Link to Page 1346

 

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2003 Statutes of Nevada, Page 1347

 

CHAPTER 255, SB 73

Senate Bill No. 73–Committee on Judiciary

 

CHAPTER 255

 

AN ACT relating to juries; revising the provisions governing exemptions from jury service; revising the provisions governing the selection of jurors in certain counties; revising the provisions regarding the compensation of jurors; and providing other matters properly relating thereto.

 

[Approved: May 28, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 6.020 is hereby amended to read as follows:

      6.020  1.  Except as otherwise provided in subsections 2 and 3 and NRS 67.050, upon satisfactory proof, made by affidavit or otherwise, the following-named persons, and no others, are exempt from service as grand or trial jurors:

      (a) [Any federal or state officer.

      (b) Any judge, justice of the peace or attorney at law.

      (c) Any county clerk, recorder, assessor, sheriff, deputy sheriff, constable or police officer.

      (d) Any locomotive engineer, locomotive fireman, conductor, brakeman, switchman or engine foreman.

      (e) Any officer or correctional officer employed by the Department of Corrections.

      (f) Any employee of the Legislature or the Legislative Counsel Bureau while the Legislature is in session.

      (g) Any physician, optometrist or dentist who is licensed to practice in this state.

      (h)] While the Legislature is in session, any member of the Legislature or any employee of the Legislature or the Legislative Counsel Bureau; and

      (b) Any person who has a fictitious address pursuant to NRS 217.462 to 217.471, inclusive.

      2.  All persons of the age of 70 years or over are exempt from serving as grand or trial jurors. Whenever it appears to the satisfaction of the court, by affidavit or otherwise, that a juror is over the age of 70 years, the court shall order the juror excused from all service as a grand or trial juror, if the juror so desires.

      3.  A person who is the age of 65 years or over who lives 65 miles or more from the court is exempt from serving as a grand or trial juror. Whenever it appears to the satisfaction of the court, by affidavit or otherwise, that a juror is the age of 65 years or over and lives 65 miles or more from the court, the court shall order the juror excused from all service as a grand or trial juror, if the juror so desires.

      Sec. 2.  NRS 6.045 is hereby amended to read as follows:

      6.045  1.  The district court may by rule of court designate the clerk of the court, one of his deputies or another person as a jury commissioner, and may assign to the jury commissioner such administrative duties in connection with trial juries and jurors as the court finds desirable for efficient administration.


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2003 Statutes of Nevada, Page 1348 (Chapter 255, SB 73)

 

connection with trial juries and jurors as the court finds desirable for efficient administration.

      2.  If a jury commissioner is so selected, he shall from time to time estimate the number of trial jurors which will be required for attendance on the district court and shall select that number from the qualified electors of the county not exempt by law from jury duty, whether registered as voters or not. The jurors may be selected by computer whenever procedures to assure random selection from computerized lists are established by the jury commissioner. [He] The jury commissioner shall keep a record of the name, occupation and address of each person selected.

      3.  The jury commissioner shall not select the name of any person whose name was selected the previous year, and who actually served on the jury by attending in court in response to the venire from day to day until excused from further attendance by order of the court, unless there are not enough other suitable jurors in the county to do the required jury duty.

      Sec. 3.  NRS 6.150 is hereby amended to read as follows:

      6.150  1.  Each person summoned to attend as a grand juror or a trial juror in the district court or justice’s court [, unless on or before the day he is summoned to attend he is excused by the court at his own request from serving,] is entitled to a fee of [$9] $40 for each day after the second day of jury selection that he is in attendance in response to the venire or summons, including Sundays and holidays.

      2.  Each grand juror and trial juror in the district court or justice’s court actually sworn and serving is entitled to a fee of [$15] $40 a day [, or $30 a day after 5 days,] as compensation for each day of service.

      3.  In addition to the fees specified in subsections 1 and 2, a board of county commissioners may provide that, for each day of such attendance or service, each person is entitled to be paid a per diem allowance in an amount equal to the allowance for meals provided for state officers and employees generally while away from the office and within this state pursuant to subsection 1 of NRS 281.160.

      4.  [Except as otherwise provided in this section, each] Each person summoned to attend as a grand juror or a trial juror in the district court or justice’s court and each grand juror and trial juror in the district court or justice’s court is entitled to receive [20] 36.5 cents a mile for each mile necessarily and actually traveled [by the shortest and most practical route. A board of county commissioners may provide that, for each mile so traveled, the person is entitled to be paid an amount equal to the allowance for travel by private conveyance provided for state officers and employees generally pursuant to subsection 3 of NRS 281.160. Where the mileage does not exceed 1 mile, an allowance must not be made for that mileage pursuant to this subsection.] if the home of the person summoned or serving as a juror is 65 miles or more from the place of trial.

      5.  If the home of a person summoned or serving as such a juror is [60] 65 miles or more from the place of trial and the selection, inquiry or trial lasts more than 1 day, he is entitled to receive an allowance for lodging at the rate provided by law for state employees, in addition to his daily compensation for attendance or service, for each day on which he does not return to his home.

      6.  In civil cases, any fee, per diem allowance or other compensation due each juror engaged in the trial of the cause must be paid each day in advance to the clerk of the court, or the justice of the peace, by the party who has demanded the jury.


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has demanded the jury. If the party paying this money is the prevailing party, the money is recoverable as costs from the losing party. If the jury from any cause is discharged in a civil action without finding a verdict and the party who demands the jury subsequently obtains judgment, the money so paid is recoverable as costs from the losing party.

      7.  The money paid by a county clerk to jurors for their services in a civil action or proceeding, which he has received from the party demanding the jury, must be deducted from the total amount due them for attendance as such jurors, and any balance is a charge against the county.

      Sec. 4.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

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CHAPTER 256, SB 199

Senate Bill No. 199–Senator McGinness

 

CHAPTER 256

 

AN ACT relating to weapons; prohibiting the sale or disposition of firearms or ammunition to certain persons; authorizing certain persons to manufacture and sell switchblade knives under certain circumstances; prohibiting possession of a firearm on which the serial number has been intentionally changed, altered, removed or obliterated; revising the provisions pertaining to possession of a firearm by certain persons; making various other changes to the provisions pertaining to firearms; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 28, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 202 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  Except as otherwise provided in subsection 3, a person within this state shall not sell or otherwise dispose of any firearm or ammunition to another person if he has actual knowledge that the other person:

      (a) Is under indictment for, or has been convicted of, a felony in this or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless he has received a pardon and the pardon does not restrict his right to bear arms;

      (b) Is a fugitive from justice;

      (c) Has been adjudicated as mentally ill or has been committed to any mental health facility; or

      (d) Is illegally or unlawfully in the United States.

      2.  A person who violates the provisions of subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.


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      3.  This section does not apply to a person who sells or disposes of any firearm or ammunition to:

      (a) A licensed importer, licensed manufacturer, licensed dealer or licensed collector who, pursuant to 18 U.S.C. ง 925(b), is not precluded from dealing in firearms or ammunition; or

      (b) A person who has been granted relief from the disabilities imposed by federal laws pursuant to 18 U.S.C. ง 925(c).

      Sec. 3.  1.  Upon written application, the sheriff of any county may issue a permit authorizing a person whose place of business is located in that county to manufacture or to keep, offer or expose for sale switchblade knives if the person demonstrates good cause for such authorization.

      2.  Before issuing a permit, the sheriff shall request the board of county commissioners to hold a public hearing concerning the issuance of the permit.

      3.  If the sheriff issues a permit which authorizes a person to sell switchblade knives, the permit must provide that switchblade knives may be sold only to:

      (a) A person in another state, territory or country;

      (b) A person who is authorized by law to possess a switchblade knife in this state, including, without limitation, any sheriff, constable, marshal, peace officer and member of the Armed Forces of the United States when on duty; and

      (c) A distributor who has been issued a permit pursuant to this section.

      Sec. 4.  NRS 202.253 is hereby amended to read as follows:

      202.253  As used in NRS 202.253 to 202.369, inclusive [:] , and section 1 of this act:

      1.  “Explosive or incendiary device” means any explosive or incendiary material or substance that has been constructed, altered, packaged or arranged in such a manner that its ordinary use would cause destruction or injury to life or property.

      2.  “Firearm” means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.

      3.  “Firearm capable of being concealed upon the person” applies to and includes all firearms having a barrel less than 12 inches in length.

      4.  “Motor vehicle” means every vehicle that is self-propelled.

      Sec. 5.  NRS 202.277 is hereby amended to read as follows:

      202.277  1.  [It is unlawful for any person to] A person shall not intentionally change, alter, remove or obliterate the serial number upon any firearm. [Possession of any firearm upon which the serial number has been changed, altered, removed or obliterated is prima facie evidence that the possessor has changed, altered, removed or obliterated the serial number.] Any person who violates the provisions of this subsection is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      2.  A person shall not knowingly possess a firearm on which the serial number has been intentionally changed, altered, removed or obliterated. Any person who violates the provisions of this subsection [1] is guilty of a [gross misdemeanor.] category D felony and shall be punished as provided in NRS 193.130.


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      Sec. 6.  NRS 202.350 is hereby amended to read as follows:

      202.350  1.  Except as otherwise provided in this section and NRS 202.3653 to 202.369, inclusive, [it is unlawful for] and section 3 of this act, a person within this state [to:] shall not:

      (a) Manufacture or cause to be manufactured, or import into the State, or keep, offer or expose for sale, or give, lend or possess any knife which is made an integral part of a belt buckle or any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slungshot, billy, sand-club, sandbag or metal knuckles; [or]

      (b) Manufacture or cause to be manufactured, or import into the State, or keep, offer or expose for sale, or give, lend, possess or use a machine gun or a silencer, unless authorized by federal law;

      (c) With the intent to inflict harm upon the person of another, possess or use a nunchaku or trefoil; or

      (d) Carry concealed upon his person any:

             (1) Explosive substance, other than ammunition or any components thereof;

             (2) Dirk, dagger or machete;

             (3) Pistol, revolver or other firearm, or other dangerous or deadly weapon; or

             (4) Knife which is made an integral part of a belt buckle.

      2.  [Except as otherwise provided in this section, it is unlawful for a person to possess or use a:

      (a) Nunchaku or trefoil with the intent to inflict harm upon the person of another; or

      (b) Machine gun or a silencer.

      3.]  Except as otherwise provided in NRS 202.275 and 212.185, a person who violates any of the provisions of [subsection 1 or 2] :

      (a) Paragraph (a) or (c) or subparagraph (2) or (4) of paragraph (d) of subsection 1 is guilty:

      [(a)] (1) For the first offense, of a gross misdemeanor.

      [(b)] (2) For any subsequent offense, of a category D felony [,] and shall be punished as provided in NRS 193.130.

      [4.] (b) Paragraph (b) or subparagraph (1) or (3) of paragraph (d) of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      3.  Except as otherwise provided in this subsection, the sheriff of any county may, upon written application by a resident of that county showing the reason or the purpose for which a concealed weapon is to be carried, issue a permit authorizing the applicant to carry in this state the concealed weapon described in the permit. The sheriff shall not issue a permit to a person to carry a switchblade knife. This subsection does not authorize the sheriff to issue a permit to a person to carry a pistol, revolver or other firearm.

      [5.] 4.  Except as otherwise provided in subsection [6,] 5, this section does not apply to:

      (a) Sheriffs, constables, marshals, peace officers, correctional officers employed by the Department of Corrections, special police officers, police officers of this state, whether active or honorably retired, or other appointed officers.


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      (b) Any person summoned by any peace officer to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such an officer.

      (c) Any full-time paid peace officer of an agency of the United States or another state or political subdivision thereof when carrying out official duties in the State of Nevada.

      (d) Members of the Armed Forces of the United States when on duty.

      [6.] 5.  The exemptions provided in subsection [5] 4 do not include a former peace officer who is retired for disability unless his former employer has approved his fitness to carry a concealed weapon.

      [7.] 6.  The provisions of paragraph (b) of subsection [2] 1 do not apply to any person who is licensed, authorized or permitted to possess or use a machine gun or silencer pursuant to federal law. The burden of establishing federal licensure, authorization or permission is upon the person possessing the license, authorization or permission.

      [8.] 7.  As used in this section:

      (a) “Concealed weapon” means a weapon described in this section that is carried upon a person in such a manner as not to be discernible by ordinary observation.

      (b) “Honorably retired” means retired in Nevada after completion of 10 years of creditable service as a member of the Public Employees’ Retirement System. A former peace officer is not “honorably retired” if he was discharged for cause or resigned before the final disposition of allegations of serious misconduct.

      (c) “Machine gun” means any weapon which shoots, is designed to shoot or can be readily restored to shoot more than one shot, without manual reloading, by a single function of the trigger.

      (d) “Nunchaku” means an instrument consisting of two or more sticks, clubs, bars or rods connected by a rope, cord, wire or chain used as a weapon in forms of Oriental combat.

      (e) “Silencer” means any device for silencing, muffling or diminishing the report of a firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a silencer or muffler, and any part intended only for use in such assembly or fabrication.

      (f) “Switchblade knife” means a spring-blade knife, snap-blade knife or any other knife having the appearance of a pocketknife, any blade of which is 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle or other mechanical device, or is released by any type of mechanism. The term does not include a knife which has a blade that is held in place by a spring if the blade does not have any type of automatic release.

      (g) “Trefoil” means an instrument consisting of a metal plate having three or more radiating points with sharp edges, designed in the shape of a star, cross or other geometric figure and used as a weapon for throwing.

      Sec. 7.  NRS 202.360 is hereby amended to read as follows:

      202.360  1.  A person [who has] shall not own or have in his possession or under his custody or control any firearm if he:

      (a) Has been convicted of a felony in this or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless he has received a pardon and the pardon does not restrict his right to bear arms [, shall not own or have in his possession or under his custody or control any firearm.


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      2.  As used in this section, “firearm” includes any firearm that is loaded or unloaded and operable or inoperable.

      3.] ;

      (b) Is a fugitive from justice; or

      (c) Is an unlawful user of, or addicted to, any controlled substance.

A person who violates the provisions of this subsection 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, and may be further punished by a fine of not more than $5,000.

      2.  A person shall not own or have in his possession or under his custody or control any firearm if he:

      (a) Has been adjudicated as mentally ill or has been committed to any mental health facility; or

      (b) Is illegally or unlawfully in the United States.

A person who violates the provisions of this [section] subsection is guilty of a category [B] D 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, and may be further punished by a fine of not more than $5,000.] as provided in NRS 193.130.

      3.  As used in this section:

      (a) “Controlled substance” has the meaning ascribed to it in 21 U.S.C. ง 802(6).

      (b) “Firearm” includes any firearm that is loaded or unloaded and operable or inoperable.

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2003 Statutes of Nevada, Page 1354

 

CHAPTER 257, SB 297

Senate Bill No. 297–Senators Wiener, Amodei, Titus, Care, McGinness, Nolan and Washington

 

CHAPTER 257

 

AN ACT relating to personal identifying information; making various changes relating to personal identifying information; prohibiting a person from unlawfully possessing or using a scanning device or reencoder to acquire certain personal identifying information; clarifying the applicability of certain crimes relating to personal identifying information; prohibiting a public officer or public employee from committing certain unlawful acts relating to personal identifying information; restricting the type of credit card or debit card information that may be printed electronically on a receipt; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 28, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 205 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 19, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Payment card” means a credit card, charge card, debit card or any other card that:

      1.  Is issued to an authorized card user; and

      2.  Allows the user to obtain, purchase or receive credit, money, a good, a service or anything of value.

      Sec. 4.  “Reencoder” means an electronic device that places encoded information from the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different payment card.

      Sec. 5.  “Scanning device” means a scanner, reader or any other electronic device that is used to access, read, scan, obtain, memorize or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card.

      Sec. 6.  1.  A person shall not:

      (a) Use a scanning device to access, read, obtain, memorize or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card:

             (1) Without the permission of the authorized user of the payment card; and

             (2) With the intent to defraud the authorized user, the issuer of the payment card or any other person.

      (b) Use a reencoder to place information encoded on the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card:

             (1) Without the permission of the authorized user of the card from which the information is being reencoded; and


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             (2) With the intent to defraud the authorized user, the issuer of the payment card or any other person.

      2.  A person who violates any provision of this section 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, and may be further punished by a fine of not more than $100,000.

      3.  In addition to any other penalty, the court shall order a person who violates any provision of this section to pay restitution, including, without limitation, any attorney’s fees and costs incurred to:

      (a) Repair the credit history or rating of each person who is a victim of the violation; and

      (b) Satisfy a debt, lien or other obligation incurred by each person who is a victim of the violation.

      Sec. 7.  1.  A person shall not possess a scanning device or reencoder with the intent to use the scanning device or reencoder for an unlawful purpose.

      2.  A person who violates any provision of this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      Sec. 8.  The provisions of sections 2 to 9, inclusive, of this act do not apply to any person who, without the intent to defraud or commit an unlawful act, possesses or uses a scanning device or reencoder:

      1.  In the ordinary course of his business or employment; or

      2.  Pursuant to a financial transaction entered into with an authorized user of a payment card who has given permission for the financial transaction.

      Sec. 9.  In any prosecution for a violation of any provision of sections 2 to 9, inclusive, of this act, the State is not required to establish and it is no defense that:

      1.  An accessory has not been convicted, apprehended or identified; or

      2.  Some of the acts constituting elements of the crime did not occur in this state or that where such acts did occur they were not a crime or elements of a crime.

      Sec. 10.  As used in NRS 205.463 and 205.465 and sections 10 to 19, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 11 to 15, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 11.  “Document” includes, without limitation, a photocopy print, photostat and other replica of a document.

      Sec. 12.  “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a living or deceased person, including, without limitation:

      1.  The name, driver’s license number, social security number, savings account number, credit card number, debit card number, date of birth, place of employment and maiden name of the mother of a person; and

      2.  The fingerprints, voiceprint, retina image and iris image of a person.

      Sec. 13.  “Public body” means:

      1.  The State of Nevada, or any agency, instrumentality or corporation thereof;

      2.  The University and Community College System of Nevada;


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      3.  Any municipality, county, school district or other type of district, or a city or town, incorporated or unincorporated; or

      4.  Any other body corporate and politic comprising a political subdivision of this state or acting on behalf thereof.

      Sec. 14.  “Public employee” means any person who is an employee or independent contractor of a public body.

      Sec. 15.  “Public officer” means a person who:

      1.  Is elected or appointed to a position which is established by the Constitution or a statute of this state, or by a charter or ordinance of a political subdivision of this state; or

      2.  Otherwise serves as an officer for a public body.

      Sec. 16.  A person who violates any provision of NRS 205.463 and 205.465 and sections 10 to 19, inclusive, of this act may be prosecuted for the violation whether or not the person whose personal identifying information forms a part of the violation is living or deceased during the course of the violation or the prosecution.

