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ê2003 Statutes of Nevada, Page 326ê

 

CHAPTER 4, AB 10

Assembly Bill No. 10–Committee on Judiciary

 

CHAPTER 4

 

AN ACT relating to crimes; repealing the prohibition against a person refusing to relinquish a party line for an emergency call or securing the use of a party line by falsely stating that it is needed for an emergency call; revising the definition of public telephone for the purposes of the statute prohibiting a person from refusing to relinquish a public telephone for an emergency call and from falsely stating that it is needed for an emergency call; repealing the prohibition against a person pasturing livestock in a cemetery; repealing the prohibition against a person shearing sheep within a city or town; and providing other matters properly relating thereto.

 

[Approved: March 7, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 207.161 is hereby amended to read as follows:

      207.161  As used in NRS 207.163:

      1.  “Emergency call” means a situation in which property or human life is in jeopardy and the prompt summoning of aid is essential.

      2.  [“Party line” means a subscribers’ line telephone circuit, consisting of two or more main telephone stations connected therewith, each station having a distinctive ring or telephone number.

      3.]  “Public telephone” means a telephone which is made available to the public upon the deposit of a coin [.] , currency or other monetary instrument or through the use of a calling card, credit card or debit card.

      Sec. 2.  NRS 207.163 is hereby amended to read as follows:

      207.163  1.  [It is unlawful for a person to refuse to relinquish a party line immediately when he has been informed that the line is needed for an emergency call and in fact the line is needed for an emergency call.

      2.]  It is unlawful for a person to refuse to relinquish a public telephone immediately when he has been informed that it is needed for an emergency call and in fact the line is needed for an emergency call and there is no other reasonably apparent and immediately accessible telephone from which to make the call.

      [3.] 2.  It is unlawful for a person to secure the use of a [party line or] public telephone by falsely stating that it is needed for an emergency call.

      Sec. 3.  NRS 452.001 is hereby amended to read as follows:

      452.001  The provisions of NRS 452.001 to 452.610, inclusive:

      1.  Except NRS 452.002, 452.030 [, 452.290] and 452.300, do not apply to a person maintaining a cemetery but not operating as a cemetery authority on July 5, 1971.

      2.  Do not apply to cemeteries containing the remains of pets only.

      Sec. 4.  NRS 452.290 and 575.030 are hereby repealed.

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ê2003 Statutes of Nevada, Page 327ê

 

CHAPTER 5, AB 39

Assembly Bill No. 39–Committee on Judiciary

 

CHAPTER 5

 

AN ACT relating to the revision of statutes; directing the Legislative Counsel to resolve all nonsubstantive conflicts between legislative acts and give effect to multiple amendments to a single section of the Nevada Revised Statutes; and providing other matters properly relating thereto.

 

[Approved: March 11, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 220.120 is hereby amended to read as follows:

      220.120  1.  In preparing the annotations and keeping Nevada Revised Statutes current, the Legislative Counsel is authorized:

      (a) To adopt such system of numbering as he deems practical.

      (b) To cause the revision to be published in a number of volumes deemed convenient.

      (c) To cause the volumes to be bound in loose-leaf binders of good, and so far as possible, permanent quality.

      2.  The pages of Nevada Revised Statutes must conform in size and printing style to the pages of the Statutes of Nevada, and roman style type must be used.

      3.  The Legislative Counsel shall classify and arrange the entire body of statute laws in logical order throughout the volumes, the arrangement to be such as will enable subjects of a kindred nature to be placed under one general head, with necessary cross references.

      4.  Notes of decisions of the Supreme Court, historical references and other material must be printed and arranged in such manner as the Legislative Counsel finds will promote the usefulness thereof.

      5.  The Legislative Counsel in keeping Nevada Revised Statutes current shall not alter the sense, meaning or effect of any legislative act, but may renumber sections and parts of sections thereof, change the wording of headnotes, rearrange sections, change reference numbers or words to agree with renumbered chapters or sections, substitute the word “chapter” for “article” and the like, substitute figures for written words and vice versa, change capitalization for the purpose of uniformity and correct manifest clerical or typographical errors.

      6.  The Legislative Counsel may create new titles, chapters and sections of Nevada Revised Statutes, or otherwise revise the title, chapter and sectional organization of Nevada Revised Statutes, all as may be required from time to time, to effectuate the orderly and logical arrangement of the statutes. Any new titles, chapters, sections and organizational revisions have the same force and effect as the 58 titles originally enacted and designated as the Nevada Revised Statutes pursuant to chapter 2, Statutes of Nevada 1957.

      7.  The Legislative Counsel shall assign NRS numbers to such new permanent and general laws enacted at any legislative session.

      8.  The Legislative Counsel shall resolve all nonsubstantive conflicts between multiple laws enacted at any legislative session as if made by a single enactment.


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ê2003 Statutes of Nevada, Page 328 (Chapter 5, AB 39)ê

 

single enactment. If multiple amendments to a single section of NRS are made during a legislative session, such amendments are all effective and must be compiled in a manner that is consistent with the intent of the Legislature as determined by the Legislative Counsel.

      Sec. 2.  NRS 220.170 is hereby amended to read as follows:

      220.170  1.  The master copy of Nevada Revised Statutes, as printed and bound in accordance with NRS 220.130, must contain a certificate of the Director of the Statute Revision Commission that he has compared each section thereof with the original section of the enrolled bill by which Nevada Revised Statutes was adopted and enacted, and that the sections in the published edition are correctly copied. All other printed and bound copies of Nevada Revised Statutes must contain a copy of the certificate.

      2.  Each set of replacement or supplementary pages, prepared in accordance with NRS 220.160 and published before January 1, 1963, for inclusion in the master copy of Nevada Revised Statutes, must be accompanied by a certificate of the Director of the Statute Revision Commission, and each set published after January 1, 1963, by a certificate of the Legislative Counsel, that he has compared each section thereof with the original section of the enrolled bill, and that, with the exception of the changes authorized by law, the sections set forth in the replacement or supplementary pages are correctly copied. All other sets of replacement or supplementary pages must be accompanied by a copy of the certificate. All such certificates must be inserted in the bound copies of Nevada Revised Statutes in chronological order immediately following the initial certificate of the Director.

      3.  Copies of Nevada Revised Statutes, as printed, published, revised, supplemented and certified in accordance with this chapter, constitute the official codified version of Statutes of Nevada and may be cited as prima facie evidence of the law in all of the courts of this state. [That] Except as otherwise provided in this subsection, that evidence may be rebutted by proof that the statutes cited differ from the official Statutes of Nevada. That evidence may not be rebutted by proof that the statutes differ from the official Statutes of Nevada in a manner authorized pursuant to NRS 220.120.

      4.  Nevada Revised Statutes and its component parts may be cited as follows:

      (a) Nevada Revised Statutes: NRS

      (b) A title: title 00 of NRS

      (c) A chapter: chapter 000 of NRS

      (d) A section: NRS 000.000

      Sec. 3.  This act becomes effective upon passage and approval.

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ê2003 Statutes of Nevada, Page 329ê

 

CHAPTER 6, AB 26

Assembly Bill No. 26–Assemblyman Oceguera

 

CHAPTER 6

 

AN ACT relating to tort actions; providing immunity from liability to certain governmental entities and actors for damages caused by equipment or other personal property donated by any of them to a volunteer fire department; and providing other matters properly relating thereto.

 

[Approved: March 11, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:

      No action may be brought under NRS 41.031 or against an immune contractor or an officer or employee of the State or any of its agencies or political subdivisions for damages caused by any equipment or other personal property that was provided by any of them, in good faith and without charge, to a volunteer fire department for use by the volunteer fire department in carrying out its duties.

      Sec. 2.  NRS 41.0307 is hereby amended to read as follows:

      41.0307  As used in NRS 41.0305 to 41.039, inclusive [:] , and section 1 of this act:

      1.  “Employee” includes an employee of a:

      (a) Part-time or full-time board, commission or similar body of the State or a political subdivision of the State which is created by law.

      (b) Charter school.

      2.  “Employment” includes any services performed by an immune contractor.

      3.  “Immune contractor” means any natural person, professional corporation or professional association which:

      (a) Is an independent contractor with the State pursuant to NRS 284.173; and

      (b) Contracts to provide medical services for the Department of Corrections.

As used in this subsection, “professional corporation” and “professional association” have the meanings ascribed to them in NRS 89.020.

      4.  “Public officer” or “officer” includes:

      (a) A member of a part-time or full-time board, commission or similar body of the State or a political subdivision of the state which is created by law.

      (b) A public defender and any deputy or assistant attorney of a public defender or an attorney appointed to defend a person for a limited duration with limited jurisdiction.

      (c) A district attorney and any deputy or assistant district attorney or an attorney appointed to prosecute a person for a limited duration with limited jurisdiction.

      Sec. 3.  NRS 41.031 is hereby amended to read as follows:

      41.031  1.  The State of Nevada hereby waives its immunity from liability and action and hereby consents to have its liability determined in accordance with the same rules of law as are applied to civil actions against natural persons and corporations, except as otherwise provided in NRS 41.032 to 41.038, inclusive, and section 1 of this act, 485.318, subsection 3 and any statute which expressly provides for governmental immunity, if the claimant complies with the limitations of NRS 41.010 or the limitations of NRS 41.032 to 41.036, inclusive.


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ê2003 Statutes of Nevada, Page 330 (Chapter 6, AB 26)ê

 

accordance with the same rules of law as are applied to civil actions against natural persons and corporations, except as otherwise provided in NRS 41.032 to 41.038, inclusive, and section 1 of this act, 485.318, subsection 3 and any statute which expressly provides for governmental immunity, if the claimant complies with the limitations of NRS 41.010 or the limitations of NRS 41.032 to 41.036, inclusive. The State of Nevada further waives the immunity from liability and action of all political subdivisions of the State, and their liability must be determined in the same manner, except as otherwise provided in NRS 41.032 to 41.038, inclusive, and section 1 of this act, subsection 3 and any statute which expressly provides for governmental immunity, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive.

      2.  An action may be brought under this section against the State of Nevada or any political subdivision of the State. In any action against the State of Nevada, the action must be brought in the name of the State of Nevada on relation of the particular department, commission, board or other agency of the State whose actions are the basis for the suit. An action against the State of Nevada must be filed in the county where the cause or some part thereof arose or in Carson City. In an action against the State of Nevada, the summons and a copy of the complaint must be served upon:

      (a) The Attorney General, or a person designated by the Attorney General, at the Office of the Attorney General in Carson City; and

      (b) The person serving in the office of administrative head of the named agency.

      3.  The State of Nevada does not waive its immunity from suit conferred by Amendment XI of the Constitution of the United States.

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CHAPTER 7, SB 263

Senate Bill No. 32—Committee on Human Resources and Facilities

 

CHAPTER 7

 

AN ACT relating to the Fund for a Healthy Nevada; providing that allocations by the Task Force for the Fund for a Healthy Nevada of money from the Fund may be done by contract or grant; requiring at least one competitive round of requests for proposals each biennium for the distribution of certain money from the Fund; and providing other matters properly relating thereto.

 

[Approved: March 11, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 439.630 is hereby amended to read as follows:

      439.630  1.  The Task Force for the Fund for a Healthy Nevada shall:

      (a) Conduct public hearings to accept public testimony from a wide variety of sources and perspectives regarding existing or proposed programs that:

             (1) Promote public health;


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ê2003 Statutes of Nevada, Page 331 (Chapter 7, SB 263)ê

 

             (2) Improve health services for children, senior citizens and persons with disabilities;

             (3) Reduce or prevent the use of tobacco;

             (4) Reduce or prevent the abuse of and addiction to alcohol and drugs; and

             (5) Offer other general or specific information on health care in this state.

      (b) Establish a process to evaluate the health and health needs of the residents of this state and a system to rank the health problems of the residents of this state, including, without limitation, the specific health problems that are endemic to urban and rural communities.

      (c) Reserve not more than 30 percent of all revenues deposited in the Fund for a Healthy Nevada each year for direct expenditure by the Department to pay for prescription drugs and pharmaceutical services for senior citizens pursuant to NRS 439.635 to 439.690, inclusive. From the money reserved to the Department pursuant to this paragraph, the Department shall subsidize all of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services pursuant to NRS 439.635 to 439.690, inclusive. The Department shall consider recommendations from the Task Force for the Fund for a Healthy Nevada in carrying out the provisions of NRS 439.635 to 439.690, inclusive. The Department shall submit a quarterly report to the Governor, the Task Force for the Fund for a Healthy Nevada and the Interim Finance Committee regarding the general manner in which expenditures have been made pursuant to this paragraph and the status of the program.

      (d) Reserve not more than 30 percent of all revenues deposited in the Fund for a Healthy Nevada each year for allocation by the Aging Services Division of the Department in the form of grants for existing or new programs that assist senior citizens with independent living, including, without limitation, programs that provide:

             (1) Respite care or relief of family caretakers;

             (2) Transportation to new or existing services to assist senior citizens in living independently; and

             (3) Care in the home which allows senior citizens to remain at home instead of in institutional care.

The Aging Services Division of the Department shall consider recommendations from the Task Force for the Fund for a Healthy Nevada concerning the independent living needs of senior citizens.

      (e) Allocate , by contract or grant, for expenditure not more than 20 percent of all revenues deposited in the Fund for a Healthy Nevada each year for programs that prevent, reduce or treat the use of tobacco and the consequences of the use of tobacco.

      (f) Allocate , by contract or grant, for expenditure not more than 20 percent of all revenues deposited in the Fund for a Healthy Nevada each year for programs that improve health services for children and the health and well-being of persons with disabilities.

      (g) Maximize expenditures through local, federal and private matching contributions.

      (h) Ensure that any money expended from the Fund for a Healthy Nevada will not be used to supplant existing methods of funding that are available to public agencies.


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      (i) Develop policies and procedures for the administration and distribution of contracts, grants and other expenditures to state agencies, political subdivisions of this state, nonprofit organizations, universities and community colleges. A condition of any such contract or grant must be that not more than 8 percent of the contract or grant may be used for administrative expenses or other indirect costs. The procedures must require at least one competitive round of requests for proposals per [fiscal year.] biennium.

      (j) To make the allocations required by paragraphs (e) and (f):

             (1) Prioritize and quantify the needs for these programs;

             (2) Develop, solicit and accept [grant] applications for allocations;

             (3) Conduct annual evaluations of programs to which allocations have been awarded; and

             (4) Submit annual reports concerning the programs to the Governor and the Interim Finance Committee.

      (k) Transmit a report of all findings, recommendations and expenditures to the Governor and each regular session of the Legislature.

      2.  The Task Force may take such other actions as are necessary to carry out its duties.

      3.  The Department shall take all actions necessary to ensure that all allocations for expenditures made by the Task Force are carried out as directed by the Task Force.

      4.  To make the allocations required by paragraph (d) of subsection 1, the Aging Services Division of the Department shall:

      (a) Prioritize and quantify the needs of senior citizens for these programs;

      (b) Develop, solicit and accept grant applications for allocations;

      (c) As appropriate, expand or augment existing state programs for senior citizens upon approval of the Interim Finance Committee;

      (d) Award grants or other allocations;

      (e) Conduct annual evaluations of programs to which grants or other allocations have been awarded; and

      (f) Submit annual reports concerning the grant program to the Governor and the Interim Finance Committee.

      5.  The Aging Services Division of the Department shall submit each proposed grant which would be used to expand or augment an existing state program to the Interim Finance Committee for approval before the grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money. The Aging Services Division of the Department shall not expend or transfer any money allocated to the Aging Services Division pursuant to this section to subsidize any portion of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services pursuant to NRS 439.635 to 439.690, inclusive.

      6.  The Department, on behalf of the Task Force, shall submit each allocation proposed pursuant to paragraph (e) or (f) of subsection 1 which would be used to expand or augment an existing state program to the Interim Finance Committee for approval before the contract or grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money.


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      Sec. 2.  This act becomes effective on July 1, 2003.

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CHAPTER 8, AB 263

Assembly Bill No. 263–Committee on Ways and Means

 

CHAPTER 8

 

AN ACT relating to public employees’ benefits; reducing the number of days of notice that participants in the Public Employees’ Benefits Program must be given before being required to select or change a policy of health insurance that will result in a change in premiums or coverage; and providing other matters properly relating thereto.

 

[Approved: March 13, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 287.043 is hereby amended to read as follows:

      287.043  1.  The Board shall:

      (a) Establish and carry out a program to be known as the Public Employees’ Benefits Program which:

             (1) Must include a program relating to group life, accident or health insurance, or any combination of these; and

             (2) May include a program to reduce taxable compensation or other forms of compensation other than deferred compensation,

for the benefit of all state officers and employees and other persons who participate in the Program.

      (b) Ensure that the Program is funded on an actuarially sound basis and operated in accordance with sound insurance and business practices.

      2.  In establishing and carrying out the Program, the Board shall:

      (a) For the purpose of establishing actuarial data to determine rates and coverage for active and retired state officers and employees and their dependents, commingle the claims experience of such active and retired officers and employees and their dependents.

      (b) Except as otherwise provided in this paragraph, negotiate and contract with the governing body of any public agency enumerated in NRS 287.010 that wishes to obtain group insurance for its officers, employees and retired employees by participation in the Program. The Board shall establish separate rates and coverage for those officers, employees and retired employees based on actuarial reports.

      (c) Except as otherwise provided in paragraph (d), provide public notice in writing of any proposed changes in rates or coverage to each participating public employer who may be affected by the changes. Notice must be provided at least 30 days before the effective date of the changes.

      (d) If a proposed change is a change in the premium charged for or coverage of health insurance, provide written notice of the proposed change to all state officers, employees, retired employees and other persons who participate in the Program who may be affected by the proposed change. The notice must be provided at least [60] 30 days before the date a state officer, employee, retired employee or other person is required to select or change his policy of health insurance.


