiration of that period, except that, if that business day is the same day as that upon which the person was admitted, the petition must be filed] on or before the close of the business day next following the expiration of that period.

    Sec. 2.  NRS 433A.160 is hereby amended to read as follows:

    433A.160  1.  [Application for an] Except as otherwise provided in subsection 2, an application for the emergency admission of an allegedly mentally ill person for evaluation , [and] observation and treatment may only be made by an accredited agent of the department, an officer authorized to make arrests in the State of Nevada or a physician, psychologist, marriage and family therapist, social worker or registered nurse. The agent, officer, physician, psychologist, marriage and family therapist, social worker or registered nurse may [take] :

    (a) Without a warrant:

         (1) Take an allegedly mentally ill person into custody [without a warrant] to apply for the emergency admission of the person for evaluation, observation and treatment [under 433A.150 and may:

    (a)] ; and

         (2) Transport the allegedly mentally ill person [; or

    (b) Arrange] to a public or private mental health facility or hospital for that purpose, or arrange for the person to be transported by:

         [(1)] (I) A local law enforcement agency;

         [(2)] (II) A system for the nonemergency medical transportation of persons whose operation is authorized by the transportation services authority; or

         [(3)] (III) If medically necessary, an ambulance service that holds a permit issued pursuant to the provisions of chapter 450B of NRS . [,

to a public or private mental health facility for that purpose.] only if the agent, officer, physician, psychologist, marriage and family therapist, social worker or registered nurse has, based upon his personal observation of the allegedly mentally ill person, probable cause to believe that the person is a mentally ill person and, because of that illness, is likely to harm himself or others if allowed his liberty.

    (b) Apply to a district court for an order requiring:

         (1) Any peace officer to take an allegedly mentally ill person into custody to allow the applicant for the order to apply for the emergency admission of the allegedly mentally ill person for evaluation, observation and treatment; and


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ê2001 Statutes of Nevada, Page 3043 (Chapter 590, AB 550)ê

 

         (2) Any agency, system or service described in subparagraph (2) of paragraph (a) to transport the allegedly mentally ill person to a public or private mental health facility or hospital for that purpose.

The district court may issue such an order only if it is satisfied that there is probable cause to believe that the allegedly mentally ill person is a mentally ill person and, because of that illness is likely to harm himself or others if allowed his liberty.

    2.  An application for the emergency admission of an allegedly mentally ill person for evaluation, observation and treatment may be made by a spouse, parent, adult child or legal guardian of the person. The spouse, parent, adult child or legal guardian and any other person who has a legitimate interest in the allegedly mentally ill person may apply to a district court for an order described in paragraph (b) of subsection 1.

    3.  The application for the emergency admission of an allegedly mentally ill person for evaluation, observation and treatment must reveal the circumstances under which the person was taken into custody and the reasons therefor.

    [3.] 4.  As used in subsection 1, “an accredited agent of the department” means any person appointed or designated by the director of the department to take into custody and transport to a mental health facility pursuant to subsections 1 and 2 those persons in need of emergency admission.

    [4.  Any person who has reason to believe that another person is mentally ill may apply to the district attorney of the county where the allegedly mentally ill person is found, and the district attorney may, if satisfied that as a result of mental illness the person is likely to harm himself or others:

    (a) Issue an order to any peace officer for the immediate apprehension of the person and his transportation to a public or private mental health facility; and

    (b) Apply for the admission of the person under the emergency admission provisions of NRS 433A.150.]

    5.  Except as otherwise provided in this subsection, each person admitted to a public or private mental health facility or hospital under an emergency admission must be evaluated at the time of admission by a psychiatrist or a psychologist. If a psychiatrist or a psychologist is not available to conduct an evaluation at the time of admission, a physician may conduct the evaluation. Each such emergency admission must be approved by a psychiatrist.

    Sec. 3.  NRS 433A.170 is hereby amended to read as follows:

    433A.170  Except as otherwise provided in this section, the administrative officer of a facility operated by the division or of any other public or private mental health facility or hospital shall not accept an application for an emergency admission under NRS [433A.150 and] 433A.160 unless that application is accompanied by a certificate of a psychiatrist or a licensed psychologist stating that he has examined the person alleged to be mentally ill and that he has concluded that [as a result of mental illness] the person is a mentally ill person and, because of that illness is likely to harm himself or others [.] if allowed his liberty. If a psychiatrist or licensed psychologist is not available to conduct an examination, a physician may conduct the examination. The certificate required by this section may be obtained from a psychiatrist, licensed psychologist or physician who is employed by the public or private mental health facility or hospital to which the application is made.


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ê2001 Statutes of Nevada, Page 3044 (Chapter 590, AB 550)ê

 

    Sec. 4.  NRS 433A.200 is hereby amended to read as follows:

    433A.200  1.  A proceeding for an involuntary court-ordered admission of any person in the State of Nevada may be commenced by the filing of a petition with the clerk of the district court of the county where the person who is to be treated resides. The petition may be filed by the spouse, parent, adult children or legal guardian of the person to be treated or by any physician, psychologist, social worker or registered nurse, by an accredited agent of the department or by any officer authorized to make arrests in the State of Nevada. The petition must be accompanied:

    (a) By a certificate of a physician , psychiatrist or licensed psychologist stating that he has examined the person alleged to be mentally ill and has concluded that [as a result of mental illness] the person is a mentally ill person and, because of that illness is likely to harm himself or others [;] if allowed his liberty; or

    (b) By a sworn written statement by the petitioner that:

         (1) The petitioner has, based upon his personal observation of the person alleged to be mentally ill, probable cause to believe that the person is a mentally ill person and, because of that illness is likely to harm himself or others [;] if allowed his liberty; and

         (2) The person alleged to be mentally ill has refused to submit to examination or treatment by a physician, psychiatrist or licensed psychologist.

    2.  If the person to be treated is a minor and the petitioner is a person other than a parent or guardian of the minor, the petition must, in addition to the certificate or statement required by subsection 1, include a statement signed by a parent or guardian of the minor that the parent or guardian does not object to the filing of the petition.

    Sec. 5.  NRS 433A.210 is hereby amended to read as follows:

    433A.210  [A] In addition to the requirements of NRS 433A.200, a petition filed pursuant to that section with the clerk of the district court to commence proceedings for involuntary court-ordered admission of a person pursuant to NRS 433A.145 or 433A.150 must include [:

    1.  A] a certified copy of [the] :

    1.  The application for the emergency admission of the person made pursuant to NRS 433A.160 [with respect to the person detained;] ; and

    2.  A petition executed by a psychiatrist, licensed psychologist or physician [certifying that he] , including, without limitation, a sworn statement that:

    (a) He has examined the person alleged to be mentally ill [and has concluded that as a result of mental illness the person is likely to harm himself or others; and

    3.  If the person to be treated is a minor and the petitioner is a person other than a parent or guardian of the minor, a statement signed by a parent or guardian of the minor that the parent or guardian does not object to the filing of the petition.] ;

    (b) In his opinion, there is a reasonable degree of certainty that the person alleged to be mentally ill suffers from a mental illness;

    (c) Based on his personal observation of the person alleged to be mentally ill and other facts set forth in the petition, the person poses a risk of imminent harm to himself or others; and


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ê2001 Statutes of Nevada, Page 3045 (Chapter 590, AB 550)ê

 

    (d) In his opinion, involuntary admission of the person alleged to be mentally ill to a mental health facility or hospital is medically necessary to prevent the person from harming himself or others.

    Sec. 6.  NRS 433A.220 is hereby amended to read as follows:

    433A.220  1.  Immediately after he receives any petition filed pursuant to NRS 433A.200 or 433A.210, the clerk of the district court shall transmit the petition to the appropriate district judge, who shall set a time, date and place for its hearing. The date must be [:

    (a) Within 14 calendar days after the date on which the petition is received by the clerk;

    (b) If at the time the petition is received by the clerk the subject of the petition was admitted to a hospital or public or private mental health facility pursuant to NRS 433A.160, within 5 judicial days after the date on which the petition is received by the clerk; or

    (c) If the district attorney filed a petition for the emergency admission of the subject of the petition,] within 5 judicial days after the date on which the petition is received by the clerk.

    2.  The court shall give notice of the petition and of the time, date and place of any proceedings thereon to the subject of the petition, his attorney, if known, the petitioner, the district attorney of the county in which the court has its principal office, the local office of an agency or organization that receives money from the Federal Government pursuant to 42 U.S.C. §§ 10801 et seq., to protect and advocate the rights of mentally ill persons [with mental illnesses] and the administrative office of any public or private mental health facility in which the subject of the petition is detained.

    3.  The provisions of this section do not preclude a facility from discharging a person before the time set pursuant to this section for the hearing concerning the person, if appropriate.

    Sec. 7.  NRS 433A.240 is hereby amended to read as follows:

    433A.240  1.  After the filing of a petition to commence proceedings for the involuntary court-ordered admission of a person pursuant to NRS 433A.200or 433A.210, the court shall promptly cause two or more physicians or licensed psychologists, one of whom must always be a physician, to examine the person alleged to be mentally ill, or request an evaluation by an evaluation team from the division of the person alleged to be mentally ill.

    2.  To conduct the examination of a person who is not being detained at a mental health facility or hospital under emergency admission pursuant to an application made pursuant to NRS [433A.150,] 433A.160, the court may order a peace officer to take the person into protective custody and transport him to a mental health facility or hospital where he may be detained until a hearing is had upon the petition.

    3.  [Unless] If the person is [admitted] not being detained under an emergency admission pursuant to an application made pursuant to NRS [433A.150,] 433A.160, he may be allowed to remain in his home or other place of residence pending an ordered examination or examinations and to return to his home or other place of residence upon completion of the examination or examinations. The person may be accompanied by one or more of his relations or friends to the place of examination.

    4.  Except as otherwise provided in this subsection, each physician and licensed psychologist who examines a person pursuant to subsection 1 shall, not later than 48 hours before the hearing set pursuant to NRS 433A.220, submit to the court in writing a summary of his findings and evaluation regarding the person alleged to be mentally ill.


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submit to the court in writing a summary of his findings and evaluation regarding the person alleged to be mentally ill. If the person alleged to be mentally ill is admitted under an emergency admission pursuant to an application made pursuant to NRS [433A.150,] 433A.160, the written findings and evaluation must be submitted to the court not later than 24 hours before the hearing set pursuant to [paragraph (b) of] subsection 1 of NRS 433A.220.

    Sec. 8.  NRS 433A.270 is hereby amended to read as follows:

    433A.270  1.  The allegedly mentally ill person or any relative or friend on his behalf is entitled to retain counsel to represent him in any proceeding before the district court relating to involuntary court-ordered admission, and if he fails or refuses to obtain counsel, the court shall advise him and his guardian or next of kin, if known, of such right to counsel and shall appoint counsel, who may be the public defender or his deputy.

    2.  Any counsel appointed pursuant to subsection 1 [shall] must be awarded compensation by the court for his services in an amount determined by it to be fair and reasonable. The compensation [shall] must be charged against the estate of the person for whom the counsel was appointed [,] or , if the person is indigent, [the compensation shall be charged] against the county where the allegedly mentally ill person last resided.

    3.  The court shall, at the request of [any counsel,] counsel representing the allegedly mentally ill person in proceedings before the court relating to involuntary court-ordered admission, grant a recess in the proceedings for the shortest time possible, but for not more than 5 days , to give the counsel an opportunity to prepare his case.

    4.  Each district attorney or his deputy shall appear and represent the state in all involuntary court-ordered admission proceedings in his county. The district attorney is responsible for the presentation of evidence, if any, in support of the involuntary court-ordered admission of a person to a mental health facility in proceedings held pursuant to NRS 433A.200 or 433A.210.

    Sec. 9.  NRS 433A.310 is hereby amended to read as follows:

    433A.310  1.  If the district court finds, after proceedings for the involuntary court-ordered admission of a person to a public or private mental health facility:

    (a) That there is not clear and convincing evidence that the person with respect to whom the hearing was held is a mentally ill person or exhibits observable behavior such that he is likely to harm himself or others if allowed [to remain at] his liberty, the court shall enter its finding to that effect and the person must not be involuntarily detained in such a facility.

    (b) That there is clear and convincing evidence that the person with respect to whom the hearing was held is a mentally ill person and, because of that illness, is likely to harm himself or others if allowed [to remain at] his liberty, the court may order the involuntary admission of the person for the most appropriate course of treatment. The order of the court must be interlocutory and must not become final if, within 30 days after the involuntary admission, the person is unconditionally released pursuant to NRS 433A.390.

    2.  An involuntary admission pursuant to paragraph (b) of subsection 1 automatically expires at the end of 6 months if not terminated previously by the medical director of the public or private mental health facility as provided for in subsection 2 of NRS 433A.390. At the end of the court-ordered period of treatment, the division or any [nondivision] mental health facility that is not operated by the division may petition to renew the detention of the person for additional periods not to exceed 6 months each.


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ê2001 Statutes of Nevada, Page 3047 (Chapter 590, AB 550)ê

 

facility that is not operated by the division may petition to renew the detention of the person for additional periods not to exceed 6 months each. For each renewal, the petition must set forth to the court specific reasons why further treatment would be in the person’s own best interests.

    3.  Before issuing an order for involuntary admission or a renewal thereof, the court shall explore other alternative courses of treatment within the least restrictive appropriate environment as suggested by the evaluation team who evaluated the person, or other persons professionally qualified in the field of psychiatric mental health, which the court believes may be in the best interests of the person.

    Sec. 10.  NRS 433A.370 is hereby amended to read as follows:

    433A.370  1.  When a client committed by a court to a division facility on or before June 30, 1975, or a client who is judicially admitted on or after July 1, 1975, or a person who is involuntarily detained pursuant to NRS [433A.150] 433A.145 to 433A.300, inclusive, escapes from any division facility, or when a judicially admitted client has not returned to a division facility from conditional release after the administrative officer of the facility has ordered him to do so, any peace officer shall, upon written request of the administrative officer or his designee and without the necessity of a warrant or court order, apprehend, take into custody and deliver the person to such division facility or another state facility.

    2.  Any person appointed or designated by the director of the department to take into custody and transport to a division facility persons who have escaped or failed to return as described in subsection 1 may participate in the apprehension and delivery of any such person, but may not take the person into custody without a warrant.

    Sec. 11.  NRS 449.710 is hereby amended to read as follows:

    449.710  Every patient of a medical facility, facility for the dependent or home for individual residential care has the right to:

    1.  Receive information concerning any other medical or educational facility or facility for the dependent associated with the facility at which he is a patient which relates to his care.

    2.  Obtain information concerning the professional qualifications or associations of the persons who are treating him.

    3.  Receive the name of the person responsible for coordinating his care in the facility or home.

    4.  Be advised if the facility in which he is a patient proposes to perform experiments on patients which affect his own care or treatment.

    5.  Receive from his physician a complete and current description of his diagnosis, plan for treatment and prognosis in terms which he is able to understand. If it is not medically advisable to give this information to the patient, the physician shall:

    (a) Provide the information to an appropriate person responsible for the patient; and

    (b) Inform that person that he shall not disclose the information to the patient.

    6.  Receive from his physician the information necessary for him to give his informed consent to a procedure or treatment. Except in an emergency, this information must not be limited to a specific procedure or treatment and must include:

    (a) A description of the significant medical risks involved;


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ê2001 Statutes of Nevada, Page 3048 (Chapter 590, AB 550)ê

 

    (b) Any information on alternatives to the treatment or procedure if he requests that information;

    (c) The name of the person responsible for the procedure or treatment; and

    (d) The costs likely to be incurred for the treatment or procedure and any alternative treatment or procedure.

    7.  Examine the bill for his care and receive an explanation of the bill, whether or not he is personally responsible for payment of the bill.

    8.  Know the regulations of the facility or home concerning his conduct at the facility or home.

    9.  Receive, within reasonable restrictions as to time and place, visitors of his choosing, including, without limitation, friends and members of his family.

    Sec. 12.  The amendatory provisions of this act do not apply to actions taken before October 1, 2001.

    Sec. 13.  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. 14.  1.  This section and sections 1 and 3 to 13, inclusive, of this act become effective on October 1, 2001.

    2.  Section 2 of this act becomes effective at 12:01 a.m. on October 1, 2001.

________

 

CHAPTER 591, SB 556

Senate Bill No. 556–Committee on Government Affairs

 

CHAPTER 591

 

AN ACT relating to local government; prohibiting reprisal or retaliatory action against an officer or employee of a local government who discloses improper governmental action; requiring a local government to establish procedures for hearing appeals relating to a reprisal or retaliatory action; and providing other matters properly relating thereto.

 

[Approved: June 14, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 281 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  A local government may enact by ordinance procedures that provide greater protection to local governmental officers and employees against reprisal and retaliation for the disclosure of improper governmental action than the protection provided in NRS 281.611 to 281.671, inclusive.

    Sec. 3.  1.  A local government shall, by ordinance, establish procedures for hearing an appeal from a local governmental officer or employee who:

    (a) Disclosed information concerning improper governmental action; and

    (b) Believes that as a result of that disclosure, a reprisal or retaliatory action has been taken against him,to determine whether a reprisal or retaliatory action has been taken against the local governmental officer or employee.


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ê2001 Statutes of Nevada, Page 3049 (Chapter 591, SB 556)ê

 

to determine whether a reprisal or retaliatory action has been taken against the local governmental officer or employee. The procedures must allow a local governmental officer or employee to file an appeal not later than 2 years after the information is disclosed and require the local government officer or employee who desires to file an appeal to file the appeal within 60 days after the alleged reprisal or retaliatory action was taken against him.

    2.  An ordinance adopted pursuant to subsection 1 must:

    (a) Prescribe the required contents of an appeal;

    (b) Provide for the designation or appointment of hearing officers to hear such appeals; and

    (c) Provide that if a hearing officer determines that the action taken was a reprisal or retaliatory action, he may issue an order directing the proper person to desist and refrain from engaging in such action.

    Sec. 4.  NRS 281.611 is hereby amended to read as follows:

    281.611  As used in NRS 281.611 to 281.671, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires:

    1.  “Improper governmental action” means any action taken by a state officer or employee or local governmental officer or employee in the performance of his official duties, whether or not the action is within the scope of his employment, which is:

    (a) In violation of any state law or regulation;

    (b) If the officer or employee is a local governmental officer or employee, in violation of an ordinance of the local government;

    (c) An abuse of authority;

    [(c)] (d) Of substantial and specific danger to the public health or safety; or

    [(d)] (e) A gross waste of public money.

    2.  “Local government” means a county in this state, an incorporated city in this state and Carson City.

    3.  “Local governmental employee” means any person who performs public duties under the direction and control of a local governmental officer for compensation paid by or through a local government.