      Sec. 17.  1.  A public officer or public employee who knowingly:

      (a) Obtains any personal identifying information of another person from any document, file, database, source or process used by a public body to collect, store, maintain, transfer, reproduce, manage or administer personal identifying information; and

      (b) Uses the personal identifying information to harm that other person or for any unlawful purpose, including, without limitation, to obtain credit, a good, a service or anything of value in the name of that person,

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 5 years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $100,000.

      2.  In addition to any other penalty, the court shall order a public officer or public employee convicted of violating subsection 1 to pay restitution, including, without limitation, any attorney’s fees and costs incurred to:

      (a) Repair the credit history or rating of the person whose personal identifying information the public officer or public employee obtained and used in violation of subsection 1; and

      (b) Satisfy a debt, lien or other obligation incurred by the person whose personal identifying information the public officer or public employee obtained and used in violation of subsection 1.

      3.  A public officer or public employee who knowingly:

      (a) Obtains any personal identifying information of another person from any document, file, database, source or process used by a public body to collect, store, maintain, transfer, reproduce, manage or administer personal identifying information; and

      (b) Possesses, sells or transfers the personal identifying information for the purpose of establishing a false status, occupation, membership, license or identity for himself or any other person,

is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      4.  A public officer or public employee who knowingly aids another public officer or public employee to commit a violation of any provision of this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.


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this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      5.  The provisions of this section do not prohibit the possession or use of any personal identifying information by officers of local police, sheriff and metropolitan police departments and by agents of the Investigation Division of the Department of Public Safety while engaged in undercover investigations related to the lawful discharge of their duties.

      Sec. 18.  The provisions of NRS 205.463 and 205.465 and sections 10 to 19, inclusive, of this act do not apply to any person who, without the intent to defraud or commit an unlawful act, possesses or uses any personal identifying information of another person:

      1.  In the ordinary course of his business or employment; or

      2.  Pursuant to a financial transaction entered into with an authorized user of a payment card who has given permission for the financial transaction.

      Sec. 19.  In any prosecution for a violation of any provision of NRS 205.463 and 205.465 and sections 10 to 19, inclusive, of this act, the State is not required to establish and it is no defense that:

      1.  An accessory has not been convicted, apprehended or identified; or

      2.  Some of the acts constituting elements of the crime did not occur in this state or that where such acts did occur they were not a crime or elements of a crime.

      Sec. 20.  NRS 205.463 is hereby amended to read as follows:

      205.463  1.  Except as otherwise provided in subsection 2, a person who knowingly:

      (a) Obtains any personal identifying information of another person; and

      (b) Uses the personal identifying information to harm that other person or for any unlawful purpose, including, without limitation, to obtain credit, a good, a service or anything of value in the name of that person,

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, and may be further punished by a fine of not more than $100,000.

      2.  A person who knowingly:

      (a) Obtains any personal identifying information of another person; and

      (b) Uses the personal identifying information to avoid or delay being prosecuted for an unlawful act,

is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      3.  In addition to any other penalty, the court shall order a person convicted of violating subsection 1 to pay restitution, including, without limitation, any attorney’s fees and costs incurred to:

      (a) Repair the credit history or rating of the person whose personal identifying information he obtained and used in violation of subsection 1; and

      (b) Satisfy a debt, lien or other obligation incurred by the person whose personal identifying information he obtained and used in violation of subsection 1.

      [4.  As used in this section, “personal identifying information” has the meaning ascribed to it in NRS 205.465.]


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2003 Statutes of Nevada, Page 1358 (Chapter 257, SB 297)

 

      Sec. 21.  NRS 205.465 is hereby amended to read as follows:

      205.465  1.  It is unlawful for a person to possess, sell or transfer any document or personal identifying information for the purpose of establishing a false status, occupation, membership, license or identity for himself or any other person.

      2.  A person who:

      (a) Sells or transfers any such document or personal identifying information in violation of subsection 1; or

      (b) Possesses any such document or personal identifying information in violation of subsection 1 to commit any of the crimes set forth in NRS 205.085 to 205.217, inclusive, 205.473 to 205.513, inclusive, or 205.610 to 205.810, inclusive,

is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      3.  Except as otherwise provided in subsection 2, a person who possesses any such document or personal identifying information in violation of subsection 1 is guilty of a misdemeanor.

      4.  Subsection 1 does not:

      (a) Preclude the adoption by a city or county of an ordinance prohibiting the possession of any such document or personal identifying information; or

      (b) Prohibit the possession or use of any such document or personal identifying information by officers of local police, sheriff and metropolitan police departments and by agents of the Investigation Division of the Department of Public Safety while engaged in undercover investigations related to the lawful discharge of their duties.

      [5.  As used in this section:

      (a) “Document” includes, without limitation, a photocopy print, photostat and other replica of a document.

      (b) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:

             (1) The name, driver’s license number, social security number, savings account number, credit card number, debit card number, date of birth, place of employment and maiden name of the mother of a person; and

             (2) The fingerprints, voiceprint, retina image and iris image of a person.]

      Sec. 22.  Chapter 597 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in this section, if a person accepts credit cards or debit cards for the transaction of business, the person shall not do any of the following:

      (a) Print the expiration date of the credit card or debit card on any receipt provided to the cardholder.

      (b) Print more than the last five digits of the account number of the credit card or debit card on any receipt provided to the cardholder.

      2.  This section:

      (a) Applies only to receipts that are electronically printed.

      (b) Does not apply to transactions in which the only means of recording the credit card or debit card number is:

             (1) By handwriting the credit card or debit card number; or

             (2) By imprinting or copying the credit card or debit card.


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2003 Statutes of Nevada, Page 1359 (Chapter 257, SB 297)

 

      3.  If any cash register or other machine or device that electronically prints receipts for credit card or debit card transactions was first put into use before October 1, 2003, the provisions of this section do not apply to any transaction that occurs with regard to that cash register or other machine or device before January 1, 2008.

      4.  As used in this section:

      (a) “Credit card” means any instrument or device, whether known as a credit card, credit plate, or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value on credit.

      (b) “Debit card” means any instrument or device, whether known as a debit card or by any other name, that is issued with or without a fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value, subject to the issuer removing money from the checking account or savings account of the cardholder.

________

 

CHAPTER 258, SB 307

Senate Bill No. 307–Senators Wiener, Rawson, Cegavske, Mathews, Neal, Nolan and Washington

 

CHAPTER 258

 

AN ACT relating to public health; requiring the posting of warnings in certain food establishments in which alcoholic beverages are sold regarding the dangers of drinking such beverages during pregnancy; merging the Advisory Subcommittee on Fetal Alcohol Syndrome into the Advisory Board on Maternal and Child Health; and providing other matters properly relating thereto.

 

[Approved: May 28, 2003]

 

      Whereas, Fetal alcohol syndrome is a disease that is completely preventable; and

      Whereas, Fetal alcohol syndrome is the leading environmental cause of mental retardation in the United States; and

      Whereas, Approximately 10 percent of all mental retardation in children is attributable to fetal alcohol syndrome; and

      Whereas, The Genetics Division of the University of Nevada, Reno, has recognized that fetal alcohol syndrome is the major cause of disability in Nevada; and

      Whereas, In 1999, the Legislature created the Advisory Subcommittee on Fetal Alcohol Syndrome of the Advisory Board on Maternal and Child Health to increase awareness of fetal alcohol syndrome in Nevada; and

      Whereas, The Advisory Subcommittee on Fetal Alcohol Syndrome has worked diligently with the Advisory Board on Maternal and Child Health to establish a framework from which to work to defeat the cause of Fetal Alcohol Syndrome and is now ready to disband in favor of a transference of the Subcommittee’s duties to the Advisory Board on Maternal and Child Health; and

      Whereas, Since 1981, an advisory of the Office of the Surgeon General of the United States has provided that “women who are pregnant or who plan to become pregnant should abstain from alcohol use because of the potential risks to the fetus”; and


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2003 Statutes of Nevada, Page 1360 (Chapter 258, SB 307)

 

to become pregnant should abstain from alcohol use because of the potential risks to the fetus”; and

      Whereas, The effects on a fetus of alcohol consumption during pregnancy may be seen in as many as 1 percent of all babies born in Nevada; and

      Whereas, Public awareness is the key to helping to prevent the incidence of fetal alcohol syndrome; and

      Whereas, The State of Nevada does not currently require establishments that sell alcohol to post warnings about alcohol consumption by pregnant women; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 442.137 is hereby amended to read as follows:

      442.137  The purpose of the Advisory Board is to advise the Administrator of the Health Division concerning perinatal care to enhance the survivability and health of infants and mothers, and concerning programs to improve the health of preschool children, to achieve the following objectives:

      1.  Ensuring the availability and accessibility of primary care health services;

      2.  Reducing the rate of infant mortality;

      3.  Reducing the incidence of preventable diseases and handicapping conditions among children;

      4.  Identifying the most effective methods of preventing fetal alcohol syndrome and collecting information relating to the incidence of fetal alcohol syndrome in this state;

      5.  Preventing the consumption of alcohol by women during pregnancy;

      6.  Reducing the need for inpatient and long-term care services;

      [5.] 7.  Increasing the number of children who are appropriately immunized against disease;

      [6.] 8.  Increasing the number of children from low-income families who are receiving assessments of their health;

      [7.] 9.  Ensuring that services to follow up the assessments are available, accessible and affordable to children identified as in need of those services; [and

      8.] 10.  Assisting the Health Division in developing a program of public education that it is required to develop pursuant to NRS 442.385, including, without limitation, preparing and obtaining information relating to fetal alcohol syndrome;

      11.  Assisting the University of Nevada School of Medicine in reviewing, amending and distributing the guidelines it is required to develop pursuant to NRS 442.390; and

      12.  Promoting the health of infants and mothers by ensuring the availability and accessibility of affordable perinatal services.

      Sec. 2.  NRS 442.385 is hereby amended to read as follows:

      442.385  [1.]  The Health Division shall develop and carry out a program of public education to increase public awareness about the dangers of fetal alcohol syndrome and other adverse effects on a fetus that may result from the consumption of alcohol during pregnancy.


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2003 Statutes of Nevada, Page 1361 (Chapter 258, SB 307)

 

from the consumption of alcohol during pregnancy. The program must include, without limitation:

      [(a)] 1.  Educational messages that are directed toward the general public and specific geographical areas and groups of persons in this state that are identified pursuant to subsection 1 of NRS 442.420 as having women who are at a high risk of consuming alcohol during pregnancy.

      [(b)] 2.  Providing training materials to school personnel to assist them in identifying pupils who may be suffering from fetal alcohol syndrome and offering to provide the parents of those pupils with a referral for diagnostic services and treatment.

      [(c)] 3.  If a toll-free telephone service is otherwise provided by the Health Division, the use of that telephone service for providing information relating to programs for the treatment of substance abuse, providers of health care or other services and other available resources, and referrals to those programs, if appropriate. The telephone number must be disclosed in the educational messages provided pursuant to this section.

      [2.  The Subcommittee shall periodically evaluate the program to determine its effectiveness.]

      Sec. 3.  NRS 442.390 is hereby amended to read as follows:

      442.390  [1.]  The University of Nevada School of Medicine shall develop guidelines to assist a provider of health care or other services in identifying:

      [(a)] 1.  Pregnant women who are at a high risk of consuming alcohol during pregnancy; and

      [(b)] 2.  Children who are suffering from fetal alcohol syndrome.

      [2.  The Subcommittee shall review, amend, adopt and distribute the guidelines developed by the University of Nevada School of Medicine pursuant to subsection 1.]

      Sec. 4.  NRS 442.425 is hereby amended to read as follows:

      442.425  1.  The Health Division may apply for and accept gifts, grants and contributions from any public or private source to carry out its duties pursuant to the provisions of NRS [442.350] 442.385 to 442.425, inclusive.

      2.  The Health Division shall account separately for the money received from those gifts, grants or contributions. The Administrator of the Health Division shall administer the account, and all claims against the account must be approved by the Administrator before they are paid.

      3.  The money in the account must be used only to carry out the provisions of NRS [442.350] 442.385 to 442.425, inclusive.

      [4.  The Subcommittee may make recommendations to the Administrator of the Health Division concerning the use of the money in the account. The Administrator shall consider the recommendations of the Subcommittee.]

      Sec. 5.  Chapter 446 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 5, each food establishment in which alcoholic beverages are sold by the drink for consumption on the premises shall post at least one sign that meets the requirements of this section in a location conspicuous to the patrons of the establishment. The conspicuous location described in this subsection may include, without limitation, a women’s restroom that is located within the establishment.


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2003 Statutes of Nevada, Page 1362 (Chapter 258, SB 307)

 

      2.  Each sign required by subsection 1 must be not less than 8 1/2 by 11 inches in size and must contain a notice in boldface type that is clearly legible and, except as otherwise provided in paragraph (a) of subsection 4, in substantially the following form:

 

HEALTH WARNING

Drinking wine, beer and other alcoholic beverages during pregnancy can cause birth defects.

 

กADVERTENCIA!

El consumo de vino, cerveza y otras bebidas alcoh๓licas durante el embarazo puede causar defectos fํsicos y/o mentales en el feto.

 

      3.  The letters in the words “HEALTH WARNING” and “กADVERTENCIA!” in the sign must be written in not less than 40-point type, and the letters in all other words in the sign must be written in not less than 30-point type.

      4.  The Health Division of the Department of Human Resources may:

      (a) Provide by regulation for one or more alternative forms for the language of the warning to be included on the signs required by subsection 1 to increase the effectiveness of the signs. Each alternative form must contain substantially the same message as is stated in subsection 2.

      (b) Solicit and accept the donation of signs that satisfy the requirements of this section from a nonprofit organization or any other source. To the extent that such signs are donated, the Health Division shall distribute the signs upon request to food establishments that are required to post the signs.

      5.  A food establishment is not required to post the sign otherwise required by this section if the food establishment provides to its patrons a food or drink menu that contains a notice, in boldface type that is clearly legible and not less than the size of the type used for the items on the menu, in substantially the same form and language as is set forth in subsection 2 or authorized pursuant to paragraph (a) of subsection 4.

      6.  As used in this section, “alcoholic beverage” means:

      (a) Beer, ale, porter, stout and other similar fermented beverages, including, without limitation, sake and similar products, of any name or description containing one-half of 1 percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor.

      (b) Any beverage obtained by the fermentation of the natural content of fruits or other agricultural products containing sugar, of one-half of 1 percent or more of alcohol by volume.

      (c) Any distilled spirits commonly referred to as ethyl alcohol, ethanol or spirits of wine in any form, including, without limitation, all dilutions and mixtures thereof from whatever process produced.

      Sec. 6.  NRS 442.350, 442.355, 442.360, 442.365, 442.370, 442.375 and 442.380 are hereby repealed.

________

 


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2003 Statutes of Nevada, Page 1363

 

CHAPTER 259, SB 317

Senate Bill No. 317–Senators Wiener and Amodei

 

Joint Sponsor: Assemblywoman Leslie

 

CHAPTER 259

 

AN ACT relating to incarcerated persons; requiring the Department of Education to adopt regulations that establish a statewide program of education for incarcerated persons and to coordinate with and assist school districts in operating programs of education for incarcerated persons; creating in the State Treasury the Fund for Programs of Education for Incarcerated Persons; authorizing school districts to operate programs of education for incarcerated persons under certain circumstances; providing procedures if a manager or warden excludes from a facility or institution a person employed by a school district to operate a program of education for incarcerated persons in the facility or institution; authorizing the University and Community College System of Nevada to offer courses that lead to a postsecondary degree for incarcerated persons; providing free tuition to certain incarcerated persons under certain conditions; waiving the registration fees of certain incarcerated persons; making various changes to provisions relating to credits against the sentence of an offender; revising the provisions governing the manner in which prisoners may be released from jail when the jail becomes overcrowded; and providing other matters properly relating thereto.

 

[Approved: May 28, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires, “incarcerated persons” means persons who are incarcerated in a facility or institution operated by the Department of Corrections.

      Sec. 3.  1.  The Department of Education, after consulting with the Department of Corrections, shall:

      (a) Adopt regulations that establish a statewide program of education for incarcerated persons; and

      (b) Coordinate with and assist school districts in operating programs of education for incarcerated persons.

      2.  The statewide program may include courses of study for:

      (a) A high school diploma;

      (b) Basic literacy;

      (c) English as a second language;

      (d) General educational development;

      (e) Life skills;

      (f) Occupational education; and

      (g) Postsecondary education.


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2003 Statutes of Nevada, Page 1364 (Chapter 259, SB 317)

 

      3.  The statewide program does not include the programs of general education, vocational education and training established by the Board of State Prison Commissioners pursuant to NRS 209.389.

      4.  The statewide program must establish:

      (a) Standards for each course of study that set forth the:

             (1) Curriculum;

             (2) Qualifications for entry; and

             (3) Evaluation of incarcerated persons for placement; and

      (b) Procedures to ensure that an incarcerated person who earns credits in a program of education for incarcerated persons operated by a school district at a facility or institution shall, if transferred to a different facility or institution, transfer those credits to the program operated by a school district at that facility or institution.

      5.  As used in this section, “general educational development” means preparation for and administration of the standardized examinations that enable persons who have not graduated from high school to demonstrate that they have achieved an educational level which denotes competency in core curriculum. The term includes programs for obtaining a general educational development certificate.

      Sec. 4.  1.  There is hereby created in the State Treasury the Fund for Programs of Education for Incarcerated Persons. The Fund is administered by the State Board. The Superintendent of Public Instruction may accept gifts and grants of money from any source for deposit in the Fund. The interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund.

      2.  Money in the Fund must be used for programs of education for incarcerated persons.

      3.  Money in the Fund must not be:

      (a) Considered in negotiations between a recognized organization of employees of a school district and the school district; or

      (b) Used to reduce the amount of money which would otherwise be made available for programs of education for incarcerated persons in the absence of this section.

      4.  The Department shall establish a formula for equitably allocating money from the Fund to each school district that operates a program of education for incarcerated persons.

      5.  The State Board shall establish annually, within the limits of money available in the Fund, a basic allocation to each school district that operates a program of education for incarcerated persons.

      Sec. 5.  1.  The board of trustees of a school district may, with the cooperation of the Department of Corrections, operate a program of education for incarcerated persons in any facility or institution operated by the Department of Corrections in the county of the school district.

      2.  A school district that operates a program of education for incarcerated persons shall:

      (a) Comply with the standards for such programs established by the Department of Education in the statewide program established pursuant to section 3 of this act;

      (b) As a condition for obtaining an allocation from the Fund for Programs of Education for Incarcerated Persons, submit to the Department of Education:

             (1) An application to operate such a program; and


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2003 Statutes of Nevada, Page 1365 (Chapter 259, SB 317)

 

             (2) A detailed budget for the program; and

      (c) If the school district receives an allocation from the Fund, obtain the approval of the Department of Education before it makes any changes in categorical expenditures.