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      (e) Purchase policies of life, accident or health insurance, or any combination of these, or, if applicable, a program to reduce the amount of taxable compensation pursuant to 26 U.S.C. § 125, from any company qualified to do business in this state or provide similar coverage through a plan of self-insurance established pursuant to NRS 287.0433 for the benefit of all eligible public officers, employees and retired employees who participate in the Program.

      (f) Except as otherwise provided in this title, develop and establish other employee benefits as necessary.

      (g) Investigate and approve or disapprove any contract proposed pursuant to NRS 287.0479.

      (h) Adopt such regulations and perform such other duties as are necessary to carry out the provisions of NRS 287.0402 to 287.049, inclusive, including, without limitation, the establishment of:

             (1) Fees for applications for participation in the Program and for the late payment of premiums or contributions;

             (2) Conditions for entry and reentry into the Program by public agencies enumerated in NRS 287.010;

             (3) The levels of participation in the Program required for employees of participating public agencies;

             (4) Procedures by which a group of participants in the Program may leave the Program pursuant to NRS 287.0479 and conditions and procedures for reentry into the Program by those participants; and

             (5) Specific procedures for the determination of contested claims.

      (i) Appoint an independent certified public accountant. The accountant shall:

             (1) Provide an annual audit of the Program; and

             (2) Report to the Board and the Interim Retirement and Benefits Committee of the Legislature created pursuant to NRS 218.5373.

      (j) Appoint an attorney who specializes in employee benefits. The attorney shall:

             (1) Perform a biennial review of the Program to determine whether the Program complies with federal and state laws relating to taxes and employee benefits; and

             (2) Report to the Board and the Interim Retirement and Benefits Committee of the Legislature created pursuant to NRS 218.5373.

      3.  The Board shall submit an annual report regarding the administration and operation of the Program to the Director of the Legislative Counsel Bureau not more than 6 months before the Board establishes rates and coverage for members for the following calendar year. The report must include, without limitation:

      (a) The amount paid by the Program in the preceding calendar year for the claims of active and retired state officers and employees; and

      (b) The amount paid by the Program in the preceding calendar year for the claims of retired members of the Program who were provided coverage for medical or hospital service, or both, by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., or a plan that provides similar coverage.

      4.  The Board may use any services provided to state agencies and shall use the services of the Purchasing Division of the Department of Administration to establish and carry out the Program.


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ê2003 Statutes of Nevada, Page 335 (Chapter 8, AB 263)ê

 

      5.  The Board may make recommendations to the Legislature concerning legislation that it deems necessary and appropriate regarding the Program.

      6.  The State and any other public employers that participate in the Program are not liable for any obligation of the Program other than indemnification of the Board and its employees against liability relating to the administration of the Program, subject to the limitations specified in NRS 41.0349.

      7.  As used in this section, “employee benefits” includes any form of compensation provided to a public employee except federal benefits, wages earned, legal holidays, deferred compensation and benefits available pursuant to chapter 286 of NRS.

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

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CHAPTER 9, AB 252

Assembly Bill No. 252–Committee on Ways and Means

 

CHAPTER 9

 

AN ACT making an appropriation to the State General Fund from the Fund to Stabilize the Operation of the State Government; and providing other matters properly relating thereto.

 

[Approved: March 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the Fund to Stabilize the Operation of the State Government created by NRS 353.288 to the State General Fund the sum of $135,000,000.

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

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CHAPTER 10, AB 22

Assembly Bill No. 22–Assemblywoman Koivisto

 

CHAPTER 10

 

AN ACT relating to nursing; defining certain terms related to the regulation of nursing; revising the requirements for the licensure of nurses; and providing other matters properly relating thereto.

 

[Approved: March 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 632 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  “Accredited school of practical nursing” means a school of practical nursing which is accredited by a nationally recognized association or an agency authorized by law to accredit schools of practical nursing in the state in which the school is located.


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association or an agency authorized by law to accredit schools of practical nursing in the state in which the school is located.

      Sec. 3.  “Accredited school of professional nursing” means a school of professional nursing which is accredited by a nationally recognized association or an agency authorized by law to accredit schools of professional nursing in the state in which the school is located.

      Sec. 4.  “Approved school of practical nursing” means a school of practical nursing that is approved by the Board as meeting the standards for practical nursing education established by the Board pursuant to NRS 632.430.

      Sec. 5.  “Approved school of professional nursing” means a school of professional nursing that is approved by the Board as meeting the standards for professional nursing education established by the Board pursuant to NRS 632.440 to 632.470, inclusive.

      Sec. 6.  NRS 632.010 is hereby amended to read as follows:

      632.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 632.011 to 632.0195, inclusive, and sections 2 to 5, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 7.  NRS 632.011 is hereby amended to read as follows:

      632.011  “Accredited school of nursing” means a school of nursing which is accredited by a nationally recognized association or an agency authorized by law to accredit [or approve] schools of nursing in the state in which the school is located.

      Sec. 8.  NRS 632.120 is hereby amended to read as follows:

      632.120  1.  The Board shall:

      (a) Adopt regulations establishing reasonable standards:

             (1) For the denial, renewal, suspension and revocation of, and the placement of conditions, limitations and restrictions upon, a license to practice professional or practical nursing or a certificate to practice as a nursing assistant.

             (2) Of professional conduct for the practice of nursing.

             (3) For prescribing and dispensing controlled substances and dangerous drugs in accordance with applicable statutes.

      (b) Prepare and administer examinations for the issuance of a license or certificate under this chapter.

      (c) Investigate and determine the eligibility of an applicant for a license or certificate under this chapter.

      (d) Carry out and enforce the provisions of this chapter and the regulations adopted pursuant thereto.

      2.  The Board may adopt regulations establishing reasonable:

      (a) Qualifications for the issuance of a license or certificate under this chapter.

      (b) Standards for the continuing professional competence of licensees or holders of a certificate. The Board may evaluate licensees or holders of a certificate periodically for compliance with those standards.

      3.  The Board may adopt regulations establishing a schedule of reasonable fees and charges, in addition to those set forth in NRS 632.345, for:

      (a) Investigating licensees or holders of a certificate and applicants for a license or certificate under this chapter;


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ê2003 Statutes of Nevada, Page 337 (Chapter 10, AB 22)ê

 

      (b) Evaluating the professional competence of licensees or holders of a certificate;

      (c) Conducting hearings pursuant to this chapter;

      (d) Duplicating and verifying records of the Board; and

      (e) Surveying, evaluating and approving schools of practical nursing, and schools and courses of professional nursing,

and collect the fees established pursuant to this subsection.

      4.  For the purposes of this chapter, the Board shall, by regulation, define the term “in the process of obtaining accreditation.”

      5.  The Board may adopt such other regulations, not inconsistent with state or federal law, as may be necessary to carry out the provisions of this chapter relating to nursing assistant trainees and nursing assistants.

      [5.] 6.  The Board may adopt such other regulations, not inconsistent with state or federal law, as are necessary to enable it to administer the provisions of this chapter.

      Sec. 9.  NRS 632.140 is hereby amended to read as follows:

      632.140  1.  Every applicant for a license to practice as a professional nurse in the State of Nevada [shall] must submit to the Board written evidence under oath that he:

      (a) Is of good moral character.

      (b) Is in good physical and mental health.

      (c) Has completed a course of study in [an] :

             (1) An accredited school of professional nursing and holds a diploma therefrom [.] ; or

             (2) An approved school of professional nursing in the process of obtaining accreditation and holds a diploma therefrom.

      (d) Meets such other reasonable preliminary qualification requirements as the Board may from time to time prescribe.

      2.  Each applicant [shall] must remit the fee required by this chapter with his application for a license to practice as a professional nurse in this state.

      Sec. 10.  NRS 632.270 is hereby amended to read as follows:

      632.270  Each applicant for a license to practice as a practical nurse [shall] must submit to the Board written evidence, under oath, that he:

      1.  Is of good moral character.

      2.  Has a high school diploma or its equivalent as determined by the State Board of Education.

      3.  Is at least 18 years of age.

      4.  Has:

      (a) Successfully completed the prescribed course of study in an accredited school of practical nursing or an accredited school of professional nursing, and been awarded a diploma by the school; [or]

      (b) Successfully completed the prescribed course of study in an approved school of practical nursing in the process of obtaining accreditation or an approved school of professional nursing in the process of obtaining accreditation, and been awarded a diploma by the school; or

      (c) Been registered or licensed as a registered nurse under the laws of another jurisdiction.

      5.  Meets any other qualifications prescribed in regulations of the Board.

      Sec. 11.  NRS 632.343 is hereby amended to read as follows:

      632.343  1.  The Board shall not renew any license issued under this chapter until the licensee has submitted proof satisfactory to the Board of completion, during the 2-year period before renewal of the license, of 30 hours in a program of continuing education approved by the Board.


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ê2003 Statutes of Nevada, Page 338 (Chapter 10, AB 22)ê

 

completion, during the 2-year period before renewal of the license, of 30 hours in a program of continuing education approved by the Board. The licensee is exempt from this provision for the first biennial period after graduation from [an] :

      (a) An accredited school of professional nursing [or] ;

      (b) An accredited school of practical nursing [.] ;

      (c) An approved school of professional nursing in the process of obtaining accreditation; or

      (d) An approved school of practical nursing in the process of obtaining accreditation.

      2.  The Board shall review all courses offered to nurses for the completion of the requirement set forth in subsection 1. The Board may approve nursing and other courses which are directly related to the practice of nursing as well as others which bear a reasonable relationship to current developments in the field of nursing or any special area of practice in which a licensee engages. These may include academic studies, workshops, extension studies, home study and other courses.

      Sec. 12.  NRS 632.430 is hereby amended to read as follows:

      632.430  1.  The Board may prescribe standards and curricula for schools of practical nursing, visit, survey and approve those schools, and remove those schools from a list of approved schools of nursing for just cause.

      2.  A school of practical nursing in this state must be:

      (a) An accredited school of practical nursing; or

      (b) An approved school of practical nursing in the process of obtaining accreditation.

      Sec. 13.  NRS 632.440 is hereby amended to read as follows:

      632.440  1.  The Board shall prescribe curricula and standards for schools and courses of professional nursing. The Board shall provide for surveys of such schools and courses at such times as it may deem necessary. It shall approve such schools and courses as meet the requirements of this chapter and of the Board. It shall evaluate and approve courses for affiliation with approved schools of nursing in this state or with schools of nursing which have applied for such approval.

      2.  A school of professional nursing in this state must be:

      (a) An accredited school of professional nursing; or

      (b) An approved school of professional nursing in the process of obtaining accreditation.

      Sec. 14.  This act becomes effective upon passage and approval.

________

 


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ê2003 Statutes of Nevada, Page 339ê

 

CHAPTER 11, AB 33

Assembly Bill No. 33–Assemblyman Horne

 

CHAPTER 11

 

AN ACT relating to crimes; providing for an additional penalty to be imposed upon a person who is convicted of manufacturing methamphetamines in certain circumstances; and providing other matters properly relating thereto.

 

[Approved: March 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 453 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Unless a greater penalty is provided by law, and except as otherwise provided in NRS 193.169, any person who violates NRS 453.322, 453.3385 or 453.3395 where the violation included the manufacture of any material, compound, mixture or preparation which contains any quantity of methamphetamine:

      (a) Within 500 feet of a residence, business, church, synagogue or other place of religious worship, public or private school, campus of the University and Community College System of Nevada, playground, public park, public swimming pool or recreational center for youths;

      (b) In the presence of a person who is less than 18 years of age; or

      (c) In a manner which creates a great risk of death or substantial bodily harm to another person,

shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this section runs consecutively with the sentence prescribed by statute for the crime.

      2.  This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

      3.  For the purposes of this section:

      (a) “Playground” has the meaning ascribed to it in NRS 453.3345.

      (b) “Recreational center for youths” has the meaning ascribed to it in NRS 453.3345.

      (c) “Residence” means any house, room, apartment, tenement, manufactured home as defined in NRS 489.113, or mobile home as defined in NRS 489.120, that is designed or intended for occupancy.

      Sec. 2.  NRS 193.169 is hereby amended to read as follows:

      193.169  1.  A person who is sentenced to an additional term of imprisonment pursuant to the provisions of subsection 1 of NRS 193.161, NRS 193.162, 193.163, 193.165, 193.167, 193.1675, 193.168 or 453.3345 or section 1 of this act must not be sentenced to an additional term of imprisonment pursuant to any of the other listed sections even if the person’s conduct satisfies the requirements for imposing an additional term of imprisonment pursuant to another one or more of those sections.

      2.  A person who is sentenced to an alternative term of imprisonment pursuant to subsection 2 of NRS 193.161 must not be sentenced to an additional term of imprisonment pursuant to subsection 1 of NRS 193.161, NRS 193.162, 193.163, 193.165, 193.167, 193.1675, 193.168 or 453.3345 or section 1 of this act even if the person’s conduct satisfies the requirements for imposing an additional term of imprisonment pursuant to another one or more of those sections.


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ê2003 Statutes of Nevada, Page 340 (Chapter 11, AB 33)ê

 

additional term of imprisonment pursuant to subsection 1 of NRS 193.161, NRS 193.162, 193.163, 193.165, 193.167, 193.1675, 193.168 or 453.3345 or section 1 of this act even if the person’s conduct satisfies the requirements for imposing an additional term of imprisonment pursuant to another one or more of those sections.

      3.  This section does not:

      (a) Affect other penalties or limitations upon probation or suspension of a sentence contained in the sections listed in subsection 1 or 2.

      (b) Prohibit alleging in the alternative in the indictment or information that the person’s conduct satisfies the requirements of more than one of the sections listed in subsection 1 or 2 and introducing evidence to prove the alternative allegations.

________

 

CHAPTER 12, AB 93

Assembly Bill No. 93–Committee on Judiciary

 

CHAPTER 12

 

AN ACT relating to electronic transmissions; providing certain requirements to identify advertisements in electronic mail; increasing liability for improperly transmitting electronic mail that includes an advertisement in certain circumstances; and providing other matters properly relating thereto.

 

[Approved: March 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 41.730 is hereby amended to read as follows:

      41.730  1.  Except as otherwise provided in NRS 41.735, if a person transmits or causes to be transmitted to a recipient an item of electronic mail that includes an advertisement, the person is liable to the recipient for civil damages unless:

      (a) The person has a preexisting business or personal relationship with the recipient;

      (b) The recipient has expressly consented to receive the item of electronic mail from the person; or

      (c) The advertisement is readily identifiable as promotional, or contains a statement providing that it is an advertisement, and clearly and conspicuously provides:

             (1) The legal name, complete street address and electronic mail address of the person transmitting the electronic mail; [and]

             (2) A notice that the recipient may decline to receive additional electronic mail that includes an advertisement from the person transmitting the electronic mail and the procedures for declining such electronic mail [.

      2.  If] ; and

             (3) The abbreviation “ADV” or the word “advertisement” as the first word of the subject line of the electronic mail.

      2.  Unless a greater amount of damages is provided pursuant to subsection 3, if a person is liable to a recipient pursuant to subsection 1, the recipient may recover from the person:


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ê2003 Statutes of Nevada, Page 341 (Chapter 12, AB 93)ê

 

      (a) Actual damages or damages of [$10] $50 per item of electronic mail received, whichever is greater; and

      (b) Attorney’s fees and costs.

      3.  If a person is liable to a recipient pursuant to subsection 1 and the person:

      (a) Disguised the source of the advertisement;

      (b) Used false or misleading information in the subject line of the electronic mail;

      (c) Provided a false return address;

      (d) Ignored requests made by the recipient to decline receiving additional electronic mail;

      (e) Provided a false address for declining additional electronic mail from the person; or

      (f) Obtained the electronic mail address of the recipient through a method that was not authorized by the recipient,

the recipient may recover actual damages or damages of $500 per item of electronic mail received, whichever is greater, and attorney’s fees and costs.

      4.  In addition to any other recovery that is allowed pursuant to subsection 2 [,] or 3, the recipient may apply to the district court of the county in which the recipient resides for an order enjoining the person from transmitting to the recipient any other item of electronic mail that includes an advertisement.

________

 

CHAPTER 13, AB 94

Assembly Bill No. 94–Committee on Judiciary

 

CHAPTER 13

 

AN ACT relating to the office of the commissioner of civil marriages; revising the provisions governing the hours of operation for the office of the commissioner of civil marriages in certain larger counties; and providing other matters properly relating thereto.

 

[Approved: March 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 122.183 is hereby amended to read as follows:

      122.183  [1.  In a county whose population is 400,000 or more, the hours of operation for the office of the commissioner of civil marriages must be the same as the hours of the office in which marriage licenses are issued at the county seat.

      2.  In a county whose population is less than 400,000, the] The board of county commissioners may, by ordinance, determine the hours of operation for the office of the commissioner of civil marriages.

      Sec. 2.  This act becomes effective on July 1, 2003.

________

 


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ê2003 Statutes of Nevada, Page 342ê

 

CHAPTER 14, AB 101

Assembly Bill No. 101–Assemblymen Anderson, Giunchigliani, Parks, Brown, Buckley, Conklin, Oceguera, Ohrenschall and Sherer

 

CHAPTER 14

 

AN ACT relating to trusts; providing that divorce or annulment of the marriage of a settlor revokes certain provisions of a revocable inter vivos trust related to the former spouse under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: March 26, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 163 of NRS is hereby amended by adding thereto a new section to read as follows:

      Divorce or annulment of the marriage of a settlor revokes every devise, beneficial interest or designation to serve as trustee given by the settlor to the former spouse of the settlor in a revocable inter vivos trust executed before the entry of the decree of divorce or annulment unless otherwise:

      1.  Provided in a property or separation agreement that is approved by the court in the divorce or annulment proceedings; or

      2.  Ordered by the court in the divorce or annulment proceedings,

and the revocable inter vivos trust provisions take effect in the same manner as if the spouse had predeceased the trustor.

________

 

CHAPTER 15, AB 27

Assembly Bill No. 27–Committee on Judiciary

 

CHAPTER 15

 

AN ACT relating to child support; revising the method for adjusting the presumptive maximum amounts of child support owed by noncustodial parents; and providing other matters properly relating thereto.