    4.  “Local governmental officer” means a person elected or appointed to a position with a local government that involves the exercise of a local governmental power, trust or duty, including:

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

    (b) The expenditure of money of a local government; and

    (c) The enforcement of laws and regulations of the state or a local government.

    5.  “Reprisal or retaliatory action” includes:

    (a) The denial of adequate personnel to perform duties;

    (b) Frequent replacement of members of the staff;

    (c) Frequent and undesirable changes in the location of an office;

    (d) The refusal to assign meaningful work;

    (e) The issuance of letters of reprimand or evaluations of poor performance;

    (f) A demotion;

    (g) A reduction in pay;

    (h) The denial of a promotion;


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ê2001 Statutes of Nevada, Page 3050 (Chapter 591, SB 556)ê

 

    (i) A suspension;

    (j) A dismissal;

    (k) A transfer;

    (l) Frequent changes in working hours or workdays; or

    (m) If the employee is licensed or certified by an occupational licensing board, the filing with that board, by or on behalf of the employer, of a complaint concerning the employee,

if such action is taken, in whole or in part, because the state officer or employee or local governmental officer or employee disclosed information concerning improper governmental action.

    6.  “State employee” means any person who performs public duties under the direction and control of a state officer for compensation paid by or through the state.

    [3.] 7.  “State officer” means a person elected or appointed to a position with the state which involves the exercise of a state power, trust or duty, including:

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

    (b) The expenditure of state money; and

    (c) The enforcement of laws and regulations of the state.

    Sec. 5.  NRS 281.621 is hereby amended to read as follows:

    281.621  It is hereby declared to be the public policy of this state that a state officer or employee [is] and a local governmental officer or employee are encouraged to disclose, to the extent not expressly prohibited by law, improper governmental action, and it is the intent of the legislature to protect the rights of a state officer or employee and a local governmental officer or employee who makes such a disclosure.

    Sec. 6.  NRS 281.631 is hereby amended to read as follows:

    281.631  1.  A state officer or employee and a local governmental officer or employee 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 state officer or employee or another local governmental officer or employee, as applicable, in an effort to interfere with or prevent the disclosure of information concerning improper governmental action.

    2.  For the purposes of this section, use of “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. 7.  NRS 281.641 is hereby amended to read as follows:

    281.641  1.  If any reprisal or retaliatory action is taken against a state officer or employee who discloses information concerning improper governmental action within 2 years after the information is disclosed, the state officer or employee may file a written appeal with a hearing officer of the department of personnel for a 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 under which the disclosure of improper governmental action was made; and


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ê2001 Statutes of Nevada, Page 3051 (Chapter 591, SB 556)ê

 

    (b) The reprisal or retaliatory action that is alleged to have been taken against the state officer or employee.

The hearing must be conducted in accordance with the procedures set forth in NRS 284.390 to 284.405, inclusive, and the procedures adopted by the personnel commission pursuant to subsection 4.

    2.  If the hearing officer determines that the action taken was a reprisal or retaliatory action, he may issue an order directing the proper person to desist and refrain from engaging in such action. The hearing officer shall file a copy of his decision with the governor or any other elected state officer who is responsible for the actions of that person.

    3.  The hearing officer may not rule against the state officer or employee based on the person or persons to whom the improper governmental action was disclosed.

    4.  The personnel commission may adopt rules of procedure for conducting a hearing pursuant to this section that are not inconsistent with the procedures set forth in NRS 284.390 to 284.405, inclusive.

    [5.  For the purposes of this section, “reprisal or retaliatory action” includes:

    (a) The denial of adequate personnel to perform duties;

    (b) Frequent replacement of members of the staff;

    (c) Frequent and undesirable changes in the location of an office;

    (d) The refusal to assign meaningful work;

    (e) The issuance of letters of reprimand or evaluations of poor performance;

    (f) A demotion;

    (g) A reduction in pay;

    (h) The denial of a promotion;

    (i) A suspension;

    (j) A dismissal;

    (k) A transfer;

    (l) Frequent changes in working hours or workdays; or

    (m) If the employee is licensed or certified by an occupational licensing board, the filing with that board, by or on behalf of the employer, of a complaint concerning the employee,

if such action is taken, in whole or in part, because the state officer or employee disclosed information concerning improper governmental action.]

    Sec. 8.  NRS 281.651 is hereby amended to read as follows:

    281.651  1.  [No] A state officer or employee [may] or a local governmental officer or employee shall not use the provisions of NRS 281.611 to 281.671, inclusive, and sections 2 and 3 of this act, to harass another state officer or employee [.] or another local governmental officer or employee, as applicable.

    2.  The provisions of NRS 281.611 to 281.671, inclusive, and sections 2 and 3 of this act, do not prohibit a state officer or employee or a local governmental officer or employee from initiating proper disciplinary procedures against another state officer or employee or another local governmental officer or employee, as applicable, who discloses untruthful information concerning improper governmental action.

    Sec. 9.  NRS 281.661 is hereby amended to read as follows:

    281.661  Each year, [the]

    1.  The director of the department of personnel shall make available to each state officer and employee ; and


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ê2001 Statutes of Nevada, Page 3052 (Chapter 591, SB 556)ê

 

    2.  The administrative head of a local government shall make available to each local governmental officer or employee,

a written summary of NRS 281.611 to 281.671, inclusive [.] , and sections 2 and 3 of this act.

    Sec. 10.  NRS 281.671 is hereby amended to read as follows:

    281.671  NRS 281.611 to 281.661, inclusive, and sections 2 and 3 of this act, are intended to be directory and preventive rather than punitive, and do not abrogate or decrease the effect of any of the provisions of NRS which define crimes or prescribe punishments with respect to the conduct of state officers or employees [.] or local governmental officers or employees.

    Sec. 11.  NRS 218.5343 is hereby amended to read as follows:

    218.5343  1.  An employee of a state agency who testifies before a house or committee of the legislature on his own behalf and not on behalf of his employer shall, before commencing his testimony, state that fact clearly on the record.

    2.  It is unlawful for a state agency which is the employer of an employee who complies with subsection 1 and testifies or seeks to testify before a house or committee of the legislature on his own behalf to:

    (a) Deprive the employee of his employment or to take any reprisal or retaliatory action against the employee as a consequence of his testimony or potential testimony;

    (b) Threaten the employee that his testimony or potential testimony will result in the termination of his employment or in any reprisal or retaliatory action against him; or

    (c) Directly or indirectly intimidate, threaten, coerce, command or influence or attempt to intimidate, threaten, coerce, command or influence the employee in an effort to interfere with or prevent the testimony of the employee.

    3.  It is unlawful for a state agency to:

    (a) Deprive or threaten to deprive an employee of his employment;

    (b) Take or threaten to take any reprisal or retaliatory action against the employee; or

    (c) Directly or indirectly intimidate, threaten, coerce, command or influence or attempt to intimidate, threaten, coerce, command or influence the employee,

in an attempt to affect the behavior of another employee who is testifying or seeks to testify before a house or committee of the legislature on his own behalf.

    4.  The provisions of this section do not apply to an employee in the classified service who has not completed his probationary period.

    5.  For the purposes of this section:

    (a) “Reprisal or retaliatory action” has the meaning ascribed to it in [subsection 5 of NRS 281.641.] NRS 281.611.

    (b) “State agency” means an agency, bureau, board, commission, department, division, officer, employee or agent or any other unit of the executive department of the state government.

________

 


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ê2001 Statutes of Nevada, Page 3053ê

 

CHAPTER 592, AB 453

Assembly Bill No. 453–Assemblywoman Giunchigliani

 

CHAPTER 592

 

AN ACT relating to controlled substances; exempting the medical use of marijuana from state prosecution in certain circumstances; revising the penalties for possessing marijuana; and providing other matters properly relating thereto.

 

[Approved: June 14, 2001]

 

    Whereas, Modern medical research, including the report Marijuana and Medicine: Assessing the Science Base that was released by the Institute of Medicine in 1999, indicates that there is a potential therapeutic value of using marijuana for alleviating pain and other symptoms associated with certain chronic or debilitating medical conditions, including, without limitation, cancer, glaucoma, acquired immunodeficiency syndrome, epilepsy and multiple sclerosis; and

    Whereas, The State of Nevada has a high incidence of such medical conditions and also has a large and increasing population of senior citizens who may suffer from medical conditions for which the use of marijuana may be useful in managing the pain that results from those conditions; and

    Whereas, The people of the State of Nevada recognized the importance of this research and the need to provide the option for those suffering from certain medical conditions to alleviate their pain with the medical use of marijuana, and in the general elections held in 1998 and 2000, voiced their overwhelming support for a constitutional amendment to allow for the medical use of marijuana in this state under certain circumstances; and

    Whereas, While the legislature respects the important and difficult decisions the Federal Government faces in exercising the powers delegated to it by the United States Constitution to establish policies and rules that are in the best interest of this nation, the State of Nevada as a sovereign state has the duty to carry out the will of the people of this state and to regulate the health, medical practices and well-being of those people in a manner that respects their personal decisions concerning the relief of suffering through the medical use of marijuana; and

    Whereas, This state should continue to study the benefits of the medical use of marijuana to develop new ways in which the medical use of marijuana may improve the lives of residents of this state who are suffering from chronic or debilitating conditions, and to include in such a study an examination of all established and approved federal protocols; and

    Whereas, Many residents of this state have suffered the negative consequences of abuse of and addiction to marijuana, and it is important for the legislature to ensure that the program established for the distribution and medical use of marijuana is designed in such a manner as not to harm the residents of this state by contributing to the general abuse of and addiction to marijuana; and

    Whereas, A majority of the men and women in our penal institutions have been convicted of offenses that involve the unlawful use of drugs, many involving marijuana, and there is a need for revising our statutes concerning persons who unlawfully possess smaller quantities of marijuana based on the premise that the rehabilitation of such users is a more appropriate and economical way to prevent recidivism and to address the problems that result from the abuse of marijuana; and


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ê2001 Statutes of Nevada, Page 3054 (Chapter 592, AB 453)ê

 

    Whereas, The legislature is strongly committed to evaluating the medical use of marijuana and recognizes the importance of its obligation to review the program for the distribution and medical use of marijuana and any related study conducted by the University of Nevada School of Medicine, to determine whether the program and study are effectively addressing the best interests of the people of the State of Nevada; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Title 40 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 33, inclusive, of this act.

    Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 16, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 3.  “Administer” has the meaning ascribed to it in NRS 453.021.

    Sec. 4.  “Attending physician” means a physician who:

    1.  Is licensed to practice medicine pursuant to the provisions of chapter 630 of NRS; and

    2.  Has primary responsibility for the care and treatment of a person diagnosed with a chronic or debilitating medical condition.

    Sec. 5.  “Cachexia” means general physical wasting and malnutrition associated with chronic disease.

    Sec. 6.  “Chronic or debilitating medical condition” means:

    1.  Acquired immune deficiency syndrome;

    2.  Cancer;

    3.  Glaucoma;

    4.  A medical condition or treatment for a medical condition that produces, for a specific patient, one or more of the following:

    (a) Cachexia;

    (b) Persistent muscle spasms, including, without limitation, spasms caused by multiple sclerosis;

    (c) Seizures, including, without limitation, seizures caused by epilepsy;

    (d) Severe nausea; or

    (e) Severe pain; or

    5.  Any other medical condition or treatment for a medical condition that is:

    (a) Classified as a chronic or debilitating medical condition by regulation of the division; or

    (b) Approved as a chronic or debilitating medical condition pursuant to a petition submitted in accordance with section 30 of this act.

    Sec. 7.  “Deliver” or “delivery” has the meaning ascribed to it in NRS 453.051.

    Sec. 8.  “Department” means the state department of agriculture.

    Sec. 9.  1.  “Designated primary caregiver” means a person who:

    (a) Is 18 years of age or older;

    (b) Has significant responsibility for managing the well-being of a person diagnosed with a chronic or debilitating medical condition; and

    (c) Is designated as such in the manner required pursuant to section 23 of this act.


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ê2001 Statutes of Nevada, Page 3055 (Chapter 592, AB 453)ê

 

    2.  The term does not include the attending physician of a person diagnosed with a chronic or debilitating medical condition.

    Sec. 10.  “Division” means the health division of the department of human resources.

    Sec. 11.  “Drug paraphernalia” has the meaning ascribed to it in NRS 453.554.

    Sec. 12.  “Marijuana” has the meaning ascribed to it in NRS 453.096.

    Sec. 13.  “Medical use of marijuana” means:

    1.  The possession, delivery, production or use of marijuana;

    2.  The possession, delivery or use of paraphernalia used to administer marijuana; or

    3.  Any combination of the acts described in subsections 1 and 2,

as necessary for the exclusive benefit of a person to mitigate the symptoms or effects of his chronic or debilitating medical condition.

    Sec. 13.5.  “Production” has the meaning ascribed to it in NRS 453.131.

    Sec. 14.  “Registry identification card” means a document issued by the department or its designee that identifies:

    1.  A person who is exempt from state prosecution for engaging in the medical use of marijuana; or

    2.  The designated primary caregiver, if any, of a person described in subsection 1.

    Sec. 14.5.  “State prosecution” means prosecution initiated or maintained by the State of Nevada or an agency or political subdivision of the State of Nevada.

    Sec. 15.  1.  “Usable marijuana” means the dried leaves and flowers of a plant of the genus Cannabis, and any mixture or preparation thereof, that are appropriate for the medical use of marijuana.

    2.  The term does not include the seeds, stalks and roots of the plant.

    Sec. 16.  “Written documentation” means:

    1.  A statement signed by the attending physician of a person diagnosed with a chronic or debilitating medical condition; or

    2.  Copies of the relevant medical records of a person diagnosed with a chronic or debilitating medical condition.

    Sec. 17.  1.  Except as otherwise provided in this section and section 24 of this act, a person who holds a valid registry identification card issued to him pursuant to section 20 or 23 of this act is exempt from state prosecution for:

    (a) Possession, delivery or production of marijuana;

    (b) Possession or delivery of drug paraphernalia;

    (c) Aiding and abetting another in the possession, delivery or production of marijuana;

    (d) Aiding and abetting another in the possession or delivery of drug paraphernalia;

    (e) Any combination of the acts described in paragraphs (a) to (d), inclusive; and

    (f) Any other criminal offense in which the possession, delivery or production of marijuana or the possession or delivery of drug paraphernalia is an element.

    2.  In addition to the provisions of subsection 1, no person may be subject to state prosecution for constructive possession, conspiracy or any other criminal offense solely for being in the presence or vicinity of the medical use of marijuana in accordance with the provisions of this chapter.


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ê2001 Statutes of Nevada, Page 3056 (Chapter 592, AB 453)ê

 

medical use of marijuana in accordance with the provisions of this chapter.

    3.  The exemption from state prosecution set forth in subsection 1 applies only to the extent that a person who holds a registry identification card issued to him pursuant to paragraph (a) of subsection 1 of section 20 of this act, and the designated primary caregiver, if any, of such a person:

    (a) Engage in or assist in, as applicable, the medical use of marijuana in accordance with the provisions of this chapter as justified to mitigate the symptoms or effects of the person’s chronic or debilitating medical condition; and

    (b) Do not, at any one time, collectively possess, deliver or produce more than:

         (1) One ounce of usable marijuana;

         (2) Three mature marijuana plants; and

         (3) Four immature marijuana plants.

    4.  If the persons described in subsection 3 possess, deliver or produce marijuana in an amount which exceeds the amount described in paragraph (b) of that subsection, those persons:

    (a) Are not exempt from state prosecution for possession, delivery or production of marijuana.

    (b) May establish an affirmative defense to charges of possession, delivery or production of marijuana, or any combination of those acts, in the manner set forth in section 25 of this act.

    Sec. 18.  (Deleted by amendment.)

    Sec. 19.  1.  The department shall establish and maintain a program for the issuance of registry identification cards to persons who meet the requirements of this section.

    2.  Except as otherwise provided in subsections 3 and 5, the department or its designee shall issue a registry identification card to a person who submits an application on a form prescribed by the department accompanied by the following:

    (a) Valid, written documentation from the person’s attending physician stating that:

         (1) The person has been diagnosed with a chronic or debilitating medical condition;

         (2) The medical use of marijuana may mitigate the symptoms or effects of that condition; and

         (3) The attending physician has explained the possible risks and benefits of the medical use of marijuana;

    (b) The name, address, telephone number, social security number and date of birth of the person;

    (c) The name, address and telephone number of the person’s attending physician; and

    (d) If the person elects to designate a primary caregiver at the time of application:

         (1) The name, address, telephone number and social security number of the designated primary caregiver; and

         (2) A written, signed statement from his attending physician in which the attending physician approves of the designation of the primary caregiver.

    3.  The department or its designee shall issue a registry identification card to a person who is under 18 years of age if:


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ê2001 Statutes of Nevada, Page 3057 (Chapter 592, AB 453)ê

 

    (a) The person submits the materials required pursuant to subsection 2; and

    (b) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age signs a written statement setting forth that:

         (1) The attending physician of the person under 18 years of age has explained to that person and to the custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age the possible risks and benefits of the medical use of marijuana;

         (2) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age consents to the use of marijuana by the person under 18 years of age for medical purposes;

         (3) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age agrees to serve as the designated primary caregiver for the person under 18 years of age; and

         (4) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age agrees to control the acquisition of marijuana and the dosage and frequency of use by the person under 18 years of age.

    4.  The form prescribed by the department to be used by a person applying for a registry identification card pursuant to this section must be a form that is in quintuplicate. Upon receipt of an application that is completed and submitted pursuant to this section, the department shall:

    (a) Record on the application the date on which it was received;

    (b) Retain one copy of the application for the records of the department; and

    (c) Distribute the other four copies of the application in the following manner:

         (1) One copy to the person who submitted the application;

         (2) One copy to the applicant’s designated primary caregiver, if any;

         (3) One copy to the central repository for Nevada records of criminal history; and

         (4) One copy to the board of medical examiners.

The central repository for Nevada records of criminal history shall report to the department its findings as to the criminal history, if any, of an applicant within 15 days after receiving a copy of an application pursuant to subparagraph (3) of paragraph (c). The board of medical examiners shall report to the department its findings as to the licensure and standing of the applicant’s attending physician within 15 days after receiving a copy of an application pursuant to subparagraph (4) of paragraph (c).