      Sec. 6.  The Board of Regents of the University of Nevada may, with the cooperation of the Department of Corrections, offer courses that lead to a postsecondary degree for incarcerated persons in any facility or institution operated by the Department of Corrections.

      Sec. 7.  1.  If a manager or warden excludes from the facility or institution a person employed by a school district to operate a program of education for incarcerated persons in the facility or institution, an interagency panel must be convened.

      2.  The interagency panel must:

      (a) Consist of:

             (1) The Director of the Department of Corrections or his designee;

             (2) The Superintendent of Public Instruction or his designee; and

             (3) The immediate supervisor of the person employed by the school district.

      (b) Conduct a hearing in compliance with all applicable provisions of chapter 233B of NRS.

      3.  The decision of the interagency panel is a final decision in a contested case.

      Sec. 8.  (Deleted by amendment.)

      Sec. 9.  NRS 209.396 is hereby amended to read as follows:

      209.396  1.  Except as otherwise provided in this section, an offender who is illiterate may not be assigned to an industrial or a vocational program unless:

      (a) He is regularly attending and making satisfactory progress in a program for general education; or

      (b) The Director for good cause determines that the limitation on assignment should be waived under the circumstances with respect to a particular offender.

      2.  An offender whose:

      (a) Native language is not English;

      (b) Ability to read and write in his native language is at or above the level of literacy designated by the Board in its regulations; and

      (c) Ability to read and write the English language is below the level of literacy designated by the Board in its regulations,

may not be assigned to an industrial or a vocational program unless he is regularly attending and making satisfactory progress in a course which teaches English as a second language or the Director for good cause determines that the limitation on assignment should be waived under the circumstances with respect to a particular offender.

      3.  Upon written documentation that an illiterate offender has a developmental, learning or other similar disability which affects his ability to learn, the Director may:

      (a) Adapt or create an educational program or guidelines for evaluating the educational progress of the offender to meet his particular needs; or

      (b) Exempt the offender from the required participation in an educational program prescribed by this section.


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2003 Statutes of Nevada, Page 1366 (Chapter 259, SB 317)

 

      4.  The provisions of this section do not apply to an offender who presents satisfactory evidence that he has a high school diploma or [general equivalency diploma.] a general educational development certificate.

      5.  As used in this section, “illiterate” means having an ability to read and write that is below the level of literacy designated by the Board in its regulations.

      Sec. 10.  NRS 209.433 is hereby amended to read as follows:

      209.433  1.  Every offender who was sentenced to prison on or before June 30, 1969, who has no serious infraction of the regulations of the Department, the terms and conditions of his residential confinement, or the laws of the State recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed for his term a deduction of 2 months in each of the first 2 years, 4 months in each of the next 2 years, and 5 months in each of the remaining years of the term, and pro rata for any part of a year where the sentence is for more or less than a year.

      2.  In addition to the credits for good behavior provided for in subsection 1, the Board shall adopt regulations allowing credits for offenders whose diligence in labor or study merits the credits and for offenders who donate their blood for charitable purposes. The regulations must provide that an offender is entitled to the following credits for educational achievement:

      (a) For earning a general [equivalency diploma,] educational development certificate, 30 days.

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

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

      3.  Each offender is entitled to the deductions allowed by this section if he has satisfied the conditions of subsection 1 or 2 as determined by the Director.

      Sec. 11.  NRS 209.443 is hereby amended to read as follows:

      209.443  1.  Every offender who is sentenced to prison after June 30, 1969, for a crime committed before July 1, 1985, who has no serious infraction of the regulations of the Department, the terms and conditions of his residential confinement, or the laws of the State recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed:

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

      (b) For the period he is in residential confinement,

a deduction of 2 months for each of the first 2 years, 4 months for each of the next 2 years [,] and 5 months for each of the remaining years of the term, and pro rata for any part of a year where the actual term served is for more or less than a year. Credit must be recorded on a monthly basis as earned for actual time served.

      2.  The credits earned by an offender must be deducted from the maximum term imposed by the sentence and, except as otherwise provided in subsection 5, must apply to eligibility for parole.

      3.  In addition to the credits for good behavior provided for in subsection 1, the Board shall adopt regulations allowing credits for offenders whose diligence in labor or study merits such credits and for offenders who donate their blood for charitable purposes. The regulations must provide that an offender is entitled to the following credits for educational achievement:

      (a) For earning a general [equivalency diploma,] educational development certificate, 30 days.


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2003 Statutes of Nevada, Page 1367 (Chapter 259, SB 317)

 

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

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

      4.  Each offender is entitled to the deductions allowed by this section if he has satisfied the conditions of subsection 1 or 3 as determined by the Director.

      5.  Credits earned pursuant to this section do not apply to eligibility for parole if a statute specifies a minimum sentence which must be served before a person becomes eligible for parole.

      Sec. 12.  NRS 209.446 is hereby amended to read as follows:

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

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

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

      (c) For the period he is in the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886,

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

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

      (a) For earning a general [equivalency diploma,] educational development certificate, 30 days.

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

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

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

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

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

      6.  Credits earned pursuant to this section:

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

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

      Sec. 13.  NRS 209.4465 is hereby amended to read as follows:

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


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2003 Statutes of Nevada, Page 1368 (Chapter 259, SB 317)

 

in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed:

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

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

      (c) For the period he is in the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886,

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

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

      (a) For earning a general [equivalency diploma,] educational development certificate, 30 days.

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

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

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

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

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

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

      7.  Credits earned pursuant to this section:

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

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

      Sec. 14.  NRS 209.449 is hereby amended to read as follows:

      209.449  1.  An offender who has no serious infraction of the regulations of the Department, the terms and conditions of his residential confinement, or the laws of the State recorded against him must be allowed, in addition to the credits provided pursuant to NRS 209.433, 209.443, 209.446 or 209.4465, a deduction of 30 days from the maximum term of his sentence for the completion of [a] :

      (a) A program of vocational education and training [.] ; or

      (b) Any other program approved by the Director.

      2.  If the offender completes [the program of vocational education and training] such a program with meritorious or exceptional achievement, the Director may allow not more than 60 days of credit in addition to the 30 days allowed for completion of the program.


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2003 Statutes of Nevada, Page 1369 (Chapter 259, SB 317)

 

      Sec. 15.  NRS 211.240 is hereby amended to read as follows:

      211.240  1.  [The] Except as otherwise provided in subsection 2, the sheriff with respect to a county jail, or the officer in charge with respect to a city jail, may apply to the [presiding judge, or to the judges jointly if there is no presiding judge,] chief judge of the judicial district for authority to release prisoners pursuant to the provisions of this section. After considering the application, the chief judge may enter an order consistent with the provisions of this section granting authority to release prisoners in the manner set forth in the order. The duration of this authority , if granted , must not exceed 30 days.

      2.  In a county in which there is not a city jail, the sheriff may apply to the chief judge of the judicial district for authority to release prisoners pursuant to the provisions of this section. Upon receipt of such an application, the chief judge shall consult with a justice of the peace designated by the justices of the peace for the county and a judge designated by the municipal courts for the county. After the consultation, the chief judge may enter an order consistent with the provisions of this section granting authority to release prisoners in the manner set forth in the order. The duration of this authority, if granted, must not exceed 30 days.

      3.  At any time within the duration of an authority granted when the number of prisoners exceeds the number of beds available in the jail, the sheriff or other officer in charge may release the lesser of:

      (a) The number of prisoners eligible under this section; or

      (b) The difference between the number of prisoners and the number of beds.

      [3.] 4.  A prisoner is eligible for release only if:

      (a) He [is serving a sentence of fixed duration and has already served at least 90 percent of the sentence after deduction of any credit; and

      (b) His sentence would expire or he would otherwise be released within 5 days.

      4.]  has served at least 75 percent of his sentence;

      (b) He is not serving a sentence for a crime for which a mandatory sentence is required by statute;

      (c) He is not serving a sentence for a crime which involved an act of violence; and

      (d) He does not pose a danger to the community.

      5.  Among prisoners eligible, priority must be given to those whose expiration of sentence or other release is closest.

      6.  A prisoner released pursuant to this section may be required to remain on residential confinement for the remainder of his sentence or may be required to participate in another alternative program of supervision.

      Sec. 16.  NRS 211.330 is hereby amended to read as follows:

      211.330  1.  In addition to the credits on a term of imprisonment provided for in NRS 211.310, 211.320 and 211.340, the sheriff of the county or the chief of police of the municipality in which a prisoner is incarcerated shall deduct 5 days from his term of imprisonment for earning a [general equivalency diploma or the equivalence] general educational development certificate, or the equivalent thereof , by successfully completing an educational program for adults conducted jointly by the local detention facility in which he is incarcerated and the school district in which the facility is located.


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2003 Statutes of Nevada, Page 1370 (Chapter 259, SB 317)

 

facility in which he is incarcerated and the school district in which the facility is located.

      2.  The provisions of this section apply to any prisoner who is sentenced on or after October 1, 1991, to a term of imprisonment of 90 days or more.

      Sec. 17.  NRS 213.315 is hereby amended to read as follows:

      213.315  1.  Except as otherwise provided in this section, an offender who is illiterate is not eligible to participate in a program of work release unless:

      (a) He is regularly attending and making satisfactory progress in a program for general education; or

      (b) The Director, for good cause, determines that the limitation on eligibility should be waived under the circumstances with respect to a particular offender.

      2.  An offender whose:

      (a) Native language is not English;

      (b) Ability to read and write in his native language is at or above the level of literacy designated by the Board of State Prison Commissioners in its regulations; and

      (c) Ability to read and write the English language is below the level of literacy designated by the Board of State Prison Commissioners in its regulations,

may not be assigned to an industrial or a vocational program unless he is regularly attending and making satisfactory progress in a course which teaches English as a second language or the Director, for good cause, determines that the limitation on eligibility should be waived under the circumstances with respect to a particular offender.

      3.  Upon written documentation that an illiterate offender has a developmental, learning or other similar disability which affects his ability to learn, the Director of the Department of Corrections may:

      (a) Adapt or create an educational program or guidelines for evaluating the educational progress of the offender to meet his particular needs; or

      (b) Exempt the offender from the required participation in an educational program prescribed by this section.

      4.  The provisions of this section do not apply to an offender who:

      (a) Presents satisfactory evidence that he has a high school diploma or [general equivalency diploma;] a general educational development certificate; or

      (b) Is admitted into a program of work release for the purpose of obtaining additional education in this state.

      5.  As used in this section, “illiterate” means having an ability to read and write that is below the level of literacy designated by the Board of State Prison Commissioners in its regulations.

      Sec. 18.  This act becomes effective on July 1, 2003.

________

 


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2003 Statutes of Nevada, Page 1371

 

CHAPTER 260, SB 327

Senate Bill No. 327–Senators Wiener, Rawson, Washington, Titus, Amodei, Care, Mathews and McGinness

 

CHAPTER 260

 

AN ACT relating to drugs; establishing procedures for reusing certain prescription drugs that are dispensed to, but not used by, a patient in a mental health facility, facility for skilled nursing or facility for intermediate care, or an offender incarcerated in an institution or facility operated by the Department of Corrections; and providing other matters properly relating thereto.

 

[Approved: May 28, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 433 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A public or private mental health facility may return a prescription drug that is dispensed to a patient of the facility, but will not be used by that patient, to the dispensing pharmacy for the purpose of reissuing the drug to fill other prescriptions for patients in that facility if:

      (a) The drug is not a schedule II drug specified in or pursuant to chapter 453 of NRS;

      (b) The drug is dispensed in a unit dose, in individually sealed doses or in a bottle that is sealed by the manufacturer of the drug;

      (c) The drug is returned unopened and sealed in the original manufacturer’s packaging or bottle;

      (d) The usefulness of the drug has not expired;

      (e) The packaging or bottle contains the expiration date of the usefulness of the drug; and

      (f) The name of the patient for whom the drug was originally prescribed, the prescription number and any other identifying marks are obliterated from the packaging or bottle before the return of the drug.

      2.  A dispensing pharmacy to which a drug is returned pursuant to this section may reissue the drug to fill other prescriptions for patients in the same facility if the registered pharmacist of the pharmacy determines that the drug is suitable for that purpose in accordance with standards adopted by the State Board of Pharmacy pursuant to subsection 5.

      3.  No drug that is returned to a dispensing pharmacy pursuant to this section may be used to fill other prescriptions more than one time.

      4.  A mental health facility shall adopt written procedures for returning drugs to a dispensing pharmacy pursuant to this section. The procedures must:

      (a) Provide appropriate safeguards for ensuring that the drugs are not compromised or illegally diverted during their return.

      (b) Require the maintenance and retention of such records relating to the return of such drugs as are required by the State Board of Pharmacy.

      (c) Be approved by the State Board of Pharmacy.


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      5.  The State Board of Pharmacy shall adopt such regulations as are necessary to carry out the provisions of this section including, without limitation, requirements for:

      (a) Returning and reissuing such drugs pursuant to the provisions of this section.

      (b) Maintaining records relating to the return and the use of such drugs to fill other prescriptions.

      Sec. 2.  Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A facility for skilled nursing or a facility for intermediate care may return a prescription drug that is dispensed to a patient of the facility, but will not be used by that patient, to the dispensing pharmacy for the purpose of reissuing the drug to fill other prescriptions for patients in that facility if:

      (a) The drug is not a schedule II drug specified in or pursuant to chapter 453 of NRS;

      (b) The drug is dispensed in a unit dose, in individually sealed doses or in a bottle sealed by the manufacturer of the drug;

      (c) The drug is returned unopened and sealed in the original manufacturer’s packaging or bottle;

      (d) The usefulness of the drug has not expired;

      (e) The packaging or bottle contains the expiration date of the usefulness of the drug; and

      (f) The name of the patient for whom the drug was originally prescribed, the prescription number and any other identifying marks are obliterated from the packaging or bottle before the return of the drug.

      2.  A dispensing pharmacy to which a drug is returned pursuant to this section may reissue the drug to fill other prescriptions for patients in the same facility if the registered pharmacist of the pharmacy determines that the drug is suitable for that purpose in accordance with standards adopted by the State Board of Pharmacy pursuant to subsection 5.

      3.  No drug that is returned to a dispensing pharmacy pursuant to this section may be used to fill other prescriptions more than one time.

      4.  A facility for skilled nursing or facility for intermediate care shall adopt written procedures for returning drugs to a dispensing pharmacy pursuant to this section. The procedures must:

      (a) Provide appropriate safeguards for ensuring that the drugs are not compromised or illegally diverted during their return.

      (b) Require the maintenance and retention of such records relating to the return of drugs to dispensing pharmacies as are required by the State Board of Pharmacy.

      (c) Be approved by the State Board of Pharmacy.

      5.  The State Board of Pharmacy shall adopt such regulations as are necessary to carry out the provisions of this section including, without limitation, requirements for:

      (a) Returning and reissuing such drugs pursuant to the provisions of this section.

      (b) Maintaining records relating to the return and the use of such drugs to fill other prescriptions.


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      Sec. 3.  Chapter 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.

      Sec. 4.  1.  The Board shall prepare an annual report concerning drugs that are returned or transferred to pharmacies pursuant to sections 1, 2 and 5 of this act and are reissued to fill other prescriptions. The report must include, without limitation:

      (a) The number of drugs that are returned to dispensing pharmacies.

      (b) The number of drugs that are reissued to fill other prescriptions.

      (c) An estimate of the amount of money saved by reissuing such drugs to fill other prescriptions.

      (d) Any other information that the Board deems necessary.

      2.  The report must be:

      (a) Available for public inspection during regular business hours at the office of the Board; and

      (b) Posted on a website or other Internet site that is operated or administered by or on behalf of the Board.

      Sec. 5.  1.  A prescription drug that is dispensed by a pharmacy to an offender incarcerated in a correctional institution, but will not be used by that offender, may be returned to that dispensing pharmacy for the purpose of reissuing the drug to fill other prescriptions for offenders incarcerated in that correctional institution if:

      (a) The drug is not a schedule II drug specified in or pursuant to chapter 453 of NRS;

      (b) The drug is dispensed in a unit dose, in individually sealed doses or in a bottle that is sealed by the manufacturer of the drug;

      (c) The drug is returned unopened and sealed in the original manufacturer’s packaging or bottle;

      (d) The usefulness of the drug has not expired;

      (e) The packaging or bottle contains the expiration date of the usefulness of the drug; and

      (f) The name of the patient for whom the drug was originally prescribed, the prescription number and any other identifying marks are obliterated from the packaging or bottle before the return of the drug.

      2.  A pharmacy to which a drug is returned pursuant to this section may reissue the drug to fill other prescriptions for offenders incarcerated in the same correctional institution if the registered pharmacist of the pharmacy determines that the drug is suitable for that purpose in accordance with standards adopted by the Board pursuant to subsection 5.

      3.  No drug that is returned to a dispensing pharmacy pursuant to this section may be used to fill other prescriptions more than one time.

      4.  The director of a correctional institution shall adopt written procedures for returning drugs to a dispensing pharmacy pursuant to this section. The procedures must:

      (a) Provide appropriate safeguards for ensuring that the drugs are not compromised or illegally diverted during their return.

      (b) Require the maintenance and retention of such records relating to the return of such drugs as are required by the Board.

      (c) Be approved by the Board.

      5.  The Board shall adopt such regulations as are necessary to carry out the provisions of this section including, without limitation, requirements for:


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2003 Statutes of Nevada, Page 1374 (Chapter 260, SB 327)

 

      (a) Returning and reissuing such drugs pursuant to the provisions of this section.

      (b) Maintaining records relating to the return and the use of such drugs to fill other prescriptions.

      6.  As used in this section, “correctional institution” means an institution or facility operated by the Department of Corrections.

      Sec. 6.  NRS 639.267 is hereby amended to read as follows:

      639.267  1.  As used in this section, “unit dose” means that quantity of a drug which is packaged as a single dose.

      2.  A pharmacist who provides a regimen of drugs in unit doses to a patient in a facility for skilled nursing or facility for intermediate care as defined in chapter 449 of NRS may credit the person or agency which paid for the drug for any unused doses. The pharmacist may return the drugs to the [issuing] dispensing pharmacy, which may reissue the drugs to fill other prescriptions [.] in accordance with the provisions of section 2 of this act.

      3.  Except schedule II drugs specified in or pursuant to chapter 453 of NRS [,] and except as otherwise provided in sections 1, 2 and 5 of this act, unit doses packaged in ampules or vials which do not require refrigeration may be returned to the pharmacy which dispensed them. The Board shall, by regulation, authorize the return of any other type or brand of drug which is packaged in unit doses if the Food and Drug Administration has approved the packaging for that purpose.