 

[Approved: March 27, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 125B.070 is hereby amended to read as follows:

      125B.070  1.  As used in this section and NRS 125B.080, unless the context otherwise requires:

      (a) “Gross monthly income” means the total amount of income received each month from any source of a person who is not self-employed or the gross income from any source of a self-employed person, after deduction of all legitimate business expenses, but without deduction for personal income taxes, contributions for retirement benefits, contributions to a pension or for any other personal expenses.


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ê2003 Statutes of Nevada, Page 343 (Chapter 15, AB 27)ê

 

      (b) “Obligation for support” means the sum certain dollar amount determined according to the following schedule:

             (1) For one child, 18 percent;

             (2) For two children, 25 percent;

             (3) For three children, 29 percent;

             (4) For four children, 31 percent; and

             (5) For each additional child, an additional 2 percent,

of a parent’s gross monthly income, but not more than the presumptive maximum amount per month per child set forth for the parent in subsection 2 for an obligation for support determined pursuant to subparagraphs (1) to (4), inclusive, unless the court sets forth findings of fact as to the basis for a different amount pursuant to subsection 6 of NRS 125B.080.

      2.  For the purposes of paragraph (b) of subsection 1, the presumptive maximum amount per month per child for an obligation for support, as adjusted pursuant to subsection 3, is:

 

                                                                 PRESUMPTIVE MAXIMUM AMOUNT

                                                                 The Presumptive Maximum Amount the

        INCOME RANGE                                        Parent May Be Required to Pay

      If the Parent’s Gross                  But             per Month per Child Pursuant to

Monthly Income is at Least    Less Than       Paragraph (b) of Subsection 1 Is

 

                       $0           -                $4,168                                      $500

                  4,168           -                  6,251                                        550

                  6,251           -                  8,334                                        600

                  8,334           -                10,418                                        650

               10,418           -                12,501                                        700

               12,501           -                14,583                                        750

 

If a parent’s gross monthly income is equal to or greater than $14,583, the presumptive maximum amount the parent may be required to pay pursuant to paragraph (b) of subsection 1 is $800.

      3.  The presumptive maximum amounts set forth in subsection 2 for [each income range and the corresponding amount of] the obligation for support must be adjusted on July 1 of each year for the fiscal year beginning that day and ending June 30 in a rounded dollar amount corresponding to the percentage of increase or decrease in the Consumer Price Index (All Items) published by the United States Department of Labor for the preceding calendar year. On April 1 of each year, the Office of Court Administrator shall determine the amount of the increase or decrease required by this subsection, establish the adjusted amounts to take effect on July 1 of that year and notify each district court of the adjusted amounts.

      4.  As used in this section, “Office of Court Administrator” means the Office of Court Administrator created pursuant to NRS 1.320.

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

________

 


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ê2003 Statutes of Nevada, Page 344ê

 

CHAPTER 16, AB 46

Assembly Bill No. 46–Assemblymen Grady, Collins, Goicoechea, Hettrick, Koivisto, Marvel, McClain and Sherer

 

CHAPTER 16

 

AN ACT relating to counties; revising the requirements for the publication of notice of certain meetings of the board of county commissioners; and providing other matters properly relating thereto.

 

[Approved: March 27, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 244.085 is hereby amended to read as follows:

      244.085  1.  Except as otherwise provided in this section, the meetings of the boards of county commissioners must be held at the county seats of their respective counties, or at a place not more than 10 miles from the county seat within the boundaries of the county, at least once in each calendar month, on a day or days to be fixed by ordinance.

      2.  If the day fixed by ordinance falls on a Saturday or on a nonjudicial day, the meeting must be held on the next judicial day.

      3.  The first meeting of the board in odd-numbered years must be held on the first Monday in January, but if the first Monday in January is a nonjudicial day, the meeting must be held on the next judicial day.

      4.  The meeting day and place as fixed by ordinance must remain unchanged, unless notice of a proposed change is published once a week for [3] 2 consecutive weeks in a newspaper of general circulation in the county.

      5.  Additional meetings of the board of county commissioners may be held at any place within the boundaries of the county. If the board meets outside the county seat, notice of the meeting must be given by publication once a week for [3] 2 consecutive weeks in a newspaper of general circulation published in the county or by publication for 1 week in two or more newspapers of general circulation published in the county.

      6.  At a meeting held outside the county seat, the board of county commissioners may, in accordance with NRS 241.020, take final action on any matter except zoning or planning matters which relate to a different geographical area than the geographical area in which the meeting is held.

      7.  The board may meet with the governing body of another governmental unit at any location, including, without limitation, a location outside the county, but the meeting may not be held at a place which is more than 10 miles from the county seat unless the board, in addition to complying with all other requirements for notice of a meeting of the board, provides notice by publication in a newspaper of general circulation within the county, for at least 3 working days before the meeting, of the date, time and place of the meeting. In no case may the board take any official action at such a meeting.

      8.  Members of the board may attend conventions, conferences, seminars, congressional hearings or other federal hearings to gather specific information or conduct the official business of the association or sponsoring organization at any location if no action is taken by the board in the course of such activity.


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ê2003 Statutes of Nevada, Page 345 (Chapter 16, AB 46)ê

 

organization at any location if no action is taken by the board in the course of such activity.

________

 

CHAPTER 17, AB 129

Assembly Bill No. 129–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 17

 

AN ACT relating to the State Department of Conservation and Natural Resources; requiring the interest earned on the money deposited in certain accounts or funds for use by the Department to be credited to those accounts or funds; providing that certain money collected for purposes of the Program for the Voluntary Cleanup of Hazardous Substances and Relief From Liability must be deposited in the Account for the Management of Hazardous Waste; and providing other matters properly relating thereto.

 

[Approved: March 27, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 445B.590 is hereby amended to read as follows:

      445B.590  1.  The Account for the Management of Air Quality is hereby created in the State General Fund, to be administered by the Department.

      2.  Money in the Account for the Management of Air Quality must be expended only:

      (a) To carry out and enforce the provisions of NRS 445B.100 to 445B.640, inclusive, and of any regulations adopted pursuant to those sections, including, without limitation, the direct and indirect costs of:

             (1) Preparing regulations and recommendations for legislation regarding those provisions;

             (2) Furnishing guidance for compliance with those provisions;

             (3) Reviewing and acting upon applications for operating permits;

             (4) Administering and enforcing the terms and conditions of operating permits;

             (5) Monitoring emissions and the quality of the ambient air;

             (6) Preparing inventories and tracking emissions;

             (7) Performing modeling, analyses and demonstrations; and

             (8) Establishing and administering a program for the provision of assistance, pursuant to 42 U.S.C. § 7661f, to small businesses operating stationary sources; and

      (b) In any other manner required as a condition to the receipt of federal money for the purposes of NRS 445B.100 to 445B.640, inclusive.

      3.  All interest earned on the money in the Account for the Management of Air Quality must be credited to the Account. Claims against the Account for the Management of Air Quality must be paid as other claims against the State are paid.


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ê2003 Statutes of Nevada, Page 346 (Chapter 17, AB 129)ê

 

      Sec. 2.  NRS 459.3824 is hereby amended to read as follows:

      459.3824  1.  The owner of a regulated facility shall pay to the Division an annual fee based on the fiscal year. The annual fee for each facility is the sum of a base fee set by the State Environmental Commission and any additional fee imposed by the Commission pursuant to subsection 2. The annual fee must be prorated and may not be refunded.

      2.  The State Environmental Commission may impose an additional fee upon the owner of a regulated facility in an amount determined by the Commission to be necessary to enable the Division to carry out its duties pursuant to NRS 459.380 to 459.3874, inclusive. The additional fee must be based on a graduated schedule adopted by the Commission which takes into consideration the quantity of hazardous substances located at each facility.

      3.  After the payment of the initial annual fee, the Division shall send the owner of a regulated facility a bill in July for the annual fee for the fiscal year then beginning which is based on the applicable reports for the preceding year.

      4.  The owner of a regulated facility shall submit, with any payment required by this section, the number assigned by the Department of Taxation, for the imposition and collection of taxes pursuant to chapter 364A of NRS, to the business for which the payment is made.

      5.  All fees collected pursuant to this section and penalties collected pursuant to NRS 459.3833, 459.3834 and 459.3874 [, and any interest earned thereon,] must be deposited with the State Treasurer for credit to the Fund for Precaution Against Chemical Accidents, which is hereby created as a special revenue fund. All interest earned on the money in the Fund must be credited to the Fund.

      Sec. 3.  NRS 459.3829 is hereby amended to read as follows:

      459.3829  1.  No owner or operator of a regulated facility may commence construction or operation of any new process subject to regulation pursuant to NRS 459.380 to 459.3874, inclusive, unless he first obtains all appropriate permits from the Division to construct the new process or commence operation of the new process, or both. Before issuing any such permits, the Division shall consult with the Division of Industrial Relations of the Department of Business and Industry.

      2.  An application for such a permit must be submitted on a form prescribed by the Division.

      3.  The Division may require the applicant to comply with requirements that it establishes by regulation before issuing any permits for construction and operation of the process.

      4.  The Division may charge and collect a fee for the issuance of such a permit. All fees collected pursuant to this section [and any interest earned thereon] must be deposited with the State Treasurer for credit to the Fund for Precaution Against Chemical Accidents created pursuant to NRS 459.3824.

      Sec. 4.  NRS 459.530 is hereby amended to read as follows:

      459.530  1.  All proceeds from agreements entered into pursuant to NRS 459.505, all application fees collected pursuant to NRS 459.634, all reimbursements and penalties recovered pursuant to NRS 459.537, and all fees collected [,] and all civil penalties imposed [and all interest accrued] pursuant to NRS 459.400 to [459.600,] 459.658, inclusive, must be deposited with the State Treasurer for credit to the Account for the Management of Hazardous Waste, which is hereby created in the State General Fund. All interest earned on the money in the Account must be credited to the Account.


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ê2003 Statutes of Nevada, Page 347 (Chapter 17, AB 129)ê

 

Account. The money in the Account must be paid as other claims against the State are paid.

      2.  The State Treasurer shall account separately for each of the fees collected pursuant to NRS 459.512.

      Sec. 5.  NRS 519A.170 is hereby amended to read as follows:

      519A.170  [Fees] All fees collected by the Division pursuant to this chapter, including, without limitation, the fees for an application for and the issuance of a permit , must be deposited with the State Treasurer for credit to the appropriate account of the Division and must be used in the administration of NRS 519A.010 to 519A.280, inclusive. All interest earned on the money credited pursuant to this section must be credited to the account to which the money was credited.

      Sec. 6.  NRS 519A.280 is hereby amended to read as follows:

      519A.280  1.  Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a person who violates any provision of NRS 519A.010 to 519A.280, inclusive, or any regulation adopted by the Commission pursuant to NRS 519A.160, is guilty of a misdemeanor and, in addition to any criminal penalty, is subject to a civil penalty imposed by the Division at a hearing for which notice has been given, in an amount determined pursuant to the schedule adopted by the Commission pursuant to NRS 519A.160.

      2.  Any money received by the Division pursuant to subsection 1 must be deposited [in the state general fund.] with the State Treasurer for credit to the appropriate account of the Division. All interest earned on the money credited pursuant to this section must be credited to the account to which the money was credited.

      Sec. 7.  This act becomes effective on July 1, 2003.

________

 

CHAPTER 18, SB 57

Senate Bill No. 57–Senator Wiener

 

CHAPTER 18

 

AN ACT relating to juvenile justice; revising certain provisions governing the program of restitution through work; and providing other matters properly relating thereto.

 

[Approved: March 27, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 62.129 is hereby amended to read as follows:

      62.129  1.  A child alleged to be delinquent or in need of supervision may be placed under the informal supervision of a probation officer if the child voluntarily admits his participation in the acts for which he was referred to the probation officer. If any of the acts would constitute a gross misdemeanor or felony if committed by an adult, the child may not be placed under informal supervision unless the district attorney approves of the placement in writing. The probation officer must advise the child and his parent, guardian or custodian that they may refuse informal supervision.

      2.  An agreement for informal supervision must be entered into voluntarily and intelligently by the child with the advice of his attorney, or by the child with the consent of a parent, guardian or custodian if the child is not represented by counsel.


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ê2003 Statutes of Nevada, Page 348 (Chapter 18, SB 57)ê

 

by the child with the consent of a parent, guardian or custodian if the child is not represented by counsel. The period of informal supervision must not exceed 180 days. The terms of the agreement must be clearly stated in writing and signed by all parties. A copy of the agreement must be given to the child, the attorney for the child, if any, the child’s parent, guardian or custodian, and the probation officer, who shall retain a copy in his file for the case. The child and his parent, guardian or custodian may terminate the agreement at any time and request the filing of a petition for formal adjudication.

      3.  An agreement for informal supervision may require a child to:

      (a) Perform community service or provide restitution to any victim of the acts for which the child was referred to the probation officer;

      (b) Participate in a program of restitution through work that is established pursuant to NRS 62.2185 if the child:

             (1) Is 14 years of age or older;

             (2) Has never been found to be within the purview of this chapter for an unlawful act that involved the use or threatened use of force or violence against a victim and has never been found to have committed such an unlawful act in any other jurisdiction [;] , unless the probation officer determines that the child would benefit from the program;

             (3) Is required to provide restitution to a victim; and

             (4) Voluntarily agrees to participate in the program of restitution through work;

      (c) Complete a program of cognitive training and human development pursuant to NRS 62.2195 if:

             (1) The child has never been found to be within the purview of this chapter; and

             (2) The unlawful act for which the child is found to be within the purview of this chapter did not involve the use or threatened use of force or violence against a victim; or

      (d) Engage in any combination of the activities set forth in paragraphs (a), (b) and (c).

      4.  If an agreement for informal supervision requires a child to participate in a program of restitution through work as set forth in paragraph (b) of subsection 3 or complete a program of cognitive training and human development as set forth in paragraph (c) of subsection 3, the agreement may also require any or all of the following, in the following order of priority if practicable:

      (a) The child or the parent or guardian of the child, to the extent of his financial ability, to pay the costs associated with the participation of the child in the program, including, without limitation, a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property during those periods in which the child participates in the program or performs work, and in the case of a program of restitution through work, for industrial insurance, unless the industrial insurance is provided by the employer for which the child performs the work; or

      (b) The child to work on projects or perform community service pursuant to paragraph (i) of subsection 1 of NRS 62.211 for a period that reflects the costs associated with the participation of the child in the program.

      5.  If a child is placed under informal supervision, a petition based upon the events out of which the original complaint arose may be filed only within 180 days after entry into the agreement for informal supervision. If a petition is filed within that period, the child may withdraw the admission he made pursuant to subsection 1.


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ê2003 Statutes of Nevada, Page 349 (Chapter 18, SB 57)ê

 

is filed within that period, the child may withdraw the admission he made pursuant to subsection 1. The child’s compliance with all proper and reasonable terms of the agreement constitute grounds for the court to dismiss the petition.

      6.  Upon the request of the court, a probation officer shall file with the court a report of the number of children placed under informal supervision during the previous year, the conditions imposed in each case and the number of cases that were successfully completed without the filing of a petition.

      Sec. 2.  NRS 62.2185 is hereby amended to read as follows:

      62.2185  1.  In addition to the options set forth in NRS 62.211 and 62.213, the court may order a child who is found to be within the purview of this chapter to participate in a program of restitution through work that is established pursuant to this section if the child:

      (a) Is 14 years of age or older;

      (b) Has never been found to be within the purview of this chapter for an unlawful act that involved the use or threatened use of force or violence against a victim and has never been found to have committed such an unlawful act in any other jurisdiction [;] , unless the court determines that the child would benefit from the program;

      (c) Is ordered to provide restitution to a victim; and

      (d) Voluntarily agrees to participate in the program of restitution through work.

      2.  If the court orders a child to participate in a program of restitution through work, the court may order any or all of the following, in the following order of priority if practicable:

      (a) The child or the parent or guardian of the child, to the extent of his financial ability, to pay the costs associated with the participation of the child in the program, including, without limitation, a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the child participates in the program or performs work, unless, in the case of industrial insurance, it is provided by the employer for which the child performs the work; or

      (b) The child to work on projects or perform community service pursuant to paragraph (i) of subsection 1 of NRS 62.211 for a period that reflects the costs associated with the participation of the child in the program.

      3.  A director of juvenile services may establish a program of restitution through work. A program of restitution through work must:

      (a) Include, without limitation, instruction in skills for employment and work ethics; and

      (b) Require a child who participates in the program to:

             (1) With the assistance of the program and if practicable, seek and obtain a position of employment with a public or private employer; and

             (2) Sign an authorization form that permits money to be deducted from the wages of the child to pay restitution. The director of juvenile services may prescribe the contents of the authorization form and may determine the amount of money to be deducted from the wages of the child to pay restitution, but the director shall not require that more than [50] :

                   (I) Fifty percent of the wages of the child be deducted to pay restitution [.] if the child, with the approval of the director or probation officer, secures the employment without the assistance of the program; or


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ê2003 Statutes of Nevada, Page 350 (Chapter 18, SB 57)ê

 

                   (II) Sixty percent of the wages of the child be deducted to pay restitution if the child secures the employment with the assistance of the program.

      4.  A program of restitution through work may include, without limitation, cooperative agreements with public or private employers to make available positions of employment for a child who participates in the program.

      5.  A director of juvenile services may terminate participation by a child in a program of restitution through work for any lawful reason or purpose.

      6.  A director of juvenile services may:

      (a) Apply for, accept and expend grants, gifts, donations, bequests or devises to finance a program of restitution through work in the manner provided in NRS 62.2186; and

      (b) Contract with persons and public or private entities that are qualified to operate or to participate in a program of restitution through work.

      7.  A director of juvenile services may designate a person to carry out the provisions of this section.

      8.  The provisions of this section do not:

      (a) Create a right on behalf of a child to participate in a program of restitution through work or to hold a position of employment; or

      (b) Establish a basis for any cause of action against the State or its officers or employees for denial of the ability to participate in or for removal from a program of restitution through work or for denial of or removal from a position of employment.