    5.  The department shall verify the information contained in an application submitted pursuant to this section and shall approve or deny an application within 30 days after receiving the application. The department may contact an applicant, his attending physician and designated primary caregiver, if any, by telephone to determine that the information provided on or accompanying the application is accurate. The department may deny an application only on the following grounds:

    (a) The applicant failed to provide the information required pursuant to subsections 2 and 3 to:


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         (1) Establish his chronic or debilitating medical condition; or

         (2) Document his consultation with an attending physician regarding the medical use of marijuana in connection with that condition;

    (b) The applicant failed to comply with regulations adopted by the department, including, without limitation, the regulations adopted by the director pursuant to section 32 of this act;

    (c) The department determines that the information provided by the applicant was falsified;

    (d) The department determines that the attending physician of the applicant is not licensed to practice medicine in this state or is not in good standing, as reported by the board of medical examiners;

    (e) The department determines that the applicant, or his designated primary caregiver, if applicable, has been convicted of knowingly or intentionally selling a controlled substance;

    (f) The department has prohibited the applicant from obtaining or using a registry identification card pursuant to subsection 2 of section 24 of this act; or

    (g) In the case of a person under 18 years of age, the custodial parent or legal guardian with responsibility for health care decisions for the person has not signed the written statement required pursuant to paragraph (b) of subsection 3.

    6.  The decision of the department to deny an application for a registry identification card is a final decision for the purposes of judicial review. Only the person whose application has been denied or, in the case of a person under 18 years of age whose application has been denied, the person’s parent or legal guardian, has standing to contest the determination of the department. A judicial review authorized pursuant to this subsection must be limited to a determination of whether the denial was arbitrary, capricious or otherwise characterized by an abuse of discretion and must be conducted in accordance with the procedures set forth in chapter 233B of NRS for reviewing a final decision of an agency.

    7.  A person whose application has been denied may not reapply for 6 months after the date of the denial, unless the department or a court of competent jurisdiction authorizes reapplication in a shorter time.

    8.  Except as otherwise provided in this subsection, if a person has applied for a registry identification card pursuant to this section and the department has not yet approved or denied the application, the person, and his designated primary caregiver, if any, shall be deemed to hold a registry identification card upon the presentation to a law enforcement officer of the copy of the application provided to him pursuant to subsection 4. A person may not be deemed to hold a registry identification card for a period of more than 30 days after the date on which the department received the application.

    Sec. 20.  1.  If the department approves an application pursuant to subsection 5 of section 19 of this act, the department or its designee shall, as soon as practicable after the department approves the application:

    (a) Issue a serially numbered registry identification card to the applicant; and

    (b) If the applicant has designated a primary caregiver, issue a serially numbered registry identification card to the designated primary caregiver.

    2.  A registry identification card issued pursuant to paragraph (a) of subsection 1 must set forth:


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    (a) The name, address, photograph and date of birth of the applicant;

    (b) The date of issuance and date of expiration of the registry identification card;

    (c) The name and address of the applicant’s designated primary caregiver, if any; and

    (d) Any other information prescribed by regulation of the department.

    3.  A registry identification card issued pursuant to paragraph (b) of subsection 1 must set forth:

    (a) The name, address and photograph of the designated primary caregiver;

    (b) The date of issuance and date of expiration of the registry identification card;

    (c) The name and address of the applicant for whom the person is the designated primary caregiver; and

    (d) Any other information prescribed by regulation of the department.

    4.  A registry identification card issued pursuant to this section is valid for a period of 1 year and may be renewed in accordance with regulations adopted by the department.

    Sec. 21.  1.  A person to whom the department or its designee has issued a registry identification card pursuant to paragraph (a) of subsection 1 of section 20 of this act shall, in accordance with regulations adopted by the department:

    (a) Notify the department of any change in his name, address, telephone number, attending physician or designated primary caregiver, if any; and

    (b) Submit annually to the department:

         (1) Updated written documentation from his attending physician in which the attending physician sets forth that:

             (I) The person continues to suffer from a chronic or debilitating medical condition;

             (II) The medical use of marijuana may mitigate the symptoms or effects of that condition; and

             (III) He has explained to the person the possible risks and benefits of the medical use of marijuana; and

         (2) If he elects to designate a primary caregiver for the subsequent year and the primary caregiver so designated was not the person’s designated primary caregiver during the previous year:

             (I) The name, address, telephone number and social security number of the designated primary caregiver; and

             (II) A written, signed statement from his attending physician in which the attending physician approves of the designation of the primary caregiver.

    2.  A person to whom the department or its designee has issued a registry identification card pursuant to paragraph (b) of subsection 1 of section 20 of this act or pursuant to section 23 of this act shall, in accordance with regulations adopted by the department, notify the department of any change in his name, address, telephone number or the identity of the person for whom he acts as designated primary caregiver.

    3.  If a person fails to comply with the provisions of subsection 1 or 2, the registry identification card issued to him shall be deemed expired. If the registry identification card of a person to whom the department or its designee issued the card pursuant to paragraph (a) of subsection 1 of section 20 of this act is deemed expired pursuant to this subsection, a registry identification card issued to the person’s designated primary caregiver, if any, shall also be deemed expired.


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registry identification card issued to the person’s designated primary caregiver, if any, shall also be deemed expired. Upon the deemed expiration of a registry identification card pursuant to this subsection:

    (a) The department shall send, by certified mail, return receipt requested, notice to the person whose registry identification card has been deemed expired, advising the person of the requirements of paragraph (b); and

    (b) The person shall return his registry identification card to the department within 7 days after receiving the notice sent pursuant to paragraph (a).

    Sec. 22.  If a person to whom the department or its designee has issued a registry identification card pursuant to paragraph (a) of subsection 1 of section 20 of this act is diagnosed by his attending physician as no longer having a chronic or debilitating medical condition, the person and his designated primary caregiver, if any, shall return their registry identification cards to the department within 7 days after notification of the diagnosis.

    Sec. 23.  1.  If a person who applies to the department for a registry identification card or to whom the department or its designee has issued a registry identification card pursuant to paragraph (a) of subsection 1 of section 20 of this act desires to designate a primary caregiver, the person must:

    (a) To designate a primary caregiver at the time of application, submit to the department the information required pursuant to paragraph (d) of subsection 2 of section 19 of this act; or

    (b) To designate a primary caregiver after the department or its designee has issued a registry identification card to him, submit to the department the information required pursuant to subparagraph (2) of paragraph (b) of subsection 1 of section 21 of this act.

    2.  A person may have only one designated primary caregiver at any one time.

    3.  If a person designates a primary caregiver after the time that he initially applies for a registry identification card, the department or its designee shall, except as otherwise provided in subsection 5 of section 19 of this act, issue a registry identification card to the designated primary caregiver as soon as practicable after receiving the information submitted pursuant to paragraph (b) of subsection 1.

    Sec. 24.  1.  A person who holds a registry identification card issued to him pursuant to section 20 or 23 of this act is not exempt from state prosecution for, nor may he establish an affirmative defense to charges arising from, any of the following acts:

    (a) Driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of marijuana.

    (b) Engaging in any other conduct prohibited by NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 493.130.

    (c) Possessing a firearm in violation of paragraph (b) of subsection 1 of NRS 202.257.

    (d) Possessing marijuana in violation of NRS 453.336 or possessing drug paraphernalia in violation of NRS 453.560 or 453.566, if the possession of the marijuana or drug paraphernalia is discovered because the person engaged or assisted in the medical use of marijuana in:


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ê2001 Statutes of Nevada, Page 3061 (Chapter 592, AB 453)ê

 

         (1) Any public place or in any place open to the public or exposed to public view; or

         (2) Any local detention facility, county jail, state prison, reformatory or other correctional facility, including, without limitation, any facility for the detention of juvenile offenders.

    (e) Delivering marijuana to another person who he knows does not lawfully hold a registry identification card issued by the department or its designee pursuant to section 20 or 23 of this act.

    (f) Delivering marijuana for consideration to any person, regardless of whether the recipient lawfully holds a registry identification card issued by the department or its designee pursuant to section 20 or 23 of this act.

    2.  In addition to any other penalty provided by law, if the department determines that a person has willfully violated a provision of this chapter or any regulation adopted by the department or division to carry out the provisions of this chapter, the department may, at its own discretion, prohibit the person from obtaining or using a registry identification card for a period of up to 6 months.

    Sec. 25.  1.  Except as otherwise provided in this section and section 24 of this act, it is an affirmative defense to a criminal charge of possession, delivery or production of marijuana, or any other criminal offense in which possession, delivery or production of marijuana is an element, that the person charged with the offense:

    (a) Is a person who:

         (1) Has been diagnosed with a chronic or debilitating medical condition within the 12-month period preceding his arrest and has been advised by his attending physician that the medical use of marijuana may mitigate the symptoms or effects of that chronic or debilitating medical condition;

         (2) Is engaged in the medical use of marijuana; and

         (3) Possesses, delivers or produces marijuana only in the amount described in paragraph (b) of subsection 3 of section 17 of this act or in excess of that amount if the person proves by a preponderance of the evidence that the greater amount is medically necessary as determined by the person’s attending physician to mitigate the symptoms or effects of the person’s chronic or debilitating medical condition; or

    (b) Is a person who:

         (1) Is assisting a person described in paragraph (a) in the medical use of marijuana; and

         (2) Possesses, delivers or produces marijuana only in the amount described in paragraph (b) of subsection 3 of section 17 of this act or in excess of that amount if the person proves by a preponderance of the evidence that the greater amount is medically necessary as determined by the assisted person’s attending physician to mitigate the symptoms or effects of the assisted person’s chronic or debilitating medical condition.

    2.  A person need not hold a registry identification card issued to him by the department or its designee pursuant to section 20 or 23 of this act to assert an affirmative defense described in this section.

    3.  Except as otherwise provided in this section and in addition to the affirmative defense described in subsection 1, a person engaged or assisting in the medical use of marijuana who is charged with a crime pertaining to the medical use of marijuana is not precluded from:

    (a) Asserting a defense of medical necessity; or


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ê2001 Statutes of Nevada, Page 3062 (Chapter 592, AB 453)ê

 

    (b) Presenting evidence supporting the necessity of marijuana for treatment of a specific disease or medical condition,

if the amount of marijuana at issue is not greater than the amount described in paragraph (b) of subsection 3 of section 17 of this act and the person has taken steps to comply substantially with the provisions of this chapter.

    4.  A defendant who intends to offer an affirmative defense described in this section shall, not less than 5 days before trial or at such other time as the court directs, file and serve upon the prosecuting attorney a written notice of his intent to claim the affirmative defense. The written notice must:

    (a) State specifically why the defendant believes he is entitled to assert the affirmative defense; and

    (b) Set forth the factual basis for the affirmative defense.

A defendant who fails to provide notice of his intent to claim an affirmative defense as required pursuant to this subsection may not assert the affirmative defense at trial unless the court, for good cause shown, orders otherwise.

    Sec. 26.  1.  The fact that a person possesses a registry identification card issued to him by the department or its designee pursuant to section 20 or 23 of this act does not, alone:

    (a) Constitute probable cause to search the person or his property; or

    (b) Subject the person or his property to inspection by any governmental agency.

    2.  Except as otherwise provided in this subsection, if officers of a state or local law enforcement agency seize marijuana, drug paraphernalia or other related property from a person engaged or assisting in the medical use of marijuana:

    (a) The law enforcement agency shall ensure that the marijuana, drug paraphernalia or other related property is not destroyed while in the possession of the law enforcement agency.

    (b) Any property interest of the person from whom the marijuana, drug paraphernalia or other related property was seized must not be forfeited pursuant to any provision of law providing for the forfeiture of property, except as part of a sentence imposed after conviction of a criminal offense.

    (c) Upon a determination by the district attorney of the county in which the marijuana, drug paraphernalia or other related property was seized, or his designee, that the person from whom the marijuana, drug paraphernalia or other related property was seized is engaging in or assisting in the medical use of marijuana in accordance with the provisions of this chapter, the law enforcement agency shall immediately return to that person any usable marijuana, marijuana plants, drug paraphernalia or other related property that was seized.

The provisions of this subsection do not require a law enforcement agency to care for live marijuana plants.

    3.  For the purposes of paragraph (c) of subsection 2, the determination of a district attorney or his designee that a person is engaging in or assisting in the medical use of marijuana in accordance with the provisions of this chapter shall be deemed to be evidenced by:

    (a) A decision not to prosecute;

    (b) The dismissal of charges; or

    (c) Acquittal.


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    Sec. 27.  The board of medical examiners shall not take any disciplinary action against an attending physician on the basis that the attending physician:

    1.  Advised a person whom the attending physician has diagnosed as having a chronic or debilitating medical condition, or a person whom the attending physician knows has been so diagnosed by another physician licensed to practice medicine pursuant to the provisions of chapter 630 of NRS:

    (a) About the possible risks and benefits of the medical use of marijuana; or

    (b) That the medical use of marijuana may mitigate the symptoms or effects of the person’s chronic or debilitating medical condition,

if the advice is based on the attending physician’s personal assessment of the person’s medical history and current medical condition.

    2.  Provided the written documentation required pursuant to paragraph (a) of subsection 2 of section 19 of this act for the issuance of a registry identification card or pursuant to subparagraph (1) of paragraph (b) of subsection 1 of section 21 of this act for the renewal of a registry identification card, if:

    (a) Such documentation is based on the attending physician’s personal assessment of the person’s medical history and current medical condition; and

    (b) The physician has advised the person about the possible risks and benefits of the medical use of marijuana.

    Sec. 28.  A professional licensing board shall not take any disciplinary action against a person licensed by the board on the basis that:

    1.  The person engages in or has engaged in the medical use of marijuana in accordance with the provisions of this chapter; or

    2.  The person acts as or has acted as the designated primary caregiver of a person who holds a registry identification card issued to him pursuant to paragraph (a) of subsection 1 of section 20 of this act.

    Sec. 29.  1.  Except as otherwise provided in this section and subsection 4 of section 19 of this act, the department and any designee of the department shall maintain the confidentiality of and shall not disclose:

    (a) The contents of any applications, records or other written documentation that the department or its designee creates or receives pursuant to the provisions of this chapter; or

    (b) The name or any other identifying information of:

         (1) An attending physician; or

         (2) A person who has applied for or to whom the department or its designee has issued a registry identification card.

The items of information described in this subsection are confidential, not subject to subpoena or discovery and not subject to inspection by the general public.

    2.  Notwithstanding the provisions of subsection 1, the department or its designee may release the name and other identifying information of a person to whom the department or its designee has issued a registry identification card to:

    (a) Authorized employees of the department or its designee as necessary to perform official duties of the department; and


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    (b) Authorized employees of state and local law enforcement agencies, only as necessary to verify that a person is the lawful holder of a registry identification card issued to him pursuant to section 20 or 23 of this act.

    Sec. 30.  1.  A person may submit to the division a petition requesting that a particular disease or condition be included among the diseases and conditions that qualify as chronic or debilitating medical conditions pursuant to section 6 of this act.

    2.  The division shall adopt regulations setting forth the manner in which the division will accept and evaluate petitions submitted pursuant to this section. The regulations must provide, without limitation, that:

    (a) The division will approve or deny a petition within 180 days after the division receives the petition;

    (b) If the division approves a petition, the division will, as soon as practicable thereafter, transmit to the department information concerning the disease or condition that the division has approved; and

    (c) The decision of the division to deny a petition is a final decision for the purposes of judicial review.

    Sec. 30.1.  1.  The University of Nevada School of Medicine shall establish a program for the evaluation and research of the medical use of marijuana in the care and treatment of persons who have been diagnosed with a chronic or debilitating medical condition.

    2.  Before the School of Medicine establishes a program pursuant to subsection 1, the School of Medicine shall aggressively seek and must receive approval of the program by the Federal Government pursuant to 21 U.S.C. § 823 or other applicable provisions of federal law, to allow the creation of a federally approved research program for the use and distribution of marijuana for medical purposes.

    3.  A research program established pursuant to this section must include residents of this state who volunteer to act as participants and subjects, as determined by the School of Medicine.

    4.  A resident of this state who wishes to serve as a participant and subject in a research program established pursuant to this section may notify the School of Medicine and may apply to participate by submitting an application on a form prescribed by the department of administration of the School of Medicine.

    5.  The School of Medicine shall, on a quarterly basis, report to the interim finance committee with respect to:

    (a) The progress made by the School of Medicine in obtaining federal approval for the research program; and

    (b) If the research program receives federal approval, the status of, activities of and information received from the research program.

    Sec. 30.2.  1.  Except as otherwise provided in this section, the University of Nevada School of Medicine shall maintain the confidentiality of and shall not disclose:

    (a) The contents of any applications, records or other written materials that the School of Medicine creates or receives pursuant to the research program described in section 30.1 of this act; or

    (b) The name or any other identifying information of a person who has applied to or who participates in the research program described in section 30.1 of this act.The items of information described in this subsection are confidential, not subject to subpoena or discovery and not subject to inspection by the general public.


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ê2001 Statutes of Nevada, Page 3065 (Chapter 592, AB 453)ê

 

The items of information described in this subsection are confidential, not subject to subpoena or discovery and not subject to inspection by the general public.

    2.  Notwithstanding the provisions of subsection 1, the School of Medicine may release the name and other identifying information of a person who has applied to or who participates in the research program described in section 30.1 to:

    (a) Authorized employees of the State of Nevada as necessary to perform official duties related to the research program; and

    (b) Authorized employees of state and local law enforcement agencies, only as necessary to verify that a person is a lawful participant in the research program.

    Sec. 30.3.  1.  The department of administration of the University of Nevada School of Medicine may apply for or accept any gifts, grants, donations or contributions from any source to carry out the provisions of section 30.1 of this act.

    2.  Any money the department of administration receives pursuant to subsection 1 must be deposited in the state treasury pursuant to section 30.4 of this act.

    Sec. 30.4.  1.  Any money the department of administration of the University of Nevada School of Medicine receives pursuant to section 30.3 of this act or that is appropriated to carry out the provisions of section 30.1 of this act:

    (a) Must be deposited in the state treasury and accounted for separately in the state general fund;

    (b) May only be used to carry out the provisions of section 30.1 of this act, including the dissemination of information concerning the provisions of that section and such other information as is determined appropriate by the department of administration; and

    (c) Does not revert to the state general fund at the end of any fiscal year.

    2.  The department of administration of the School of Medicine shall administer the account. Any interest or income earned on the money in the account must be credited to the account. Any claims against the account must be paid as other claims against the state are paid.

    Sec. 30.5The department shall vigorously pursue the approval of the Federal Government to establish:

    1.  A bank or repository of seeds that may be used to grow marijuana by persons who use marijuana in accordance with the provisions of sections 2 to 33, inclusive, of this act.

    2.  A program pursuant to which the department may produce and deliver marijuana to persons who use marijuana in accordance with the provisions of sections 2 to 33, inclusive, of this act.

    Sec. 31.  The provisions of this chapter do not:

    1.  Require an insurer, organization for managed care or any person or entity who provides coverage for a medical or health care service to pay for or reimburse a person for costs associated with the medical use of marijuana.