      Sec. 7.  NRS 639.282 is hereby amended to read as follows:

      639.282  1.  Except as otherwise provided in NRS 639.267 [,] and sections 1, 2 and 5 of this act, it is unlawful for any person to have in his possession, or under his control, for the purpose of resale, or to sell or offer to sell or dispense or give away, any pharmaceutical preparation, drug or chemical which:

      (a) Has been dispensed pursuant to a prescription or chart order and has left the control of a registered pharmacist or practitioner;

      (b) Has been damaged or subjected to damage by heat, smoke, fire or water, or other cause which might reasonably render it unfit for human or animal use;

      (c) Has been obtained through bankruptcy or foreclosure proceedings, or other court action, auction or other legal or administrative proceedings, except when the pharmaceutical preparation, drug or chemical is in the original sealed container;

      (d) Is no longer safe or effective for use, as indicated by the expiration date appearing on its label; or

      (e) Has not been properly stored or refrigerated as required by its label.

      2.  The provisions of subsection 1 do not apply if the person in whose possession the pharmaceutical preparation, drug or chemical is found also has in his possession a valid and acceptable certification of analysis attesting to the purity and strength of the pharmaceutical preparation, drug or chemical and attesting to the fact that it can be safely and effectively used by humans or animals. The preparation, drug or chemical must not be sold or otherwise disposed of until the certification required by this subsection has been presented to and approved by the Board.

      3.  In the absence of conclusive proof that the preparation, drug or chemical can be used safely and effectively by humans or animals, it must be destroyed under the direct supervision of a member or an inspector of the Board, or two persons designated as agents by the Board who include an inspector of a health care board, a licensed practitioner of a health care board or a peace officer of an agency that enforces the provisions of chapters 453 and 454 of NRS.


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2003 Statutes of Nevada, Page 1375 (Chapter 260, SB 327)

 

inspector of a health care board, a licensed practitioner of a health care board or a peace officer of an agency that enforces the provisions of chapters 453 and 454 of NRS.

      4.  As used in this section, “health care board” includes the State Board of Pharmacy, the State Board of Nursing, the Board of Medical Examiners and the Nevada State Board of Veterinary Medical Examiners.

      Sec. 8.  This act becomes effective on July 1, 2003, for the purpose of adopting policies and regulations necessary to carry out the provisions of this act, and on October 1, 2003, for all other purposes.

________

 

CHAPTER 261, SB 394

Senate Bill No. 394–Committee on Judiciary

 

CHAPTER 261

 

AN ACT relating to crimes; revising the provisions of the crime relating to the annoyance and molestation of a minor to prohibit certain acts committed against certain children and mentally ill persons; prohibiting the luring of a child or mentally ill person under certain circumstances; providing that certain crimes committed against certain children or mentally ill persons constitute sexual offenses for the purposes of various statutes; providing that certain crimes committed against certain children or mentally ill persons constitute immoral conduct for the purposes of certain provisions related to educational personnel and that certain licensed educational employees forfeit their rights of employment if convicted of such crimes; revising certain provisions of the crime relating to manufacturing or compounding certain controlled substances; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 28, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 201.265 is hereby amended to read as follows:

      201.265  Except as otherwise provided in NRS 200.720 and 201.2655, and unless a greater penalty is provided pursuant to NRS 201.560, a person is guilty of a misdemeanor if the person knowingly:

      1.  Distributes or causes to be distributed to a minor material that is harmful to minors, unless the person is the parent, guardian or spouse of the minor.

      2.  Exhibits for distribution to an adult in such a manner or location as to allow a minor to view or to have access to examine material that is harmful to minors, unless the person is the parent, guardian or spouse of the minor.

      3.  Sells to a minor an admission ticket or pass for or otherwise admits a minor for monetary consideration to any presentation of material that is harmful to minors, unless the minor is accompanied by his parent, guardian or spouse.

      4.  Misrepresents that he is the parent, guardian or spouse of a minor for the purpose of:


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2003 Statutes of Nevada, Page 1376 (Chapter 261, SB 394)

 

      (a) Distributing to the minor material that is harmful to minors; or

      (b) Obtaining admission of the minor to any presentation of material that is harmful to minors.

      5.  Misrepresents his age as 18 or over for the purpose of obtaining:

      (a) Material that is harmful to minors; or

      (b) Admission to any presentation of material that is harmful to minors.

      6.  Sells or rents motion pictures which contain material that is harmful to minors on the premises of a business establishment open to minors, unless the person creates an area within the establishment for the placement of the motion pictures and any material that advertises the sale or rental of the motion pictures which:

      (a) Prevents minors from observing the motion pictures or any material that advertises the sale or rental of the motion pictures; and

      (b) Is labeled, in a prominent and conspicuous location, “Adults Only.”

      Sec. 2.  NRS 201.560 is hereby amended to read as follows:

      201.560  1.  Except as otherwise provided in subsection [2,] 3, a person shall not [use a computer, system or network to] knowingly contact or communicate with or attempt to contact or communicate with a child who is less than 16 years of age and who is at least 5 years younger than the person with the intent to persuade, lure or transport the child away from his home or from any location known to his parent or guardian or other person legally responsible for the child to a place other than where the child is located, for any purpose:

      (a) Without the express consent of the parent or guardian or other person legally responsible for the child; and

      (b) With the intent to avoid the consent of the parent or guardian or other person legally responsible for the child.

      2.  Except as otherwise provided in subsection 3, a person shall not knowingly contact or communicate with a mentally ill person with the intent to persuade, lure or transport the mentally ill person away from his home or from any location known to any person legally responsible for the mentally ill person to a place other than where the mentally ill person is located:

      (a) For any purpose that a reasonable person under the circumstances would know would endanger the health, safety or welfare of the mentally ill person;

      (b) Without the express consent of the person legally responsible for the mentally ill person; and

      (c) With the intent to avoid the consent of the person legally responsible for the mentally ill person.

      3.  The provisions of this section do not apply if the contact or communication is made or attempted with the intent to prevent imminent bodily, emotional or psychological harm to the child [.

      3.] or mentally ill person.

      4.  A person who violates or attempts to violate the provisions of this section [:] through the use of a computer, system or network:

      (a) With the intent to engage in sexual conduct with the child or mentally ill person or to cause the child or mentally ill person to engage in sexual conduct, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years and may be further punished by a fine of not more than $10,000;


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2003 Statutes of Nevada, Page 1377 (Chapter 261, SB 394)

 

      (b) By providing the child or mentally ill person with [obscene] material that is harmful to minors or requesting the child or mentally ill person to provide the person with [obscene material,] material that is harmful to minors, is guilty of a category C felony and shall be punished as provided in NRS 193.130; or

      (c) If paragraph (a) or (b) does not apply, is guilty of a gross misdemeanor.

      [4.] 5.  A person who violates or attempts to violate the provisions of this section in a manner other than through the use of a computer, system or network:

      (a) With the intent to engage in sexual conduct with the child or mentally ill person or to cause the child or mentally ill person to engage in sexual conduct, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years and may be further punished by a fine of not more than $10,000;

      (b) By providing the child or mentally ill person with material that is harmful to minors or requesting the child or mentally ill person to provide the person with material that is harmful to minors, 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 and may be further punished by a fine of not more than $10,000; or

      (c) If paragraph (a) or (b) does not apply, is guilty of a gross misdemeanor.

      6.  As used in this section:

      (a) “Computer” has the meaning ascribed to it in NRS 205.4735.

      (b) “Harmful to minors” has the meaning ascribed to it in NRS 201.257.

      (c) “Material” means anything that is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound or in any other manner.

      [(c)] (d) “Mentally ill person” means a person who has any mental dysfunction leading to impaired ability to maintain himself and to function effectively in his life situation without external support.

      (e) “Network” has the meaning ascribed to it in NRS 205.4745.

      [(d) “Obscene” has the meaning ascribed to it in NRS 201.235.

      (e)] (f) “Sexual conduct” has the meaning ascribed to it in NRS 201.520.

      [(f)] (g) “System” has the meaning ascribed to it in NRS 205.476.

      Sec. 3.  NRS 207.260 is hereby amended to read as follows:

      207.260  1.  [Unless a greater penalty is provided by specific statute, a person who annoys or molests or attempts to annoy or molest a minor , including, without limitation, soliciting a minor to engage in unlawful sexual conduct,] A person who, without lawful authority, willfully and maliciously engages in a course of conduct with a child who is under 16 years of age and who is at least 5 years younger than the person which would cause a reasonable child of like age to feel terrorized, frightened, intimidated or harassed, and which actually causes the child to feel terrorized, frightened, intimidated or harassed, commits the crime of unlawful contact with a child.

      2.  A person who, without lawful authority, willfully and maliciously engages in a course of conduct with a mentally ill person which would cause a mentally ill person of like mental condition to feel terrorized, frightened, intimidated or harassed, and which actually causes the mentally ill person to feel terrorized, frightened, intimidated or harassed, commits the crime of unlawful contact with a mentally ill person.


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2003 Statutes of Nevada, Page 1378 (Chapter 261, SB 394)

 

cause a mentally ill person of like mental condition to feel terrorized, frightened, intimidated or harassed, and which actually causes the mentally ill person to feel terrorized, frightened, intimidated or harassed, commits the crime of unlawful contact with a mentally ill person.

      3.  The penalties provided in this section do not preclude the victim from seeking any other legal remedy available.

      4.  Unless a greater penalty is provided by specific statute, a person who commits the crime of unlawful contact with a child or unlawful contact with a mentally ill person is guilty of:

      (a) For the first offense, a gross misdemeanor.

      (b) For the second and each subsequent offense, 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, and may be further punished by a fine of not more than $5,000.

      [2.  For the purposes of this section, “soliciting” includes, without limitation, contacting a person directly, through the use of a telephone, in writing, through the use of a computer or through an advertisement.

      3.] 5.  As used in this section:

      (a) [“Computer” has the meaning ascribed to it in NRS 205.4735.

      (b) “Sexual conduct” has the meaning ascribed to it in NRS 200.700.] “Course of conduct” means a pattern of conduct which consists of a series of acts over time that evidences a continuity of purpose directed at a specific person.

      (b) “Mentally ill person” means a person who has any mental dysfunction leading to impaired ability to maintain himself and to function effectively in his life situation without external support.

      (c) “Without lawful authority” includes acts that are initiated or continued without the victim’s consent. The term does not include acts that are otherwise protected or authorized by constitutional or statutory law, regulation or order of a court of competent jurisdiction, including, but not limited to:

             (1) Picketing which occurs during a strike, work stoppage or any other labor dispute.

             (2) The activities of a reporter, photographer, cameraman or other person while gathering information for communication to the public if that person is employed or engaged by or has contracted with a newspaper, periodical, press association or radio or television station and is acting solely within that professional capacity.

             (3) The activities of a person that are carried out in the normal course of his lawful employment.

             (4) Any activities carried out in the exercise of the constitutionally protected rights of freedom of speech and assembly.

      Sec. 4.  NRS 62.138 is hereby amended to read as follows:

      62.138  1.  If a petition filed pursuant to the provisions of this chapter contains allegations that a child committed an act which would be a sexual offense if committed by an adult or which involved the use or threatened use of force or violence against the victim, the prosecuting attorney shall provide to the victim and a parent or guardian of the victim, as soon as practicable after the petition is filed, documentation that includes:

      (a) A form advising the victim and the parent or guardian of their rights pursuant to the provisions of this chapter; and


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2003 Statutes of Nevada, Page 1379 (Chapter 261, SB 394)

 

      (b) The form or procedure that must be used to request disclosure pursuant to subsection 12 of NRS 62.193.

      2.  As used in this section, “sexual offense” means:

      (a) Sexual assault pursuant to NRS 200.366;

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

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

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

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

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

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

      (h) [Annoyance or molestation of a minor pursuant to NRS 207.260;] Luring a child or mentally ill person pursuant to NRS 201.560, if punishable as a felony; or

      (i) An attempt to commit an offense listed in this subsection.

      Sec. 5.  NRS 62.350 is hereby amended to read as follows:

      62.350  1.  The fingerprints of a child must be taken if the child is in custody for an act that, if committed by an adult:

      (a) Would be a felony, a gross misdemeanor or a sexual offense; or

      (b) Would be a misdemeanor, and the act involved:

             (1) The use or threatened use of force or violence against the victim; or

             (2) The possession, use or threatened use of a firearm or a deadly weapon.

      2.  The fingerprints of a child who is in custody but who is not subject to the provisions of subsection 1 may be taken if a law enforcement officer finds latent fingerprints during the investigation of an offense and the officer has reason to believe that the latent fingerprints are those of the child. The officer shall use the fingerprints taken from the child to make an immediate comparison with the latent fingerprints. If the comparison is:

      (a) Negative, the fingerprint card and other copies of the fingerprints taken may be immediately destroyed or may be retained for future use.

      (b) Positive, the fingerprint card and other copies of the fingerprints:

             (1) Must be delivered to the court for disposition if the child is referred to court.

             (2) May be immediately destroyed or may be retained for future use if the child is not referred to court.

      3.  Fingerprints that are taken from a child pursuant to the provisions of this section:

      (a) May be retained in a local file or a local system for the automatic retrieval of fingerprints if they are retained under special security measures that limit inspection of the fingerprints to law enforcement officers who are conducting criminal investigations. If the child from whom the fingerprints are taken subsequently is not adjudicated delinquent, the parent or guardian of the child or, when the child becomes at least 18 years of age, the child may petition the court for the removal of the fingerprints from any such local file or local system.

      (b) Must be submitted to the Central Repository for Nevada Records of Criminal History if the child is adjudicated delinquent for an act that, if committed by an adult, would be a felony or sexual offense, and may be submitted to the Central Repository for any other act. Any such fingerprints submitted to the Central Repository must be submitted with a description of the child and the unlawful act, if any, that the child committed.


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submitted to the Central Repository must be submitted with a description of the child and the unlawful act, if any, that the child committed. The Central Repository shall retain the fingerprints and such information of the child under special security measures that limit inspection of the fingerprints and such information to law enforcement officers who are conducting criminal investigations and to officers and employees of the Central Repository who are assisting law enforcement officers with criminal investigations or who are conducting research or performing a statistical analysis.

      (c) Must not be submitted to the Federal Bureau of Investigation unless the child is adjudicated delinquent for an act that, if committed by an adult, would be a felony or a sexual offense.

      4.  A child who is in custody must be photographed for the purpose of identification. Except as otherwise provided in this subsection, the photographs of the child must be kept in the file pertaining to the child under special security measures which provide that the photographs may be inspected only to conduct criminal investigations and photographic lineups. If a court subsequently determines that the child is not delinquent, the court shall order the photographs to be destroyed.

      5.  Any person who willfully violates any provision of this section is guilty of a misdemeanor.

      6.  As used in this section, “sexual offense” means:

      (a) Sexual assault pursuant to NRS 200.366;

      (b) Statutory sexual seduction pursuant to NRS 200.368;

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

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

      (e) Incest pursuant to NRS 201.180;

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

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

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

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

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

      (k) [Annoyance or molestation of a minor pursuant to NRS 207.260;] Luring a child or mentally ill person pursuant to NRS 201.560, if punishable as a felony;

      (l) An attempt to commit an offense listed in paragraphs (a) to (k), inclusive; or

      (m) An offense that is determined to be sexually motivated pursuant to NRS 175.547.

      Sec. 6.  NRS 62.435 is hereby amended to read as follows:

      62.435  “Sexual offense” means:

      1.  Sexual assault pursuant to NRS 200.366;

      2.  Battery with intent to commit sexual assault pursuant to NRS 200.400;

      3.  An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;

      4.  Open or gross lewdness pursuant to NRS 201.210, if punishable as a felony;

      5.  Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony;


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      6.  Lewdness with a child pursuant to NRS 201.230;

      7.  Sexual penetration of a dead human body pursuant to NRS 201.450;

      8.  [Annoyance or molestation of a minor pursuant to NRS 207.260,] Luring a child or mentally ill person pursuant to NRS 201.560, if punishable as a felony; or

      9.  An attempt to commit an offense listed in this section, if punishable as a felony.

      Sec. 7.  NRS 176.0931 is hereby amended to read as follows:

      176.0931  1.  If a defendant is convicted of a sexual offense, the court shall include in sentencing, in addition to any other penalties provided by law, a special sentence of lifetime supervision.

      2.  The special sentence of lifetime supervision commences after any period of probation or any term of imprisonment and any period of release on parole.

      3.  A person sentenced to lifetime supervision may petition the district court in whose jurisdiction he resides for release from lifetime supervision. The court shall grant a petition for release from a special sentence of lifetime supervision if:

      (a) The person has not been convicted of an offense that poses a threat to the safety or well‑being of others for an interval of at least 15 consecutive years after his last conviction or release from incarceration, whichever occurs later; and

      (b) The person is not likely to pose a threat to the safety of others if released from lifetime supervision.

      4.  A person who is released from lifetime supervision pursuant to the provisions of subsection 3 remains subject to the provisions for registration as a sex offender and to the provisions for community notification, unless he is otherwise relieved from the operation of those provisions pursuant to the provisions of NRS 179D.350 to 179D.800, inclusive.

      5.  As used in this section:

      (a) “Offense that poses a threat to the safety or well‑being of others” has the meaning ascribed to it in NRS 179D.060.

      (b) “Sexual offense” means:

             (1) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450 or paragraph (a) or (b) of subsection [3] 4 or paragraph (a) or (b) of subsection 5 of NRS 201.560;

             (2) An attempt to commit an offense listed in subparagraph (1); or

             (3) An act of murder in the first or second degree, kidnapping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.

      Sec. 8.  NRS 176.133 is hereby amended to read as follows:

      176.133  As used in NRS 176.133 to 176.159, inclusive, unless the context otherwise requires:

      1.  “Person professionally qualified to conduct psychosexual evaluations” means a person who has received training in conducting psychosexual evaluations and is:

      (a) A psychiatrist licensed to practice medicine in this state and certified by the American Board of Psychiatry and Neurology [;] , Inc.;

      (b) A psychologist licensed to practice in this state;


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      (c) A social worker holding a master’s degree in social work and licensed in this state as a clinical social worker;

      (d) A registered nurse holding a master’s degree in the field of psychiatric nursing and licensed to practice professional nursing in this state; or

      (e) A marriage and family therapist licensed in this state pursuant to chapter 641A of NRS.

      2.  “Psychosexual evaluation” means an evaluation conducted pursuant to NRS 176.139.

      3.  “Sexual offense” means:

      (a) Sexual assault pursuant to NRS 200.366;

      (b) Statutory sexual seduction pursuant to NRS 200.368, if punished as a felony;

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

      (d) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation and is punished as a felony;

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

      (f) Incest pursuant to NRS 201.180;

      (g) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195, if punished as a felony;

      (h) Open or gross lewdness pursuant to NRS 201.210, if punished as a felony;

      (i) Indecent or obscene exposure pursuant to NRS 201.220, if punished as a felony;

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

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

      (l) Luring a child [using a computer, system or network] or mentally ill person pursuant to NRS 201.560, if punished as a felony;

      (m) [Annoyance or molestation of a minor pursuant to NRS 207.260, if punished as a felony;

      (n)] An attempt to commit an offense listed in paragraphs (a) to [(m),] (l), inclusive, if punished as a felony; or

      [(o)] (n) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.