________

 

CHAPTER 19, SB 77

Senate Bill No. 77–Senator Wiener

 

CHAPTER 19

 

AN ACT relating to public safety; requiring the driver of a vehicle entering or exiting a controlled-access highway to yield to vehicles traveling on the highway; and providing other matters properly relating thereto.

 

[Approved: March 27, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 484.322 is hereby amended to read as follows:

      484.322  [1.]  The driver of a vehicle about to enter or exit a controlled-access highway shall yield the right-of-way to all vehicles approaching on the highway whose proximity constitutes an immediate hazard and shall continue to yield the right-of-way to that traffic until the driver may proceed with reasonable safety.

      [2.  A driver of a vehicle who has yielded the right-of-way as required by subsection 1 may proceed to enter or exit the highway and the drivers of all other vehicles approaching on the highway shall yield the right-of-way to vehicles entering or exiting the highway.]

________

 


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ê2003 Statutes of Nevada, Page 351ê

 

CHAPTER 20, AB 137

Assembly Bill No. 137–Committee on Government Affairs

 

CHAPTER 20

 

AN ACT relating to the Office of the Governor; revising the requirements for the submission of a report to the Governor and the Director of the Legislative Counsel Bureau concerning the Bureau for Hospital Patients within the Office for Consumer Health Assistance; and providing other matters properly relating thereto.

 

[Approved: April 1, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 223.575 is hereby amended to read as follows:

      223.575  1.  The Bureau for Hospital Patients is hereby created within the Office for Consumer Health Assistance in the Office of the Governor.

      2.  The Director:

      (a) Is responsible for the operation of the Bureau, which must be easily accessible to the clientele of the Bureau.

      (b) Shall appoint and supervise such additional employees as are necessary to carry out the duties of the Bureau. The employees of the Bureau are in the unclassified service of the State.

      (c) [Shall] On or before February 1 of each year, shall submit a written report [quarterly] to the Governor, and to the Director of the Legislative [Committee on Health Care] Counsel Bureau concerning the activities of the Bureau [, including,] for Hospital Patients for transmittal to the appropriate committee or committees of the Legislature. The report must include, without limitation, the number of complaints received by the Bureau, the number and type of disputes heard, mediated, arbitrated or resolved through alternative means of dispute resolution by the Director and the outcome of the mediation, arbitration or alternative means of dispute resolution.

      3.  The Director may, upon request made by either party, hear, mediate, arbitrate or resolve by alternative means of dispute resolution disputes between patients and hospitals. The Director may decline to hear a case that in his opinion is trivial, without merit or beyond the scope of his jurisdiction. The Director may hear, mediate, arbitrate or resolve through alternative means of dispute resolution disputes regarding:

      (a) The accuracy or amount of charges billed to a patient;

      (b) The reasonableness of arrangements made pursuant to paragraph (c) of subsection 1 of NRS 439B.260; and

      (c) Such other matters related to the charges for care provided to a patient as the Director determines appropriate for arbitration, mediation or other alternative means of dispute resolution.

      4.  The decision of the Director is a final decision for the purpose of judicial review.

      5.  Each hospital, other than federal and state hospitals, with 49 or more licensed or approved hospital beds shall pay an annual assessment for the support of the Bureau. On or before July 15 of each year, the Director shall notify each hospital of its assessment for the fiscal year. Payment of the assessment is due on or before September 15.


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ê2003 Statutes of Nevada, Page 352 (Chapter 20, AB 137)ê

 

assessment is due on or before September 15. Late payments bear interest at the rate of 1 percent per month or fraction thereof.

      6.  The total amount assessed pursuant to subsection 5 for a fiscal year must be $100,000 adjusted by the percentage change between January 1, 1991, and January 1 of the year in which the fees are assessed, in the Consumer Price Index (All Items) published by the United States Department of Labor.

      7.  The total amount assessed must be divided by the total number of patient days of care provided in the previous calendar year by the hospitals subject to the assessment. For each hospital, the assessment must be the result of this calculation multiplied by its number of patient days of care for the preceding calendar year.

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

________

 

CHAPTER 21, AB 90

Assembly Bill No. 90–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 21

 

AN ACT relating to water; increasing the limit on the assessment for water distribution expenses incurred by the State Engineer; and providing other matters properly relating thereto.

 

[Approved: April 8, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 533.280 is hereby amended to read as follows:

      533.280  1.  The State Engineer shall, between the first Monday of October and the first Monday of December of each year, prepare a budget of the amount of money estimated to be necessary to pay the expenses of the stream system or each water district for the then current year.

      2.  The budget must show the following detail:

      (a) The aggregate amount estimated to be necessary to pay the expenses of the stream system or water district.

      (b) The aggregate water rights in the stream system or water district as determined by the State Engineer or the court.

      (c) The unit charge necessary to provide the money required.

      (d) The charge against each water user, which must be based upon the proportion which his water right bears to the aggregate water rights in the stream system, but the minimum charge is $1.

      3.  When the stream system lies in more than one county, a separate budget must be prepared for each county showing only the claimants and charges assessable within the county.

      4.  When the stream system irrigates more than 200,000 acres of land, the assessment for water distribution expenses must not exceed [25] 30 cents per acre-foot of water decreed.

      Sec. 2.  This act becomes effective on July 1, 2003.

________

 


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ê2003 Statutes of Nevada, Page 353ê

 

CHAPTER 22, SB 417

Senate Bill No. 417–Committee on Finance

 

CHAPTER 22

 

AN ACT relating to elections; creating the Election Fund in the State Treasury to receive money pursuant to the Help America Vote Act of 2002; prescribing conditions for the receipt and use of money in the Fund; and providing other matters properly relating thereto.

 

[Approved: April 25, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  As used in this section, “Act” means the Help America Vote Act of 2002, Public Law 107-252.

      2.  The Election Fund is hereby created as a special revenue fund in the State Treasury, to be administered by the Secretary of State. The Secretary of State shall deposit all money received pursuant to the Act and any state appropriation of matching money pursuant to the Act in the Election Fund.

      3.  The interest and income earned on money in the Election Fund must be credited to the Fund. Any balance of the money that was received pursuant to the Act remaining in the Election Fund at the end of a fiscal year does not revert and must be carried forward to the next fiscal year and is continuously available to the Secretary of State for expenditure consistent with this section.

      4.  The Secretary of State may:

      (a) Only expend or disburse money in the Election Fund in accordance with the provisions of the Act.

      (b) Receive and disburse money in the Election Fund by electronic transfer.

      5.  Claims against the Election Fund must be paid as other claims against the State are paid.

      Sec. 2.  1.  The Secretary of State is hereby authorized to expend not more than $5,000,000 from the Election Fund created by section 1 of this act for the purposes of implementing Title 1 of the Help America Vote Act of 2002 (42 U.S.C. §§ 15301 to 15306).

      2.  Upon expenditure of the money authorized by subsection 1, the Secretary of State shall provide a report to the Interim Finance Committee that provides a detailed accounting of the manner in which the money was expended.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 


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ê2003 Statutes of Nevada, Page 354ê

 

CHAPTER 23, AB 53

Assembly Bill No. 53–Assemblymen Oceguera, Leslie, Koivisto, Parks, Giunchigliani, Buckley, Claborn, Conklin, Perkins and Pierce

 

CHAPTER 23

 

AN ACT relating to crimes; providing for an enhanced penalty for committing an assault or battery upon certain providers of health care; and providing other matters properly relating thereto.

 

[Approved: April 25, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 200.471 is hereby amended to read as follows:

      200.471  1.  As used in this section:

      (a) “Assault” means intentionally placing another person in reasonable apprehension of immediate bodily harm.

      (b) “Officer” means:

             (1) A person who possesses some or all of the powers of a peace officer;

             (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

             (3) A member of a volunteer fire department;

             (4) A jailer, guard, matron or other correctional officer of a city or county jail;

             (5) A justice of the supreme court, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this subparagraph; or

             (6) An employee of the State or a political subdivision of the State whose official duties require him to make home visits.

      (c) “Provider of health care” means a physician, a physician assistant, a practitioner of respiratory care, a homeopathic physician, an advanced practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, an osteopathic physician’s assistant, a podiatric physician, a podiatry hygienist, a physical therapist, a medical laboratory technician, an optometrist, a chiropractor, a chiropractor’s assistant, a doctor of Oriental medicine, a nurse, a student nurse, a certified nursing assistant, a nursing assistant trainee, a dentist, a dental hygienist, a pharmacist, an intern pharmacist, an attendant on an ambulance or air ambulance, a psychologist, a social worker, a marriage and family therapist and an emergency medical technician.

      (d) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.

      [(d)] (e) “Taxicab” has the meaning ascribed to it in NRS 706.8816.

      [(e)] (f) “Taxicab driver” means a person who operates a taxicab.

      [(f)] (g) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.

      2.  A person convicted of an assault shall be punished:

      (a) If paragraph (c) or (d) of this subsection does not apply to the circumstances of the crime and the assault is not made with the use of a deadly weapon, or the present ability to use a deadly weapon, for a misdemeanor.


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ê2003 Statutes of Nevada, Page 355 (Chapter 23, AB 53)ê

 

deadly weapon, or the present ability to use a deadly weapon, for a misdemeanor.

      (b) If the assault is made with the use of a deadly weapon, or the present ability to use a deadly weapon, for a category B felony 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, or by a fine of not more than $5,000, or by both fine and imprisonment.

      (c) If paragraph (d) of this subsection does not apply to the circumstances of the crime and if the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his duty and the person charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver or a transit operator, for a gross misdemeanor, unless the assault is made with the use of a deadly weapon, or the present ability to use a deadly weapon, then for a category B felony 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, or by a fine of not more than $5,000, or by both fine and imprisonment.

      (d) If the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his duty, by a probationer, a prisoner who is in lawful custody or confinement or a parolee, and the probationer, prisoner or parolee charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver or a transit operator, for a category D felony as provided in NRS 193.130, unless the assault is made with the use of a deadly weapon, or the present ability to use a deadly weapon, then for a category B felony 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, or by a fine of not more than $5,000, or by both fine and imprisonment.

      Sec. 2.  NRS 200.481 is hereby amended to read as follows:

      200.481  1.  As used in this section:

      (a) “Battery” means any willful and unlawful use of force or violence upon the person of another.

      (b) “Child” means a person less than 18 years of age.

      (c) “Officer” means:

             (1) A person who possesses some or all of the powers of a peace officer;

             (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

             (3) A member of a volunteer fire department;

             (4) A jailer, guard, matron or other correctional officer of a city or county jail or detention facility;

             (5) A justice of the Supreme Court, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including, without limitation, a person acting pro tempore in a capacity listed in this subparagraph; or

             (6) An employee of the State or a political subdivision of the State whose official duties require him to make home visits.

      (d) “Provider of health care” has the meaning ascribed to it in NRS 200.471.


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ê2003 Statutes of Nevada, Page 356 (Chapter 23, AB 53)ê

 

      (e) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.

      [(e)] (f) “Taxicab” has the meaning ascribed to it in NRS 706.8816.

      [(f)] (g) “Taxicab driver” means a person who operates a taxicab.

      [(g)] (h) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.

      2.  Except as otherwise provided in NRS 200.485, a person convicted of a battery, other than a battery committed by an adult upon a child which constitutes child abuse, shall be punished:

      (a) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, except under circumstances where a greater penalty is provided in paragraph (d) or in NRS 197.090, for a misdemeanor.

      (b) If the battery is not committed with a deadly weapon, and substantial bodily harm to the victim results, for a category C felony as provided in NRS 193.130.

      (c) If the battery is committed upon an officer, provider of health care, school employee, taxicab driver or transit operator and:

             (1) The officer, provider of health care, school employee, taxicab driver or transit operator was performing his duty;

             (2) The officer, provider of health care, school employee, taxicab driver or transit operator suffers substantial bodily harm; and

             (3) The person charged knew or should have known that the victim was an officer, provider of health care, school employee, taxicab driver or transit operator,

for a category B felony 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, or by a fine of not more than $10,000, or by both fine and imprisonment.

      (d) If the battery is committed upon an officer, provider of health care, school employee, taxicab driver or transit operator who is performing his duty and the person charged knew or should have known that the victim was an officer, provider of health care, school employee, taxicab driver or transit operator, for a gross misdemeanor, except under circumstances where a greater penalty is provided in this section.

      (e) If the battery is committed with the use of a deadly weapon, and:

             (1) No substantial bodily harm to the victim results, for a category B felony 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.

             (2) Substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $10,000.

      (f) If the battery is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee, without the use of a deadly weapon, whether or not substantial bodily harm results, for a category B felony 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.

      (g) If the battery is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee, with the use of a deadly weapon, and:


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ê2003 Statutes of Nevada, Page 357 (Chapter 23, AB 53)ê

 

             (1) No substantial bodily harm to the victim results, for a category B felony 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.

             (2) Substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years.

________

 

CHAPTER 24, AB 6

Assembly Bill No. 6–Committee on Health and Human Services

 

CHAPTER 24

 

AN ACT relating to children; changing the dates by which each mental health consortium is required to prepare a recommended plan for the provision of mental health services to certain children and submit the plan to the Department of Human Resources and to the Legislative Committee on Children, Youth and Families; and providing other matters properly relating thereto.

 

[Approved: April 30, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 433B.335 is hereby amended to read as follows:

      433B.335  1.  On or before [January] July 1 of each year, each mental health consortium established pursuant to NRS 433B.333 shall prepare a recommended plan for the provision of mental health services to emotionally disturbed children in the jurisdiction of the consortium.

      2.  In preparing the recommended plan, each mental health consortium must be guided by the following principles:

      (a) The system of mental health services set forth in the plan should be centered on emotionally disturbed children and their families, with the needs and strengths of those children and their families dictating the types and mix of services provided.

      (b) The families of emotionally disturbed children, including, without limitation, foster parents, should be active participants in all aspects of planning, selecting and delivering mental health services at the local level.

      (c) The system of mental health services should be community-based and flexible, with accountability and the focus of the services at the local level.

      (d) The system of mental health services should provide timely access to a comprehensive array of cost-effective mental health services.

      (e) Children and their families who are in need of mental health services should be identified as early as possible through screening, assessment processes, treatment and systems of support.

      (f) Comprehensive mental health services should be made available in the least restrictive but clinically appropriate environment.

      (g) The family of an emotionally disturbed child should be eligible to receive mental health services from the system.


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ê2003 Statutes of Nevada, Page 358 (Chapter 24, AB 6)ê

 

      (h) Mental health services should be provided to emotionally disturbed children in a sensitive manner that is responsive to cultural and gender-based differences and the special needs of the children.

      3.  The plan prepared pursuant to this section must include:

      (a) An assessment of the need for mental health services in the jurisdiction of the consortium;

      (b) A description of the types of services to be offered to emotionally disturbed children based on the amount of money available to pay the costs of such mental health services within the jurisdiction of the consortium;

      (c) Criteria for eligibility for those services;

      (d) A description of the manner in which those services may be obtained by eligible children;

      (e) The manner in which the costs for those services will be allocated;

      (f) The mechanisms to manage the money provided for those services;

      (g) Documentation of the number of emotionally disturbed children who are not currently being provided services, the costs to provide services to those children, the obstacles to providing services to those children and recommendations for removing those obstacles;

      (h) Methods for obtaining additional money and services for emotionally disturbed children from private and public entities; and

      (i) The manner in which family members of eligible children and other persons may be involved in the treatment of the children.

      4.  On or before [January] July 15 of each year, each mental health consortium shall submit the recommended plan prepared pursuant to this section to the Department. If the Department disapproves the plan, the Department shall submit the plan to the consortium for revision and resubmission to the Department.

      5.  On or before [January] August 15 of each year, each mental health consortium shall submit the recommended plan prepared pursuant to this section and, if applicable, the revised plan prepared pursuant to subsection 4, to the Legislative Committee on Children, Youth and Families established pursuant to NRS 218.53723 and shall submit progress reports to the Legislative Committee on Children, Youth and Families at the end of each calendar quarter.

      Sec. 2.  NRS 433B.335 is hereby amended to read as follows:

      433B.335  1.  On or before [January] July 1 of each year, each mental health consortium established pursuant to NRS 433B.333 shall prepare a recommended plan for the provision of mental health services to emotionally disturbed children in the jurisdiction of the consortium.

      2.  In preparing the recommended plan, each mental health consortium must be guided by the following principles:

      (a) The system of mental health services set forth in the plan should be centered on emotionally disturbed children and their families, with the needs and strengths of those children and their families dictating the types and mix of services provided.

      (b) The families of emotionally disturbed children, including, without limitation, foster parents, should be active participants in all aspects of planning, selecting and delivering mental health services at the local level.

      (c) The system of mental health services should be community-based and flexible, with accountability and the focus of the services at the local level.


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ê2003 Statutes of Nevada, Page 359 (Chapter 24, AB 6)ê

 

      (d) The system of mental health services should provide timely access to a comprehensive array of cost-effective mental health services.

      (e) Children and their families who are in need of mental health services should be identified as early as possible through screening, assessment processes, treatment and systems of support.

      (f) Comprehensive mental health services should be made available in the least restrictive but clinically appropriate environment.

      (g) The family of an emotionally disturbed child should be eligible to receive mental health services from the system.

      (h) Mental health services should be provided to emotionally disturbed children in a sensitive manner that is responsive to cultural and gender-based differences and the special needs of the children.

      3.  The plan prepared pursuant to this section must include:

      (a) An assessment of the need for mental health services in the jurisdiction of the consortium;

      (b) A description of the types of services to be offered to emotionally disturbed children based on the amount of money available to pay the costs of such mental health services within the jurisdiction of the consortium;

      (c) Criteria for eligibility for those services;

      (d) A description of the manner in which those services may be obtained by eligible children;

      (e) The manner in which the costs for those services will be allocated;

      (f) The mechanisms to manage the money provided for those services;

      (g) Documentation of the number of emotionally disturbed children who are not currently being provided services, the costs to provide services to those children, the obstacles to providing services to those children and recommendations for removing those obstacles;

      (h) Methods for obtaining additional money and services for emotionally disturbed children from private and public entities; and

      (i) The manner in which family members of eligible children and other persons may be involved in the treatment of the children.