    2.  Require any employer to accommodate the medical use of marijuana in the workplace.

    Sec. 31.3.  1.  The director of the department may apply for or accept any gifts, grants, donations or contributions from any source to carry out the provisions of this chapter.


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    2.  Any money the director receives pursuant to subsection 1 must be deposited in the state treasury pursuant to section 31.7 of this act.

    Sec. 31.7.  1.  Any money the director of the department receives pursuant to section 31.3 of this act or that is appropriated to carry out the provisions of this chapter:

    (a) Must be deposited in the state treasury and accounted for separately in the state general fund;

    (b) May only be used to carry out the provisions of this chapter, including the dissemination of information concerning the provisions of sections 2 to 33, inclusive, of this act and such other information as determined appropriate by the director; and

    (c) Does not revert to the state general fund at the end of any fiscal year.

    2.  The director of the department shall administer the account. Any interest or income earned on the money in the account must be credited to the account. Any claims against the account must be paid as other claims against the state are paid.

    Sec. 32.  The director of the department shall adopt such regulations as the director determines are necessary to carry out the provisions of this chapter. The regulations must set forth, without limitation:

    1.  Procedures pursuant to which the state department of agriculture will, in cooperation with the department of motor vehicles and public safety, cause a registry identification card to be prepared and issued to a qualified person as a type of identification card described in NRS 483.810 to 483.890, inclusive. The procedures described in this subsection must provide that the state department of agriculture will:

    (a) Issue a registry identification card to a qualified person after the card has been prepared by the department of motor vehicles and public safety; or

    (b) Designate the department of motor vehicles and public safety to issue a registry identification card to a person if:

         (1) The person presents to the department of motor vehicles and public safety valid documentation issued by the state department of agriculture indicating that the state department of agriculture has approved the issuance of a registry identification card to the person; and

         (2) The department of motor vehicles and public safety, before issuing the registry identification card, confirms by telephone or other reliable means that the state department of agriculture has approved the issuance of a registry identification card to the person.

    2.  Criteria for determining whether a marijuana plant is a mature marijuana plant or an immature marijuana plant.

    Sec. 33.  The state must not be held responsible for any deleterious outcomes from the medical use of marijuana by any person.

    Sec. 34.  Chapter 453 of NRS is hereby amended by adding thereto the provisions set forth as sections 35 and 36 of this act.

    Sec. 35.  The provisions of this chapter do not apply to the extent that they are inconsistent with the provisions of sections 2 to 33, inclusive, of this act.

    Sec. 36.  1.  A local authority may enact an ordinance adopting the penalties set forth for misdemeanors in NRS 453.336 for similar offenses under a local ordinance. The ordinance must set forth the manner in which money collected from fines imposed by a court for a violation of the ordinance must be disbursed in accordance with subsection 2.


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    2.  Money collected from fines imposed by a court for a violation of an ordinance enacted pursuant to subsection 1 must be evenly allocated among:

    (a) Nonprofit programs for the treatment of abuse of alcohol or drugs that are certified by the bureau of alcohol and drug abuse in the department;

    (b) A program of treatment and rehabilitation established by a court pursuant to NRS 453.580, if any; and

    (c) Local law enforcement agencies,

in a manner determined by the court.

    3.  As used in this section, “local authority” means the governing board of a county, city or other political subdivision having authority to enact ordinances.

    Sec. 37.  NRS 453.336 is hereby amended to read as follows:

    453.336  1.  A person shall not knowingly or intentionally possess a controlled substance, unless the substance was obtained directly from, or pursuant to, a prescription or order of a physician, osteopathic physician’s assistant, physician assistant, dentist, podiatric physician, optometrist, advanced practitioner of nursing or veterinarian while acting in the course of his professional practice, or except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive [.] , and sections 35 and 36 of this act.

    2.  Except as otherwise provided in subsections 3 [, 4 and 5] and 4 and in NRS 453.3363, and unless a greater penalty is provided in NRS 212.160, 453.3385, 453.339 or 453.3395, a person who violates this section shall be punished:

    (a) For the first or second offense, if the controlled substance is listed in schedule I, II, III or IV, for a category E felony as provided in NRS 193.130.

    (b) For a third or subsequent offense, if the controlled substance is listed in schedule I, II, III or IV, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.

    (c) For the first offense, if the controlled substance is listed in schedule V, for a category E felony as provided in NRS 193.130.

    (d) For a second or subsequent offense, if the controlled substance is listed in schedule V, for a category D felony as provided in NRS 193.130.

    3.  Unless a greater penalty is provided in NRS 212.160, 453.337 or 453.3385, a person who is convicted of the possession of flunitrazepam or gamma-hydroxybutyrate, or any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor, 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 1 year and a maximum term of not more than 6 years.

    4.  [Unless a greater penalty is provided in NRS 212.160, a person who is less than 21 years of age and is convicted of the possession of less than 1 ounce of marijuana:

    (a) For the first and second offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.

    (b) For a third or subsequent offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.


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    5.  Before sentencing under the provisions of subsection 4 for a first offense, the court shall require the parole and probation officer to submit a presentencing report on the person convicted in accordance with the provisions of NRS 176A.200. After the report is received but before sentence is pronounced the court shall:

    (a) Interview the person convicted and make a determination as to the possibility of his rehabilitation; and

    (b) Conduct a hearing at which evidence may be presented as to the possibility of rehabilitation and any other relevant information.

    6.]  Unless a greater penalty is provided pursuant to NRS 212.160, a person who is convicted of the possession of 1 ounce or less of marijuana:

    (a) For the first offense, is guilty of a misdemeanor and shall be:

         (1) Punished by a fine of not more than $600; or

         (2) Examined by an approved facility for the treatment of abuse of drugs to determine whether he is a drug addict and is likely to be rehabilitated through treatment and, if the examination reveals that he is a drug addict and is likely to be rehabilitated through treatment, assigned to a program of treatment and rehabilitation pursuant to NRS 453.580.

    (b) For the second offense, is guilty of a misdemeanor and shall be:

         (1) Punished by a fine of not more than $1,000; or

         (2) Assigned to a program of treatment and rehabilitation pursuant to NRS 453.580.

    (c) For the third offense, is guilty of a gross misdemeanor and shall be punished as provided in NRS 193.140.

    (d) For a fourth or subsequent offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.

    5.  As used in this section, “controlled substance” includes flunitrazepam, gamma-hydroxybutyrate and each substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor.

    Sec. 38.  NRS 453.3363 is hereby amended to read as follows:

    453.3363  1.  If a person who has not previously been convicted of any offense pursuant to NRS 453.011 to 453.552, inclusive, and sections 2 to 12, inclusive, of Senate Bill No. 397 of this [act] session or pursuant to any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant or hallucinogenic substances tenders a plea of guilty, guilty but mentally ill, nolo contendere or similar plea to a charge pursuant to subsection 2 or 3 of NRS 453.336, NRS 453.411 or 454.351, or is found guilty of one of those charges, the court, without entering a judgment of conviction and with the consent of the accused, may suspend further proceedings and place him on probation upon terms and conditions that must include attendance and successful completion of an educational program or, in the case of a person dependent upon drugs, of a program of treatment and rehabilitation pursuant to NRS 453.580.

    2.  Upon violation of a term or condition, the court may enter a judgment of conviction and proceed as provided in the section pursuant to which the accused was charged. Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, upon violation of a term or condition, the court may order the person to the custody of the department of prisons.

    3.  Upon fulfillment of the terms and conditions, the court shall discharge the accused and dismiss the proceedings against him. A nonpublic record of the dismissal must be transmitted to and retained by the division of parole and probation of the department of motor vehicles and public safety solely for the use of the courts in determining whether, in later proceedings, the person qualifies under this section.


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for the use of the courts in determining whether, in later proceedings, the person qualifies under this section.

    4.  Except as otherwise provided in subsection 5, discharge and dismissal under this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the person discharged, in the contemplation of the law, to the status occupied before the arrest, indictment or information. He may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, indictment, information or trial in response to an inquiry made of him for any purpose. Discharge and dismissal under this section may occur only once with respect to any person.

    5.  A professional licensing board may consider a proceeding under this section in determining suitability for a license or liability to discipline for misconduct. Such a board is entitled for those purposes to a truthful answer from the applicant or licensee concerning any such proceeding with respect to him.

    Sec. 39.  NRS 453.401 is hereby amended to read as follows:

    453.401  1.  Except as otherwise provided in subsections 3 and 4, if two or more persons conspire to commit an offense which is a felony under the Uniform Controlled Substances Act or conspire to defraud the State of Nevada or an agency of the state in connection with its enforcement of the Uniform Controlled Substances Act, and one of the conspirators does an act in furtherance of the conspiracy, each conspirator:

    (a) For a first offense, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

    (b) For a second offense, or if, in the case of a first conviction of violating this subsection, the conspirator has previously been convicted of a felony under the Uniform Controlled Substances Act or of an offense under the laws of the United States or of any state, territory or district which if committed in this state, would amount to a felony under the Uniform Controlled Substances Act, 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 10 years, and may be further punished by a fine of not more than $10,000.

    (c) For a third or subsequent offense, or if the conspirator has previously been convicted two or more times of a felony under the Uniform Controlled Substances Act or of an offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a felony under the Uniform Controlled Substances Act, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $20,000 for each offense.

    2.  Except as otherwise provided in subsection 3, if two or more persons conspire to commit an offense in violation of the Uniform Controlled Substances Act and the offense does not constitute a felony, and one of the conspirators does an act in furtherance of the conspiracy, each conspirator shall be punished by imprisonment, or by imprisonment and fine, for not more than the maximum punishment provided for the offense which they conspired to commit.


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more than the maximum punishment provided for the offense which they conspired to commit.

    3.  If two or more persons conspire to possess more than 1 ounce of marijuana unlawfully, except for the purpose of sale, and one of the conspirators does an act in furtherance of the conspiracy, each conspirator is guilty of a gross misdemeanor.

    4.  If the conspiracy subjects the conspirators to criminal liability under NRS 207.400, the persons so conspiring shall be punished in the manner provided in NRS 207.400.

    5.  The court shall not grant probation to or suspend the sentence of a person convicted of violating this section and punishable pursuant to paragraph (b) or (c) of subsection 1.

    Sec. 40.  NRS 453.580 is hereby amended to read as follows:

    453.580  1.  A court may establish an appropriate treatment program to which it may assign a person pursuant to subsection 4 of NRS 453.336, NRS 453.3363 or 458.300 or it may assign such a person to an appropriate facility for the treatment of abuse of alcohol or drugs which is certified by the health division of the department of human resources. The assignment must include the terms and conditions for successful completion of the program and provide for progress reports at intervals set by the court to ensure that the person is making satisfactory progress towards completion of the program.

    2.  A program to which a court assigns a person pursuant to subsection 1 must include:

    (a) Information and encouragement for the participant to cease abusing alcohol or using controlled substances through educational, counseling and support sessions developed with the cooperation of various community, health, substance abuse, religious, social service and youth organizations;

    (b) The opportunity for the participant to understand the medical, psychological and social implications of substance abuse; and

    (c) Alternate courses within the program based on the different substances abused and the addictions of participants.

    3.  If the offense with which the person was charged involved the use or possession of a controlled substance, in addition to the program or as a part of the program the court must also require frequent urinalysis to determine that the person is not using a controlled substance. The court shall specify how frequent such examinations must be and how many must be successfully completed, independently of other requisites for successful completion of the program.

    4.  Before the court assigns a person to a program pursuant to this section, the person must agree to pay the cost of the program to which he is assigned and the cost of any additional supervision required pursuant to subsection 3, to the extent of his financial resources. If the person does not have the financial resources to pay all of the related costs, the court shall, to the extent practicable, arrange for the person to be assigned to a program at a facility that receives a sufficient amount of federal or state funding to offset the remainder of the costs.

    Sec. 41.  NRS 455B.080 is hereby amended to read as follows:

    455B.080  1.  A passenger shall not embark on an amusement ride while intoxicated or under the influence of a controlled substance, unless in accordance with [a] :

    (a) A prescription lawfully issued to the person [.] ; or

    (b) The provisions of sections 2 to 33, inclusive, of this act.


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    2.  An authorized agent or employee of an operator may prohibit a passenger from boarding an amusement ride if he reasonably believes that the passenger is under the influence of alcohol, prescription drugs or a controlled substance. An agent or employee of an operator is not civilly or criminally liable for prohibiting a passenger from boarding an amusement ride pursuant to this subsection.

    Sec. 42.  NRS 52.395 is hereby amended to read as follows:

    52.395  Except as otherwise provided in section 26 of this act:

    1.  When any substance alleged to be a controlled substance, dangerous drug or immediate precursor is seized from a defendant by a peace officer, the law enforcement agency of which the officer is a member may, with the prior approval of the prosecuting attorney, petition the district court in the county in which the defendant is charged to secure permission to destroy a part of the substance.

    2.  Upon receipt of a petition filed pursuant to subsection 1, the district court shall order the substance to be accurately weighed and the weight thereof accurately recorded. The prosecuting attorney or his representative and the defendant or his representative must be allowed to inspect and weigh the substance.

    3.  If after completion of the weighing process the defendant does not knowingly and voluntarily stipulate to the weight of the substance, the district court shall hold a hearing to make a judicial determination of the weight of the substance. The defendant, his attorney and any other witness the defendant may designate may be present and testify at the hearing.

    4.  After a determination has been made as to the weight of the substance, the district court may order all of the substance destroyed except that amount which is reasonably necessary to enable each interested party to analyze the substance to determine the composition of the substance. The district court shall order the remaining sample to be sealed and maintained for analysis before trial.

    5.  If the substance is finally determined not to be a controlled substance, dangerous drug or immediate precursor, unless the substance was destroyed pursuant to subsection 7, the owner may file a claim against the county to recover the reasonable value of the property destroyed pursuant to this section.

    6.  The district court’s finding as to the weight of a substance destroyed pursuant to this section is admissible in any subsequent proceeding arising out of the same transaction.

    7.  If at the time that a peace officer seizes from a defendant a substance believed to be a controlled substance, dangerous drug or immediate precursor, the peace officer discovers any material or substance that he reasonably believes is hazardous waste, the peace officer may appropriately dispose of the material or substance without securing the permission of a court.

    8.  As used in this section:

    (a) “Dangerous drug” has the meaning ascribed to it in NRS 454.201.

    (b) “Hazardous waste” has the meaning ascribed to it in NRS 459.430.

    (c) “Immediate precursor” has the meaning ascribed to it in NRS 453.086.

    Sec. 43.  (Deleted by amendment.)


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    Sec. 44.  NRS 159.061 is hereby amended to read as follows:

    159.061  1.  The parents of a minor, or either parent, if qualified and suitable, are preferred over all others for appointment as guardian for the minor. In determining whether the parents of a minor, or either parent, is qualified and suitable, the court shall consider, without limitation:

    (a) Which parent has physical custody of the minor;

    (b) The ability of the parents or parent to provide for the basic needs of the child, including, without limitation, food, shelter, clothing and medical care;

    (c) Whether the parents or parent has engaged in the habitual use of alcohol or any controlled substance during the previous 6 months [;] , except the use of marijuana in accordance with the provisions of sections 2 to 33, inclusive, of this act; and

    (d) Whether the parents or parent has been convicted of a crime of moral turpitude, a crime involving domestic violence or a crime involving the exploitation of a child.

    2.  Subject to the preference set forth in subsection 1, the court shall appoint as guardian for an incompetent, a person of limited capacity or minor the qualified person who is most suitable and is willing to serve.

    3.  In determining who is most suitable, the court shall give consideration, among other factors, to:

    (a) Any request for the appointment as guardian for an incompetent contained in a written instrument executed by the incompetent while competent.

    (b) Any nomination of a guardian for an incompetent, minor or person of limited capacity contained in a will or other written instrument executed by a parent or spouse of the proposed ward.

    (c) Any request for the appointment as guardian for a minor 14 years of age or older made by the minor.

    (d) The relationship by blood or marriage of the proposed guardian to the proposed ward.

    (e) Any recommendation made by a special master pursuant to NRS 159.0615.

    Sec. 45.  NRS 213.123 is hereby amended to read as follows:

    213.123  1.  Upon the granting of parole to a prisoner, the board may, when the circumstances warrant, require as a condition of parole that the parolee submit to periodic tests to determine whether the parolee is using any controlled substance. Any such use , except the use of marijuana in accordance with the provisions of sections 2 to 33, inclusive, of this act, or any failure or refusal to submit to a test is a ground for revocation of parole.

    2.  Any expense incurred as a result of any test is a charge against the division.

    Sec. 46.  NRS 616C.230 is hereby amended to read as follows:

    616C.230  1.  Compensation is not payable pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS for an injury:

    (a) Caused by the employee’s willful intention to injure himself.

    (b) Caused by the employee’s willful intention to injure another.

    (c) Proximately caused by the employee’s intoxication. If the employee was intoxicated at the time of his injury, intoxication must be presumed to be a proximate cause unless rebutted by evidence to the contrary.


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    (d) Proximately caused by the employee’s use of a controlled substance. If the employee had any amount of a controlled substance in his system at the time of his injury for which the employee did not have a current and lawful prescription issued in his name [,] or that he was not using in accordance with the provisions of sections 2 to 33, inclusive, of this act, the controlled substance must be presumed to be a proximate cause unless rebutted by evidence to the contrary.

    2.  For the purposes of paragraphs (c) and (d) of subsection 1:

    (a) The affidavit or declaration of an expert or other person described in NRS 50.315 is admissible to prove the existence of any alcohol or the existence, quantity or identity of a controlled substance in an employee’s system. If the affidavit or declaration is to be so used, it must be submitted in the manner prescribed in NRS 616C.355.

    (b) When an examination requested or ordered includes testing for the use of alcohol or a controlled substance, the laboratory that conducts the testing must be licensed pursuant to the provisions of chapter 652 of NRS.

    3.  No compensation is payable for the death, disability or treatment of an employee if his death is caused by, or insofar as his disability is aggravated, caused or continued by, an unreasonable refusal or neglect to submit to or to follow any competent and reasonable surgical treatment or medical aid.

    4.  If any employee persists in an unsanitary or injurious practice that imperils or retards his recovery, or refuses to submit to such medical or surgical treatment as is necessary to promote his recovery, his compensation may be reduced or suspended.

    5.  An injured employee’s compensation, other than accident benefits, must be suspended if:

    (a) A physician or chiropractor determines that the employee is unable to undergo treatment, testing or examination for the industrial injury solely because of a condition or injury that did not arise out of and in the course of his employment; and

    (b) It is within the ability of the employee to correct the nonindustrial condition or injury.