      Sec. 9.  NRS 176A.110 is hereby amended to read as follows:

      176A.110  1.  The court shall not grant probation to or suspend the sentence of a person convicted of an offense listed in subsection 3 unless:

      (a) If a psychosexual evaluation of the person is required pursuant to NRS 176.139, the person who conducts the psychosexual evaluation certifies in the report prepared pursuant to NRS 176.139 that the person convicted of the offense does not represent a high risk to reoffend based upon a currently accepted standard of assessment; or

      (b) If a psychosexual evaluation of the person is not required pursuant to NRS 176.139, a psychologist licensed to practice in this state who is trained to conduct psychosexual evaluations or a psychiatrist licensed to practice medicine in this state who is certified by the American Board of Psychiatry and Neurology , Inc. and is trained to conduct psychosexual evaluations certifies in a written report to the court that the person convicted of the offense does not represent a high risk to reoffend based upon a currently accepted standard of assessment.


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      2.  This section does not create a right in any person to be certified or to continue to be certified. No person may bring a cause of action against the State, its political subdivisions, or the agencies, boards, commissions, departments, officers or employees of the State or its political subdivisions for not certifying a person pursuant to this section or for refusing to consider a person for certification pursuant to this section.

      3.  The provisions of this section apply to a person convicted of any of the following offenses:

      (a) Attempted sexual assault of a person who is 16 years of age or older pursuant to NRS 200.366.

      (b) Statutory sexual seduction pursuant to NRS 200.368.

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

      (d) Abuse or neglect of a child pursuant to NRS 200.508.

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

      (f) Incest pursuant to NRS 201.180.

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

      (h) Open or gross lewdness pursuant to NRS 201.210.

      (i) Indecent or obscene exposure pursuant to NRS 201.220.

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

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

      (l) Luring a child [using a computer, system or network] or mentally ill person pursuant to NRS 201.560, if punished as a felony.

      (m) A violation of NRS 207.180.

      (n) An attempt to commit an offense listed in paragraphs (b) to (m), inclusive.

      (o) Coercion or attempted coercion that is determined to be sexually motivated pursuant to NRS 207.193.

      Sec. 10.  NRS 176A.413 is hereby amended to read as follows:

      176A.413  1.  Except as otherwise provided in subsection 2, if a defendant is convicted of stalking with the use of an Internet or network site or electronic mail or any other similar means of communication pursuant to subsection 3 of NRS 200.575, an offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive, or luring a child [using] or mentally ill person through the use of a computer, system or network pursuant to paragraph (a) or (b) of subsection [3] 4 of NRS 201.560 and the court grants probation or suspends the sentence, the court shall, in addition to any other condition ordered pursuant to NRS 176A.400, order as a condition of probation or suspension that the defendant not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.

      2.  The court is not required to impose a condition of probation or suspension of sentence set forth in subsection 1 if the court finds that:

      (a) The use of a computer by the defendant will assist a law enforcement agency or officer in a criminal investigation;

      (b) The defendant will use the computer to provide technological training concerning technology of which the defendant has a unique knowledge; or

      (c) The use of the computer by the defendant will assist companies that require the use of the specific technological knowledge of the defendant that is unique and is otherwise unavailable to the company.


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      3.  Except as otherwise provided in subsection 1, if a defendant is convicted of an offense that involved the use of a computer, system or network and the court grants probation or suspends the sentence, the court may, in addition to any other condition ordered pursuant to NRS 176A.400, order as a condition of probation or suspension that the defendant not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.

      4.  As used in this section:

      (a) “Computer” has the meaning ascribed to it in NRS 205.4735.

      (b) “Network” has the meaning ascribed to it in NRS 205.4745.

      (c) “System” has the meaning ascribed to it in NRS 205.476.

      Sec. 11.  NRS 178.5698 is hereby amended to read as follows:

      178.5698  1.  The prosecuting attorney, sheriff or chief of police shall, upon the written request of a victim or witness, inform him:

      (a) When the defendant is released from custody at any time before or during the trial;

      (b) If the defendant is so released, the amount of bail required, if any; and

      (c) Of the final disposition of the criminal case in which he was directly involved.

      2.  If an offender is convicted of a sexual offense or an offense involving the use or threatened use of force or violence against the victim, the court shall provide:

      (a) To each witness, documentation that includes:

             (1) A form advising the witness of the right to be notified pursuant to subsection 4;

             (2) The form that the witness must use to request notification; and

             (3) The form or procedure that the witness must use to provide a change of address after a request for notification has been submitted.

      (b) To each person listed in subsection 3, documentation that includes:

             (1) A form advising the person of the right to be notified pursuant to subsection 4 or 5 and NRS 176.015, 176A.630, 209.392, 209.3925, 209.521, 213.010, 213.040, 213.095 and 213.130;

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

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

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

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

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

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

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

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

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


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

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

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

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

before the offender is released from prison.

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

      7.  As used in this section:

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

      (b) “Sexual offense” means:

             (1) Sexual assault pursuant to NRS 200.366;

             (2) Statutory sexual seduction pursuant to NRS 200.368;

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

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

             (5) Incest pursuant to NRS 201.180;

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

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

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

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

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

             (11) Luring a child [using a computer, system or network] or mentally ill person pursuant to NRS 201.560, if punished as a felony;

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

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

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

      Sec. 12.  NRS 179.245 is hereby amended to read as follows:

      179.245  1.  Except as otherwise provided in subsection 5 and NRS 176A.265, 179.259 and 453.3365, a person may petition the court in which he was convicted for the sealing of all records relating to a conviction of:

      (a) A category A or B felony after 15 years from the date of his release from actual custody or discharge from parole or probation, whichever occurs later;

      (b) A category C or D felony after 12 years from the date of his release from actual custody or discharge from parole or probation, whichever occurs later;


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      (c) A category E felony after 10 years from the date of his release from actual custody or discharge from parole or probation, whichever occurs later;

      (d) Any gross misdemeanor after 7 years from the date of his release from actual custody or discharge from probation, whichever occurs later;

      (e) A violation of NRS 484.379 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony, after 7 years from the date of his release from actual custody or from the date when he is no longer under a suspended sentence, whichever occurs later; or

      (f) Any other misdemeanor after 3 years from the date of his release from actual custody or from the date when he is no longer under a suspended sentence, whichever occurs later.

      2.  A petition filed pursuant to subsection 1 must:

      (a) Be accompanied by current, verified records of the petitioner’s criminal history received from:

             (1) The Central Repository for Nevada Records of Criminal History; and

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

      (b) Include a list of any other public or private agency, company, official or other custodian of records that is reasonably known to the petitioner to have possession of records of the conviction and to whom the order to seal records, if issued, will be directed; and

      (c) Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed.

      3.  Upon receiving a petition pursuant to this section, the court shall notify the law enforcement agency that arrested the petitioner for the crime and:

      (a) If the person was convicted in a district court or justice’s court, the prosecuting attorney for the county; or

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

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

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

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

      6.  If the court grants a petition for the sealing of records pursuant to this section, upon the request of the person whose records are sealed, the court may order sealed all records of the civil proceeding in which the records were sealed.

      7.  As used in this section:


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

      (b) “Sexual offense” means:

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

             (2) Sexual assault pursuant to NRS 200.366.

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

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

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

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

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

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

             (9) Incest pursuant to NRS 201.180.

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

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

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

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

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

             (15) [Annoyance or molestation of a minor pursuant to NRS 207.260.] Luring a child or mentally ill person pursuant to NRS 201.560, if punishable as a felony.

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

      Sec. 13.  NRS 179.460 is hereby amended to read as follows:

      179.460  1.  The Attorney General or the district attorney of any county may apply to a Supreme Court justice or to a district judge in the county where the interception is to take place for an order authorizing the interception of wire or oral communications, and the judge may, in accordance with NRS 179.470 to 179.515, inclusive, grant an order authorizing the interception of wire or oral communications by investigative or law enforcement officers having responsibility for the investigation of the offense as to which the application is made, when the interception may provide evidence of the commission of murder, kidnapping, robbery, extortion, bribery, destruction of public property by explosives, a sexual offense against a child or the commission of any offense which is made a felony by the provisions of chapter 453 or 454 of NRS.


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      2.  A good faith reliance by a public utility on a court order shall constitute a complete defense to any civil or criminal action brought against the public utility on account of any interception made pursuant to the order.

      3.  As used in this section, “sexual offense against a child” includes any act upon a child constituting:

      (a) Incest pursuant to NRS 201.180;

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

      (c) [Annoyance or molestation of a child pursuant to NRS 207.260;

      (d)] Sado-masochistic abuse pursuant to NRS 201.262;

      [(e)] (d) Sexual assault pursuant to NRS 200.366;

      [(f)] (e) Statutory sexual seduction pursuant to NRS 200.368;

      [(g)] (f) Open or gross lewdness pursuant to NRS 201.210; or

      [(h)] (g) Luring a child [using a computer, system or network] or mentally ill person pursuant to NRS 201.560, if punished as a felony.

      Sec. 14.  NRS 179A.073 is hereby amended to read as follows:

      179A.073  1.  “Sexual offense” includes acts upon a child constituting:

      (a) Sexual assault under NRS 200.366;

      (b) Statutory sexual seduction under NRS 200.368;

      (c) Use of a minor in producing pornography under NRS 200.710;

      (d) Promotion of a sexual performance of a minor under NRS 200.720;

      (e) Possession of a visual presentation depicting the sexual conduct of a child under NRS 200.730;

      (f) Incest under NRS 201.180;

      (g) Solicitation of a minor to engage in the infamous crime against nature under NRS 201.195;

      (h) Lewdness with a child under NRS 201.230; or

      (i) Luring a child [using a computer, system or network] or mentally ill person pursuant to NRS 201.560, if punished as a felony . [; or

      (j) Annoyance or molestation of a minor under NRS 207.260.]

      2.  “Sexual offense” also includes acts committed outside the State that would constitute any of the offenses in subsection 1 if committed in the State, and the aiding, abetting, attempting or conspiring to engage in any of the offenses in subsection 1.

      Sec. 15.  NRS 179A.280 is hereby amended to read as follows:

      179A.280  As used in this section and NRS 179A.270 and 179A.290:

      1.  “Juvenile sex offender” means a child adjudicated delinquent for an act that, if committed by an adult, would be a sexual offense.

      2.  “Sexual offense” means:

      (a) Sexual assault pursuant to NRS 200.366;

      (b) Statutory sexual seduction pursuant to NRS 200.368;

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

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

      (e) Incest pursuant to NRS 201.180;

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

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

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

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

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


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      (k) Luring a child [using a computer, system or network] or mentally ill person pursuant to NRS 201.560, if punished as a felony;

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

      (m)] An attempt to commit an offense listed in paragraphs (a) to [(l), inclusive;

      (n)] (k), inclusive;

      (m) An offense that is determined to be sexually motivated pursuant to NRS 175.547; or

      [(o)] (n) An offense committed in another jurisdiction that, if committed in this state, would be an offense listed in this subsection.

      Sec. 16.  NRS 179D.035 is hereby amended to read as follows:

      179D.035  “Convicted” includes, but is not limited to, an adjudication of delinquency or a finding of guilt by a court having jurisdiction over juveniles if the adjudication of delinquency or the finding of guilt is for the commission of any of the following offenses:

      1.  A crime against a child that is listed in subsection 6 of NRS 179D.210.

      2.  A sexual offense that is listed in subsection [20] 19 of NRS 179D.410.

      3.  A sexual offense that is listed in paragraph (b) of subsection 2 of NRS 62.600.

      Sec. 17.  NRS 179D.400 is hereby amended to read as follows:

      179D.400  1.  “Sex offender” means a person who, after July 1, 1956, is or has been:

      (a) Convicted of a sexual offense listed in NRS 179D.410; or

      (b) Adjudicated delinquent or found guilty by a court having jurisdiction over juveniles of a sexual offense listed in subsection [20] 19 of NRS 179D.410.

      2.  The term includes, but is not limited to:

      (a) A sexually violent predator.

      (b) A nonresident sex offender who is a student or worker within this state.

      Sec. 18.  NRS 179D.410 is hereby amended to read as follows:

      179D.410  “Sexual offense” means any of the following offenses:

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

      2.  Sexual assault pursuant to NRS 200.366.

      3.  Statutory sexual seduction pursuant to NRS 200.368.

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

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

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

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


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

      9.  Incest pursuant to NRS 201.180.

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

      11.  Open or gross lewdness pursuant to NRS 201.210.

      12.  Indecent or obscene exposure pursuant to NRS 201.220.

      13.  Lewdness with a child pursuant to NRS 201.230.

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

      15.  Luring a child [using a computer, system or network] or mentally ill person pursuant to NRS 201.560, if punished as a felony.

      16.  [Annoyance or molestation of a minor pursuant to NRS 207.260.

      17.]  An attempt to commit an offense listed in subsections 1 to [16, inclusive.

      18.] 15, inclusive.

      17.  An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.

      [19.] 18.  An offense committed in another jurisdiction that, if committed in this state, would be an offense listed in this section. This subsection includes, but is not limited to, an offense prosecuted in:

      (a) A tribal court.

      (b) A court of the United States or the Armed Forces of the United States.

      [20.] 19.  An offense of a sexual nature committed in another jurisdiction, whether or not the offense would be an offense listed in this section, if the person who committed the offense resides or has resided or is or has been a student or worker in any jurisdiction in which the person is or has been required by the laws of that jurisdiction to register as a sex offender because of the offense. This subsection includes, but is not limited to, an offense prosecuted in:

      (a) A tribal court.

      (b) A court of the United States or the Armed Forces of the United States.

      (c) A court having jurisdiction over juveniles.

      Sec. 19.  NRS 179D.610 is hereby amended to read as follows:

      179D.610  1.  “Sex offender” means a person who, after July 1, 1956, is or has been:

      (a) Convicted of a sexual offense listed in NRS 179D.620; or

      (b) Adjudicated delinquent or found guilty by a court having jurisdiction over juveniles of a sexual offense listed in subsection [20] 19 of NRS 179D.620.

      2.  The term includes, but is not limited to:

      (a) A sexually violent predator.

      (b) A nonresident sex offender who is a student or worker within this state.

      Sec. 20.  NRS 179D.620 is hereby amended to read as follows:

      179D.620  “Sexual offense” means any of the following offenses:

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

      2.  Sexual assault pursuant to NRS 200.366.


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2003 Statutes of Nevada, Page 1391 (Chapter 261, SB 394)

 

      3.  Statutory sexual seduction pursuant to NRS 200.368, if punished as a felony.

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

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

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

      7.  Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation and is punished as a felony.

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

      9.  Incest pursuant to NRS 201.180.

      10.  Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195, if punished as a felony.

      11.  Open or gross lewdness pursuant to NRS 201.210, if punished as a felony.

      12.  Indecent or obscene exposure pursuant to NRS 201.220, if punished as a felony.

      13.  Lewdness with a child pursuant to NRS 201.230.

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

      15.  Luring a child [using a computer, system or network] or mentally ill person pursuant to NRS 201.560, if punished as a felony.

      16.  [Annoyance or molestation of a minor pursuant to NRS 207.260, if punished as a felony.

      17.]  An attempt to commit an offense listed in subsections 1 to [16,] 15, inclusive, if punished as a felony.

      [18.] 17.  An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.

      [19.] 18.  An offense committed in another jurisdiction that, if committed in this state, would be an offense listed in this section. This subsection includes, but is not limited to, an offense prosecuted in:

      (a) A tribal court.

      (b) A court of the United States or the Armed Forces of the United States.

      [20.] 19.  An offense of a sexual nature committed in another jurisdiction and punished as a felony, whether or not the offense would be an offense listed in this section, if the person who committed the offense resides or has resided or is or has been a student or worker in any jurisdiction in which the person is or has been required by the laws of that jurisdiction to register as a sex offender because of the offense. This subsection includes, but is not limited to, an offense prosecuted in:

      (a) A tribal court.

      (b) A court of the United States or the Armed Forces of the United States.

      (c) A court having jurisdiction over juveniles.

      Sec. 21.  NRS 213.107 is hereby amended to read as follows:

      213.107  As used in NRS 213.107 to 213.157, inclusive, unless the context otherwise requires:


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2003 Statutes of Nevada, Page 1392 (Chapter 261, SB 394)

 

      1.  “Board” means the State Board of Parole Commissioners.

      2.  “Chief” means the Chief Parole and Probation Officer.

      3.  “Division” means the Division of Parole and Probation of the Department of Public Safety.

      4.  “Residential confinement” means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the board.

      5.  “Sex offender” means any person who has been or is convicted of a sexual offense.

      6.  “Sexual offense” means:

      (a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450, or paragraph (a) or (b) of subsection [3] 4 or paragraph (a) or (b) of subsection 5 of NRS 201.560;

      (b) An attempt to commit any offense listed in paragraph (a); or

      (c) An act of murder in the first or second degree, kidnapping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.

      7.  “Standards” means the objective standards for granting or revoking parole or probation which are adopted by the Board or the Chief.

      Sec. 22.  NRS 213.1214 is hereby amended to read as follows:

      213.1214  1.  The Board shall not release on parole a prisoner convicted of an offense listed in subsection 5 unless a panel consisting of:

      (a) The Administrator of the Division of Mental Health and Developmental Services of the Department of Human Resources or his designee;

      (b) The Director of the Department of Corrections or his designee; and

      (c) A psychologist licensed to practice in this state or a psychiatrist licensed to practice medicine in this state,

certifies that the prisoner was under observation while confined in an institution of the Department of Corrections and does not represent a high risk to reoffend based upon a currently accepted standard of assessment.

      2.  A prisoner who has been certified pursuant to subsection 1 and who returns for any reason to the custody of the Department of Corrections may not be paroled unless a panel recertifies him in the manner set forth in subsection 1.

      3.  The panel may revoke the certification of a prisoner certified pursuant to subsection 1 at any time.

      4.  This section does not create a right in any prisoner to be certified or to continue to be certified. No prisoner may bring a cause of action against the State, its political subdivisions, or the agencies, boards, commissions, departments, officers or employees of the State or its political subdivisions for not certifying a prisoner pursuant to this section or for refusing to place a prisoner before a panel for certification pursuant to this section.

      5.  The provisions of this section apply to a prisoner convicted of any of the following offenses:

      (a) Sexual assault pursuant to NRS 200.366.

      (b) Statutory sexual seduction pursuant to NRS 200.368.

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


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2003 Statutes of Nevada, Page 1393 (Chapter 261, SB 394)

 

      (d) Abuse or neglect of a child pursuant to NRS 200.508.

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

      (f) Incest pursuant to NRS 201.180.

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

      (h) Open or gross lewdness pursuant to NRS 201.210.

      (i) Indecent or obscene exposure pursuant to NRS 201.220.