      4.  On or before [January] July 15 of each year, each mental health consortium shall submit the recommended plan prepared pursuant to this section to the Department. If the Department disapproves the plan, the Department shall submit the plan to the consortium for revision and resubmission to the Department.

      Sec. 3.  1.  This section and section 1 of this act become effective on October 1, 2003.

      2.  Section 1 of this act expires by limitation on June 30, 2005.

      3.  Section 2 of this act becomes effective at 12:01 a.m. on July 1, 2005.

________

 


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ê2003 Statutes of Nevada, Page 360ê

 

CHAPTER 25, AB 19

Assembly Bill No. 19–Assemblywoman Chowning

 

CHAPTER 25

 

AN ACT relating to motor vehicles; providing for the issuance of “United We Stand” special license plates; imposing a fee for the issuance and renewal of such license plates; and providing other matters properly relating thereto.

 

[Approved: April 30, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in this subsection, the Department, in cooperation with the State Emergency Response Commission, shall design, prepare and issue “United We Stand” license plates to reflect public solidarity after the acts of terrorism committed on September 11, 2001. The design of the license plates must include the phrase “United We Stand” and incorporate an image of the flag of the United States. The colors red, white and blue must be displayed on the license plates. The Department shall not design, prepare or issue the license plates unless it receives at least 1,000 applications for the issuance of those plates.

      2.  If the Department receives at least 1,000 applications for the issuance of “United We Stand” license plates, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with “United We Stand” license plates if that person pays the fees for the personalized prestige license plates in addition to the fees for the “United We Stand” license plates pursuant to subsections 3 and 4.

      3.  The fee for “United We Stand” license plates is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

      4.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of “United We Stand” license plates must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be used for the purposes set forth in NRS 414.135.

      5.  The Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the Contingency Account for Hazardous Materials created by NRS 459.735 in the State General Fund.

      6.  If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:


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ê2003 Statutes of Nevada, Page 361 (Chapter 25, AB 19)ê

 

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 2.  NRS 482.216 is hereby amended to read as follows:

      482.216  1.  Upon the request of a new vehicle dealer, the Department may authorize the new vehicle dealer to:

      (a) Accept applications for the registration of the new motor vehicles he sells and the related fees and taxes;

      (b) Issue certificates of registration to applicants who satisfy the requirements of this chapter; and

      (c) Accept applications for the transfer of registration pursuant to NRS 482.399 if the applicant purchased from the new vehicle dealer a new vehicle to which the registration is to be transferred.

      2.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall:

      (a) Transmit the applications he receives to the Department within the period prescribed by the Department;

      (b) Transmit the fees he collects from the applicants and properly account for them within the period prescribed by the Department;

      (c) Comply with the regulations adopted pursuant to subsection 4; and

      (d) Bear any cost of equipment which is necessary to issue certificates of registration, including any computer hardware or software.

      3.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall not:

      (a) Charge any additional fee for the performance of those services;

      (b) Receive compensation from the Department for the performance of those services;

      (c) Accept applications for the renewal of registration of a motor vehicle; or

      (d) Accept an application for the registration of a motor vehicle if the applicant wishes to:

             (1) Obtain special license plates pursuant to NRS 482.3667 to 482.3825, inclusive [;] , and section 1 of this act; or

             (2) Claim the exemption from the governmental services tax provided pursuant to NRS 361.1565 to veterans and their relations.

      4.  The Director shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations adopted pursuant to this subsection must provide for:

      (a) The expedient and secure issuance of license plates and decals by the Department; and

      (b) The withdrawal of the authority granted to a new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with the regulations adopted by the Department.

      Sec. 3.  NRS 482.500 is hereby amended to read as follows:

      482.500  1.  Except as otherwise provided in subsection 2 or 3, whenever upon application any duplicate or substitute certificate of registration, decal or number plate is issued, the following fees must be paid:

 

 


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ê2003 Statutes of Nevada, Page 362 (Chapter 25, AB 19)ê

 

For a certificate of registration........................................................................ $5.00

For every substitute number plate or set of plates......................................... 5.00

For every duplicate number plate or set of plates........................................ 10.00

For every decal displaying a county name......................................................   .50

For every other decal, license plate sticker or tab........................................... 5.00

 

      2.  The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:

      (a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816, inclusive, and section 1 of this act, a fee of $10.

      (b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

      (c) Except as otherwise provided in NRS 482.37937 and 482.37945, for any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the Director for the issuance of those plates.

      3.  A fee must not be charged for a duplicate or substitute of a decal issued pursuant to NRS 482.37635.

      4.  The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the State Treasurer for credit to the Motor Vehicle Fund and allocated to the Department to defray the costs of duplicating the plates and manufacturing the decals.

      5.  As used in this section:

      (a) “Duplicate number plate” means a license plate or a set of license plates issued to a registered owner which repeat the code of a plate or set of plates previously issued to the owner to maintain his registration using the same code.

      (b) “Substitute number plate” means a license plate or a set of license plates issued in place of a previously issued and unexpired plate or set of plates. The plate or set of plates does not repeat the code of the previously issued plate or set.

      Sec. 4.  NRS 459.735 is hereby amended to read as follows:

      459.735  1.  The Contingency Account for Hazardous Materials is hereby created in the State General Fund.

      2.  The Commission shall administer the Contingency Account for Hazardous Materials [,] and , except as otherwise provided in subsection 4, the money in the Account may be expended only for:

      (a) Carrying out the provisions of NRS 459.735 to 459.773, inclusive;

      (b) Carrying out the provisions of 42 U.S.C. §§ 11001 et seq. and 49 U.S.C. §§ 5101 et seq.;

      (c) Maintaining and supporting the operations of the Commission and local emergency planning committees;

      (d) Training and equipping state and local personnel to respond to accidents and incidents involving hazardous materials; and

      (e) The operation of training programs and a training center for handling emergencies relating to hazardous materials and related fires pursuant to NRS 477.045.


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      3.  All money received by this state pursuant to 42 U.S.C. §§ 11001 et seq. or 49 U.S.C. §§ 5101 et seq. must be deposited with the State Treasurer to the credit of the Contingency Account for Hazardous Materials. In addition, all money received by the Commission from any source must be deposited with the State Treasurer to the credit of the Contingency Account for Hazardous Materials. The State Controller shall transfer from the Contingency Account to the Operating Account of the State Fire Marshal such money collected pursuant to chapter 477 of NRS as is authorized for expenditure in the budget of the State Fire Marshal for use pursuant to paragraph (e) of subsection 2.

      4.  Any fees deposited with the State Treasurer for credit to the Contingency Account for Hazardous Materials pursuant to subsection 5 of section 1 of this act must be accounted for separately and must be expended solely to provide financial assistance to this state or to local governments in this state to support preparedness to combat terrorism, including, without limitation, planning, training and purchasing supplies and equipment.

      5.  Upon the presentation of budgets in the manner required by law, money to support the operation of the Commission pursuant to this chapter, other than its provision of grants, must be provided by direct legislative appropriation from the State Highway Fund or other legislative authorization to the Contingency Account for Hazardous Materials.

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

      [6.] 7.  All claims against the Contingency Account for Hazardous Materials must be paid as other claims against the State are paid.

      Sec. 5.  On or before October 1, 2005, the Department of Motor Vehicles shall determine and publicly declare the number of applications it has received for the issuance of license plates pursuant to section 1 of this act.

      Sec. 6.  The amendatory provisions of this act expire by limitation on October 1, 2005, if on that date the Department of Motor Vehicles has received fewer than 1,000 applications for the issuance of license plates pursuant to section 1 of this act.

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ê2003 Statutes of Nevada, Page 364ê

 

CHAPTER 26, AB 42

Assembly Bill No. 42–Committee on Judiciary

 

CHAPTER 26

 

AN ACT relating to motor vehicles; requiring a driver of a motor vehicle to stop in obedience to the direction or traffic control signal of a school crossing guard; prohibiting the driver from proceeding until the highway is clear of all persons; authorizing portable signs designating a school zone to be placed on a roadway during certain hours; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: April 30, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The driver of a vehicle:

      (a) Shall stop in obedience to the direction or traffic-control signal of a school crossing guard; and

      (b) Shall not proceed until the highway is clear of all persons, including, without limitation, the school crossing guard.

      2.  A person who violates any of the provisions of this section is guilty of a misdemeanor.

      3.  As used in this section, “school crossing guard” means a volunteer or paid employee of a local authority, local law enforcement agency or school district whose duties include assisting pupils to cross a highway.

      Sec. 2.  NRS 484.325 is hereby amended to read as follows:

      484.325  Except as otherwise provided in NRS 484.327 and 484.328 [:] and section 1 of this act:

      1.  When official traffic-control devices are not in place or not in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be so to yield, to a pedestrian crossing the highway within a crosswalk when the pedestrian is upon the half of the highway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the highway as to be in danger.

      2.  A pedestrian shall not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

      3.  Whenever a vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle until the driver has determined that the vehicle being overtaken was not stopped for the purpose of permitting a pedestrian to cross the highway.

      4.  Whenever signals exhibiting the words “Walk” or “Don’t Walk” are in place, such signals indicate as follows:

      (a) While the “Walk” indication is illuminated, pedestrians facing the signal may proceed across the highway in the direction of the signal and must be given the right-of-way by the drivers of all vehicles.


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ê2003 Statutes of Nevada, Page 365 (Chapter 26, AB 42)ê

 

      (b) While the “Don’t Walk” indication is illuminated, either steady or flashing, a pedestrian shall not start to cross the highway in the direction of the signal, but any pedestrian who has partially completed his crossing during the “Walk” indication shall proceed to a sidewalk, or to a safety zone if one is provided.

      (c) Whenever the word “Wait” still appears in a signal, the indication has the same meaning as assigned in this section to the “Don’t Walk” indication.

      (d) Whenever a signal system provides a signal phase for the stopping of all vehicular traffic and the exclusive movement of pedestrians, and “Walk” and “Don’t Walk” indications control pedestrian movement, pedestrians may cross in any direction between corners of the intersection offering the shortest route within the boundaries of the intersection when the “Walk” indication is exhibited, and when signals and other official traffic-control devices direct pedestrian movement in the manner provided in this section and in NRS 484.283.

      Sec. 3.  NRS 484.3665 is hereby amended to read as follows:

      484.3665  1.  Each permanent sign which designates a school zone or school crossing zone and the speed limit in that zone must be uniform in size and color and must clearly designate the hours during which the speed limit applies.

      2.  Each portable sign designating a school zone or school crossing zone and the speed limit in the zone must be uniform in size and color. A portable sign may be placed on or beside a roadway only during those hours when pupils are arriving at and leaving regularly scheduled school sessions.

      Sec. 4.  This act becomes effective on July 1, 2003.

________

 

CHAPTER 27, AB 111

Assembly Bill No. 111–Committee on Health and Human Services

 

CHAPTER 27

 

AN ACT relating to dairy products; revising provisions relating to fees imposed by the State Dairy Commission and the issuance of licenses and permits; revising provisions concerning retention of certain records by pasteurizing plants; revising provisions governing the processing and sale of milk and cream; requiring disclosure of certain governmental actions against licensed distributors and applicants for licensure as distributors; and providing other matters properly relating thereto.

 

[Approved: April 30, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 584 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  “Dairy foods manufacturing plant” means:

      1.  Any place, structure or building where milk or other dairy products are received or handled for manufacturing or prepared for distribution, or both;


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ê2003 Statutes of Nevada, Page 366 (Chapter 27, AB 111)ê

 

      2.  When used with regard to the production, transportation, grading or use of milk, any plant that handles or purchases milk for manufacturing purposes; and

      3.  When used with regard to licensing, permitting or other regulatory requirements, only those plants that manufacture dairy products, including ice cream, butter, natural cheese, processed cheese, dry milk products, dry whey, evaporated milk products, condensed milk products and such other products for human consumption as may otherwise be designated.

      Sec. 3.  “Single-service plant” means a place, structure or building where a person engages in the business of manufacturing a single-service container or closure for use by a milk plant for the packaging of finished Grade A milk or milk products.

      Sec. 4.  A dairy foods manufacturing plant shall not receive for sale, produce, sell, offer for sale or have in storage any manufactured dairy product if the plant does not possess a permit from the Commission. Such a permit is not transferable.

      Sec. 5.  1.  The Commission shall charge and collect the following annual fees:

      (a) For a dairy that produces:

             (1) One thousand gallons or less per day............................................ $75

             (2) At least 1,001 but not more than 3,000 gallons per day............ 100

             (3) More than 3,000 gallons per day................................................... 150

      (b) For a milk plant that produces:

             (1) Less than 2,000 gallons per day..................................................... 150

             (2) At least 2,000 but not more than 10,000 gallons per day......... 300

             (3) More than 10,000 gallons per day................................................. 500

      (c) For a dairy foods manufacturing plant that is:

             (1) Less than 1,000 square feet.............................................................. 150

             (2) At least 1,000 but not more than 3,000 square feet.................... 180

             (3) At least 3,001 but not more than 5,000 square feet.................... 230

             (4) More than 5,000 square feet............................................................ 280

      (d) For a single-service plant....................................................................... 115

      (e) For a hauler of milk................................................................................... 20

      (f) For a milk tank truck................................................................................. 65

      2.  The Commission shall charge the following fees for the review of plans for dairies, dairy foods manufacturing plants and milk plants:

      (a) For a plan for a new facility, $200 plus an amount equal to the fee for an annual permit for a facility of that kind.

      (b) For a plan to remodel a facility which has a permit, $50 plus an amount equal to one-half of the fee for an annual permit to operate the facility after the remodeling.

      Sec. 6.  NRS 584.001 is hereby amended to read as follows:

      584.001  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 584.005 and 584.007 , and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 7.  NRS 584.067 is hereby amended to read as follows:

      584.067  1.  The Commission may adopt and enforce regulations to carry out the provisions of this chapter.

      2.  The Commission shall adopt regulations establishing procedures for:

      (a) Its administration and government;

      (b) The formation and adoption of stabilization and marketing plans;

      (c) The conduct of its public hearings;


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ê2003 Statutes of Nevada, Page 367 (Chapter 27, AB 111)ê

 

      (d) The manner in which information relating to costs required of producers, distributors and retailers is determined and presented to the Commission; and

      (e) Classifying fluid milk products into [three] separate classes.

      Sec. 8.  NRS 584.079 is hereby amended to read as follows:

      584.079  1.  The Commission may refuse to grant any license [herein] or permit provided in this chapter and may revoke or suspend any such license or permit as the case may require when it is satisfied that [any applicant or] an applicant, a licensee or a permit holder has violated any provision of this chapter, but no order may be made refusing, revoking or suspending any license or permit except after hearing upon at least 10 days’ notice to the applicant [or licensee.] , licensee or permit holder, as appropriate.

      2.  The decision may include an order refusing, revoking or suspending the license or permit applied for or held by the respondent, or fixing such other conditional and probationary orders as may be proper for the enforcement of this chapter.

      3.  After any decision, including any conditional or probationary orders, should the respondent fail, refuse or neglect to comply with any such orders, the Commission may suspend or revoke the license or permit in accordance with the procedure provided in this section.

      4.  Previous violation by any applicant or by any person connected with the applicant of any provision of this chapter is ground for denial, revocation or suspension of a license [.] or permit.

      Sec. 9.  NRS 584.145 is hereby amended to read as follows:

      584.145  Pasteurizing plants [shall] must be equipped with a self-registering device for [record of] recording the time and temperature of pasteurizing. Such a record [shall] must be kept for [2] at least 6 months and [shall] must be available for inspection by any health officer or person charged with the enforcement of NRS 584.110 to 584.160, inclusive.

      Sec. 10.  NRS 584.250 is hereby amended to read as follows:

      584.250  All cream sold in the State of Nevada on the basis of the richness or the percentage of milk fat contained therein must be tested by the Babcock test [, using a procedure] or any other testing equipment or procedures approved by the Commission.

      Sec. 11.  NRS 584.595 is hereby amended to read as follows:

      584.595  1.  No distributor may deal in fluid milk, fluid cream or any other dairy product without first having obtained a license from the Commission.

      2.  The license required by this section is in addition to any license otherwise required by law.

      3.  Application for a license must be made on forms prescribed by the Commission, accompanied by a fee of $25 and must state the name and address of the applicant and such details as to the nature of the applicant’s business as the Commission may require. The applicant [shall] must satisfy the Commission:

      (a) Of the applicant’s good faith, character and responsibility in seeking to carry on the business stated in the application. The applicant shall furnish the Commission with information regarding all civil or criminal actions brought by any governmental agency against the applicant, or any member of the senior management of the applicant, within the most recent 10 years, where the character or reputation for honesty, competence or integrity of the applicant or any member of the senior management of the applicant was brought into question, regardless of whether the action resulted in a reprimand, fine, penalty or conviction.


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ê2003 Statutes of Nevada, Page 368 (Chapter 27, AB 111)ê

 

the applicant or any member of the senior management of the applicant was brought into question, regardless of whether the action resulted in a reprimand, fine, penalty or conviction.

      (b) That the applicant has complied with the provisions of this chapter and the regulations adopted by the Commission.

      4.  Licenses must be issued for a 12-month period [of 12 months] from the 1st day of each year or for the remainder of the calendar year from the date of issuance. A license issued pursuant to this section is not transferable.

      5.  Application for renewal of a license for the following year by a licensee, accompanied by the fee of $25, must be submitted to the Commission before the expiration date of the license held, and if not so made, the applicant shall pay an additional sum equal to the application fee before the license may be issued.

      6.  Application for an amendment to an existing license must be accompanied by a fee of $25 and made upon forms prescribed by the Commission.