The compensation must be suspended until the injured employee is able to resume treatment, testing or examination for the industrial injury. The insurer may elect to pay for the treatment of the nonindustrial condition or injury.

    Sec. 47.  NRS 630.3066 is hereby amended to read as follows:

    630.3066  A physician is not subject to disciplinary action solely for [prescribing] :

    1.  Prescribing or administering to a patient under his care a controlled substance which is listed in schedule II, III, IV or V by the state board of pharmacy pursuant to NRS 453.146, if the controlled substance is lawfully prescribed or administered for the treatment of intractable pain in accordance with regulations adopted by the board.

    2.  Engaging in any activity in accordance with the provisions of sections 2 to 33, inclusive, of this act.

    Sec. 48.  (Deleted by amendment.)

    Sec. 48.5.  1.  The 72nd session of the Nevada legislature shall review statistics provided by the legislative counsel bureau with respect to:

    (a) Whether persons exempt from state prosecution pursuant to section 17 of this act have been subject to federal prosecution for carrying out the activities concerning which they are exempt from state prosecution pursuant to that section;


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    (b) The number of persons who participate in the medical use of marijuana in accordance with the provisions of sections 2 to 33, inclusive, of this act; and

    (c) The number of persons who are arrested and convicted for drug related offenses within the State of Nevada, to enable appropriations for budgets to be established at levels to provide adequate and appropriate drug treatment within this state.

    2.  If, after conducting the review described in subsection 1, the 72nd session of the Nevada legislature determines that the medical use of marijuana in accordance with the provisions of sections 2 to 33, inclusive, of this act is not in the best interests of the residents of this state, the legislature shall revise those provisions as it deems appropriate.

    Sec. 49.  The amendatory provisions of this act do not apply to offenses committed before October 1, 2001.

    Sec. 50.  1.  This section becomes effective upon passage and approval.

    2.  Sections 6, 20, 21, 30 and 32 of this act become effective upon passage and approval for the purpose of adopting regulations and on October 1, 2001, for all other purposes.

    3.  Sections 1 to 5, inclusive, 7 to 19, inclusive, 22 to 29, inclusive, 30.1 to 30.5, inclusive, 31, 31.3, 31.7, 33 to 36, inclusive, 38 to 47, inclusive, 48.5 and 49 of this act become effective on October 1, 2001.

    4.  Section 37 of this act becomes effective at 12:01 a.m. on October 1, 2001.

________

 


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ê2001 Statutes of Nevada, Page 3075ê

 

CHAPTER 593, AB 466

Assembly Bill No. 466–Assemblymen Leslie, Parks, Parnell, Gibbons, Anderson, Brower, Chowning, Freeman, Giunchigliani, Humke, Smith and Tiffany

 

Joint Sponsor: Senator Mathews

 

CHAPTER 593

 

AN ACT relating to gaming; authorizing the Nevada gaming commission to adopt regulations governing the licensing and operation of interactive gaming if the commission first makes certain determinations; providing that a license to operate interactive gaming may be issued only to resort hotels or certain other establishments holding nonrestricted licenses; providing for certain license fees relating to interactive gaming; providing that gross revenue received from interactive gaming is subject to taxation in the same manner as gross revenue received from other games; exempting the operation of interactive gaming from certain other fees and taxes; revising the computation of interest payable by the commission on the overpayment of certain fees and taxes; prohibiting a person from operating interactive gaming until the commission adopts regulations and unless the person procures and maintains all licenses required pursuant to the regulations; providing for the enforceability of gaming debts incurred pursuant to an interactive gaming system; providing for the licensure and regulation of manufacturers of interactive gaming systems and manufacturers of equipment associated with interactive gaming; revising provisions relating to persons who acquire a certain beneficial ownership in a publicly traded corporation registered with the commission; revising the definitions of “gaming employee” and “manufacturer” for the purposes of the Nevada Gaming Control Act; revising provisions governing applications for restricted licenses; providing for the issuance of statewide work permits for gaming employees; establishing a maximum fee for the issuance of such work permits; revising various provisions governing the listing, investigation and disqualification of personnel of a labor organization for gaming employees; prohibiting certain fraudulent acts concerning gaming; providing penalties; and providing other matters properly relating thereto.

 

[Approved: June 14, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.

    Sec. 2.  1.  “Interactive gaming” means the conduct of gambling games through the use of communications technology that allows a person, utilizing money, checks, electronic checks, electronic transfers of money, credit cards, debit cards or any other instrumentality, to transmit to a computer information to assist in the placing of a bet or wager and corresponding information related to the display of the game, game outcomes or other similar information. The term does not include the operation of a race book or sports pool that uses communications technology approved by the board pursuant to regulations adopted by the commission to accept wagers originating within this state for races or sporting events.

    2.  As used in this section, “communications technology” means any method used and the components employed by an establishment to facilitate the transmission of information, including, without limitation, transmission and reception by systems based on wire, cable, radio, microwave, light, optics or computer data networks, including, without limitation, the Internet and intranets.


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microwave, light, optics or computer data networks, including, without limitation, the Internet and intranets.

    Sec. 3.  1.  Except as otherwise provided in subsections 2 and 3, the commission may, with the advice and assistance of the board, adopt regulations governing the licensing and operation of interactive gaming.

    2.  The commission may not adopt regulations governing the licensing and operation of interactive gaming until the commission first determines that:

    (a) Interactive gaming can be operated in compliance with all applicable laws;

    (b) Interactive gaming systems are secure and reliable, and provide reasonable assurance that players will be of lawful age and communicating only from jurisdictions where it is lawful to make such communications; and

    (c) Such regulations are consistent with the public policy of the state to foster the stability and success of gaming.

    3.  The regulations adopted by the commission pursuant to this section must:

    (a) Establish the investigation fees for:

         (1) A license to operate interactive gaming;

         (2) A license for a manufacturer of interactive gaming systems; and

         (3) A license for a manufacturer of equipment associated with interactive gaming.

    (b) Provide that:

         (1) A person must hold a license for a manufacturer of interactive gaming systems to supply or provide any interactive gaming system, including, without limitation, any piece of proprietary software or hardware; and

         (2) A person may be required by the commission to hold a license for a manufacturer of equipment associated with interactive gaming.

    (c) Set forth standards for the suitability of a person to be licensed as a manufacturer of interactive gaming systems or manufacturer of equipment associated with interactive gaming that are as stringent as the standards for a nonrestricted license.

    (d) Provide that gross revenue received by an establishment from the operation of interactive gaming is subject to the same license fee provisions of NRS 463.370 as the games and gaming devices of the establishment.

    (e) Set forth standards for the location and security of the computer system and for approval of hardware and software used in connection with interactive gaming.

    (f) Define “equipment associated with interactive gaming,” “interactive gaming system,” “manufacturer of equipment associated with interactive gaming,” “manufacturer of interactive gaming systems,” “operate interactive gaming” and “proprietary hardware and software” as the terms are used in this chapter.

    4.  Except as otherwise provided in subsection 5, the commission shall not approve a license for an establishment to operate interactive gaming unless:

    (a) In a county whose population is 400,000 or more, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices.


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    (b) In a county whose population is more than 40,000 but less than 400,000, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices or the establishment:

         (1) Holds a nonrestricted license for the operation of games and gaming devices;

         (2) Has more than 120 rooms available for sleeping accommodations in the same county;

         (3) Has at least one bar with permanent seating capacity for more than 30 patrons that serves alcoholic beverages sold by the drink for consumption on the premises;

         (4) Has at least one restaurant with permanent seating capacity for more than 60 patrons that is open to the public 24 hours each day and 7 days each week; and

         (5) Has a gaming area that is at least 18,000 square feet in area with at least 1,600 slot machines, 40 table games, and a sports book and race pool.

    (c) In all other counties, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices or the establishment:

         (1) Has held a nonrestricted license for the operation of games and gaming devices for at least 5 years before the date of its application for a license to operate interactive gaming;

         (2) Meets the definition of group 1 licensee as set forth in the regulations of the commission on the date of its application for a license to operate interactive gaming; and

         (3) Operates either:

             (I) More than 50 rooms for sleeping accommodations in connection therewith; or

             (II) More than 50 gaming devices in connection therewith.

    5.  The commission may:

    (a) Issue a license to operate interactive gaming to an affiliate of an establishment if:

         (1) The establishment satisfies the applicable requirements set forth in subsection 4; and

         (2) The affiliate is located in the same county as the establishment; and

    (b) Require an affiliate that receives a license pursuant to this subsection to comply with any applicable provision of this chapter.

    6.  It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others, to operate interactive gaming:

    (a) Until the commission adopts regulations pursuant to this section; and

    (b) Unless the person first procures, and thereafter maintains in effect, all appropriate licenses as required by the regulations adopted by the commission pursuant to this section.

    7.  A person who violates subsection 6 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 1 year and a maximum term of not more than 10 years or by a fine of not more than $50,000, or both.


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    Sec. 4.  A debt incurred by a patron for play at an interactive gaming system of an establishment licensed to operate interactive gaming is valid and may be enforced by legal process.

    Sec. 5.  1.  Upon the recommendation of the board, the commission may require:

    (a) A manufacturer of equipment associated with interactive gaming who sells, transfers or offers equipment associated with interactive gaming for use or play in this state to file an application for a license to be a manufacturer of equipment associated with interactive gaming.

    (b) A person who directly or indirectly involves himself in the sale, transfer or offering for use or play in this state of equipment associated with interactive gaming who is not otherwise required to be licensed as a manufacturer or distributor pursuant to this chapter to file an application for a license to be a manufacturer of equipment associated with interactive gaming.

    2.  If a person fails to submit an application for a license to be a manufacturer of equipment associated with interactive gaming within 30 days after a demand by the commission pursuant to this section, the commission may pursue any remedy or combination of remedies provided in this chapter.

    Sec. 6.  1.  Before issuing an initial license for an establishment to operate interactive gaming, the commission shall charge and collect from the establishment a license fee of $500,000.

    2.  Each initial license for an establishment to operate interactive gaming must be issued for a 2-year period beginning on January 1 of the first year and ending on December 31 of the second year.

    3.  Notwithstanding the provisions of subsections 1 and 2 to the contrary, a license for an establishment to operate interactive gaming may be issued after January 1 of a calendar year for a period beginning on the date of issuance of the license and ending on the second December 31 following the date of issuance of the license. Before issuing an initial license pursuant to this subsection, the commission shall charge and collect from the establishment a license fee of $500,000 prorated by 1/24 for each full month between January 1 of the calendar year and the date of issuance of the license.

    4.  Before renewing a license issued pursuant to this section, but in no case later than the second December 31 after the license was issued or previously renewed, the commission shall charge and collect a renewal fee of $250,000 for the renewal of the license for the immediately following 1-year period.

    Sec. 7.  The operation of interactive gaming is exempt from the fees and taxes imposed pursuant to NRS 463.375, 463.380, 463.383 and 463.385.

    Sec. 8.  1.  Before issuing a license for a manufacturer of interactive gaming systems or manufacturer of equipment associated with interactive gaming, the commission shall charge and collect a license fee of:

    (a) One hundred and twenty-five thousand dollars for a license for a manufacturer of interactive gaming systems; or

    (b) Fifty thousand dollars for a license for a manufacturer of equipment associated with interactive gaming.

    2.  Each license issued pursuant to this section must be issued for a 1-year period that begins on the date the license is issued.


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ê2001 Statutes of Nevada, Page 3079 (Chapter 593, AB 466)ê

 

    3.  Before renewing a license issued pursuant to this section, but in no case later than 1 year after the license was issued or previously renewed, the commission shall charge and collect a renewal fee for the renewal of the license for the immediately following 1-year period. The renewal fee for a license for a manufacturer of interactive gaming systems or manufacturer of equipment associated with interactive gaming is $25,000.

    Sec. 9.  1.  All gross revenue from operating interactive gaming received by an establishment licensed to operate interactive gaming, regardless of whether any portion of the revenue is shared with another person, must be attributed to the licensee and counted as part of the gross revenue of the licensee for the purpose of computing the license fee required by NRS 463.370.

    2.  A manufacturer of interactive gaming systems who is authorized by an agreement to receive a share of the revenue from an interactive gaming system from an establishment licensed to operate interactive gaming is liable to the establishment for a portion of the license fee paid pursuant to subsection 1. The portion for which the manufacturer of interactive gaming systems is liable is 6.25 percent of the amount of revenue to which the manufacturer of interactive gaming systems is entitled pursuant to the agreement.

    3.  For the purposes of subsection 2, the amount of revenue to which the manufacturer of interactive gaming systems is entitled pursuant to an agreement to share the revenue from an interactive gaming system:

    (a) Includes all revenue of the manufacturer of interactive gaming systems that is his share of the revenue from the interactive gaming system pursuant to the agreement; and

    (b) Does not include revenue that is the fixed purchase price for the sale of a component of the interactive gaming system.

    Sec. 10.  NRS 463.013 is hereby amended to read as follows:

    463.013  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 463.0133 to 463.0197, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.

    Sec. 11.  NRS 463.0157 is hereby amended to read as follows:

    463.0157  1.  “Gaming employee” means any person connected directly with an operator of a slot route, the operator of a pari-mutuel system, the operator of an inter-casino linked system or a manufacturer, distributor or disseminator, or with the operation of a gaming establishment licensed to conduct any game, 16 or more slot machines, a race book, sports pool or pari-mutuel wagering, including:

    (a) Accounting or internal auditing personnel who are directly involved in any recordkeeping or the examination of records associated with revenue from gaming;

    (b) Boxmen;

    (c) Cashiers;

    (d) Change personnel;

    (e) Counting room personnel;

    (f) Dealers;

    (g) Employees of a person required by NRS 464.010 to be licensed to operate an off-track pari-mutuel system;

    (h) Employees of a person required by NRS 463.430 to be licensed to disseminate information concerning racing;


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    (i) Employees of manufacturers or distributors of gaming equipment within this state whose duties are directly involved with the manufacture, repair or distribution of gaming devices , [or] cashless wagering systems [;] , interactive gaming systems or equipment associated with interactive gaming;

    (j) Employees of operators of slot routes who have keys for slot machines or who accept and transport revenue from the slot drop;

    (k) Employees of operators of inter-casino linked systems or interactive gaming systems whose duties include the operational or supervisory control of the systems or the games that are part of the systems;

    (l) Floormen;

    (m) Hosts or other persons empowered to extend credit or complimentary services;

    (n) Keno runners;

    (o) Keno writers;

    (p) Machine mechanics;

    (q) Odds makers and line setters;

    (r) Security personnel;

    (s) Shift or pit bosses;

    (t) Shills;

    (u) Supervisors or managers;

    (v) Ticket writers; and

    (w) Employees of a person required by NRS 463.160 to be licensed to operate an information service.

    2.  “Gaming employee” does not include bartenders, cocktail waitresses or other persons engaged exclusively in preparing or serving food or beverages.

    Sec. 12.  NRS 463.0172 is hereby amended to read as follows:

    463.0172  “Manufacturer” means a person who:

    1.  Manufactures, assembles, programs or makes modifications to a gaming device , [or] cashless wagering system [;] or interactive gaming system; or

    2.  Designs, assumes responsibility for the design of, controls the design or assembly of, or maintains a copyright over the design of , a mechanism, electronic circuit or computer program which cannot be reasonably demonstrated to have any application other than in a gaming device , [or in a] cashless wagering system [,] or interactive gaming system for use or play in this state or for distribution outside of this state.

    Sec. 13.  NRS 463.0197 is hereby amended to read as follows:

    463.0197  “Work permit” means any card, certificate or permit issued by the board or by a county or city licensing authority, whether denominated as a work permit, registration card or otherwise, authorizing the holder to be employed as a gaming employee in this state or to serve as an independent agent. A document issued by any governmental authority for any employment other than gaming is not a valid work permit for the purposes of this chapter.

    Sec. 14.  NRS 463.200 is hereby amended to read as follows:

    463.200  1.  Application for a state gaming license or other commission action [shall] must be made to the board on forms furnished by the board and in accordance with the regulations of the commission.

    2.  The application for a license [shall] must include:

    (a) The name of the proposed licensee.


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    (b) The location of his place or places of business.

    (c) The gambling games, gaming device or slot machines to be operated.

    (d) The names of all persons directly or indirectly interested in the business and the nature of such interest.

    (e) Such other information and details as the board may require in order to discharge its duty properly.

    3.  If the application is for a restricted license on premises not owned by the applicant, the application must include a sworn and notarized statement from the owner or lessor of the premises indicating whether the consideration paid by the applicant for the use of the premises has been or will be increased because of the operation of gaming on the premises.

    4.  The board shall furnish to the applicant supplemental forms, which the applicant shall complete and file with the application. Such supplemental forms [shall] must require, but [shall] must not be limited to, complete information and details with respect to the applicant’s antecedents, habits, character, criminal record, business activities, financial affairs and business associates, covering at least a 10-year period immediately preceding the date of filing of the application.

    Sec. 15.  NRS 463.245 is hereby amended to read as follows:

    463.245  1.  Except as otherwise provided in [subsections 2, 3 and 4] this section:

    (a) All licenses issued to the same person, including a wholly owned subsidiary of that person, for the operation of any game, including a sports pool or race book, which authorize gaming at the same establishment must be merged into a single gaming license.

    (b) A gaming license may not be issued to any person if the issuance would result in more than one licensed operation at a single establishment, whether or not the profits or revenue from gaming are shared between the licensed operations.

    2.  A person who has been issued a nonrestricted gaming license may establish a sports pool or race book on the premises of the establishment at which he conducts a nonrestricted gaming operation only after obtaining permission from the commission.

    3.  A person who has been issued a license to operate a sports pool or race book at an establishment may be issued a license to operate a sports pool or race book at another establishment if the second establishment is operated by a person who has been issued a nonrestricted license.

    4.  Nothing in this section limits or prohibits an operator of an inter-casino linked system from placing and operating such a system on the premises of two or more gaming licensees and receiving, either directly or indirectly, any compensation or any percentage or share of the money or property played from the linked games in accordance with the provisions of this chapter and the regulations adopted by the commission. An inter-casino linked system must not be used to link games other than slot machines, unless such games are located at an establishment that is licensed for games other than slot machines.

    5.  The provisions of this section do not apply to a license to operate interactive gaming.

    Sec. 16.  NRS 463.335 is hereby amended to read as follows:

    463.335  1.  The legislature finds that, to protect and promote the health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada and to carry out the policy declared in NRS 463.0129, it is necessary that the board:


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of Nevada and to carry out the policy declared in NRS 463.0129, it is necessary that the board:

    (a) Ascertain and keep itself informed of the identity, prior activities and present location of all gaming employees and independent agents in the State of Nevada; and

    (b) Maintain confidential records of such information.