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

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

      (l) Luring a child [using a computer, system or network] or mentally ill person pursuant to NRS 201.560, if punished as a felony.

      (m) An attempt to commit an offense listed in paragraphs (a) to [(m),] (l), inclusive.

      (n) Coercion or attempted coercion that is determined to be sexually motivated pursuant to NRS 207.193.

      Sec. 23.  NRS 213.1255 is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

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

      (f) Luring a child [using a computer, system or network] or mentally ill person pursuant to NRS 201.560, if punished as a felony; or

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

      Sec. 24.  NRS 213.1258 is hereby amended to read as follows:

      213.1258  1.  Except as otherwise provided in subsection 2, if the Board releases on parole a prisoner convicted of stalking with the use of an Internet or network site or electronic mail or any other similar means of communication pursuant to subsection 3 of NRS 200.575, an offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive, or luring a child [using] or mentally ill person through the use of a computer, system or network pursuant to paragraph (a) or (b) of subsection [3] 4 of NRS 201.560, the Board shall, in addition to any other condition of parole, require as a condition of parole that the parolee not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.


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2003 Statutes of Nevada, Page 1394 (Chapter 261, SB 394)

 

[3] 4 of NRS 201.560, the Board shall, in addition to any other condition of parole, require as a condition of parole that the parolee not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.

      2.  The Board is not required to impose a condition of parole set forth in subsection 1 if the Board finds that:

      (a) The use of a computer by the parolee will assist a law enforcement agency or officer in a criminal investigation;

      (b) The parolee will use the computer to provide technological training concerning technology of which the defendant has a unique knowledge; or

      (c) The use of the computer by the parolee will assist companies that require the use of the specific technological knowledge of the parolee that is unique and is otherwise unavailable to the company.

      3.  Except as otherwise provided in subsection 1, if the Board releases on parole a prisoner convicted of an offense that involved the use of a computer, system or network, the Board may, in addition to any other condition of parole, require as a condition of parole that the parolee not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.

      4.  As used in this section:

      (a) “Computer” has the meaning ascribed to it in NRS 205.4735.

      (b) “Network” has the meaning ascribed to it in NRS 205.4745.

      (c) “System” has the meaning ascribed to it in NRS 205.476.

      Sec. 25.  NRS 391.311 is hereby amended to read as follows:

      391.311  As used in NRS 391.311 to 391.3197, inclusive, unless the context otherwise requires:

      1.  “Administrator” means any employee who holds a license as an administrator and who is employed in that capacity by a school district.

      2.  “Board” means the board of trustees of the school district in which a licensed employee affected by NRS 391.311 to 391.3197, inclusive, is employed.

      3.  “Demotion” means demotion of an administrator to a position of lesser rank, responsibility or pay and does not include transfer or reassignment for purposes of an administrative reorganization.

      4.  “Immorality” means an act forbidden by NRS 200.366, 200.368, 200.400, 200.508, 201.180, 201.190, 201.210, 201.220, 201.230, 201.265 , 201.540, 201.560 or 207.260.

      5.  “Postprobationary employee” means an administrator or a teacher who has completed the probationary period as provided in NRS 391.3197 and has been given notice of reemployment.

      6.  “Probationary employee” means an administrator or a teacher who is employed for the period set forth in NRS 391.3197.

      7.  “Superintendent” means the superintendent of a school district or a person designated by the board or superintendent to act as superintendent during the absence of the superintendent.

      8.  “Teacher” means a licensed employee the majority of whose working time is devoted to the rendering of direct educational service to pupils of a school district.

      Sec. 26.  NRS 391.314 is hereby amended to read as follows:

      391.314  1.  If a superintendent has reason to believe that cause exists for the dismissal of a licensed employee and he is of the opinion that the immediate suspension of the employee is necessary in the best interests of the pupils in the district, the superintendent may suspend the employee without notice and without a hearing.


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2003 Statutes of Nevada, Page 1395 (Chapter 261, SB 394)

 

the pupils in the district, the superintendent may suspend the employee without notice and without a hearing. Notwithstanding the provisions of NRS 391.312, a superintendent may suspend a licensed employee who has been officially charged but not yet convicted of a felony or a crime involving moral turpitude or immorality. If the charge is dismissed or if the employee is found not guilty, he must be reinstated with back pay, plus interest, and normal seniority. The superintendent shall notify the employee in writing of the suspension.

      2.  Within 5 days after a suspension becomes effective, the superintendent shall begin proceedings pursuant to the provisions of NRS 391.312 to 391.3196, inclusive, to effect the employee’s dismissal. The employee is entitled to continue to receive his salary and other benefits after the suspension becomes effective until the date on which the dismissal proceedings are commenced. The superintendent may recommend that an employee who has been charged with a felony or a crime involving immorality be dismissed for another ground set forth in NRS 391.312.

      3.  If sufficient grounds for dismissal do not exist, the employee must be reinstated with full compensation, plus interest.

      4.  A licensed employee who furnishes to the school district a bond or other security which is acceptable to the board as a guarantee that he will repay any amounts paid to him pursuant to this subsection as salary during a period of suspension is entitled to continue to receive his salary from the date on which the dismissal proceedings are commenced until the decision of the board or the report of the hearing officer, if the report is final and binding. The board shall not unreasonably refuse to accept security other than a bond. An employee who receives salary pursuant to this subsection shall repay it if he is dismissed or not reemployed as a result of a decision of the board or a report of a hearing officer.

      5.  A licensed employee who is convicted of a crime which requires registration pursuant to NRS 179D.200 to 179D.290, inclusive, or 179D.350 to 179D.550, inclusive, or is convicted of an act forbidden by NRS 200.508, 201.190 , [or] 201.265 , 201.540, 201.560 or 207.260 forfeits all rights of employment from the date of his arrest.

      6.  A licensed employee who is convicted of any crime and who is sentenced to and serves any sentence of imprisonment forfeits all rights of employment from the date of his arrest or the date on which his employment terminated, whichever is later.

      7.  A licensed employee who is charged with a felony or a crime involving immorality or moral turpitude and who waives his right to a speedy trial while suspended may receive no more than 12 months of back pay and seniority upon reinstatement if he is found not guilty or the charges are dismissed, unless proceedings have been begun to dismiss the employee upon one of the other grounds set forth in NRS 391.312.

      8.  A superintendent may discipline a licensed employee by suspending the employee with loss of pay at any time after a hearing has been held which affords the due process provided for in this chapter. The grounds for suspension are the same as the grounds contained in NRS 391.312. An employee may be suspended more than once during the employee’s contract year, but the total number of days of suspension may not exceed 20 in 1 contract year. Unless circumstances require otherwise, the suspensions must be progressively longer.


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2003 Statutes of Nevada, Page 1396 (Chapter 261, SB 394)

 

      Sec. 27.  NRS 391.330 is hereby amended to read as follows:

      391.330  The State Board may suspend or revoke the license of any teacher, administrator or other licensed employee, after notice and an opportunity for hearing have been provided pursuant to NRS 391.322 and 391.323, for:

      1.  Immoral or unprofessional conduct.

      2.  Evident unfitness for service.

      3.  Physical or mental incapacity which renders the teacher, administrator or other licensed employee unfit for service.

      4.  Conviction of a felony or crime involving moral turpitude.

      5.  Conviction of a sex offense under NRS 200.366, 200.368, 201.190, 201.220, 201.230 , 201.540 or [207.260] 201.560 in which a pupil enrolled in a school of a county school district was the victim.

      6.  Knowingly advocating the overthrow of the Federal Government or of the State of Nevada by force, violence or unlawful means.

      7.  Persistent defiance of or refusal to obey the regulations of the State Board, the Commission or the Superintendent of Public Instruction, defining and governing the duties of teachers, administrators and other licensed employees.

      8.  Breaches in the security or confidentiality of the questions and answers of the achievement and proficiency examinations that are administered pursuant to NRS 389.015.

      9.  Intentional failure to observe and carry out the requirements of a plan to ensure the security of examinations adopted pursuant to NRS 389.616 or 389.620.

      10.  An intentional violation of NRS 388.5265 or 388.527.

      Sec. 28.  NRS 432B.100 is hereby amended to read as follows:

      432B.100  “Sexual abuse” includes acts upon a child constituting:

      1.  Incest under NRS 201.180;

      2.  Lewdness with a child under NRS 201.230;

      3.  [Annoyance or molestation of a child under NRS 207.260;

      4.]  Sado-masochistic abuse under NRS 201.262;

      [5.] 4.  Sexual assault under NRS 200.366;

      [6.] 5.  Statutory sexual seduction under NRS 200.368;

      [7.] 6.  Open or gross lewdness under NRS 201.210; and

      [8.] 7.  Mutilation of the genitalia of a female child, aiding, abetting, encouraging or participating in the mutilation of the genitalia of a female child, or removal of a female child from this state for the purpose of mutilating the genitalia of the child under NRS 200.5083.

      Sec. 29.  NRS 453.322 is hereby amended to read as follows:

      453.322  1.  Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to [:] knowingly or intentionally:

      (a) Manufacture or compound a controlled substance other than marijuana . [;]

      (b) Possess [a majority of the ingredients required] , with the intent to manufacture or compound a controlled substance other than marijuana [, unless he is] :

             (1) Any chemical identified in subsection 4; or

             (2) Any other chemical which is proven by expert testimony to be commonly used in manufacturing or compounding a controlled substance other than marijuana. The district attorney may present expert testimony to provide a prima facie case that any chemical, whether or not it is a chemical identified in subsection 4, is commonly used in manufacturing or compounding such a controlled substance.


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2003 Statutes of Nevada, Page 1397 (Chapter 261, SB 394)

 

provide a prima facie case that any chemical, whether or not it is a chemical identified in subsection 4, is commonly used in manufacturing or compounding such a controlled substance.

The provisions of this paragraph do not apply to a person who, without the intent to commit an unlawful act, possesses any chemical at a laboratory that is licensed to store [such ingredients; or] the chemical.

      (c) Offer or attempt to do any act set forth in paragraph (a) or (b).

      2.  Unless a greater penalty is provided in NRS 453.3385 or 453.3395, a person who violates [the provisions] any provision of subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $100,000.

      3.  The court shall not grant probation to a person convicted pursuant to this section.

      4.  The following chemicals are identified for the purposes of subsection 1:

      (a) Acetic anhydride.

      (b) Acetone.

      (c) N-Acetylanthranilic acid, its esters and its salts.

      (d) Anthranilic acid, its esters and its salts.

      (e) Benzaldehyde, its salts, isomers and salts of isomers.

      (f) Benzyl chloride.

      (g) Benzyl cyanide.

      (h) 1,4-Butanediol.

      (i) 2-Butanone (or methyl ethyl ketone or MEK).

      (j) Ephedrine, its salts, isomers and salts of isomers.

      (k) Ergonovine and its salts.

      (l) Ergotamine and its salts.

      (m) Ethylamine, its salts, isomers and salts of isomers.

      (n) Ethyl ether.

      (o) Gamma butyrolactone.

      (p) Hydriodic acid, its salts, isomers and salts of isomers.

      (q) Hydrochloric gas.

      (r) Iodine.

      (s) Isosafrole, its salts, isomers and salts of isomers.

      (t) Methylamine, its salts, isomers and salts of isomers.

      (u) 3,4-Methylenedioxy-phenyl-2-propanone.

      (v) N-Methylephedrine, its salts, isomers and salts of isomers.

      (w) Methyl isobutyl ketone (MIBK).

      (x) N-Methylpseudoephedrine, its salts, isomers and salts of isomers.

      (y) Nitroethane, its salts, isomers and salts of isomers.

      (z) Norpseudoephedrine, its salts, isomers and salts of isomers.

      (aa) Phenylacetic acid, its esters and its salts.

      (bb) Phenylpropanolamine, its salts, isomers and salts of isomers.

      (cc) Piperidine and its salts.

      (dd) Piperonal, its salts, isomers and salts of isomers.

      (ee) Potassium permanganate.

      (ff) Propionic anhydride, its salts, isomers and salts of isomers.

      (gg) Pseudoephedrine, its salts, isomers and salts of isomers.

      (hh) Red phosphorous.

      (ii) Safrole, its salts, isomers and salts of isomers.


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2003 Statutes of Nevada, Page 1398 (Chapter 261, SB 394)

 

      (jj) Sulfuric acid.

      (kk) Toluene.

      Sec. 30.  This act becomes effective upon passage and approval.

________

 

CHAPTER 262, AB 255

Assembly Bill No. 255–Committee on Ways and Means

 

CHAPTER 262

 

AN ACT relating to the Department of Human Resources; extending the reversion date of the appropriation made during previous Legislative Session to the Department of Human Resources for the Medicaid Management Information System; and providing other matters properly relating thereto.

 

[Approved: May 28, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 2 of chapter 441, Statutes of Nevada 2001, at page 2157, is hereby amended to read as follows:

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, [2003,] 2005, and reverts to the state general fund as soon as all payments of money committed have been made.

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

________

 

CHAPTER 263, AB 469

Assembly Bill No. 469–Committee on Ways and Means

 

CHAPTER 263

 

AN ACT making a supplemental appropriation to the Division of Child and Family Services of the Department of Human Resources for an unanticipated shortfall in money for medical care and higher-level placements for Medicaid-eligible children; and providing other matters properly relating thereto.

 

[Approved: May 28, 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 State General Fund to the Division of Child and Family Services of the Department of Human Resources the sum of $1,113,588 for an unanticipated shortfall in money for medical care and higher-level placements for Medicaid-eligible children. 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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2003 Statutes of Nevada, Page 1399

 

CHAPTER 264, AB 471

Assembly Bill No. 471–Committee on Ways and Means

 

CHAPTER 264

 

AN ACT making a supplemental appropriation to the Division of Health Care Financing and Policy of the Department of Human Resources for a shortfall in budgeting in Fiscal Year 2002-2003.

 

[Approved: May 28, 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 State General Fund to the Division of Health Care Financing and Policy of the Department of Human Resources the sum of $11,678,558 for shortfall in budgeting in Fiscal Year 2002-2003 for the State’s share of the Medicaid caseload and county-match requirements. This appropriation is supplemental to that made by section 19 of chapter 570, Statutes of Nevada 2001, at page 2860.

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

________

 

CHAPTER 265, SB 493

Senate Bill No. 493–Committee on Finance

 

CHAPTER 265

 

AN ACT making a supplemental appropriation to the Office of the Military for an unanticipated shortfall in money for utility costs in Fiscal Year 2002-2003; and providing other matters properly relating thereto.

 

[Approved: May 28, 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 State General Fund to the Office of the Military the sum of $137,000 for an unanticipated shortfall in utility costs for Fiscal Year 2002-2003. This appropriation is supplemental to that made by section 20 of chapter 570, Statutes of Nevada 2001, at page 2861.

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

________

 


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2003 Statutes of Nevada, Page 1400

 

CHAPTER 266, SB 478

Senate Bill No. 478–Committee on Transportation

 

CHAPTER 266

 

AN ACT relating to the Department of Public Safety; authorizing the Department to adopt certain regulations relating to motor carriers; clarifying the duty of the Department to enforce certain provisions relating to motor carriers; and providing other matters properly relating thereto.

 

[Approved: May 28, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 706.151 is hereby amended to read as follows:

      706.151  1.  It is hereby declared to be the purpose and policy of the Legislature in enacting this chapter:

      (a) Except to the extent otherwise provided in NRS 706.881 to 706.885, inclusive, to confer upon the Authority the power and to make it the duty of the Authority to regulate fully regulated carriers, operators of tow cars and brokers of regulated services to the extent provided in this chapter and to confer upon the Department of Motor Vehicles the power to license all motor carriers and to make it the duty of the Department of Motor Vehicles and the Department of Public Safety to enforce the provisions of this chapter and the regulations adopted by the Authority pursuant to it, to relieve the undue burdens on the highways arising by reason of the use of the highways by vehicles in a gainful occupation thereon.

      (b) To provide for reasonable compensation for the use of the highways in gainful occupations, and enable the State of Nevada, by using license fees, to provide for the proper construction, maintenance and repair thereof, and thereby protect the safety and welfare of the traveling and shipping public in their use of the highways.

      (c) To provide for fair and impartial regulation, to promote safe, adequate, economical and efficient service and to foster sound economic conditions in motor transportation.

      (d) To encourage the establishment and maintenance of reasonable charges for:

             (1) Intrastate transportation by fully regulated carriers; and

             (2) Towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle,

without unjust discriminations against or undue preferences or advantages being given to any motor carrier or applicant for a certificate of public convenience and necessity.

      (e) To discourage any practices which would tend to increase or create competition that may be detrimental to the traveling and shipping public or the motor carrier business within this state.

      2.  All of the provisions of this chapter must be administered and enforced with a view to carrying out the declaration of policy contained in this section.


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2003 Statutes of Nevada, Page 1401 (Chapter 266, SB 478)

 

      Sec. 2.  NRS 706.169 is hereby amended to read as follows:

      706.169  1.  The Department of Motor Vehicles and the Department of Public Safety shall [:

      1.  Regulate] regulate the activities of common and contract carriers of property other than fully regulated carriers and operators of tow cars.

      2.  [Regulate] The Department of Motor Vehicles shall regulate the licensing of private motor carriers of property used for private commercial enterprises on any highway in this state.

      Sec. 3.  NRS 706.171 is hereby amended to read as follows:

      706.171  1.  The Authority , [and] the Department of Motor Vehicles and the Department of Public Safety may:

      (a) Make necessary and reasonable regulations governing the administration and enforcement of the provisions of this chapter for which they are each responsible.

      (b) Adopt by reference any appropriate rule or regulation, as it exists at the time of adoption, issued by the United States Department of Transportation, the Surface Transportation Board, any other agency of the Federal Government, or the National Association of Regulatory Utility Commissioners.

      (c) Require such reports and the maintenance of such records as they determine to be necessary for the administration and enforcement of this chapter.

      (d) Except as otherwise provided in this section, examine, at any time during the business hours of the day, the books, papers and records of any fully regulated carrier, and of any other common, contract or private motor carrier doing business in this state to the extent necessary for their respective duties. The Authority [and] , the Department of Motor Vehicles and the Department of Public Safety may examine in other states or require by subpoena the production inside this state of such books, papers and records as are not maintained in this state.

      (e) Temporarily waive any requirement for a certificate or permit when an emergency exists as defined in NRS 706.561.

      2.  No personnel records of an employee of a fully regulated carrier, or of any other common, contract or private motor carrier may be examined pursuant to paragraph (d) of subsection 1 unless the records contain information relating to a matter of public safety or the Authority , the Department of Motor Vehicles and the Department of Public Safety determine that the examination is required to protect the interests of the public.

      3.  The Department of Motor Vehicles may adopt regulations to ensure the payment of any fee due or authorized pursuant to the provisions of this chapter.