      7.  If a civil or criminal action is brought by any governmental agency against a licensee, or any member of the senior management of the licensee, where the character or reputation for honesty, competence or integrity of the licensee or any member of the senior management of the licensee is brought into question, the licensee shall immediately notify the Commission and provide the Commission with information regarding that action.

      Sec. 12.  NRS 584.649 is hereby amended to read as follows:

      584.649  1.  The Commission may lower the rate of any assessment required to be paid under NRS 584.647 or 584.648, whenever it finds that the cost of administering the provisions of this chapter can be defrayed from revenues derived from the lower rates.

      2.  A distributor shall pay the amount of the assessment to the Commission on or before the [15th] 20th of the month following the month during which the fluid milk , [or] fluid cream , [was received or the] butter or fresh dairy product was distributed. If the payment is sent by mail, it is subject to the provisions of NRS 238.100. If the assessment for the month is less than $3, the distributor may delay payment for 3 months or until the cumulative assessments are $3 or more, whichever occurs first.

      3.  If payments of assessments are not made as provided in subsection 2, the Commission shall charge, as a penalty for the late payment, the amount of $10 or 10 percent of the total amount due but remaining unpaid, whichever is greater.

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ê2003 Statutes of Nevada, Page 369ê

 

CHAPTER 28, AB 139

Assembly Bill No. 139–Committee on Commerce and Labor

 

CHAPTER 28

 

AN ACT relating to utilities; exempting certain public utilities from provisions governing stocks, security transactions, mergers, acquisitions, changes in control, and disposal or encumbrance of property; and providing other matters properly relating thereto.

 

[Approved: April 30, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 704.328 is hereby amended to read as follows:

      704.328  The provisions of NRS 704.322 to 704.326, inclusive, shall not apply to any public utility engaged in [interstate] :

      1.  Interstate commerce if 25 percent or more of the operating revenues of such public utility are derived from interstate commerce.

      2.  The business of furnishing, for compensation, water or services for the disposal of sewage, or both, to persons within this state if the utility:

      (a) Serves 15 persons or less; and

      (b) Operates in a county whose population is 400,000 or more.

      Sec. 2.  NRS 704.329 is hereby amended to read as follows:

      704.329  1.  Except as otherwise provided in subsection 6, a person shall not merge with, directly acquire, indirectly acquire through a subsidiary or affiliate, or otherwise directly or indirectly obtain control of a public utility doing business in this state or an entity that holds a controlling interest in such a public utility without first submitting to the Commission an application for authorization of the proposed transaction and obtaining authorization from the Commission.

      2.  Any transaction that violates the provisions of this section is void and unenforceable and is not valid for any purpose.

      3.  Before authorizing a proposed transaction pursuant to this section, the Commission shall consider the effect of the proposed transaction on the public interest and the customs in this state. The Commission shall not authorize the proposed transaction unless the Commission finds that the proposed transaction:

      (a) Will be in the public interest; and

      (b) Complies with the provisions of NRS 704.7561 to 704.7595, inclusive, if the proposed transaction is subject to those provisions.

      4.  The Commission may base its authorization of the proposed transaction upon such terms, conditions or modifications as the Commission deems appropriate.

      5.  If the Commission does not issue a final order regarding the proposed transaction within 180 days after the date on which an application or amended application for authorization of the proposed transaction was filed with the Commission, and the proposed transaction is not subject to the provisions of NRS 704.7561 to 704.7595, inclusive, the proposed transaction shall be deemed to be authorized by the Commission.

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


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ê2003 Statutes of Nevada, Page 370 (Chapter 28, AB 139)ê

 

      (a) The transfer of stock of a public utility doing business in this state or to the transfer of the stock of an entity that holds a controlling interest in such a public utility, if a transfer of not more than 25 percent of the common stock of such a public utility or entity is proposed.

      (b) Except as otherwise provided in this paragraph, a proposed transaction involving a public utility doing business in this state providing telecommunication services or an entity that holds a controlling interest in such a public utility if, in the most recently completed calendar year, not more than 10 percent of the gross operating revenue of the public utility or the entity that holds a controlling interest in the public utility was derived from intrastate telecommunication services provided to retail customers in this state by the public utility. Such a proposed transaction is not exempted from the provisions of this section if:

             (1) Not later than 30 days after the date on which the person undertaking the proposed transaction submits the notification required by 15 U.S.C. § 18a, the regulatory operations staff of the Commission or the Consumer’s Advocate requests an order from the Commission requiring the person to file an application for authorization of the proposed transaction;

             (2) The request alleges in sufficient detail that the proposed transaction may materially affect retail customers of public utilities in this state; and

             (3) The Commission issues an order requiring the person to file an application for authorization of the proposed transaction.

      (c) A public utility engaged in the business of furnishing, for compensation, water or services for the disposal of sewage, or both, to persons within this state if the utility:

             (1) Serves 15 persons or less; and

             (2) Operates in a county whose population is 400,000 or more.

      7.  As used in this section:

      (a) “Person” means:

             (1) A natural person;

             (2) Any form of business or social organization and any other nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust or unincorporated organization;

             (3) A government or an agency or instrumentality of a government, including, without limitation, this state or an agency or instrumentality of this state; and

             (4) A political subdivision of this state or of any other government or an agency or instrumentality of a political subdivision of this state or of any other government.

      (b) “Transaction” means a merger, acquisition or change in control described in subsection 1.

      Sec. 3.  NRS 704.668 is hereby amended to read as follows:

      704.668  1.  It is unlawful for any public utility which serves 3,000 or fewer persons and furnishes water or services for the disposal of sewage, or both, to:

      (a) Sell, lease or otherwise dispose of; or

      (b) Encumber by mortgage, deed of trust, security agreement or otherwise,

any or all of its real property or goods, including fixtures, or any combination thereof which are necessary in the present or future performance of its duties to the public regarding water or sewage without first obtaining approval from the Commission which authorizes the public utility to do so.


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ê2003 Statutes of Nevada, Page 371 (Chapter 28, AB 139)ê

 

the Commission which authorizes the public utility to do so. This limitation applies to any interest in real property, including, without limitation, easements and water rights.

      2.  Any such action:

      (a) Which is not taken in accordance with the approval of the Commission; or

      (b) Which is taken without obtaining the approval from the Commission,

is void.

      3.  If the public utility is disposing of all of its real property and goods, the Commission shall hold a public hearing on the matter before determining whether to approve the disposal.

      4.  The Commission shall adopt regulations which set forth the types and quantities of property and goods that are necessary in the performance of the duties of the various classes of public utilities.

      5.  The provisions of this section are not intended to limit the regulatory authority of the Commission granted in other sections of this chapter.

      6.  The provisions of this section do not apply to a public utility engaged in the business of furnishing, for compensation, water or services for the disposal of sewage, or both, to persons within this state if the utility:

      (a) Serves 15 persons or less; and

      (b) Operates in a county whose population is 400,000 or more.

      Sec. 4.  This act becomes effective upon passage and approval.

________

 

CHAPTER 29, AB 140

Assembly Bill No. 140–Committee on Commerce and Labor

 

CHAPTER 29

 

AN ACT relating to industrial insurance; prohibiting the failure to comply with an order issued by the Administrator of the Division of Industrial Relations of the Department of Business and Industry to cease all business operations at a place of employment or jobsite; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: April 30, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 616D of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person shall not knowingly fail to comply with an order issued by the Administrator pursuant to NRS 616D.110 to cease immediately all business operations at a place of employment or jobsite.

      2.  A person who is convicted of violating the provisions of subsection 1 is guilty of a misdemeanor.

      3.  A criminal penalty imposed pursuant to this section is in addition to any civil penalty or other remedy available pursuant to another statute.

________

 


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CHAPTER 30, AB 145

Assembly Bill No. 145–Committee on Commerce and Labor

 

CHAPTER 30

 

AN ACT relating to utilities; revising the procedure for the distribution of assessments collected on behalf of the Consumer’s Advocate of the Bureau of Consumer Protection in the Office of the Attorney General; and providing other matters properly relating thereto.

 

[Approved: April 30, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 704.035 is hereby amended to read as follows:

      704.035  1.  On or before June 1 of each year, the Commission shall mail revenue report forms to all public utilities, providers of discretionary natural gas service and alternative sellers under its jurisdiction, to the address of those utilities, providers of discretionary natural gas service and alternative sellers on file with the Commission. The revenue report form serves as notice of the Commission’s intent to assess such entities, but failure to notify any such entity does not invalidate the assessment with respect thereto.

      2.  Each public utility, provider of discretionary natural gas service and alternative seller subject to the provisions of NRS 704.033 shall complete the revenue report referred to in subsection 1, compute the assessment and return the completed revenue report to the Commission accompanied by payment of the assessment and any penalty due, pursuant to the provisions of subsection 5.

      3.  The assessment is due on July 1 of each year, but may, at the option of the public utility, provider of discretionary natural gas service and alternative seller, be paid quarterly on July 1, October 1, January 1 and April 1.

      4.  The assessment computed by the public utility, provider of discretionary natural gas service or alternative seller is subject to review and audit by the Commission, and the amount of the assessment may be adjusted by the Commission as a result of the audit and review.

      5.  Any public utility, provider of discretionary natural gas service or alternative seller failing to pay the assessment provided for in NRS 704.033 on or before August 1, or if paying quarterly, on or before August 1, October 1, January 1 or April 1, shall pay, in addition to such assessment, a penalty of 1 percent of the total unpaid balance for each month or portion thereof that the assessment is delinquent, or $10, whichever is greater, but no penalty may exceed $1,000 for each delinquent payment.

      6.  When a public utility, provider of discretionary natural gas service or alternative seller sells, transfers or conveys substantially all of its assets or, if applicable, its certificate of public convenience and necessity, the Commission shall determine, levy and collect the accrued assessment for the current year not later than 30 days after the sale, transfer or conveyance, unless the transferee has assumed liability for the assessment. For purposes of this subsection, the jurisdiction of the Commission over the selling, transferring or conveying public utility, provider of discretionary natural gas service or alternative seller continues until it has paid the assessment.


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transferring or conveying public utility, provider of discretionary natural gas service or alternative seller continues until it has paid the assessment.

      7.  The Commission may bring an appropriate action in its own name for the collection of any assessment and penalty which is not paid as provided in this section.

      8.  The Commission shall, [on a quarterly basis,] upon collection, transfer to the Account for the Consumer’s Advocate that portion of the assessments collected which belongs to the Consumer’s Advocate.

      Sec. 2.  This act becomes effective on July 1, 2003.

________

 

CHAPTER 31, AB 177

Assembly Bill No. 177–Committee on Transportation

 

CHAPTER 31

 

AN ACT relating to motor vehicles; revising provisions relating to the issuance to certain disabled persons of special license plates, placards and stickers; revising the period within which the holder of a valid registration must notify the Department of Motor Vehicles of a change of name or residence address; revising provisions relating to the issuance of duplicate number plates and substitute number plates; revising provisions relating to submission to the Department, at the time of registering a vehicle, of evidence of automobile liability insurance; and providing other matters properly relating thereto.

 

[Approved: April 30, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  As used in NRS 482.3835 and 482.384 and sections 4, 5 and 6 of this act, unless the context otherwise requires, the words and terms defined in NRS 482.3835 and sections 4, 5 and 6 of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Duplicate number plate” means a license plate or a set of license plates issued to a registered owner which repeats the code of a plate or set of plates previously issued to the owner to maintain his registration using the same code.

      Sec. 4.  “Person with a disability of moderate duration” means a person:

      1.  With a disability which limits or impairs the ability to walk; and

      2.  Whose disability has been certified by a licensed physician as being reversible, but estimated to last longer than 6 months.

      Sec. 5.  “Person with a permanent disability” means a person:

      1.  With a disability which limits or impairs the ability to walk; and

      2.  Whose disability has been certified by a licensed physician as irreversible.

      Sec. 6.  “Person with a temporary disability” means a person:

      1.  With a disability which limits or impairs the ability to walk; and


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      2.  Whose disability has been certified by a licensed physician as estimated to last not longer than 6 months.

      Sec. 7.  “Substitute number plate” means a license plate or a set of license plates issued in place of a previously issued and unexpired plate or set of plates. The plate or set of plates does not repeat the code of the previously issued plate or set.

      Sec. 8.  NRS 482.010 is hereby amended to read as follows:

      482.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 482.011 to 482.137, inclusive, and sections 3 and 7 of this act have the meanings ascribed to them in those sections.

      Sec. 9.  NRS 482.215 is hereby amended to read as follows:

      482.215  1.  All applications for registration, except applications for renewal of registration, must be made as provided in this section.

      2.  Except as otherwise provided in NRS 482.294, applications for all registrations, except renewals of registration, must be made in person, if practicable, to any office or agent of the Department or to a registered dealer.

      3.  Each application must be made upon the appropriate form furnished by the Department and contain:

      (a) The signature of the owner, except as otherwise provided in subsection 2 of NRS 482.294, if applicable.

      (b) His residential address.

      (c) His declaration of the county where he intends the vehicle to be based, unless the vehicle is deemed to have no base. The Department shall use this declaration to determine the county to which the governmental services tax is to be paid.

      (d) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether new or used, and the last license number, if known, and the state in which it was issued, and upon the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this state for the make to be registered to the person first purchasing or operating the vehicle.

      (e) [Proof satisfactory to the Department or registered dealer that] Except as otherwise provided in this paragraph, if the applicant is not an owner of a fleet of vehicles or a person described in subsection 5, a declaration signed by the applicant that he has provided the insurance required by NRS 485.185 and [, except as otherwise provided in this paragraph, his signed declaration that he] will maintain the insurance during the period of registration. If the application is submitted by electronic means pursuant to NRS 482.294, the applicant is not required to sign the declaration required by this paragraph.

      (f) If the [insurance is provided by a contract of insurance,] applicant is an owner of a fleet of vehicles or a person described in subsection 5, evidence of [that insurance provided by the insurer in the form of:

             (1) A] insurance:

             (1) In the form of a certificate of insurance on a form approved by the Commissioner of Insurance; [or

             (2) A]

             (2) In the form of a card issued pursuant to NRS 690B.023 which identifies the vehicle and indicates, at the time of application for registration, coverage which meets the requirements of NRS 485.185 [.] ; or

             (3) In another form satisfactory to the Department.


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The Department may file that evidence, return it to the applicant or otherwise dispose of it.

      (g) If required, evidence of the applicant’s compliance with controls over emission.

      4.  The application must contain such other information as is required by the Department or registered dealer [,] and must be accompanied by proof of ownership satisfactory to the Department.

      5.  For purposes of the [proof, declaration and] evidence required by [paragraphs (e) and] paragraph (f) of subsection 3:

      (a) Vehicles which are subject to the fee for a license and the requirements of registration of the Interstate Highway User Fee Apportionment Act, and which are based in this state, may be declared as a fleet by the registered owner thereof [,] on his original application for or application for renewal of a proportional registration. The owner may file a single certificate of insurance covering that fleet.

      (b) Other fleets composed of 10 or more vehicles based in this state or vehicles insured under a blanket policy which does not identify individual vehicles may each be declared annually as a fleet by the registered owner thereof for the purposes of an application for his original or any renewed registration. The owner may file a single certificate of insurance covering that fleet.

      (c) A person who qualifies as a self-insurer pursuant to the provisions of NRS 485.380 may file a copy of his certificate of self-insurance.

      (d) A person who qualifies for an operator’s policy of liability insurance pursuant to the provisions of NRS 485.186 and 485.3091 may file evidence of that insurance.

      Sec. 10.  NRS 482.283 is hereby amended to read as follows:

      482.283  Each holder of a valid registration, upon changing his name or place of residence, shall notify the Department of [such] the change within [10 days thereof] 30 days after the change and shall include in [such] the notice both the old and new names and residence addresses.

      Sec. 11.  NRS 482.285 is hereby amended to read as follows:

      482.285  1.  If any certificate of registration or certificate of [ownership] title is lost, mutilated or illegible, the person to whom it was issued shall immediately make application for and obtain a duplicate or substitute therefor upon furnishing information satisfactory to the Department and upon payment of the required fees.

      2.  If any license plate or plates or any decal is lost, mutilated or illegible, the person to whom it was issued shall immediately make application for and obtain [a] :

      (a) A duplicate number plate or a substitute [therefor upon:

      (a) Furnishing] number plate;

      (b) A substitute decal; or

      (c) A combination of both (a) and (b),

as appropriate, upon furnishing information satisfactory to the Department [; and

      (b) Payment] and payment of the fees required by NRS 482.500.

      3.  If any license plate or plates or any decal is stolen, the person to whom it was issued shall immediately make application for and obtain:

      (a) A substitute number plate;

      (b) A substitute decal; or

      (c) A combination of both (a) and (b),as appropriate, upon furnishing information satisfactory to the Department and payment of the fees required by NRS 482.500.


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as appropriate, upon furnishing information satisfactory to the Department and payment of the fees required by NRS 482.500.

      4.  The Department shall issue duplicate number plates or substitute number plates and, if applicable, a substitute decal, if the applicant:

      (a) Returns the mutilated or illegible plates to the Department or [certifies under oath] signs a declaration that the plates were lost , mutilated or [stolen;] illegible; and

      (b) [Makes] Complies with the provisions of subsection 6.

      5.  The Department shall issue substitute number plates and, if applicable, a substitute decal, if the applicant:

      (a) Signs a declaration that the plates were stolen; and

      (b) Complies with the provisions of subsection 6.

      6.  Except as otherwise provided in this subsection, an applicant who desires duplicate number plates or substitute number plates must make application for renewal of registration. Credit must be allowed for the portion of the registration fee and governmental services tax attributable to the remainder of the current registration period. In lieu of making application for renewal of registration, an applicant may elect to make application solely for:

      (a) Duplicate number plates or substitute number plates, and a substitute decal, if the previous license plates were lost, mutilated or illegible; or

      (b) Substitute number plates and a substitute decal, if the previous license plates were stolen.