    2.  Except as otherwise provided in [subsections 3 and 4,] subsection 3, a person may not be employed as a gaming employee or serve as an independent agent unless he is the holder of [:

    (a) A valid work permit issued in accordance with the applicable ordinances or regulations of the county or city in which his duties are performed and the provisions of this chapter; or

    (b) A valid work permit issued by the board, if a work permit is not required by either the county or the city.] a valid work permit to work as a gaming employee issued pursuant to this section. A work permit to work as a gaming employee may be issued by the board or by a county or city licensing authority. An applicant for a work permit shall file his application for a work permit with the licensing authority of the city in which he resides if that city requires a work permit. If the city in which he resides does not require such a permit, the applicant shall file his application with the licensing authority of the county in which he resides if that county requires a work permit. If the county in which he resides does not require such a permit, the applicant shall file his application with the board. The board shall, by regulation, prescribe the form for an application for a work permit to work as a gaming employee. The fee for such a permit may be charged only to cover the actual investigative and administrative costs related to processing an application for such a permit and must not exceed $75.

    3.  An independent agent is not required to hold a work permit if he is not a resident of this state and has registered with the board in accordance with the provisions of the regulations adopted by the commission.

    4.  [A person may be employed as a gaming employee for an operator of a slot machine route and perform duties for his employer in more than one county or city without obtaining a valid work permit for each county or city in which he performs those duties if the person holds:

    (a) A valid work permit issued in accordance with the applicable ordinances or regulations of the county or city in which his duties are primarily performed and the provisions of this chapter; or

    (b) A valid work permit issued by the board, if a work permit is not required by either the county or the city in which his duties are primarily performed.

    5.  A gaming employee described in subsection 4 shall notify the licensing authority of each city and county in which he performs duties for his employer, other than the licensing authority that issued his valid work permit, that he has obtained a valid work permit pursuant to subsection 4.

    6.] Upon receipt of an application for a work permit to work as a gaming employee, the board or licensing authority shall conduct an investigation of the applicant to determine whether he is eligible for the permit. In conducting the investigation, the board or licensing authority shall forward a complete set of the applicant’s fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for a report concerning the criminal history of the applicant.


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history of the applicant. The investigation need not be limited solely to consideration of the results of the report concerning the criminal history of the applicant.

    5.  A work permit issued to a gaming employee or an independent agent must have clearly imprinted thereon a statement that it is valid for gaming purposes only.

    6.  Unless denied or objected to by the board at the time that the permittee filed a notice of a change in his place of employment pursuant to subsection 8 and unless suspended or revoked, such a permit expires on the fifth anniversary of the permittee’s birthday, measured from the birthday nearest the date of issuance or renewal. If the date of birth of a permittee is on February 29 in a leap year, for the purposes of this section, his date of birth shall be deemed to be on February 28.

    7.  Whenever any person applies to a county or city licensing authority for the issuance or renewal of a work permit, the county or city officer or employee to whom the application is made shall within 24 hours mail or deliver a copy thereof to the board, and may at the discretion of the county or city licensing authority issue a temporary work permit [.] that is valid for 120 days. If within [90] 120 days after receipt by the board of the copy of the application, the board has not notified the county or city licensing authority of any objection, the authority may issue, renew or deny a permanent work permit to the applicant.

    8.  A gaming employee who is issued a work permit [must obtain renewal of the permit from the issuing agency within 10 days following any change of his place of employment. An independent agent who is issued a work permit must obtain renewal of the permit from the issuing agency within 10 days after executing an agreement to serve as an independent agent within the jurisdiction of the issuing agency.

    8.] is eligible for employment in any licensed gaming establishment in this state until the work permit is denied or objected to by the board, expires or is revoked. However, each such employee shall notify the board within 10 days following any change of his place of employment at a gaming establishment. Such a notification shall be deemed an application for a work permit that the board may deny or object to after conducting any investigations the board deems appropriate. The provisions of subsections 9 to 16, inclusive, apply to any such objection of the board. The commission shall adopt regulations to:

    (a) Facilitate uniform procedures for the issuance of work permits by counties and cities;

    (b) Establish uniform criteria for denial by a county or city licensing authority of an application for a work permit; and

    (c) Provide for the creation and maintenance of a system of records that contain information regarding the current place of employment of each person who possesses a valid work permit.

    9.  If the board, within the [90-day] 120-day period, notifies:

    (a) The county or city licensing authority; and

    (b) The applicant,

that the board objects to the granting of a work permit to the applicant, the authority shall deny the work permit and shall immediately revoke and repossess any temporary work permit which it may have issued. The notice of objection by the board which is sent to the applicant must include a statement of the facts upon which the board relied in making its objection.


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    [9.  Application for a work permit may be made to the board, and may be granted or denied for any cause deemed reasonable by the board.]

    10.  Whenever an application for a work permit is made to the board and the board denies such an application, it shall include in its notice of the denial a statement of the facts upon which it relied in denying the application. [Except for a permit issued to a person pursuant to subsection 4, a permit issued by the board is valid only in a county or city that does not require a work permit.

    10.] 11.  Any person whose application for a work permit has been denied because of an objection by the board or whose application has been denied by the board may, not later than 60 days after receiving notice of the denial or objection, apply to the board for a hearing. A failure of a person whose application has been denied to apply for a hearing within 60 days or his failure to appear at a hearing of the board conducted pursuant to this section shall be deemed to be an admission that the denial or objection is well founded, and the failure precludes administrative or judicial review. At the hearing, the board shall take any testimony deemed necessary. After the hearing the board shall review the testimony taken and any other evidence, and shall within 45 days after the date of the hearing mail to the applicant its decision sustaining or reversing the denial of the work permit or the objection to the issuance of a work permit.

    [11.] 12.  The board may object to the issuance of a work permit or may refuse to issue a work permit for any cause deemed reasonable by the board. The board may object or refuse if the applicant has:

    (a) Failed to disclose or misstated information or otherwise attempted to mislead the board with respect to any material fact contained in the application for the issuance or renewal of a work permit;

    (b) Knowingly failed to comply with the provisions of this chapter or chapter 463B, 464 or 465 of NRS or the regulations of the commission at a place of previous employment;

    (c) Committed, attempted or conspired to commit any crime of moral turpitude, embezzlement or larceny or any violation of any law pertaining to gaming, or any crime which is inimical to the declared policy of this state concerning gaming;

    (d) Committed, attempted or conspired to commit a crime which is a felony or gross misdemeanor in this state or an offense in another state or jurisdiction which would be a felony or gross misdemeanor if committed in this state;

    (e) Been identified in the published reports of any federal or state legislative or executive body as being a member or associate of organized crime, or as being of notorious and unsavory reputation;

    (f) Been placed and remains in the constructive custody of any federal, state or municipal law enforcement authority; or

    (g) Had a work permit revoked or committed any act which is a ground for the revocation of a work permit or would have been a ground for revoking his work permit if he had then held a work permit.

If the board issues or does not object to the issuance of a work permit to an applicant , [who has been convicted of a crime which is a felony, gross misdemeanor or misdemeanor,] it may specially limit the period for which the permit is valid, limit the job classifications for which the holder of the permit may be employed and establish such individual conditions for the issuance, renewal and effectiveness of the permit as the board deems appropriate, including required submission to unscheduled tests for the presence of alcohol or controlled substances.


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appropriate, including required submission to unscheduled tests for the presence of alcohol or controlled substances.

    [12.] 13.  Any applicant aggrieved by the decision of the board may, within 15 days after the announcement of the decision, apply in writing to the commission for review of the decision. Review is limited to the record of the proceedings before the board. The commission may sustain, modify or reverse the board’s decision. The decision of the commission is subject to judicial review pursuant to NRS 463.315 to 463.318, inclusive.

    [13.] 14.  Except as otherwise provided in this subsection, all records acquired or compiled by the board or commission relating to any application made pursuant to this section and all lists of persons to whom work permits have been issued or denied and all records of the names or identity of persons engaged in the gaming industry in this state are confidential and must not be disclosed except in the proper administration of this chapter or to an authorized law enforcement agency. Upon receipt of a request from the welfare division of the department of human resources pursuant to NRS 425.400 for information relating to a specific person who has applied for or holds a work permit, the board shall disclose to the division his social security number, residential address and current employer as that information is listed in the files and records of the board. Any record of the board or commission which shows that the applicant has been convicted of a crime in another state must show whether the crime was a misdemeanor, gross misdemeanor, felony or other class of crime as classified by the state in which the crime was committed. In a disclosure of the conviction, reference to the classification of the crime must be based on the classification in the state where it was committed.

    [14.  A work permit expires unless renewed in accordance with subsection 7, or if the holder thereof is not employed as a gaming employee or does not serve as an independent agent within the jurisdiction of the issuing authority for more than 90 days.]

    15.  The chairman of the board may designate a member of the board or the board may appoint a hearing examiner and authorize that person to perform on behalf of the board any of the following functions required of the board by this section concerning work permits:

    (a) Conducting a hearing and taking testimony;

    (b) Reviewing the testimony and evidence presented at the hearing;

    (c) Making a recommendation to the board based upon the testimony and evidence or rendering a decision on behalf of the board to sustain or reverse the denial of a work permit or the objection to the issuance or renewal of a work permit; and

    (d) Notifying the applicant of the decision.

    16.  Notice by the board as provided pursuant to this section is sufficient if it is mailed to the applicant’s last known address as indicated on the application for a work permit, or the record of the hearing, as the case may be. The date of mailing may be proven by a certificate signed by an officer or employee of the board which specifies the time the notice was mailed. The notice shall be deemed to have been received by the applicant 5 days after it is deposited with the United States Postal Service with the postage thereon prepaid.


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ê2001 Statutes of Nevada, Page 3086 (Chapter 593, AB 466)ê

 

    Sec. 17.  NRS 463.3557 is hereby amended to read as follows:

    463.3557  [An]

    1.  Except as otherwise provided in subsection 2, an electronic transfer of money from a financial institution directly to a game or gaming device may not be made with a credit card.

    2.  The provisions of subsection 1 do not apply to an interactive gaming system.

    Sec. 18.  NRS 463.361 is hereby amended to read as follows:

    463.361  1.  Except as otherwise provided in section 4 of this act and NRS 463.361 to 463.366, inclusive, gaming debts that are not evidenced by a credit instrument are void and unenforceable and do not give rise to any administrative or civil cause of action.

    2.  A claim by a patron of a licensee for payment of a gaming debt that is not evidenced by a credit instrument may be resolved in accordance with NRS 463.362 to 463.366, inclusive:

    (a) By the board; or

    (b) If the claim is for less than $500, by a hearing examiner designated by the board.

    Sec. 19.  NRS 463.370 is hereby amended to read as follows:

    463.370  1.  Except as otherwise provided in NRS 463.373, the commission shall charge and collect from each licensee a license fee based upon all the gross revenue of the licensee as follows:

    (a) Three percent of all the gross revenue of the licensee which does not exceed $50,000 per calendar month;

    (b) Four percent of all the gross revenue of the licensee which exceeds $50,000 per calendar month and does not exceed $134,000 per calendar month; and

    (c) Six and one-quarter percent of all the gross revenue of the licensee which exceeds $134,000 per calendar month.

    2.  Unless the licensee has been operating for less than a full calendar month, the commission shall charge and collect the fee prescribed in subsection 1, based upon the gross revenue for the preceding calendar month, on or before the 24th day of the following month. Except for the fee based on the first full month of operation, the fee is an estimated payment of the license fee for the third month following the month whose gross revenue is used as its basis.

    3.  When a licensee has been operating for less than a full calendar month, the commission shall charge and collect the fee prescribed in subsection 1, based on the gross revenue received during that month, on or before the 24th day of the following calendar month of operation. After the first full calendar month of operation, the commission shall charge and collect the fee based on the gross revenue received during that month, on or before the 24th day of the following calendar month. The payment of the fee due for the first full calendar month of operation must be accompanied by the payment of a fee equal to three times the fee for the first full calendar month. This additional amount is an estimated payment of the license fees for the next 3 calendar months. Thereafter, each license fee must be paid in the manner described in subsection 2. Any deposit held by the commission on July 1, 1969, must be treated as an advance estimated payment.

    4.  All revenue received from any game or gaming device which is operated on the premises of a licensee, regardless of whether any portion of the revenue is shared with any other person, must be attributed to the licensee for the purposes of this section and counted as part of the gross revenue of the licensee.


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licensee for the purposes of this section and counted as part of the gross revenue of the licensee. Any other person, including, without limitation, an operator of an inter-casino linked system, who is authorized to receive a share of the revenue from any game, gaming device or inter-casino linked system that is operated on the premises of a licensee is liable to the licensee for that person’s proportionate share of the license fees paid by the licensee pursuant to this section and shall remit or credit the full proportionate share to the licensee on or before the 24th day of each calendar month. The proportionate share of an operator of an inter-casino linked system must be based on all compensation and other consideration received by the operator of the inter-casino linked system, including, without limitation, amounts that accrue to the meter of the primary progressive jackpot of the inter-casino linked system and amounts that fund the reserves of such a jackpot, subject to all appropriate adjustments for deductions, credits, offsets and exclusions that the licensee is entitled to take or receive pursuant to the provisions of this chapter. A licensee is not liable to any other person authorized to receive a share of the licensee’s revenue from any game, gaming device or inter-casino linked system that is operated on the premises of the licensee for that person’s proportionate share of the license fees to be remitted or credited to the licensee by that person pursuant to this section.

    5.  An operator of an inter-casino linked system shall not enter into any agreement or arrangement with a licensee that provides for the operator of the inter-casino linked system to be liable to the licensee for less than its full proportionate share of the license fees paid by the licensee pursuant to this section, whether accomplished through a rebate, refund, charge-back or otherwise.

    6.  Any person required to pay a fee pursuant to this section shall file with the commission, on or before the 24th day of each calendar month, a report showing the amount of all gross revenue received during the preceding calendar month. Each report must be accompanied by:

    (a) The fee due based on the revenue of the month covered by the report; and

    (b) An adjustment for the difference between the estimated fee previously paid for the month covered by the report, if any, and the fee due for the actual gross revenue earned in that month. If the adjustment is less than zero, a credit must be applied to the estimated fee due with that report.

    7.  If the amount of license fees required to be reported and paid pursuant to this section is later determined to be greater or less than the amount actually reported and paid, the commission shall:

    (a) Charge and collect the additional license fees determined to be due, with interest thereon until paid; or

    (b) Refund any overpayment to the person entitled thereto pursuant to this chapter, with interest thereon.

Interest pursuant to paragraph (a) must be computed at the rate prescribed in NRS 17.130 from the first day of the first month following [either] the due date of the additional license fees [or the date of overpayment] until paid. Interest pursuant to paragraph (b) must be computed at one-half the rate prescribed in NRS 17.130 from the first day of the first month following the date of overpayment until paid.

    8.  Failure to pay the fees provided for in this section shall be deemed a surrender of the license at the expiration of the period for which the estimated payment of fees has been made, as established in subsection 2.


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    9.  Except as otherwise provided in NRS 463.386, the amount of the fee prescribed in subsection 1 must not be prorated.

    10.  Except as otherwise provided in NRS 463.386, if a licensee ceases operation, the commission shall:

    (a) Charge and collect the additional license fees determined to be due with interest [;] computed pursuant to paragraph (a) of subsection 7; or

    (b) Refund any overpayment [, with interest thereon,] to the licensee [,] with interest computed pursuant to paragraph (b) of subsection 7,

based upon the gross revenue of the licensee during the last 3 months immediately preceding the cessation of operation, or portions of those last 3 months.

    11.  If in any month, the amount of gross revenue is less than zero, the licensee may offset the loss against gross revenue in succeeding months until the loss has been fully offset.

    12.  If in any month, the amount of the license fee due is less than zero, the licensee is entitled to receive a credit against any license fees due in succeeding months until the credit has been fully offset.

    Sec. 20.  NRS 463.387 is hereby amended to read as follows:

    463.387  1.  State gaming license fees or taxes paid in excess of the amount required to be reported and paid may be refunded, upon the approval of the commission, as other claims against the state are paid.

    2.  Within 90 days after the mailing of the notice of the commission’s action upon a claim for refund filed pursuant to this chapter, the claimant may bring an action against the commission on the grounds set forth in the claim in any court of competent jurisdiction for the recovery of the whole or any part of the amount with respect to which the claim has been disallowed.

    3.  Failure to bring an action within the time specified in subsection 2 constitutes a waiver of any demand against the state on account of alleged overpayments.

    4.  Within 20 days after the mailing of the notice of the commission’s action upon a claim for refund filed pursuant to this chapter, the claimant may file a motion for rehearing with the commission. The commission must take action on the motion for rehearing within 50 days after it has been filed with the commission. If the motion for rehearing is granted, the commission’s earlier action upon the claim for refund is rescinded and the 90-day period specified in subsection 2 does not begin until the commission mails notice of its action upon the claim following the rehearing.

    5.  If the commission fails to mail its notice of action on a claim within 6 months after the claim is filed or reheard, the claimant may consider the claim disallowed and bring an action against the commission on the grounds set forth in the claim for the recovery of the whole or any part of the amount claimed as an overpayment.

    6.  In any case where a refund is granted, interest must be allowed at one-half the rate prescribed in NRS 17.130 upon the amount found to have been erroneously paid from the first day of the first month following the date of overpayment until paid. The commission may in its discretion deny or limit the payment of interest if it finds that the claimant has failed to file a claim for a refund within 90 days after receiving written notification of overpayment from the board or has impeded the board’s ability to process the claim in a timely manner.


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    7.  Notwithstanding the provisions of NRS 353.115, any claim for refund of state gaming license fees or taxes paid in excess of the amount required to be reported and paid [,] must be filed with the commission within 5 years after the date of overpayment and not thereafter.

    8.  The provisions of this chapter must not be construed to permit the proration of state gaming taxes or license fees for purposes of a refund.

    Sec. 21.  NRS 463.400 is hereby amended to read as follows:

    463.400  Any person who willfully fails to report, pay or truthfully account for and pay over the license fees imposed by NRS 463.370, 463.373 to 463.3855, inclusive, and sections 6 to 9, inclusive, of this act, 463.390 and 463.450, or willfully attempts in any manner to evade or defeat any such tax or payment thereof, or any licensee who puts additional games into play without authority of the commission to do so or any licensee who fails to remit any license fee provided for by this chapter when due is in addition to the amount due liable for a penalty of the amount of the license fee evaded or not paid, collected or paid over. The penalty must be assessed and collected in the same manner as are other charges, license fees and penalties under this chapter.

    Sec. 22.  NRS 463.403 is hereby amended to read as follows:

    463.403  1.  Every person required to pay the tax imposed by NRS 463.401 shall file with the commission, on or before the 24th day of each month, a report showing the amount of all taxable receipts for the preceding month.