      4.  As used in this section, “personnel records” does not include:

      (a) The name of the employee who is the subject of the record;

      (b) The gross compensation and perquisites of the employee;

      (c) Any record of the business expenses of the employee;

      (d) The title or any description of the position held by the employee;

      (e) The qualifications required for the position held by the employee;

      (f) The business address of the employee;

      (g) The telephone number of the employee at his place of business;

      (h) The work schedule of the employee;

      (i) The date on which the employee began his employment; and


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2003 Statutes of Nevada, Page 1402 (Chapter 266, SB 478)

 

      (j) If applicable, the date on which the employment of the employee was terminated.

      Sec. 4.  NRS 706.173 is hereby amended to read as follows:

      706.173  1.  The Authority , the Department of Motor Vehicles or the Department of Public Safety may, by regulation applicable to common, contract and private motor carriers of passengers and property, adopt standards for safety for drivers and vehicles.

      2.  The Department of Motor Vehicles or the Department of Public Safety may, by regulation applicable to all motor vehicles transporting hazardous materials, adopt standards for the transportation of hazardous materials and hazardous waste as defined in NRS 459.430.

      Sec. 5.  NRS 706.231 is hereby amended to read as follows:

      706.231  Sheriffs and all other peace officers and traffic officers of this state are charged with the duty, without further compensation, of assisting in the enforcement of this chapter. They shall make arrests for this purpose when requested by an authorized agent of the Department [,] of Motor Vehicles, the Department of Public Safety, the Authority or other competent authority.

      Sec. 6.  NRS 706.235 is hereby amended to read as follows:

      706.235  1.  Whenever a peace officer detains the driver of a heavy-duty motor vehicle for a violation of any provision of this chapter or any other specific statute or regulation relating to the equipment, lights, brakes, tires, mechanisms or safety appliances required of such a vehicle, the peace officer shall, in lieu of arresting the driver, prepare manually or electronically and issue a citation, a notice of correction, or both. If a notice of correction is issued, it must set forth the violation with particularity and specify the corrective action which must be taken.

      2.  If, at the time of the issuance of a citation or a notice of correction, the peace officer determines that the vehicle is unsafe and poses an immediate threat to the life of the driver or any other person upon a public highway, the peace officer may require that the vehicle be taken to the nearest garage or other place where the vehicle may be safely repaired. If the vehicle is transporting wet concrete or other perishable cargo and does not pose an immediate threat to life, and if the destination of the vehicle is within a distance of not more than 15 miles, the peace officer shall not delay the vehicle for more than 15 minutes and shall permit the vehicle to proceed to its destination and unload its cargo. Upon the arrival of the vehicle at its destination, the peace officer may order that the vehicle be taken, after the cargo of the vehicle has been unloaded, to the nearest garage or other place where the vehicle may be safely repaired.

      3.  As used in this section:

      (a) “Heavy-duty motor vehicle” means a motor vehicle which:

             (1) Has a manufacturer’s gross vehicle weight rating of 10,000 pounds or more; and

             (2) Is owned or leased by or otherwise used in the regular course of the business of a common, contract or private motor carrier.

      (b) “Peace officer” means:

             (1) A peace officer or an inspector of the Department [;] of Motor Vehicles or Department of Public Safety; or

             (2) A sheriff, peace officer or traffic officer assisting in the enforcement of the provisions of this chapter.


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

2003 Statutes of Nevada, Page 1403 (Chapter 266, SB 478)

 

      Sec. 7.  NRS 706.246 is hereby amended to read as follows:

      706.246  Except as otherwise provided in NRS 706.235:

      1.  A common or contract motor carrier shall not permit or require a driver to drive or tow any vehicle revealed by inspection or operation to be in such condition that its operation would be hazardous or likely to result in a breakdown of the vehicle, and a driver shall not drive or tow any vehicle which by reason of its mechanical condition is so imminently hazardous to operate as to be likely to cause an accident or a breakdown of the vehicle. If, while any vehicle is being operated on a highway, it is discovered to be in such an unsafe condition, it may be continued in operation, except as further limited by subsection 2, only to the nearest place where repairs can safely be effected, and even that operation may be conducted only if it is less hazardous to the public than permitting the vehicle to remain on the highway.

      2.  A common or contract motor carrier or private motor carrier shall not permit or require a driver to drive or tow, and a driver shall not drive or tow, any vehicle which:

      (a) By reason of its mechanical condition is so imminently hazardous to operate as to be likely to cause an accident or a breakdown; and

      (b) Has been declared “out of service” by an authorized employee of the Authority , the Department of Motor Vehicles or the Department [.] of Public Safety.

When the repairs have been made, the carrier shall so certify to the Authority or the Department [, whichever agency] that declared the vehicle “out of service,” as required by the Authority or [the] that Department.

      Sec. 8.  This act becomes effective on July 1, 2003.

________

 

CHAPTER 267, SB 476

Senate Bill No. 476–Committee on Transportation

 

CHAPTER 267

 

AN ACT relating to taxicabs; revising the provisions governing service as a member of the Taxicab Authority; increasing the amount of petty cash available for the support of undercover investigations conducted by the Taxicab Authority; revising the requirement for a physician’s certificate for employment as a driver of a taxicab; and providing other matters properly relating thereto.

 

[Approved: May 28, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 706.8818 is hereby amended to read as follows:

      706.8818  1.  [A] The Taxicab Authority, consisting of five members appointed by the Governor, is hereby created. [No] Except as otherwise provided in NRS 232A.020, the term of each member is 3 years and no member may serve for more than 6 years. No more than three members may be members of the same political party, and no elected officer of the State or any political subdivision is eligible for appointment.


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

2003 Statutes of Nevada, Page 1404 (Chapter 267, SB 476)

 

      2.  Each member of the Taxicab Authority is entitled to receive a salary of not more than $80, as fixed by the Authority, for each day actually employed on work of the Authority.

      3.  While engaged in the business of the Taxicab Authority, each member and employee of the Authority is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      4.  The Taxicab Authority shall maintain its principal office in the county or area of the State where it performs most of its regulatory activity.

      5.  The Taxicab Authority may adopt appropriate regulations for the administration and enforcement of NRS 706.881 to 706.885, inclusive, and , as it may deem necessary, for the conduct of the taxicab business and for the qualifications of and the issuance of permits to taxicab drivers, not inconsistent with the provisions of NRS 706.881 to 706.885, inclusive. The regulations may include different provisions to allow for differences among the counties to which NRS 706.881 to 706.885, inclusive, apply. Local law enforcement agencies and the Nevada Highway Patrol, upon request of the Authority, may assist in enforcing the provisions of NRS 706.881 to 706.885, inclusive, and regulations adopted pursuant thereto.

      6.  Except to the extent of any inconsistency with the provisions of NRS 706.881 to 706.885, inclusive, every regulation and order issued by the Transportation Services Authority remains effective in a county to which those sections apply until modified or rescinded by the Taxicab Authority, and must be enforced by the Taxicab Authority.

      Sec. 2.  NRS 706.8825 is hereby amended to read as follows:

      706.8825  1.  All fees collected pursuant to NRS 706.881 to 706.885, inclusive, must be deposited by the Administrator to the credit of the Taxicab Authority Fund, which is hereby created as a special revenue fund. The transactions for each county subject to those sections must be accounted for separately within the Fund.

      2.  The interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund.

      3.  The revenues received pursuant to subsection 1 of NRS 706.8826 are hereby appropriated to defray the cost of regulating taxicabs in the county or the city, respectively, making the deposit under that subsection.

      4.  The fees received pursuant to subsection 3 of NRS 706.8826, NRS 706.8827, 706.8841 , 706.8848, 706.8849 and [706.8848 to 706.885, inclusive,] 706.885 are hereby appropriated to defray the cost of regulating taxicabs in the county in which the certificate holder operates a taxicab business.

      5.  Any balance remaining in the Fund does not revert to the State General Fund. The Administrator may transfer to the Aging Services Division of the Department of Human Resources any balance over $200,000 and any interest earned on the Fund, within the limits of legislative authorization for each fiscal year, to subsidize transportation for the elderly and the permanently handicapped in taxicabs. The money transferred to the Aging Services Division must be administered in accordance with regulations adopted by the Administrator of the Aging Services Division pursuant to NRS 427A.070.

      6.  The Administrator may establish an Account for Petty Cash not to exceed [$1,000] $2,000 for the support of undercover investigation, and, if the Account is created, the Administrator shall reimburse the Account from the Taxicab Authority Fund in the same manner as other claims against the State are paid.


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2003 Statutes of Nevada, Page 1405 (Chapter 267, SB 476)

 

the Taxicab Authority Fund in the same manner as other claims against the State are paid.

      Sec. 3.  NRS 706.8842 is hereby amended to read as follows:

      706.8842  1.  Before applying to a certificate holder for employment as a driver, a person [shall] must obtain a physician’s certificate with two copies thereof from a physician who is licensed to practice in the State of Nevada.

      2.  A physician shall issue the certificate and copies described in subsection 1 if he finds that a prospective driver meets the health requirements established by the Federal Motor Carrier Safety Regulations, 49 C.F.R. งง 391.41 et seq.

      3.  The certificate described in subsection 1 must state that the physician has examined the prospective driver and has found that he meets the health requirements described in subsection 2. The certificate must be signed and dated by the physician.

      4.  The physician’s certificate required by this section expires [3] 2 years after the date of issuance and may be renewed.

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

________

 

CHAPTER 268, SB 247

Senate Bill No. 247–Committee on Finance

 

CHAPTER 268

 

AN ACT making appropriations to restore the balances in the Stale Claims Account, Emergency Account and Reserve for Statutory Contingency Account; and providing other matters properly relating thereto.

 

[Approved: May 28, 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 Stale Claims Account created by NRS 353.097 the sum of $2,500,000 to restore the balance in the Account.

      2.  There is hereby appropriated from the State General Fund to the Emergency Account created by NRS 353.263 the sum of $215,593 to restore the balance in the Account.

      3.  There is hereby appropriated from the State General Fund to the Reserve for Statutory Contingency Account created by NRS 353.264 the sum of $3,000,000 to restore the balance in the Account.

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

________

 


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

2003 Statutes of Nevada, Page 1406

 

CHAPTER 269, SB 246

Senate Bill No. 246–Committee on Finance

 

CHAPTER 269

 

AN ACT making a supplemental appropriation to the Supreme Court of Nevada for an unanticipated shortfall in money for Fiscal Year 2002-2003 resulting from a deficit in the collection of administrative assessments; and providing other matters properly relating thereto.

 

[Approved: May 28, 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 State General Fund to the Supreme Court of Nevada the sum of $610,000 for an unanticipated shortfall in money for Fiscal Year 2002-2003 resulting from a deficit in the collection of administrative assessments. This appropriation is supplemental to that made by section 11 of chapter 570, Statutes of Nevada 2001, at page 2858.

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

________

 

CHAPTER 270, SB 288

Senate Bill No. 288–Committee on Finance

 

CHAPTER 270

 

AN ACT relating to taxicabs; increasing the fee for each compensable trip of a taxicab; increasing the fees for the issuance and renewal of a driver’s permit to operate a taxicab; and providing other matters properly relating thereto.

 

[Approved: May 28, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 706.8826 is hereby amended to read as follows:

      706.8826  1.  The board of county commissioners of any county in which there is in effect an order for the allocation of taxicabs from a Taxicab Authority, and the governing body of each city within any such county, shall deposit to the credit of the Taxicab Authority Fund all of the tax revenue which is received from the taxicab business operating in the county and city, respectively.

      2.  For the purpose of calculating the amount due to the State under subsection 1, the tax revenue of a county does not include any amount which represents a payment for the use of county facilities or property.

      3.  Any certificate holder who is subject to an order of allocation by the Taxicab Authority shall pay to the Taxicab Authority $100 per year for each taxicab that the Taxicab Authority has allocated to the certificate holder and a fee set by the Taxicab Authority that must not exceed [15] 20 cents per trip for each compensable trip of each of those taxicabs, which may be added to the meter charge.


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2003 Statutes of Nevada, Page 1407 (Chapter 270, SB 288)

 

the meter charge. The money so received by the Taxicab Authority must be deposited in the State Treasury to the credit of the Taxicab Authority Fund.

      Sec. 2.  NRS 706.8841 is hereby amended to read as follows:

      706.8841  1.  The Administrator shall issue a driver’s permit to qualified persons who wish to be employed by certificate holders as taxicab drivers. Before issuing a driver’s permit, the Administrator shall:

      (a) Require the applicant to submit a set of his fingerprints, which must be forwarded to the Federal Bureau of Investigation to ascertain whether the applicant has a criminal record and the nature of any such record, and shall further investigate the applicant’s background; and

      (b) Require proof that the applicant:

             (1) Has been a resident of the State for 30 days before his application for a permit;

             (2) Can read and orally communicate in the English language; and

             (3) Has a valid license issued under NRS 483.325 which authorizes him to drive a taxicab in this state.

      2.  The Administrator may refuse to issue a driver’s permit if the applicant has been convicted of:

      (a) A felony, other than a felony involving any sexual offense, in this state or any other jurisdiction within 5 years before the date of the application;

      (b) A felony involving any sexual offense in this state or any other jurisdiction at any time before the date of the application; or

      (c) A violation of NRS 484.379 or 484.3795 or a law of any other jurisdiction that prohibits the same or similar conduct within 3 years before the date of the application.

      3.  The Administrator may refuse to issue a driver’s permit if the Administrator, after the background investigation of the applicant, determines that the applicant is morally unfit or if the issuance of the driver’s permit would be detrimental to public health, welfare or safety.

      4.  A taxicab driver shall pay to the Administrator, in advance, [$20] $40 for an original driver’s permit and [$5] $10 for a renewal.

      Sec. 3.  This act becomes effective on July 1, 2003.

________

 


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

2003 Statutes of Nevada, Page 1408

 

CHAPTER 271, AB 225

Assembly Bill No. 225–Committee on Government Affairs

 

CHAPTER 271

 

AN ACT relating to programs for public employees; providing that the Public Employees’ Deferred Compensation Program approved by the Committee to administer the Program may consist of any plan authorized by federal law to reduce taxable income or other forms of compensation; and providing other matters properly relating thereto.

 

[Approved: May 28, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 287.270 is hereby amended to read as follows:

      287.270  “Deferred compensation” means income which a state employee or employee of the University and Community College System of Nevada may legally set aside under the Program, which may consist of one or more plans authorized by 26 U.S.C. ง 401(a), 401(k), 403(b) , [or] 457 or 3121, including, without limitation, a FICA alternative plan, or any other plan authorized by any federal law to reduce taxable compensation or other forms of compensation, and which income, while invested under the Program, is exempt from federal income taxes on the employee’s contributions and interest, dividends and capital gains.

      Sec. 2.  NRS 287.320 is hereby amended to read as follows:

      287.320  1.  The State may agree with any of its employees, and the Board of Regents of the University of Nevada may agree with any of its employees, to defer the compensation due to them in accordance with a program approved by the Committee which may consist of one or more plans authorized by 26 U.S.C. ง 401(a), 401(k), 403(b) [or 457.] , 457 or 3121, including, without limitation, a FICA alternative plan, or any other plan authorized by any federal law to reduce taxable compensation or other forms of compensation. The Board of Regents may agree with any of its employees to defer the compensation due to them as authorized by 26 U.S.C. ง 403(b) without submitting the program to the Committee for its approval. An employee may defer compensation under one or more plans in the Program.

      2.  The employer shall withhold the amount of compensation which an employee has, by such an agreement, directed the employer to defer.

      3.  The employer may invest the withheld money in any investment approved by the Committee or, in the case of deferred compensation under 26 U.S.C. ง 403(b) for employees of the University and Community College System of Nevada by the Board of Regents of the University of Nevada.

      4.  The investments must be underwritten and offered in compliance with all applicable federal and state laws and regulations, and may be offered only by persons who are authorized and licensed under all applicable state and federal regulations.

      5.  All amounts of compensation deferred pursuant to the Program, all property and all rights purchased with those amounts and all income attributable to those amounts, property or rights must, in accordance with 26 U.S.C. ง 401(a) [or 457(g),] , 401(k), 403(b), 457(g) or 3121, including, without limitation, a FICA alternative plan, or any other federal law authorizing a plan to reduce taxable compensation or other forms of compensation, as applicable, be held in trust for the exclusive benefit of the participants in the Program and their beneficiaries.


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

2003 Statutes of Nevada, Page 1409 (Chapter 271, AB 225)

 

U.S.C. ง 401(a) [or 457(g),] , 401(k), 403(b), 457(g) or 3121, including, without limitation, a FICA alternative plan, or any other federal law authorizing a plan to reduce taxable compensation or other forms of compensation, as applicable, be held in trust for the exclusive benefit of the participants in the Program and their beneficiaries.

      Sec. 3.  NRS 287.340 is hereby amended to read as follows:

      287.340  1.  Deferrals of compensation may be withheld as deductions from the payroll in accordance with the agreement between the employer and a participating employee.

      2.  The amount of deferred compensation set aside by the employer to a plan under the Program during any calendar year may not exceed the amount authorized by 26 U.S.C. ง 401(a), 401(k), 403(b) [or 457,] , 457 or 3121, including, without limitation, a FICA alternative plan, or any other federal law authorizing a plan to reduce taxable compensation or other forms of compensation, as applicable.

      Sec. 4.  NRS 287.350 is hereby amended to read as follows:

      287.350  1.  No plan in the program becomes effective and no deferral may be made until the plan meets the requirements of 26 U.S.C. ง 401(a), 401(k), 403(b) [or 457,] , 457 or 3121, including, without limitation, a FICA alternative plan, or any other federal law authorizing a plan to reduce taxable compensation or other forms of compensation, as applicable, for eligibility.

      2.  Income deferred during a period in which no income tax is imposed by the State or a political subdivision may not be taxed when paid to the employee.

      Sec. 5.  This act becomes effective on July 1, 2003.

________

 

CHAPTER 272, SB 494

Senate Bill No. 494–Committee on Finance

 

CHAPTER 272

 

AN ACT relating to writs of prohibition; revising the provisions governing the issuance of writs of prohibition to conform to the Nevada Constitution by providing that a district court may issue a writ of prohibition in certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 28, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 34.330 is hereby amended to read as follows:

      34.330  The writ may be issued only by the Supreme Court or a district court to an inferior tribunal, or to a corporation, board or person, in all cases where there is not a plain, speedy and adequate remedy in the ordinary course of law. It is issued upon affidavit, on the application of the person beneficially interested.

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

________

 


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

2003 Statutes of Nevada, Page 1410

 

CHAPTER 273, AB 212

Assembly Bill No. 212–Committee on Commerce and Labor

 

CHAPTER 273

 

AN ACT relating to manufactured housing; revising certain fees that fund the Account for Education and Recovery Relating to Manufactured Housing; requiring purchasers who commence an action that may result in payment from the Account to serve a copy of the complaint upon the Administrator of the Manufactured Housing Division of the Department of Business and Industry; prohibiting certain licensees from recovering damages from the Account under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 28, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 489.4971 is hereby amended to read as follows:

      489.4971  1.  The Account for Education and Recovery Relating to Manufactured Housing is hereby created within the Fund for Manufactured Housing to satisfy the claims of purchasers of manufactured homes, mobile homes or commercial coaches against persons licensed pursuant to the provisions of this chapter. Any balance in the Account over $500,000 at the end of any fiscal year must be set aside and used by the Administrator for education relating to manufactured homes, mobile homes, travel trailers or commercial coaches.