      7.  An applicant who makes the election described in subsection 6 retains his current date of expiration for the registration of the applicable vehicle and is not, as a prerequisite to receiving duplicate number plates or substitute number plates or a substitute decal, required to:

      (a) Submit evidence of compliance with controls over emission; or

      (b) Pay the registration fee and governmental services tax attributable to a full 12-month period of registration.

      Sec. 12.  NRS 482.3835 is hereby amended to read as follows:

      482.3835  [As used in NRS 482.384, unless the context otherwise requires, “person] “Person with a disability which limits or impairs the ability to walk” means a person who:

      1.  Cannot walk 200 feet without stopping to rest;

      2.  Cannot walk without the use of a brace, cane, crutch, wheelchair or prosthetic or other assistive device, or another person;

      3.  Is restricted by a lung disease to such an extent that the person’s forced expiratory volume for 1 second, when measured by a spirometer, is less than 1 liter, or the arterial oxygen tension is less than 60 millimeters of mercury on room air while the person is at rest;

      4.  Uses portable oxygen;

      5.  Has a cardiac condition to the extent that the person’s functional limitations are classified in severity as a Class III or Class IV according to standards adopted by the American Heart Association;

      6.  Is visually handicapped; or

      7.  Is severely limited in his ability to walk because of an arthritic, neurological or orthopedic condition.

      Sec. 13.  NRS 482.384 is hereby amended to read as follows:

      482.384  1.  Upon the application of a person with a permanent disability , [which limits or impairs the ability to walk,] the Department may issue special license plates for a vehicle, including a motorcycle, registered by the applicant pursuant to this chapter.


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issue special license plates for a vehicle, including a motorcycle, registered by the applicant pursuant to this chapter. [Except as otherwise provided in subsection 2, the] The application must include a statement from a licensed physician certifying that the applicant is a person with a permanent disability . [which limits or impairs the ability to walk.] The issuance of a special license plate to a person with a permanent disability pursuant to this subsection does not preclude the issuance to such a person of a special parking placard for a vehicle other than a motorcycle or a special parking sticker for a motorcycle pursuant to subsection 6.

      2.  Every [second] year after the initial issuance of special license plates to a person [who the Department determines is not permanently disabled,] with a permanent disability, the Department shall require the person [, when he applies] to renew his special license plates [, to include with his application a statement from a licensed physician certifying that the applicant is a person with a disability which limits or impairs the ability to walk.] in accordance with the procedures for renewal of registration pursuant to this chapter. The Department shall not require a person [who it determines is permanently disabled] with a permanent disability to include [such a statement] with his application for renewal [.] a statement from a licensed physician certifying that the person is a person with a permanent disability.

      3.  Upon the application of an organization which provides transportation for a person with a permanent disability [which limits or impairs the ability to walk,] , disability of moderate duration or temporary disability, the Department may issue special license plates for a vehicle registered by the organization pursuant to this chapter [.] , or the Department may issue special parking placards to the organization pursuant to this section to be used on vehicles providing transportation to such persons. The application must include a statement from the organization certifying that [the] :

      (a) The vehicle for which the special license plates are issued is used primarily to transport persons with permanent disabilities [which limit or impair the ability to walk.] , disabilities of moderate duration or temporary disabilities; or

      (b) The organization which is issued the special parking placards will only use such placards on vehicles that actually transport persons with permanent disabilities, disabilities of moderate duration or temporary disabilities.

      4.  The Department may charge a fee for special license plates issued pursuant to this section not to exceed the fee charged for the issuance of license plates for the same class of vehicle.

      5.  Special license plates issued pursuant to this section must display the international symbol of access in a color which contrasts with the background and is the same size as the numerals and letters on the plate.

      6.  Upon the application of a person with a permanent disability [which limits or impairs the ability to walk,] or disability of moderate duration, the Department may issue:

      (a) A special parking placard for a vehicle other than a motorcycle. Upon request, the Department may issue one additional placard to an applicant to whom special license plates have not been issued pursuant to this section.

      (b) A special parking sticker for a motorcycle.


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The application must include a statement from a licensed physician certifying that the applicant is a person with a permanent disability [which limits or impairs the ability to walk.] or disability of moderate duration.

      7.  A special parking placard issued pursuant to subsection 6 must:

      (a) Have inscribed on it the international symbol of access which is at least 3 inches in height, is centered on the placard and is white on a blue background;

      (b) Have an identification number and date of expiration [;] of:

             (1) If the special parking placard is issued to a person with a permanent disability, 10 years after the initial date of issuance; or

             (2) If the special parking placard is issued to a person with a disability of moderate duration, 2 years after the initial date of issuance;

      (c) Have placed or inscribed on it the seal or other identification of the Department; and

      (d) Have a form of attachment which enables a person using the placard to display the placard from the rearview mirror of the vehicle.

      8.  A special parking sticker issued pursuant to subsection 6 must:

      (a) Have inscribed on it the international symbol of access which complies with any applicable federal standards, is centered on the sticker and is white on a blue background;

      (b) Have an identification number and a date of expiration [;] of:

             (1) If the special parking sticker is issued to a person with a permanent disability, 10 years after the initial date of issuance; or

             (2) If the special parking sticker is issued to a person with a disability of moderate duration, 2 years after the initial date of issuance; and

      (c) Have placed or inscribed on it the seal or other identification of the Department.

      9.  Before the date of expiration of a special parking placard or special parking sticker issued to a person with a permanent disability or disability of moderate duration, the person shall renew his special parking placard or special parking sticker. If the applicant for renewal is a person with a disability of moderate duration, the applicant must include with his application for renewal a statement from a licensed physician certifying that the applicant is a person with a disability which limits or impairs the ability to walk, and that such disability, although not irreversible, is estimated to last longer than 6 months. A person with a permanent disability is not required to submit evidence of a continuing disability with his application for renewal.

      10.  The Department, or a city or county, may issue, and charge a reasonable fee for, a temporary parking placard for a vehicle other than a motorcycle or a temporary parking sticker for a motorcycle upon the application of a person with a temporary disability . [which limits or impairs the ability to walk.] Upon request, the Department, city or county may issue one additional temporary parking placard to an applicant. The application must include a certificate from a licensed physician indicating:

      (a) That the applicant has a temporary disability ; [which limits or impairs the ability to walk;] and

      (b) The estimated period of the disability.

      [10.] 11.  A temporary parking placard issued pursuant to subsection [9] 10 must:


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      (a) Have inscribed on it the international symbol of access which is at least 3 inches in height, is centered on the placard and is white on a red background; and

      (b) Have a form of attachment which enables a person using the placard to display the placard from the rearview mirror of the vehicle.

      [11.] 12.  A temporary parking sticker issued pursuant to subsection [9] 10 must have inscribed on it the international symbol of access which is at least 3 inches in height, is centered on the sticker and is white on a red background.

      [12.] 13.  A temporary parking placard or temporary parking sticker is valid only for the period for which a physician has certified the disability, but in no case longer than 6 months.

      [13.] If the temporary disability continues after the period for which the physician has certified the disability, the person with the temporary disability must renew the temporary parking placard or temporary parking sticker before the temporary parking placard or temporary parking sticker expires. The person with the temporary disability shall include with his application for renewal a statement from a licensed physician certifying that the applicant continues to be a person with a temporary disability and the estimated period of the disability.

      14.  A special or temporary parking placard must be displayed in the vehicle when the vehicle is parked by hanging or attaching the placard to the rearview mirror of the vehicle. If the vehicle has no rearview mirror, the placard must be placed on the dashboard of the vehicle in such a manner that the placard can easily be seen from outside the vehicle when the vehicle is parked.

      [14.] 15.  A special or temporary parking sticker must be affixed to the windscreen of the motorcycle. If the motorcycle has no windscreen, the sticker must be affixed to any other part of the motorcycle which may be easily seen when the motorcycle is parked.

      [15.] 16.  Special or temporary parking placards, special or temporary parking stickers, or special license plates issued pursuant to this section do not authorize parking in any area on a highway where parking is prohibited by law.

      [16.] 17.  No person, other than the person certified as being a person with a permanent disability [which limits or impairs the ability to walk,] , disability of moderate duration or temporary disability, or a person actually transporting such a person, may use the special license plates or a special or temporary parking placard, or a special or temporary parking sticker issued pursuant to this section to obtain any special parking privileges available pursuant to this section.

      [17.] 18.  Any person who violates the provisions of subsection [16] 17 is guilty of a misdemeanor.

      [18.] 19.  The Department may review the eligibility of each holder of a special parking placard, a special parking sticker or special license plates, or any combination thereof. Upon a determination of ineligibility by the Department, the holder shall surrender the special parking placard, special parking sticker or special license plates, or any combination thereof, to the Department.

      [19.] 20.  The Department may adopt such regulations as are necessary to carry out the provisions of this section.


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      Sec. 14.  NRS 482.500 is hereby amended to read as follows:

      482.500  1.  Except as otherwise provided in subsection 2 or 3, whenever upon application any duplicate or substitute certificate of registration, decal or number plate is issued, the following fees must be paid:

 

For a certificate of registration........................................................................ $5.00

For every substitute number plate or set of plates......................................... 5.00

For every duplicate number plate or set of plates........................................ 10.00

For every decal displaying a county name......................................................   .50

For every other decal, license plate sticker or tab........................................... 5.00

 

      2.  The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:

      (a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816, inclusive, a fee of $10.

      (b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

      (c) Except as otherwise provided in NRS 482.37937 and 482.37945, for any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the Director for the issuance of those plates.

      3.  A fee must not be charged for a duplicate or substitute of a decal issued pursuant to NRS 482.37635.

      4.  The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the State Treasurer for credit to the Motor Vehicle Fund and allocated to the Department to defray the costs of duplicating the plates and manufacturing the decals.

      [5.  As used in this section:

      (a) “Duplicate number plate” means a license plate or a set of license plates issued to a registered owner which repeat the code of a plate or set of plates previously issued to the owner to maintain his registration using the same code.

      (b) “Substitute number plate” means a license plate or a set of license plates issued in place of a previously issued and unexpired plate or set of plates. The plate or set of plates does not repeat the code of the previously issued plate or set.]

      Sec. 15.  Chapter 484 of NRS is hereby amended by adding thereto the provisions set forth as sections 16, 17 and 18 of this act.

      Sec. 16.  “Person with a disability of moderate duration” has the meaning ascribed to it in section 4 of this act.

      Sec. 17.  “Person with a permanent disability” has the meaning ascribed to it in section 5 of this act.

      Sec. 18.  “Person with a temporary disability” has the meaning ascribed to it in section 6 of this act.

      Sec. 19.  NRS 484.013 is hereby amended to read as follows:

      484.013  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 484.014 to 484.217, inclusive, and sections 16, 17 and 18 of this act have the meanings ascribed to them in those sections.


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      Sec. 20.  NRS 484.407 is hereby amended to read as follows:

      484.407  1.  Except as otherwise provided in subsection 3, an owner or operator of a motor vehicle displaying a special parking placard, a special parking sticker, a temporary parking placard, a temporary parking sticker or special plates issued pursuant to NRS 482.384, or special plates for a disabled veteran issued pursuant to NRS 482.377, may park the motor vehicle for not more than 4 hours at any one time in a parking zone restricted as to the length of time parking is permitted, without penalty, removal or impoundment of the vehicle if the parking is otherwise consistent with public safety and is done by a person with a permanent disability [which limits or impairs the ability to walk,] , disability of moderate duration or temporary disability, a disabled veteran , or a person transporting any such [a] person.

      2.  An owner or operator of a motor vehicle displaying special plates for a disabled veteran issued pursuant to NRS 482.377 may, without displaying a special license plate, placard or sticker issued pursuant to NRS 482.384, park in a parking space designated for the handicapped if:

      (a) The parking is done by a disabled veteran; or

      (b) A disabled veteran is a passenger in the motor vehicle being parked.

      3.  This section does not authorize the parking of a motor vehicle in any privately or municipally owned facility for parking off the highway without paying the required fee for the time during which the vehicle is so parked.

      Sec. 21.  NRS 484.408 is hereby amended to read as follows:

      484.408  1.  Any parking space designated for the handicapped must be indicated by a sign:

      (a) Bearing the international symbol of access with or without the words “Parking,” “Handicapped Parking,” “Handicapped Parking Only ” [] or “Reserved for the Handicapped,” or any other word or combination of words indicating that the space is designated for the handicapped;

      (b) Stating “Minimum fine of $100 for use by others” or equivalent words; and

      (c) The bottom of which must be not less than 4 feet above the ground.

      2.  In addition to the requirements of subsection 1, a parking space designated for the handicapped which:

      (a) Is designed for the exclusive use of a vehicle with a side-loading wheelchair lift; and

      (b) Is located in a parking lot with 60 or more parking spaces,

must be indicated by a sign using a combination of words to state that the space is for the exclusive use of a vehicle with a side-loading wheelchair lift.

      3.  If a parking space is designed for the use of a vehicle with a side-loading wheelchair lift, the space which is immediately adjacent and intended for use in the loading and unloading of a wheelchair into or out of such a vehicle must be indicated by a sign:

      (a) Stating “No Parking” or similar words which indicate that parking in such a space is prohibited;

      (b) Stating “Minimum fine of $100 for violation” or similar words indicating that the minimum fine for parking in such a space is $100; and

      (c) The bottom of which must not be less than 4 feet above the ground.

      4.  An owner of private property upon which is located a parking space described in subsection 1, 2 or 3 shall erect and maintain or cause to be erected and maintained any sign required pursuant to subsection 1, 2 or 3, whichever is applicable. If a parking space described in subsection 1, 2 or 3 is located on public property, the governmental entity having control over that public property shall erect and maintain or cause to be erected and maintained any sign required pursuant to subsection 1, 2 or 3, whichever is applicable.


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that public property shall erect and maintain or cause to be erected and maintained any sign required pursuant to subsection 1, 2 or 3, whichever is applicable.

      5.  A person shall not park a vehicle in a space designated for the handicapped by a sign that meets the requirements of subsection 1, whether on public or privately owned property, unless he is eligible to do so and the vehicle displays:

      (a) Special license plates issued pursuant to NRS 482.384;

      (b) A special or temporary parking placard issued pursuant to NRS 482.384;

      (c) A special or temporary parking sticker issued pursuant to NRS 482.384;

      (d) Special license plates, a special or temporary parking sticker, or a special or temporary parking placard displaying the international symbol of access issued by another state or a foreign country; or

      (e) Special license plates for a disabled veteran issued pursuant to NRS 482.377.

      6.  Except as otherwise provided in this subsection, a person shall not park a vehicle in a space that is reserved for the exclusive use of a vehicle with a side-loading wheelchair lift and is designated for the handicapped by a sign that meets the requirements of subsection 2, whether on public or privately owned property, unless:

      (a) He is eligible to do so;

      (b) The vehicle displays the special license plates or placard set forth in subsection 5; and

      (c) The vehicle is equipped with a side-loading wheelchair lift.

A person who meets the requirements of paragraphs (a) and (b) may park a vehicle that is not equipped with a side-loading wheelchair lift in such a parking space if the space is in a parking lot with fewer than 60 parking spaces.

      7.  A person shall not park in a space which:

      (a) Is immediately adjacent to a space designed for use by a vehicle with a side-loading wheelchair lift; and

      (b) Is designated as a space in which parking is prohibited by a sign that meets the requirements of subsection 3,

whether on public or privately owned property.

      8.  A person shall not use a plate, sticker or placard set forth in subsection 5 to park in a space designated for the handicapped unless he is a person with a permanent disability [which limits or impairs the ability to walk,] , disability of moderate duration or temporary disability, a disabled veteran , or the driver of a vehicle in which any such [a] person is a passenger.

      9.  A person who violates any of the provisions of subsections 5 to 8, inclusive, is guilty of a misdemeanor and shall be punished:

      (a) Upon the first offense, by a fine of $100.

      (b) Upon the second offense, by a fine of $250 and not less than 8 hours, but not more than 50 hours, of community service.

      (c) Upon the third or subsequent offense, by a fine of not less than $500, but not more than $1,000 and not less than 25 hours, but not more than 100 hours, of community service.

      Sec. 22.  1.  This section and sections 1, 3, 7, 8, 11 and 14 of this act become effective on July 1, 2003.


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ê2003 Statutes of Nevada, Page 383 (Chapter 31, AB 177)ê

 

      2.  Sections 9 and 10 of this act become effective on October 1, 2003.

      3.  Sections 2, 4, 5, 6, 12, 13 and 15 to 21, inclusive, of this act become effective on January 1, 2004.

________

 

CHAPTER 32, AB 201

Assembly Bill No. 201–Assemblymen Leslie and Williams

 

CHAPTER 32

 

AN ACT relating to children; revising certain provisions relating to awards of money made by the Committee for Protection of Children from the Children’s Trust Account to certain agencies, organizations or institutions; and providing other matters properly relating thereto.

 

[Approved: April 30, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 432.139 is hereby amended to read as follows:

      432.139  The Committee for Protection of Children shall:

      1.  Make [annual] awards of money from the Children’s Trust Account to agencies of the State or its political subdivisions, and nonprofit community organizations or educational institutions which provide or will provide services for the prevention of the abuse or neglect of children. The duration of an award granted pursuant to this subsection must not exceed 3 years.

      2.  Adopt by regulation criteria to determine which programs and services are eligible for an award of money [under] pursuant to subsection 1.

________

 

CHAPTER 33, AB 302

Assembly Bill No. 302–Committee on Judiciary

 

CHAPTER 33

 

AN ACT relating to controlled substances; repealing a duplicative provision concerning the penalty for the sale of imitation controlled substances; and providing other matters properly relating thereto.

 

[Approved: April 30, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 453.3345 is hereby amended to read as follows:

      453.3345  1.  Unless a greater penalty is provided in NRS 453.333 or 453.334, and except as otherwise provided in NRS 193.169, any person who violates NRS 453.321 [, 453.322 or 453.323:] or 453.322:

      (a) On the grounds of a public or private school, a playground, public park, public swimming pool, recreational center for youths or a video arcade;

      (b) On a campus of the University and Community College System of Nevada;


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ê2003 Statutes of Nevada, Page 384 (Chapter 33, AB 302)ê

 

      (c) Within 1,000 feet of the perimeter of such a school ground or campus, playground, park, pool, recreational center or arcade; or

      (d) Within 1,000 feet of a school bus stop from 1 hour before school begins until 1 hour after school ends during scheduled school days,

must be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this section runs consecutively with the sentence prescribed by statute for the crime.