    2.  Each report must be accompanied by the amount of tax which is due for the month covered by the report.

    3.  If the amount of tax required to be reported and paid pursuant to NRS 463.401 is later determined to be greater or less than the amount actually reported and paid, the commission shall:

    (a) Charge and collect the additional tax determined to be due, with interest thereon until paid; or

    (b) Refund any overpayment to the person entitled thereto pursuant to this chapter, with interest thereon.

Interest [is] pursuant to paragraph (a) must be computed at the rate prescribed in NRS 17.130 from the first day of the first month following [either] the due date of the additional tax [or the date of overpayment] until paid. Interest pursuant to paragraph (b) must be computed at one-half the rate prescribed in NRS 17.130 from the first day of the first month following the date of overpayment until paid.

    Sec. 23.  NRS 463.450 is hereby amended to read as follows:

    463.450  1.  Any disseminator of such information obtaining a license under NRS 463.430 to 463.480, inclusive, shall pay to the commission a fee of 4.25 percent of the total fees collected from users each calendar month for the dissemination of live broadcasts.

    2.  The commission shall collect the fee on or before the last day of each calendar month for the preceding calendar month.

    3.  If the amount of the fee required by this section to be reported and paid is determined to be different than the amount reported or paid by the licensee, the commission shall:

    (a) Charge and collect any additional fee determined to be due, with interest thereon until paid; or

    (b) Refund any overpaid fees to the person entitled thereto pursuant to this chapter, with interest thereon.


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ê2001 Statutes of Nevada, Page 3090 (Chapter 593, AB 466)ê

 

Interest [is] pursuant to paragraph (a) must be computed at the rate prescribed in NRS 17.130 from the first day of the first calendar month following [either] the due date of the additional license fees [or the date of overpayment] until paid. Interest pursuant to paragraph (b) must be computed at one-half the rate prescribed in NRS 17.130 from the first day of the first month following the date of overpayment until paid.

    4.  The commission shall remit all fees collected, less any fees refunded pursuant to subsection 3, to the state treasurer for deposit to the credit of the state general fund.

    Sec. 24.  NRS 463.482 is hereby amended to read as follows:

    463.482  As used in NRS 463.160 to 463.170, inclusive, and section 3 of this act, 463.368, 463.386 and 463.482 to 463.645, inclusive, unless the context otherwise requires, the words and terms defined in NRS 463.4825 to 463.488, inclusive, have the meanings ascribed to them in those sections.

    Sec. 25.  NRS 463.643 is hereby amended to read as follows:

    463.643  1.  Each person who acquires, directly or indirectly, beneficial ownership of any voting security in a publicly traded corporation which is registered with the commission may be required to be found suitable if the commission has reason to believe that his acquisition of [such] that ownership would otherwise be inconsistent with the declared policy of this state.

    2.  Each person who acquires, directly or indirectly, beneficial ownership of any debt security in a publicly traded corporation which is registered with the commission may be required to be found suitable if the commission has reason to believe that his acquisition of [such] the debt security would otherwise be inconsistent with the declared policy of this state.

    3.  Each person who, individually or in association with others, acquires, directly or indirectly, beneficial ownership of more than 5 percent of any class of voting securities of a publicly traded corporation registered with the Nevada gaming commission, and who is required to report, or voluntarily reports, [such] the acquisition to the Securities and Exchange Commission pursuant to section 13(d)(1), 13(g) or 16(a) of the Securities Exchange Act of 1934, as amended , [(] 15 U.S.C. §§ 78m(d)(1), 78m(g) and 78p(a), respectively , [),] shall file a copy of that report, and any amendments thereto, with the Nevada gaming commission within 10 days after filing that report with the Securities and Exchange Commission.

    4.  Each person who, individually or in association with others, acquires, directly or indirectly, the beneficial ownership of more than 10 percent of any class of voting securities of a publicly traded corporation registered with the commission, [and] or who is required to report, or voluntarily reports, [the] such acquisition pursuant to section 13(d)(1), 13(g) or 16(a) of the Securities Exchange Act of 1934, as amended , [(] 15 U.S.C. §§ 78m(d)(1), 78m(g) and 78p(a), respectively , [),] shall apply to the commission for a finding of suitability within 30 days after the chairman of the board mails the written notice.

    5.  A person who acquires beneficial ownership of any voting security or debt security in a publicly traded corporation created under the laws of a foreign country which is registered with the commission shall file such reports and is subject to such a finding of suitability as the commission may prescribe.

    6.  Any person required by the commission or by this section to be found suitable shall:


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ê2001 Statutes of Nevada, Page 3091 (Chapter 593, AB 466)ê

 

    (a) Except as otherwise required in subsection 4, apply for a finding of suitability within 30 days after the commission requests that he do so; and

    (b) Together with the application, deposit with the board a sum of money which, in the opinion of the board, will be adequate to pay the anticipated costs and charges incurred in the investigation and processing of the application, and deposit such additional sums as are required by the board to pay final costs and charges.

    7.  Any person required by the commission or this section to be found suitable who is found unsuitable by the commission shall not hold directly or indirectly the beneficial ownership of any voting security or debt security of a publicly traded corporation which is registered with the commission beyond the time prescribed by the commission.

    8.  The violation of subsection 6 or 7 is a gross misdemeanor.

    9.  As used in this section, “debt security” means any instrument generally recognized as a corporate security representing money owed and reflected as debt on the financial statement of a publicly traded corporation, including, but not limited to, bonds, notes and debentures.

    Sec. 26.  NRS 463.650 is hereby amended to read as follows:

    463.650  1.  Except as otherwise provided in subsections 2 to 5, inclusive, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain any form of manufacture, selling or distribution of any gaming device , [or] cashless wagering system or interactive gaming system for use or play in Nevada or for distribution outside of Nevada without first procuring and maintaining all required federal, state, county and municipal licenses.

    2.  A lessor who specifically acquires equipment for a capital lease is not required to be licensed under this section or NRS 463.660.

    3.  The holder of a state gaming license or the holding company of a corporation, partnership, limited partnership, limited-liability company or other business organization holding a license may, within 2 years after cessation of business or upon specific approval by the board, dispose of by sale in a manner approved by the board, any or all of its gaming devices, including slot machines, and cashless wagering systems, without a distributor’s license. In cases of bankruptcy of a state gaming licensee or foreclosure of a lien by a bank or other person holding a security interest for which gaming devices are security in whole or in part for the lien, the board may authorize the disposition of the gaming devices without requiring a distributor’s license.

    4.  The commission may, by regulation, authorize a person who owns gaming devices for home use in accordance with NRS 463.160 to sell such devices without procuring a license therefor.

    5.  Upon approval by the board, a gaming device owned by:

    (a) A law enforcement agency;

    (b) A court of law; or

    (c) A gaming device repair school licensed by the commission on postsecondary education,

may be disposed of by sale, in a manner approved by the board, without a distributor’s license. An application for approval must be submitted to the board in the manner prescribed by the chairman.

    6.  Any person whom the commission determines is a suitable person to receive a license under the provisions of this section and NRS 463.660 may be issued a manufacturer’s or distributor’s license. The burden of proving his qualification to receive or hold a license under this section and NRS 463.660 is at all times on the applicant or licensee.


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ê2001 Statutes of Nevada, Page 3092 (Chapter 593, AB 466)ê

 

qualification to receive or hold a license under this section and NRS 463.660 is at all times on the applicant or licensee.

    7.  Every person who must be licensed pursuant to this section is subject to the provisions of NRS 463.482 to 463.645, inclusive, unless exempted from those provisions by the commission.

    8.  The commission may exempt, for any purpose, a manufacturer, seller or distributor from the provisions of NRS 463.482 to 463.645, inclusive, if the commission determines that the exemption is consistent with the purposes of this chapter.

    9.  As used in this section, “holding company” has the meaning ascribed to it in NRS 463.485.

    Sec. 27.  NRS 463.670 is hereby amended to read as follows:

    463.670  1.  The legislature finds and declares as facts:

    (a) That the inspection of gaming devices, associated equipment , [and] cashless wagering systems and interactive gaming systems is essential to carry out the provisions of this chapter; and

    (b) That inspection of gaming devices, associated equipment , [and] cashless wagering systems and interactive gaming systems is greatly facilitated by the opportunity to inspect components before assembly and to examine the methods of manufacture.

    2.  The board may inspect every gaming device which is manufactured, sold or distributed:

    (a) For use in this state, before the gaming device is put into play.

    (b) In this state for use outside this state, before the gaming device is shipped out of this state.

    3.  The board may inspect every gaming device which is offered for play within this state by a licensee.

    4.  The board may inspect all associated equipment , [and] every cashless wagering system and every interactive gaming system which is manufactured, sold or distributed for use in this state before the equipment or system is installed or used by a licensee and at any time while the licensee is using the equipment or system.

    5.  In addition to all other fees and charges imposed by this chapter, the board may determine, charge and collect an inspection fee from each manufacturer, seller or distributor which must not exceed the actual cost of inspection and investigation.

    Sec. 28.  NRS 463A.010 is hereby amended to read as follows:

    463A.010  The legislature finds and declares that:

    1.  The relationship which exists between a labor organization and the employees whom it represents or seeks to represent in collective bargaining is such that it may significantly affect the conduct of a gaming operation by an employer.

    2.  In the past, attempts have been made by persons whose background is not suitable for association with licensed gaming to gain positions of control in labor organizations representing or seeking to represent gaming casino employees in this state.

    3.  In order to carry out the declared policy of this state that licensed gaming be conducted freely and honestly, and in order to protect the welfare of the employees of the gaming industry which is fundamental to the economy of this state, it is necessary to determine the suitability of any person who performs or seeks to perform certain significant functions in the representation of gaming casino employees in this state.


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ê2001 Statutes of Nevada, Page 3093 (Chapter 593, AB 466)ê

 

    Sec. 29.  NRS 463A.020 is hereby amended to read as follows:

    463A.020  As used in this chapter:

    1.  “Board” means the state gaming control board.

    2.  “Commission” means the Nevada gaming commission.

    3.  “Gaming casino employee” means any person employed directly or indirectly in the operation of a gaming establishment under a nonrestricted license, including:

    (a) All personnel involved in the operation of a casino gaming pit, such as dealers, shills, clerks, hosts, junket representatives and the supervisors of such persons;

    (b) All personnel involved in handling money, such as cashiers, change persons, count teams, coin wrappers and the supervisors of such persons;

    (c) All personnel involved in the operation of games, such as bingo and keno;

    (d) All personnel involved in operating and maintaining slot machines, such as mechanics, floormen, change and payoff persons and the supervisors of such persons;

    (e) All personnel involved in security, such as guards, games observers and the supervisors of such persons;

    (f) All personnel involved in the operation of a race or sports book, such as writers, boardmen, cashiers and the supervisors of such persons;

    (g) All personnel involved in the operation of a pari-mutuel operation licensed under chapter 464 of NRS and any sporting event on which such pari-mutuel wagering is conducted; and

    (h) Such other persons whose duties are similar to the classifications set forth in paragraphs (a) to (g), inclusive, as the commission may from time to time designate by regulation,

but does not include personnel whose duties are related solely to such nongaming activities as entertainment, hotel operation, maintenance and the preparation and serving of food and beverages.

    4.  “Labor organization” means an organization of any kind, or any agency or employee representation committee or plan, which exists for the purpose, in whole or in part, of dealing or seeking to deal with employers of gaming casino employees concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work of gaming casino employees.

    Sec. 30.  NRS 463A.030 is hereby amended to read as follows:

    463A.030  1.  [Every] Not later than the date on which a labor organization which represents or seeks to represent gaming casino employees in this state begins an organizational activity directed at a gaming casino employee, the labor organization shall file with the board a list of its personnel who:

    (a) Adjust or seek to adjust grievances for, negotiate or administer the wages, hours, working conditions or conditions of employment of any gaming casino employee;

    (b) Solicit, collect or receive or seek to solicit, collect or receive any dues, assessments, levies, fines, contributions or other charges within this state for or on behalf of the organization from gaming casino employees; or

    (c) Act as officers, members of the governing body, business agents or in any other policymaking or supervisory position in the organization.


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ê2001 Statutes of Nevada, Page 3094 (Chapter 593, AB 466)ê

 

    2.  Each person listed shall file with the board his fingerprints and complete information in writing concerning his labor organization activities, prior performance of the same or similar functions, previous employment or occupational history, and criminal record if any, covering at least a 10-year period unless the board determines that a shorter period is appropriate.

    3.  The commission shall by regulation prescribe the frequency or circumstances or both with or under which the list [shall] must be revised.

    4.  The commission may by regulation prescribe:

    (a) Any further information to be required concerning each person listed or each person performing a particular function.

    (b) The addition of other personnel to the list whose duties significantly affect the conduct of a gaming operation.

    5.  In adopting regulations pursuant to this section, the commission shall proceed in the manner prescribed in chapter 463 of NRS.

    6.  For the purposes of this section, “organizational activity” means:

    (a) Soliciting membership by direct personal contact;

    (b) Distributing cards regarding interests or representation; or

    (c) Distributing or posting a flyer, poster or advertisement.

    Sec. 31.  NRS 463A.050 is hereby amended to read as follows:

    463A.050  1.  To determine suitability under and compliance with the provisions of this chapter, the board may investigate any person whose name is listed by a labor organization or who it believes is performing or seeking to perform a function which requires listing. For this purpose , the board is vested with all of the powers which it possesses for the investigation of an applicant for or holder of a state gaming license, and may further make such examination as it reasonably deems necessary of the financial records of any labor organization for whom such a person is performing or seeking to perform such a function.

    2.  The cost of any investigation required by this section [shall] must be paid by the board from [moneys] money appropriated or authorized to be used for this purpose.

    3.  Whenever the board undertakes an investigation pursuant to this section, [it] the board shall employ or consult with some person who has a professional background in the field of labor relations. The same services may be retained to assist the commission upon any subsequent hearing of the matter.

    4.  The board shall, if appropriate, recommend to the commission that a person investigated be disqualified.

    Sec. 32.  NRS 463A.060 is hereby amended to read as follows:

    463A.060  1.  If the board recommends that a person be disqualified, the commission shall serve upon the person and the labor organization for which the person is performing his function [a notice, a] or seeking to perform that function:

    (a) A notice;

    (b) A statement of the reasons for the recommendation ; and [three]

    (c) Three copies of a form entitled “Notice of Defense.”

    2.  The notice of defense must read substantially as follows:

 

NOTICE OF DEFENSE

 

Instructions to Respondents: Two copies of this form should be filed with the Nevada gaming commission, Carson City, Nevada, within 15 days after service upon you of the enclosed complaint.


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ê2001 Statutes of Nevada, Page 3095 (Chapter 593, AB 466)ê

 

days after service upon you of the enclosed complaint. The form must be signed by you or on your behalf. You will note that blanks are provided for any information you wish to supply.

 

                                                                                                               Yes            No

 

1.  Do you request a hearing?                                                            ¨              ¨

2.  Do you admit the facts stated in the complaint?                     ¨              ¨

If you admit some of the facts stated in the complaint, but deny others, please specify:

 

(space for answer)

 

3.  Are there any defenses or explanations which

you believe the commission should

consider?                                                                                               ¨              ¨

If so, please specify:

 

(space for answer)

 

4.  Do you wish to state any legal objections to the

complaint?                                                                                            ¨              ¨

If so, please specify:

 

(space for answer)

 

Note: If you fail to file two copies of this form as specified, the commission may proceed upon the complaint without a hearing.

 

    Sec. 33.  NRS 465.070 is hereby amended to read as follows:

    465.070  It is unlawful for any person:

    1.  To alter or misrepresent the outcome of a game or other event on which wagers have been made after the outcome is made sure but before it is revealed to the players.

    2.  To place, increase or decrease a bet or to determine the course of play after acquiring knowledge, not available to all players, of the outcome of the game or any event that affects the outcome of the game or which is the subject of the bet or to aid anyone in acquiring such knowledge for the purpose of placing, increasing or decreasing a bet or determining the course of play contingent upon that event or outcome.

    3.  To claim, collect or take, or attempt to claim, collect or take, money or anything of value in or from a gambling game, with intent to defraud, without having made a wager contingent thereon, or to claim, collect or take an amount greater than the amount won.

    4.  Knowingly to entice or induce another to go to any place where a gambling game is being conducted or operated in violation of the provisions of this chapter, with the intent that the other person play or participate in that gambling game.


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ê2001 Statutes of Nevada, Page 3096 (Chapter 593, AB 466)ê

 

    5.  To place or increase a bet after acquiring knowledge of the outcome of the game or other event which is the subject of the bet, including past-posting and pressing bets.

    6.  To reduce the amount wagered or cancel the bet after acquiring knowledge of the outcome of the game or other event which is the subject of the bet, including pinching bets.

    7.  To manipulate, with the intent to cheat, any component of a gaming device in a manner contrary to the designed and normal operational purpose for the component, including, but not limited to, varying the pull of the handle of a slot machine, with knowledge that the manipulation affects the outcome of the game or with knowledge of any event that affects the outcome of the game.

    8.  To offer, promise or give anything of value to anyone for the purpose of influencing the outcome of a race, sporting event, contest or game upon which a wager may be made, or to place, increase or decrease a wager after acquiring knowledge, not available to the general public, that anyone has been offered, promised or given anything of value for the purpose of influencing the outcome of the race, sporting event, contest or game upon which the wager is placed, increased or decreased.

    9.  To change or alter the normal outcome of any game played on an interactive gaming system or the way in which the outcome is reported to any participant in the game.

    Sec. 34.  1.  The Nevada gaming commission shall, on or before January 1, 2003, adopt regulations to carry out the amendatory provisions of section 16 of this act and transmit a copy of those regulations to each county and city licensing authority that issues work permits to work as a gaming employee.

    2.  The amendatory provisions of sections 13 and 16 of this act apply to any work permit to work as a gaming employee that is issued by the state gaming control board or a county or city licensing authority on or after January 1, 2003.

    3.  On or after January 1, 2003, a county or city licensing authority is prohibited from issuing a work permit to work as a gaming employee that does not comply with the provisions of this act and the regulations adopted by the Nevada gaming commission.

    4.  A work permit to work as a gaming employee that was issued before January 1, 2003, is valid until it expires or is revoked in accordance with the provisions of NRS 463.335 that remain in effect until January 1, 2003.

    Sec. 35.  The amendatory provisions of this act do not apply to offenses committed before July 1, 2001.

    Sec. 36.  1.  This section and sections 28 to 32, inclusive, of this act become effective upon passage and approval.

    2.  Sections 16 and 34 of this act become effective upon passage and approval for purposes related to the adoption and dissemination of regulations by the Nevada gaming commission and on January 1, 2003, for all other purposes.

    3.  Sections 1 to 12, inclusive, 14, 15, 17 to 27, inclusive, 33 and 35 of this act become effective on July 1, 2001.

    4.  Section 13 of this act becomes effective on January 1, 2003.

________

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ê2001 Statutes of Nevada, Page 3097ê

 

CHAPTER 594, AB 460

Assembly Bill No. 460–Assemblyman Parks

 

CHAPTER 594

 

AN ACT relating to transportation; creating the legislative committee on transportation; prescribing the membership, powers and duties of the committee; revising certain provisions concerning the board of directors of the department of transportation; revising provisions governing the remittance of fees by short-term lessors of passenger cars to the department of taxation; authorizing short-term lessors of passenger cars to charge a fee as reimbursement for payment of vehicle licensing fees and taxes; and providing other matters properly relating thereto.

 

[Approved June 15, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Sections 1-9.  (Deleted by amendment.)

    Sec. 10.  NRS 482.313 is hereby amended to read as follows:

    482.313  1.  Upon the lease of a passenger car by a short-term lessor in this state, the short-term lessor [shall] :

    (a) Shall charge and collect from the short-term lessee a governmental services fee of 6 percent of the total amount for which the passenger car was leased, excluding any taxes or other fees imposed by a governmental entity.

    (b) May charge and collect from the short-term lessee a recovery surcharge not to exceed 3.5 percent of the total amount for which the passenger car was leased, excluding any taxes or other fees imposed by a governmental entity, as reimbursement for vehicle licensing fees and taxes paid by the short-term lessor.

The amount of [the] any fee charged pursuant to this subsection must be indicated in the lease agreement.

    2.  The governmental services fees due from a short-term lessor to the department of taxation pursuant to this subsection are due on the last day of each calendar quarter. On or before [January 31 of each year,] the last day of the month following each calendar quarter, the short-term lessor shall:

    (a) File with the department of taxation and the department of motor vehicles and public safety, on a form prescribed by the department of taxation, a report indicating the total amount of:

         (1) [Fees] Governmental services fees collected by the short-term lessor during the immediately preceding [year] calendar quarter pursuant to this section; and

         (2) Vehicle licensing fees and taxes paid by the short-term lessor during the immediately preceding [year] calendar quarter pursuant to this chapter.

    (b) Remit to the department of taxation [:

         (1) One third of] the governmental services fees collected by the short-term lessor pursuant to paragraph (a) of subsection 1 during the immediately preceding [year pursuant to this section; and

         (2) Of the remainder of those fees, any amount in excess of the total amount of vehicle licensing fees and taxes paid by the short-term lessor during the immediately preceding year pursuant to this chapter.] calendar quarter.


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ê2001 Statutes of Nevada, Page 3098 (Chapter 594, AB 460)ê

 

    3.  The department of taxation shall deposit all money received from short-term lessors pursuant to the provisions of this section with the state treasurer for credit to the state general fund.

    4.  To ensure compliance with this section, the department of taxation may audit the records of a short-term lessor.

    5.  The provisions of this section do not limit or affect the payment of any taxes or fees imposed pursuant to the provisions of this chapter.

    6.  The department of motor vehicles and public safety shall, upon request, provide to the department of taxation any information in its records relating to a short-term lessor that the department of taxation considers necessary to collect the fee required by this section.

    7.  As used in this section, “vehicle licensing fees and taxes” means:

    (a) The fees paid by a short-term lessor for the registration of, and the issuance of certificates of title for, the passenger cars leased by him; and

    (b) The basic and supplemental governmental services taxes paid by the short-term lessor with regard to those passenger cars.

    Sec. 11.  Notwithstanding the amendatory provisions of section 10 of this act to the contrary, the reports required and fees due from a short-term lessor for the calendar year 2001 are governed by the provisions of NRS 482.313, as that section existed on December 31, 2001.

    Sec. 12.  The legislative committee on transportation created pursuant to section 3 of this act shall:

    1.  Monitor and evaluate the effects of the amendatory provisions of section 10 of this act; and

    2.  On or before January 31 of each odd-numbered year, submit a report of its evaluation to the director of the legislative counsel bureau for transmittal to the next regular session of the legislature.

    Sec. 13.  1.  This section and sections 1 to 9, inclusive, of this act become effective on July 1, 2001.

    2.  Sections 10, 11 and 12 of this act become effective on January 1, 2002.

________

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ê2001 Statutes of Nevada, Page 3099ê

 

CHAPTER 595, AB 131

Assembly Bill No. 131–Assemblymen McClain, Parks, Bache, Price, Williams, Anderson, Arberry, Buckley, Chowning, Claborn, de Braga, Dini, Freeman, Giunchigliani, Goldwater, Koivisto, Lee, Leslie, Manendo, Neighbors, Nolan, Oceguera, Parnell, Perkins and Smith

 

Joint Sponsors: Senators Care and Titus

 

CHAPTER 595

 

AN ACT relating to local governments; expanding the authority of the board of county commissioners of a county to abate nuisances, dangerous structures and dangerous conditions; authorizing the recovery of any applicable costs for the relocation of tenants incurred by the county in abating certain conditions; providing that a board of county commissioners may levy a special assessment to collect costs incurred by the county in abating certain conditions instead of imposing a lien; authorizing a board of county commissioners to adopt certain housing codes; expanding the authority of the governing body of certain cities to abate certain types of nuisances; and providing other matters properly relating thereto.

 

[Approved: June 15, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If a board of county commissioners determines that a nuisance or other condition described in NRS 244.3601, 244.3603 or 244.3605 requires the relocation of tenants, the board may arrange for the relocation of the tenants and may, in accordance with subsection 2, recover the cost of such relocation from the person determined by the board to be primarily responsible for creating the nuisance or other condition that required the relocation of the tenants.

    2.  Before a board of county commissioners recovers from a person the cost of relocating tenants, the board shall:

    (a) Send notice, by certified mail, return receipt requested, to the person from whom the board seeks to recover the cost of the relocation, setting forth the date by which the person must remit payment to the county; and

    (b) Afford the person from whom the board seeks to recover the cost of the relocation an opportunity for a hearing before the designee of the board and an appeal of that decision to the board.

The date specified in the notice by which the person must remit payment to the county is tolled for the period during which the person requests a hearing and receives a decision.

    3.  If a person appeals the decision of the designee to the board as described in paragraph (b) of subsection 2 and is aggrieved by the determination of the board, the person may, within 30 days after the making of the determination, appeal to the district court of the county. A judicial review authorized pursuant to this subsection must be limited to whether the determination was arbitrary, capricious or otherwise characterized by an abuse of discretion and must be conducted in accordance with the procedures set forth in chapter 233B of NRS for reviewing a final decision of an agency.


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ê2001 Statutes of Nevada, Page 3100 (Chapter 595, AB 131)ê

 

accordance with the procedures set forth in chapter 233B of NRS for reviewing a final decision of an agency.

    Sec. 2.  NRS 244.3601 is hereby amended to read as follows:

    244.3601  1.  Notwithstanding the abatement procedures set forth in NRS 244.360, a board of county commissioners may, by ordinance, provide for a reasonable means to secure a dangerous structure or condition that [is determined to be an imminent danger to the surrounding neighborhood by] at least three persons [appointed by the board] who enforce building codes, housing codes, zoning ordinances or local health regulations, or who are members of a local law enforcement agency or fire department [.] determine in a signed, written statement to be an imminent danger to the surrounding neighborhood. The owner of the property on which the structure or condition is located must be given reasonable written notice [at least 72 hours] that is:

    (a) If practicable, hand-delivered or sent prepaid by United States mail to the owner of the property; or

    (b) Posted on the property,

before the structure or condition is so secured. The notice must state clearly that the owner of the property may challenge the action to secure the structure or condition and must provide a telephone number and address at which the owner may obtain additional information.

    2.  The costs of securing the structure or condition may be made a special assessment against the real property on which the structure or condition is located and may be collected pursuant to the provisions set forth in subsection 4 of NRS 244.360.

    3.  As used in this section, “imminent danger” means the existence of any structure or condition that could reasonably be expected to cause injury or endanger the safety or health of [the] :

    (a) The occupants, if any, of the real property on which the structure or condition is located; or

    (b) The general public.

    Sec. 3.  NRS 244.3603 is hereby amended to read as follows:

    244.3603  1.  Each board of county commissioners may, by ordinance, to protect the public health, safety and welfare of the residents of the county, adopt procedures pursuant to which the district attorney may file an action in a court of competent jurisdiction to:

    (a) Seek the abatement of a chronic nuisance that is located or occurring within the unincorporated area of the county;

    (b) If applicable, seek the closure of the property where the chronic nuisance is located or occurring; and

    (c) If applicable, seek penalties against the owner of the property within the unincorporated area of the county and any other appropriate relief.

    2.  An ordinance adopted pursuant to subsection 1 must:

    (a) Contain procedures pursuant to which the owner of the property is:

         (1) Sent a notice, by certified mail, return receipt requested, by the sheriff or other person authorized to issue a citation of the existence on his property of [two or more] nuisance activities and the date by which he must abate the condition to prevent the matter from being submitted to the district attorney for legal action; and

         (2) Afforded an opportunity for a hearing before a court of competent jurisdiction.


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ê2001 Statutes of Nevada, Page 3101 (Chapter 595, AB 131)ê

 

    (b) Provide that the date specified in the notice by which the owner must abate the condition is tolled for the period during which the owner requests a hearing and receives a decision.

    (c) Provide the manner in which the county will recover money expended [for labor and materials used] to abate the condition on the property if the owner fails to abate the condition.

    3.  If the court finds that a chronic nuisance exists and [emergency] action is necessary to avoid [immediate] serious threat to the public welfare or the safety [,] or health of the occupants of the property, the court [shall] may order the county to secure and close the property [for a period not to exceed 1 year or] until the nuisance is abated [, whichever occurs first,] and may:

    (a) Impose a civil penalty of not more than $500 per day for each day that the condition was not abated after the date specified in the notice by which the owner was required to abate the condition;

    (b) Order the owner to pay the county for the cost incurred by the county in abating the condition; and

    (c) Order any other appropriate relief.

    4.  In addition to any other reasonable means authorized by the court for the recovery of money expended by the county to abate the chronic nuisance, the board may [provide that] make the expense [is a lien upon] a special assessment against the property upon which [such a] the chronic nuisance is located or occurring. The [lien must be perfected by:

    (a) Mailing by certified mail a notice of the lien, separately prepared for each lot affected, addressed to the last known owner of the property at his last known address, as determined by the real property assessment roll in the county in which the property is located; and

    (b) Filing with the county recorder of the county in which the property is located, a statement of the amount due and unpaid and describing the property subject to the lien.] special assessment may be collected pursuant to the provisions set forth in subsection 4 of NRS 244.360.

    5.  As used in this section:

    (a) A “chronic nuisance” exists:

         (1) When three or more nuisance activities exist or have occurred during any [30-day] 90-day period on the property;

         (2) When a person associated with the property has engaged in three or more nuisance activities during any [30-day] 90-day period on the property or within 100 feet of the property;

         (3) When the property has been the subject of a search warrant based on probable cause of continuous or repeated violations of chapter 459 of NRS; or

         (4) When a building or place is used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, using or giving away a controlled substance, immediate precursor as defined in NRS 453.086 or controlled substance analog as defined in NRS 453.043.

    (b) “Nuisance activity” means:

         (1) Criminal activity;

         (2) The presence of debris, litter, garbage, rubble, abandoned or junk vehicles or junk appliances;

         (3) Violations of building codes, housing codes or any other codes regulating the health or safety of occupants of real property;

         (4) Excessive noise and violations of curfew; or


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         [(4)] (5) Any other activity, behavior or conduct defined by the board to constitute a public nuisance.

    (c) “Person associated with the property” means [a] :

         (1) The owner of the property;

         (2) The manager or assistant manager of the property;

         (3) The tenant of the property; or

         (4) A person who, on the occasion of a nuisance activity, has:

         [(1)] (I) Entered, patronized or visited;

         [(2)] (II) Attempted to enter, patronize or visit; or

         [(3)] (III) Waited to enter, patronize or visit,

[a] the property or a person present on the property.

    Sec. 4.  NRS 244.3605 is hereby amended to read as follows:

    244.3605  1.  Notwithstanding the provisions of NRS 244.360 and 244.3601, the board of county commissioners of a county may adopt by ordinance procedures pursuant to which the board or its designee may order an owner of property within the county to:

    (a) Repair, safeguard or [demolish] eliminate a dangerous structure [;] or condition;

    (b) Clear debris, rubbish and refuse which is not subject to the provisions of chapter 459 of NRS; or

    (c) Clear weeds and noxious plant growth,

to protect the public health, safety and welfare of the residents of the county.

    2.  An ordinance adopted pursuant to subsection 1 must:

    (a) Contain procedures pursuant to which the owner of the property is:

         (1) Sent notice, by certified mail, return receipt requested, of the existence on his property of a condition set forth in subsection 1 and the date by which he must abate the condition; and

         (2) Afforded an opportunity for a hearing before the designee of the board and an appeal of that decision to the board.

    (b) Provide that the date specified in the notice by which the owner must abate the condition is tolled for the period during which the owner requests a hearing and receives a decision.

    (c) Provide the manner in which the county will recover money expended [for labor and materials used] to abate the condition on the property if the owner fails to abate the condition.

    (d) Provide for civil penalties for each day that the owner did not abate the condition after the date specified in the notice by which the owner was required to abate the condition.

    3.  The board or its designee may direct the county to abate the condition on the property and may recover the amount expended by the county for labor and materials used to abate the condition if:

    (a) The owner has not requested a hearing within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the condition on his property within the period specified in the notice ; [.]

    (b) After a hearing in which the owner did not prevail, the owner has not filed an appeal within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the condition within the period specified in the order [.] ; or

    (c) The board has denied the appeal of the owner and the owner has failed to abate the condition within the period specified in the order.

    4.  In addition to any other reasonable means of recovering money expended by the county to abate the condition, the board may [provide that] make the expense [is a lien upon] a special assessment against the property upon which [such a] the condition is located.


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make the expense [is a lien upon] a special assessment against the property upon which [such a] the condition is located. The [lien must be perfected by:

    (a) Mailing by certified mail a notice of the lien, separately prepared for each lot affected, addressed to the last known owner of the property at his last known address, as determined by the real property assessment roll in the county in which the property is located; and

    (b) Filing with the county recorder of the county in which the property is located, a statement of the amount due and unpaid and describing the property subject to the lien.] special assessment may be collected pursuant to the provisions set forth in subsection 4 of NRS 244.360.

    5.  As used in this section, “dangerous structure or condition” means a structure or condition that may cause injury to or endanger the health, life, property or safety of the general public or the occupants, if any, of the real property on which the structure or condition is located. The term includes, without limitation, a structure or condition that:

    (a) Does not meet the requirements of a code or regulation adopted pursuant to NRS 244.3675 with respect to minimum levels of health or safety; or

    (b) Violates an ordinance, rule or regulation regulating health and safety enacted, adopted or passed by the board of county commissioners of a county, the violation of which is designated as a nuisance in the ordinance, rule or regulation.

    Sec. 5.  NRS 244.3675 is hereby amended to read as follows:

    244.3675  Subject to the limitations [contained] set forth in NRS 244.368, 278.580, 278.582 and 444.340 to 444.430, inclusive, the boards of county commissioners within their respective counties may:

    1.  Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the county.

    2.  Adopt any building, electrical, housing, plumbing or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary. Except as otherwise provided in NRS 278.580, these fees do not apply to the State of Nevada, the University and Community College System of Nevada or any school district.

    Sec. 6.  Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The governing body of each city which is located in a county whose population is 100,000 or more may, by ordinance, to protect the public health, safety and welfare of the residents of the city, adopt procedures pursuant to which the city attorney may file an action in a court of competent jurisdiction to seek:

    (a) The abatement of an abandoned nuisance that is located or occurring within the city;

    (b) The repair, safeguarding or demolition of any structure or property where an abandoned nuisance is located or occurring within the city;

    (c) Authorization for the city to take the actions described in paragraphs (a) and (b);

    (d) Civil penalties against an owner of any structure or property where an abandoned nuisance is located or occurring within the city; and

    (e) Any other appropriate relief.

    2.  An ordinance adopted pursuant to subsection 1 must:

    (a) Contain procedures pursuant to which the owner of the property is:


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         (1) Sent notice, by certified mail, return receipt requested, by a person authorized by the city to issue a citation of the existence on his property of three or more abandoned nuisance activities and the date by which he must abate the abandoned nuisance to prevent the matter from being submitted to the city attorney for legal action; and

         (2) Afforded an opportunity for a hearing before a court of competent jurisdiction.

    (b) Provide that the date specified in the notice by which the owner must abate the abandoned nuisance is tolled for the period during which the owner requests a hearing and receives a decision.

    (c) Provide the manner in which the city will, if the owner fails to abate the abandoned nuisance, recover money expended for labor and materials used to:

         (1) Abate the abandoned nuisance on the property; or

         (2) If applicable, repair, safeguard or demolish a structure or property where the abandoned nuisance is located or occurring.

    3.  If the court finds that an abandoned nuisance exists, the court shall order the owner of the property to abate the abandoned nuisance or repair, safeguard or demolish any structure or property where the abandoned nuisance is located or occurring, and may:

    (a) If applicable, order the owner of the property to pay reasonable expenses for the relocation of any tenants who occupy the property legally and who are affected by the abandoned nuisance;

    (b) If the owner of the property fails to comply with the order:

         (1) Direct the city to abate the abandoned nuisance or repair, safeguard or demolish any structure or property where the abandoned nuisance is located or occurring; and

         (2) Order the owner of the property to pay the city for the cost incurred by the city in taking the actions described in subparagraph (1); and

    (c) Order any other appropriate relief.

    4.  In addition to any other reasonable means authorized by the court for the recovery of money expended by the city to abate the abandoned nuisance, the governing body of the city may provide that the expense is a lien upon the property upon which such an abandoned nuisance is located or occurring. The lien must be perfected by:

    (a) Mailing by certified mail a notice of the lien, separately prepared for each lot affected, addressed to the last known owner of the property at his last known address, as determined by the real property assessment roll in the county in which the property is located; and

    (b) Filing with the county recorder of the county in which the property is located, a statement of the amount due and unpaid and describing the property subject to the lien.

    5.  As used in this section:

    (a) An “abandoned nuisance” exists on any property where a building or other structure is located on the property, the property is located in a city that is in a county whose population is 100,000 or more, the property has been vacant or substantially vacant for 2 years or more and:

         (1) Three or more abandoned nuisance activities exist or have occurred on the property during any 12-month period; or

 

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