      2.  This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

      3.  For the purposes of this section:

      (a) “Playground” means any outdoor facility, intended for recreation, open to the public and in any portion thereof containing one or more apparatus intended for the recreation of children, such as a sliding board, teeterboard, sandbox or swingset.

      (b) “Recreational center for youths” means a recreational facility or gymnasium which regularly provides athletic, civic or cultural activities for persons under 18 years of age.

      (c) “School bus” has the meaning ascribed to it in NRS 483.160.

      (d) “Video arcade” means a facility legally accessible to persons under 18 years of age, intended primarily for the use of pinball and video machines for amusement and which contains a minimum of 10 such machines.

      Sec. 2.  NRS 453.323 is hereby repealed.

      Sec. 3.  This act becomes effective upon passage and approval.

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CHAPTER 34, AB 306

Assembly Bill No. 306–Assemblymen Andonov, Sherer, Hardy, Chowning, Geddes, Anderson, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Christensen, Claborn, Collins, Conklin, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Weber and Williams

 

Joint Sponsors: Senators Raggio, Amodei, Townsend, Care, Wiener, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Nolan, O’Connell, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus and Washington

 

CHAPTER 34

 

AN ACT relating to veterans; authorizing certain veterans’ organizations to take possession of the unclaimed bodies of deceased veterans and provide for a military funeral; and providing other matters properly relating thereto.

 

[Approved: April 30, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 


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ê2003 Statutes of Nevada, Page 385 (Chapter 34, AB 306)ê

 

      Section 1.  NRS 417.210 is hereby amended to read as follows:

      417.210  1.  A veteran who is eligible for interment in a national cemetery pursuant to the provisions of 38 U.S.C. § 2402 is eligible for interment in a veterans’ cemetery in this state.

      2.  An eligible veteran, or a member of his immediate family, or a veterans’ organization recognized by the Executive Director may apply for a plot in a cemetery for veterans in this state by submitting a request to the cemetery superintendent on a form to be supplied by the cemetery superintendent. The cemetery superintendent shall assign available plots in the order in which applications are received. A specific plot may not be reserved before it is needed for burial. No charge may be made for a plot or for the interment of a veteran.

      3.  One plot is allowed for the interment of each eligible veteran and for each member of his immediate family, except where the conditions of the soil or the number of the decedents of the family requires more than one plot.

      4.  The Executive Director shall charge a fee for the interment of a family member, but the fee may not exceed the actual cost of interment.

      5.  As used in this section, “immediate family” means the spouse, minor child or, when the Executive Director deems appropriate, the unmarried adult child of an eligible veteran.

      Sec. 2.  NRS 451.400 is hereby amended to read as follows:

      451.400  1.  All public officers, agents or employees of every county, city or town, every person in charge of any prison, morgue, hospital, funeral parlor or mortuary, and all other persons coming into possession, charge or control of any dead human body which is unclaimed or which is required to be buried at public expense are hereby required to notify the Committee immediately, or such person as may from time to time be designated by the Committee.

      2.  [Every] Except as otherwise provided in NRS 451.420, every such person shall, upon the request of the Committee and without fee, deliver such a dead body to the Committee, or to such agent, institution or person as the Committee shall designate.

      Sec. 3.  NRS 451.420 is hereby amended to read as follows:

      451.420  1.  Notice of death [shall] must be given to the Committee in all cases of unclaimed indigent persons. [No body shall be delivered to the Committee if]

      2.  If any relative, by blood or marriage, claims the body for burial at the expense of [such] the relative, [but the body shall] the body must not be delivered to the Committee, but must be surrendered to the claimant for interment.

      3.  No such body [shall] may be delivered to the Committee if any friend of the deceased, any representative of a fraternal society of which the deceased was a member, any representative of a veterans’ organization recognized by the Executive Director for Veterans’ Services, or any representative of any charitable or religious organization claims the body for burial at its expense. [No body shall be delivered to the Committee if]

      4.  If the deceased person was an honorably discharged member of the Armed Forces of the United States or the State [but the body shall] , the body must not be delivered to the Committee, but must be buried in accordance with the provisions of the existing laws. If a veterans’ organization claims the body of a deceased veteran pursuant to subsection 3, the veterans’ organization must provide a military funeral.


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ê2003 Statutes of Nevada, Page 386 (Chapter 34, AB 306)ê

 

      Sec. 4.  NRS 451.430 is hereby amended to read as follows:

      451.430  Any dead human body which has been delivered to the Committee may be claimed by any friend of the deceased, any representative of a fraternal society of which the deceased was a member, a veterans’ organization recognized by the Executive Director for Veterans’ Services, or any representative of any charitable or religious organization. Upon receipt of such a claim, the body [shall] must be surrendered to the claimant by the Committee after the payment to the Committee of the expenses incurred in obtaining and handling [such] the body. If a veterans’ organization claims the body of a deceased veteran pursuant to this section, the veterans’ service organization must provide a military funeral.

      Sec. 5.  This act becomes effective on July 1, 2003.

________

 

CHAPTER 35, AB 175

Assembly Bill No. 175–Committee on Education

 

CHAPTER 35

 

AN ACT relating to school districts; providing for the appointment of a temporary replacement to a board of trustees of a school district for a member who enters active military service; and providing other matters properly relating thereto.

 

[Approved: May 1, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 386 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a vacancy occurs, or will occur, in a board of trustees because a member of the board has entered, or is entering, into active military service, the board of trustees may appoint a person to serve as a temporary replacement for that member. Such a temporary appointment must be made in the manner, and subject to the requirements, otherwise prescribed in NRS 386.270, except that the member of the board of trustees who has entered, or is entering, into active military service may participate in the process to appoint his temporary replacement.

      2.  If a person is temporarily appointed to serve on a board of trustees pursuant to this section:

      (a) The person fully assumes the duties, rights and responsibilities of a member of the board of trustees, and is entitled to the compensation, allowances and expenses otherwise payable to a member, for the duration of his appointment.

      (b) The member of a board of trustees who is temporarily replaced shall be deemed to be on leave without pay from the board of trustees for the duration of the appointment of his temporary replacement.

      3.  A person appointed to serve on the board of trustees pursuant to this section serves:

      (a) Until the member of the board of trustees being temporarily replaced returns from active military service; or


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ê2003 Statutes of Nevada, Page 387 (Chapter 35, AB 175)ê

 

      (b) For the remainder of the unexpired term of that member,

whichever occurs first.

      Sec. 2.  NRS 386.270 is hereby amended to read as follows:

      386.270  Except as otherwise provided in section 1 of this act:

      1.  Any vacancy occurring in a board of trustees [shall] must be filled by appointment by the remaining members of [such] the board at a public meeting held after notice of [such] the meeting is published at least once each week for 2 weeks in a newspaper qualified pursuant to the provisions of chapter 238 of NRS. The appointee shall serve until the next general election, at which time his successor [shall] must be elected for the balance of the unexpired term.

      2.  Any person appointed to fill a vacancy [shall] must have the qualifications provided in NRS 386.240.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 

CHAPTER 36, AB 189

Assembly Bill No. 189–Assemblymen Parks, Chowning, Koivisto, Manendo, Anderson, Atkinson, Buckley, Claborn, Conklin, Geddes, Goldwater, Grady, Griffin, Hardy, Knecht, Leslie, McClain, McCleary, Mortenson, Oceguera, Perkins, Pierce, Sherer and Williams (by request)

 

Joint Sponsor: Senator Wiener

 

CHAPTER 36

 

AN ACT relating to crimes; providing a greater penalty for false imprisonment when committed by using the person so imprisoned as a shield or to avoid arrest; and providing other matters properly relating thereto.

 

[Approved: May 1, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 200.460 is hereby amended to read as follows:

      200.460  1.  False imprisonment is an unlawful violation of the personal liberty of another, and consists in confinement or detention without sufficient legal authority.

      2.  A person convicted of false imprisonment shall pay all damages sustained by the person so imprisoned, and, except as otherwise provided in subsection 3, is guilty of a gross misdemeanor.

      3.  [If] Unless a greater penalty is provided pursuant to subsection 4, if the false imprisonment is committed:

      (a) By a prisoner in a penal institution without a deadly weapon; or

      (b) By any other person with the use of a deadly weapon,

the person convicted of such a false imprisonment 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.


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ê2003 Statutes of Nevada, Page 388 (Chapter 36, AB 189)ê

 

      4.  Unless a greater penalty is provided pursuant to subsection 5, if the false imprisonment is committed by using the person so imprisoned as a shield or to avoid arrest, the person convicted of such a false imprisonment 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 15 years.

      5.  If the false imprisonment is committed by a prisoner who is in lawful custody or confinement with the use of a deadly weapon, the person convicted of such a false imprisonment 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 20 years.

      Sec. 2.  NRS 207.012 is hereby amended to read as follows:

      207.012  1.  A person who:

      (a) Has been convicted in this state of a felony listed in subsection 2; and

      (b) Before the commission of that felony, was twice convicted of any crime which under the laws of the situs of the crime or of this state would be a felony listed in subsection 2, whether the prior convictions occurred in this state or elsewhere,

is a habitual felon and shall be punished for a category A felony by imprisonment in the state prison:

             (1) For life without the possibility of parole;

             (2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

             (3) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.

      2.  The district attorney shall include a count under this section in any information or shall file a notice of habitual felon if an indictment is found, if each prior conviction and the alleged offense committed by the accused constitutes a violation of subparagraph (1) of paragraph (a) of subsection 1 of NRS 193.330, NRS 199.160, 199.500, 200.030, 200.320, 200.330, 200.340, 200.366, 200.380, 200.390, subsection 3 or 4 of NRS 200.400, NRS 200.410, subsection 3 of NRS 200.450, subsection [4] 5 of NRS 200.460, NRS 200.465, subsection 1, paragraph (a) of subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508, NRS 200.710, 200.720, 201.230, 201.450, 202.170, 202.270, subsection 2 of NRS 202.780, paragraph (b) of subsection 2 of NRS 202.820, subsection 2 of NRS 202.830, NRS 205.010, subsection 4 of NRS 205.060, subsection 4 of NRS 205.067, NRS 205.075, 207.400, paragraph (a) of subsection 1 of NRS 212.090, NRS 453.333, 484.219 or 484.3795.

      3.  The trial judge may not dismiss a count under this section that is included in an indictment or information.

      Sec. 3.  This act becomes effective upon passage and approval.

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ê2003 Statutes of Nevada, Page 389ê

 

CHAPTER 37, AB 247

Assembly Bill No. 247–Committee on Government Affairs

 

CHAPTER 37

 

AN ACT relating to veterans’ homes; providing for the creation and administration of a trust fund consisting of money belonging to the residents of a veterans’ home; providing for the creation and administration of a reserve cash fund to allow those residents immediate access to their money; providing for the creation and administration of a revolving account for each veterans’ home to be used for the immediate payment of certain expenses of the veterans’ home; authorizing the Executive Director of the Office of Veterans’ Services to transfer money from the Veterans’ Home Account to the revolving accounts under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 1, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 417 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  An administrator for a veterans’ home may accept money belonging to the residents of the veterans’ home and, except as otherwise provided in this section, shall deposit that money in a trust fund which is established in a bank, credit union or savings and loan association qualified to receive deposits of public money. The administrator shall account for all such money of the residents separately. Interest and income earned on the money in the trust fund, after deducting any applicable charges, must be accounted for separately and credited to the appropriate accounts in the trust fund.

      2.  The administrator shall:

      (a) Keep a separate account for each resident who entrusts his money with the administrator for deposit into the trust fund.

      (b) Keep, or cause to be kept, a full and accurate written account of the money of each resident of the veterans’ home accepted pursuant to this section.

      (c) Pay any remaining balance in the account of a resident, including an amount equal to that portion of money in the reserve cash fund maintained pursuant to subsection 3 that is attributable to the resident:

             (1) If the resident leaves the veterans’ home, to the resident or his legal guardian; or

             (2) Upon the death of the resident, to the person administering the estate of the resident.

      3.  From the money in the trust fund, the administrator shall maintain a sum not to exceed $3,000 in a reserve cash fund at the veterans’ home for immediate use by the residents of the veterans’ home who have an account in the trust fund. The administrator shall not keep an amount in the reserve cash fund attributable to a specific resident that is in excess of $50. If a resident withdraws money from the reserve cash fund, the administrator shall deduct the amount of the withdrawal from the resident’s account in the trust fund.


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ê2003 Statutes of Nevada, Page 390 (Chapter 37, AB 247)ê

 

administrator shall deduct the amount of the withdrawal from the resident’s account in the trust fund.

      Sec. 3.  1.  A revolving account up to the amount of $2,000 is hereby created for each veterans’ home, and may be used for the payment of bills of the veterans’ home requiring immediate payment and for no other purpose. The administrator of a veterans’ home shall deposit the money for the revolving account for the veterans’ home in a bank, credit union or savings and loan association qualified to receive deposits of public money. The revolving account must be under the control of the administrator of the veterans’ home for which the account was created.

      2.  The Executive Director may transfer such amounts of money from the Veterans’ Home Account to a revolving account as the Executive Director determines necessary provided that the balance in the revolving account does not exceed $2,000.

      Sec. 4.  This act becomes effective upon passage and approval.

________

 

CHAPTER 38, AB 468

Assembly Bill No. 468–Committee on Ways and Means

 

CHAPTER 38

 

AN ACT making supplemental appropriations to the Welfare Division of the Department of Human Resources for unanticipated shortfalls in Fiscal Year 2002-2003 for the Electronic Transfer Program and the State’s share of caseload requirements and cost allocation of the Division; and providing other matters properly relating thereto.

 

[Approved: May 1, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Welfare Administration of the Welfare Division of the Department of Human Resources the sum of $122,437 for an unanticipated shortfall in money for Fiscal Year 2002-2003 for the Electronic Benefits Transfer Program. This appropriation is supplemental to that made by section 19 of chapter 570, Statutes of Nevada 2001, at page 2861.

      2.  There is hereby appropriated from the State General Fund to the Welfare Field Services of the Welfare Division of the Department of Human Resources the sum of $2,761,305 for an unanticipated shortfall in money for Fiscal Year 2002-2003 to fund the State’s share of the caseload requirements and cost allocation of the Division. This appropriation is supplemental to that made by section 19 of chapter 570, Statutes of Nevada 2001, at page 2861.

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

________

 


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ê2003 Statutes of Nevada, Page 391ê

 

CHAPTER 39, AB 531

Assembly Bill No. 531–Committee on Taxation

 

CHAPTER 39

 

AN ACT relating to taxation; establishing the joint and several liability of a responsible person and other taxpayers for the payment of the use tax, interest and applicable penalties that are owed; establishing the same liability for certain other analogous taxes; and providing other matters properly relating thereto.

 

[Approved: May 1, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 372.398 is hereby amended to read as follows:

      372.398  1.  A responsible person who willfully fails to collect or pay to the Department the tax imposed by this chapter or who willfully attempts to evade the payment of the tax is jointly and severally liable with [the retailer] any other person who is required by this chapter to pay the tax for the tax owed plus interest and all applicable penalties. The responsible person shall pay the tax upon notice from the Department that it is due.

      2.  As used in this section, “responsible person” includes:

      (a) An officer or employee of a corporation; and

      (b) A member or employee of a partnership or limited-liability company,

whose job or duty it is to collect, account for or pay to the Department the tax imposed by this chapter.

      Sec. 2.  NRS 374.403 is hereby amended to read as follows:

      374.403  1.  A responsible person who willfully fails to collect or pay to the Department the tax imposed by this chapter or who willfully attempts to evade the payment of the tax is jointly and severally liable with [the retailer] any other person who is required by this chapter to pay the tax for the tax owed plus interest and all applicable penalties. The responsible person shall pay the tax upon notice from the Department that it is due.

      2.  As used in this section, “responsible person” includes:

      (a) An officer or employee of a corporation; and

      (b) A member or employee of a partnership or limited-liability company,

whose job or duty it is to collect, account for or pay to the Department the tax imposed by this chapter.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 


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ê2003 Statutes of Nevada, Page 392ê

 

CHAPTER 40, SB 87

Senate Bill No. 87–Committee on Judiciary

 

CHAPTER 40

 

AN ACT relating to courts; revising the provisions pertaining to the transaction of judicial business; and providing other matters properly relating thereto.

 

[Approved: May 1, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 1.130 is hereby amended to read as follows:

      1.130  1.  No court except a justice’s court or a municipal court shall be opened nor shall any judicial business be transacted except by a justice’s court or municipal court on Sunday, or on any day declared to be a legal holiday according to the provisions of NRS 236.015, except for the following purposes:

      (a) To give, upon their request, instructions to a jury then deliberating on their verdict.

      (b) To receive a verdict or discharge a jury.

      (c) For the exercise of the power of a magistrate in a criminal action or in a proceeding of a criminal nature.

      (d) To receive communications by telephone and for the issuance of a temporary order pursuant to subsection 5 of NRS 33.020.

      (e) For the issue of a writ of attachment, which may be issued on each and all of the days above enumerated upon the plaintiff, or some person in his behalf, setting forth in the affidavit required by law for obtaining the writ the additional averment as follows:

 

      That the affiant has good reason to believe, and does believe, that it will be too late for the purpose of acquiring a lien by the writ to wait until subsequent day for the issuance of the same.

 

All proceedings instituted, and all writs issued, and all official acts done on any of the days above specified, under and by virtue of this section, shall have all the validity, force and effect of proceedings commenced on other days, whether a lien be obtained or a levy made under and by virtue of the writ.

      2.  Nothing herein contained shall affect private transactions of any nature whatsoever.

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

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