      2.  Upon the issuance or renewal of the following licenses by the Division, the licensee must pay in addition to the original or renewal license fee, a fee:

      (a) For a dealer’s or manufacturer’s original license, or an original limited dealer’s license issued pursuant to NRS 489.281, of $1,000.

      (b) For a dealer’s or manufacturer’s renewal license, or a renewal limited dealer’s license issued pursuant to NRS 489.281, of $600.

      (c) For an original or renewal license for:

             (1) A serviceman, rebuilder or installer, of $150.

             (2) A salesman, of [$25.] $75.

             (3) A responsible managing employee, of [$50.] $100.

Except as otherwise provided in NRS 489.265, fees collected pursuant to this section must be deposited in the State Treasury for credit to the Account.

      3.  A payment from the Account to satisfy the claim of a purchaser specified in subsection 1 against a person who is licensed pursuant to this chapter must be made only upon an appropriate court order that is issued in an action for fraud, misrepresentation or deceit relating to an act for which a license is required pursuant to this chapter.

      4.  If a purchaser specified in subsection 1 commences an action specified in subsection 3 against a person who is licensed pursuant to this chapter, the purchaser must serve a copy of the complaint upon the Administrator within 30 days after the action is commenced.

      Sec. 2.  NRS 489.4975 is hereby amended to read as follows:

      489.4975  1.  If a purchaser of a manufactured home, mobile home or commercial coach obtains a final judgment in any court of competent jurisdiction against any licensee under this chapter in an action specified in subsection 3 of NRS 489.4971, the judgment creditor may, upon the termination of all proceedings, including appeals in connection with any judgment, file a verified petition in the court in which the judgment was entered for an order directing payment from the Account in the amount of actual damages included in the judgment and unpaid, but not more than $25,000 per judgment and the liability of the Account may not exceed $100,000 for any licensee.


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2003 Statutes of Nevada, Page 1411 (Chapter 273, AB 212)

 

jurisdiction against any licensee under this chapter in an action specified in subsection 3 of NRS 489.4971, the judgment creditor may, upon the termination of all proceedings, including appeals in connection with any judgment, file a verified petition in the court in which the judgment was entered for an order directing payment from the Account in the amount of actual damages included in the judgment and unpaid, but not more than $25,000 per judgment and the liability of the Account may not exceed $100,000 for any licensee.

      2.  A copy of the petition must be served upon the Administrator and an affidavit of service filed with the court. The petition and each copy of the petition served pursuant to this subsection must set forth the grounds which entitle the judgment creditor to recover from the Account and must include a copy of:

      (a) The final judgment specified in subsection 1;

      (b) The complaint upon which the final judgment was entered; and

      (c) If assets are known to exist, the writ of execution that was returned unsatisfied.

      3.  The court shall act upon the petition within 30 days after service and, upon the hearing of the petition, the judgment creditor must show that:

      (a) He is not the spouse of the judgment debtor, or the personal representative of that spouse.

      (b) He has complied with all the requirements of NRS 489.4971 to 489.4989, inclusive.

      (c) He has obtained a judgment of the kind described in subsection 1, stating the amount of the judgment and the amount owing on it at the date of the petition.

      (d) A writ of execution has been issued upon the judgment and that no assets of the judgment debtor liable to be levied upon in satisfaction of the judgment could be found, or that the amount realized on the sale of any of them that were found under the execution was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due.

      (e) He and the Division have made reasonable searches and inquiries to ascertain whether the judgment debtor possesses real or personal property or other assets, liable to be sold or applied in satisfaction of the judgment.

      (f) The petition has been filed not more than 1 year after the termination of all proceedings, including reviews and appeals, in connection with the judgment.

      4.  A person licensed pursuant to this chapter shall not recover from the Account for damages related to a transaction in which he acted in his capacity as a licensee.

      Sec. 3.  The provisions of subsection 4 of NRS 489.4971, as enacted by section 1 of this act, do not apply to an action that is commenced before the effective date of this act.

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

________

 


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2003 Statutes of Nevada, Page 1412

 

CHAPTER 274, SB 18

Senate Bill No. 18–Senator Schneider

 

CHAPTER 274

 

AN ACT relating to air pollution; requiring the Department of Motor Vehicles to establish by regulation procedures for inspecting certain stations involved in the control of emissions from engines; and providing other matters properly relating thereto.

 

[Approved: May 28, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 445B.790 is hereby amended to read as follows:

      445B.790  1.  The Department of Motor Vehicles shall , by regulation, establish procedures for inspecting authorized inspection stations, authorized maintenance stations, authorized stations and fleet stations, and may require the holder of a license for an authorized inspection station, authorized maintenance station, authorized station or fleet station to submit any material or document which is used in the program to control emissions from motor vehicles.

      2.  The Department may deny, suspend or revoke the license of an approved inspector, authorized inspection station, authorized maintenance station, authorized station or fleet station if:

      (a) The approved inspector or the holder of a license for an authorized inspection station, authorized maintenance station, authorized station or fleet station is not complying with the provisions of NRS 445B.700 to 445B.815, inclusive.

      (b) The holder of a license for an authorized inspection station, authorized maintenance station, authorized station or fleet station refuses to furnish the Department with the requested material or document.

      (c) The approved inspector has issued a fraudulent certificate of compliance, whether intentionally or negligently. A “fraudulent certificate” includes, but is not limited to:

             (1) A backdated certificate;

             (2) A postdated certificate; and

             (3) A certificate issued without an inspection.

      (d) The approved inspector does not follow the prescribed test procedure.

________

 


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2003 Statutes of Nevada, Page 1413

 

CHAPTER 275, SB 481

Senate Bill No. 481–Committee on Transportation

 

CHAPTER 275

 

AN ACT relating to motor vehicles; establishing provisions relating to the maximum load weights per tire and the minimum number of tires per axle for vehicles allowed to operate on public highways of this state; and providing other matters properly relating thereto.

 

[Approved: May 28, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 484.745 is hereby amended to read as follows:

      484.745  1.  Except as otherwise provided in NRS 484.737, 484.743, 484.746, 484.748 [and 484.7485,] , 484.7485 and 484.752, a vehicle may be operated or moved upon any public highway if:

      (a) The maximum weight on any single axle does not exceed 20,000 pounds.

      (b) The maximum weight on any tandem axle does not exceed 34,000 pounds.

      (c) The maximum weight per tire, measured by pounds per inch of tire width, does not exceed 600 pounds per inch for a steering axle and 500 pounds per inch for all other axles.

      (d) Except for a steering axle and axles that weigh less than 10,000 pounds, each axle has at least four tires if the tire width of each tire on the axle is less than or equal to 14 inches. If the maximum weight per tire does not exceed 500 pounds per inch of tire width, an axle may be equipped with tires that have a width of more than 14 inches.

      (e) Except as otherwise provided in subsection 2, the maximum overall gross weight on any group of two or more consecutive axles does not exceed the values set forth in the following formula: W=500 [LN/(N‑1) + 12N + 36] wherein:

             (1) W equals the maximum load in pounds carried on any group of two or more consecutive axles;

             (2) L equals the distance in feet between the extremes of any group of two or more consecutive axles; and

             (3) N equals the number of axles in the group under consideration.

      2.  Two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each if the distance between the first and last axles of the consecutive sets of axles is 36 feet or more.

      3.  As used in this section, “tire width” means the width set by the manufacturer of the tire and inscribed on the sidewall of the tire.

________

 


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2003 Statutes of Nevada, Page 1414

 

CHAPTER 276, SB 490

Senate Bill No. 490–Committee on Natural Resources

 

CHAPTER 276

 

AN ACT relating to the tax for infrastructure; authorizing the boards of county commissioners of certain counties to use money in the infrastructure fund for the operation and maintenance of flood control projects; requiring the Board of County Commissioners of Washoe County to submit a progress report to the 73rd Session of the Nevada Legislature concerning certain flood control projects; and providing other matters properly relating thereto.

 

[Approved: May 28, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 377B.160 is hereby amended to read as follows:

      377B.160  The money in the infrastructure fund, including interest and any other income from the fund:

      1.  In a county whose population is 400,000 or more, must only be expended by the water authority, distributed by the water authority to its members, distributed by the water authority pursuant to NRS 377B.170 to a city or town located in the county whose territory is not within the boundaries of the area served by the water authority or to a public entity in such a county which provides water or wastewater services and which is not a member of the water authority or, if no water authority exists in the county, by the board of county commissioners for:

      (a) The acquisition, establishment, construction, improvement or equipping of water and wastewater facilities;

      (b) The payment of principal and interest on notes, bonds or other securities issued to provide money for the cost of projects described in paragraph (a); or

      (c) Any combination of those purposes.

The board of county commissioners may only expend money from the infrastructure fund pursuant to this subsection in the manner set forth in the plan adopted pursuant to subsection 6 of NRS 377B.100.

      2.  In a county whose population is 100,000 or more but less than 400,000, must only be expended by the board of county commissioners in the manner set forth in the plan adopted pursuant to subsection 6 of NRS 377B.100 for:

      (a) The acquisition, establishment, construction or expansion of:

             (1) Projects for the management of floodplains or the prevention of floods; or

             (2) Facilities relating to public safety;

      (b) The payment of principal and interest on notes, bonds or other securities issued to provide money for the cost of projects described in paragraph (a);

      (c) The ongoing expenses of operation and maintenance of projects described in subparagraph (1) of paragraph (a), if such projects were included in a plan adopted by the board of county commissioners pursuant to subsection 6 of NRS 377B.100 before January 1, 2003; or


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2003 Statutes of Nevada, Page 1415 (Chapter 276, SB 490)

 

      [(c)] (d) Any combination of those purposes.

      3.  In a county whose population is less than 100,000, must only be expended by the board of county commissioners in the manner set forth in the plan adopted pursuant to subsection 6 of NRS 377B.100 for:

      (a) The acquisition, establishment, construction, improvement or equipping of:

             (1) Water facilities; or

             (2) Wastewater facilities;

      (b) The acquisition, establishment, construction or expansion of:

             (1) Projects for the management of floodplains or the prevention of floods; or

             (2) Facilities for the disposal of solid waste;

      (c) The construction or renovation of facilities for schools;

      (d) The payment of principal and interest on notes, bonds or other securities issued to provide money for the cost of projects described in paragraphs (a), (b) and (c); or

      (e) Any combination of those purposes.

      Sec. 2.  The Board of County Commissioners of Washoe County shall submit a report to the 73rd Session of the Nevada Legislature with regard to the progress that has been made by the County in completing any projects described in subparagraph (1) of paragraph (a) of subsection 2 of NRS 377B.160, including detailed information regarding the amount of money expended from the infrastructure fund pursuant to paragraph (c) of subsection 2 of NRS 377B.160, as amended by section 1 of this act.

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

________

 

CHAPTER 277, SB 351

Senate Bill No. 351–Committee on Human Resources and Facilities

 

CHAPTER 277

 

AN ACT relating to professions; declaring the practice of counseling problem gamblers to be a learned profession; changing the name of the Board of Examiners for Alcohol and Drug Abuse Counselors to the Board of Examiners for Alcohol, Drug and Gambling Counselors; increasing the number of members on the Board; requiring persons who counsel problem gamblers to be certified by the Board; imposing certain fees; authorizing the Board to adopt certain regulations; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 28, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 622.010 is hereby amended to read as follows:

      622.010  As used in this chapter, unless the context otherwise requires, “occupational licensing board” includes, without limitation:

      1.  The State Board of Architecture, Interior Design and Residential Design.


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2003 Statutes of Nevada, Page 1416 (Chapter 277, SB 351)

 

      2.  The State Board of Landscape Architecture.

      3.  The State Contractors’ Board.

      4.  The State Board of Professional Engineers and Land Surveyors.

      5.  The Board of Registered Environmental Health Specialists.

      6.  The Nevada State Board of Accountancy.

      7.  The Board of Medical Examiners.

      8.  The Board of Homeopathic Medical Examiners.

      9.  The Board of Dental Examiners of Nevada.

      10.  The State Board of Nursing.

      11.  The State Board of Osteopathic Medicine.

      12.  The Chiropractic Physicians’ Board of Nevada.

      13.  The State Board of Oriental Medicine.

      14.  The State Board of Podiatry.

      15.  The Nevada State Board of Optometry.

      16.  The Board of Dispensing Opticians.

      17.  The Board of Hearing Aid Specialists.

      18.  The Board of Examiners for Audiology and Speech Pathology.

      19.  The Nevada State Board of Veterinary Medical Examiners.

      20.  The State Board of Pharmacy.

      21.  The State Board of Physical Therapy Examiners.

      22.  The Board of Occupational Therapy.

      23.  The Board of Psychological Examiners.

      24.  The Board of Examiners for Marriage and Family Therapists.

      25.  The Board of Examiners for Social Workers.

      26.  The Board of Examiners for Alcohol [and Drug Abuse Counselors.] , Drug and Gambling Counselors.

      27.  The State Board of Funeral Directors, Embalmers and Operators of Cemeteries and Crematories.

      28.  The State Barbers’ Health and Sanitation Board.

      29.  The State Board of Cosmetology.

      30.  The Real Estate Division of the Department of Business and Industry.

      31.  The Commissioner of Financial Institutions.

      32.  The Private Investigator’s Licensing Board.

      33.  The Health Division of the Department of Human Resources.

      34.  The Nevada State Board of Examiners for Administrators of Facilities for Long-Term Care.

      35.  The Certified Court Reporters’ Board of Nevada.

      Sec. 2.  NRS 641.029 is hereby amended to read as follows:

      641.029  The provisions of this chapter do not apply to:

      1.  A physician who is licensed to practice in this state;

      2.  A person who is licensed to practice dentistry in this state;

      3.  A person who is licensed as a marriage and family therapist pursuant to chapter 641A of NRS;

      4.  A person who is licensed to engage in social work pursuant to chapter 641B of NRS;

      5.  A person who is licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;

      6.  A person who is licensed or certified as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern , a problem gambling counselor or a problem gambling counselor intern pursuant to chapter 641C of NRS; or


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2003 Statutes of Nevada, Page 1417 (Chapter 277, SB 351)

 

      7.  Any clergyman,

if such a person does not commit an act described in NRS 641.440 or represent himself as a psychologist.

      Sec. 3.  NRS 641B.040 is hereby amended to read as follows:

      641B.040  The provisions of this chapter do not apply to:

      1.  A physician who is licensed to practice in this state;

      2.  A nurse who is licensed to practice in this state;

      3.  A person who is licensed as a psychologist pursuant to chapter 641 of NRS;

      4.  A person who is licensed as a marriage and family therapist pursuant to chapter 641A of NRS;

      5.  A person who is licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;

      6.  A person who is licensed or certified as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern , a problem gambling counselor or a problem gambling counselor intern pursuant to chapter 641C of NRS;

      7.  Any clergyman;

      8.  A county welfare director;

      9.  Any person who may engage in social work or clinical social work in his regular governmental employment but does not hold himself out to the public as a social worker; or

      10.  A student of social work and any other person preparing for the profession of social work under the supervision of a qualified social worker in a training institution or facility recognized by the Board, unless the student or other person has been issued a provisional license pursuant to paragraph (b) of subsection 1 of NRS 641B.275. Such a student must be designated by the title “student of social work” or “trainee in social work,” or any other title which clearly indicates his training status.

      Sec. 4.  Chapter 641C of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 9, inclusive, of this act.

      Sec. 5.  “Practice of counseling problem gamblers” means the application of counseling to reduce or eliminate problem gambling.

      Sec. 6.  “Problem gambling” means persistent and recurrent maladaptive behavior relating to gambling that causes disruptions in any major area of life, including, without limitation, the psychological, social or vocational areas of life.

      Sec. 7.  The Board may issue a certificate as a problem gambling counselor to:

      1.  A person who:

      (a) Is not less than 21 years of age;

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      (c) Has received a bachelor’s degree, master’s degree or a doctoral degree from an accredited college or university in a field of social science approved by the Board;

      (d) Has completed not less than 60 hours of training specific to problem gambling approved by the Board;

      (e) Has completed at least 2,000 hours of supervised counseling of problem gamblers in a setting approved by the Board;

      (f) Passes the written examination prescribed by the Board pursuant to NRS 641C.290;


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2003 Statutes of Nevada, Page 1418 (Chapter 277, SB 351)

 

      (g) Presents himself when scheduled for an interview at a meeting of the Board;

      (h) Pays the fees required pursuant to NRS 641C.470; and

      (i) Submits the statement required pursuant to NRS 641C.280.

      2.  A person who:

      (a) Is not less than 21 years of age;

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      (c) Is licensed as:

             (1) A clinical social worker pursuant to chapter 641B of NRS;

             (2) A marriage and family therapist pursuant to chapter 641A of NRS;

             (3) A physician pursuant to chapter 630 of NRS;

             (4) A nurse pursuant to chapter 632 of NRS and has received a master’s degree or a doctoral degree from an accredited college or university;

             (5) A psychologist pursuant to chapter 641 of NRS; or

             (6) An alcohol and drug abuse counselor pursuant to this chapter;

      (d) Has completed not less than 60 hours of training specific to problem gambling approved by the Board;

      (e) Has completed at least 1,000 hours of supervised counseling of problem gamblers in a setting approved by the Board;

      (f) Passes the written examination prescribed by the Board pursuant to NRS 641C.290;

      (g) Pays the fees required pursuant to NRS 641C.470; and

      (h) Submits the statement required pursuant to NRS 641C.280.

      Sec. 8.  1.  A certificate as a problem gambling counselor is valid for 2 years and may be renewed.

      2.  A certified problem gambling counselor may:

      (a) Engage in the practice of counseling problem gamblers;

      (b) Assess and evaluate a person as a problem gambler; and

      (c) If approved by the Board, supervise certified problem gambling counseling interns.

      Sec. 9.  1.  The Board may issue a certificate as a problem gambling counselor intern to a person who:

      (a) Is not less than 21 years of age;

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      (c) Submits proof to the Board that he:

             (1) Has received a bachelor’s degree, master’s degree or a doctoral degree from an accredited college or university in a field of social science approved by the Board; or

             (2) Is enrolled in a program at an accredited college or university from which he will receive a bachelor’s degree, master’s degree or a doctoral degree in a field of social science approved by the Board;

      (d) Has completed not less than 30 hours of training specific to problem gambling approved by the Board;

      (e) Demonstrates that a certified problem gambling counselor approved by the Board has agreed to supervise him in a setting approved by the Board;

      (f) Pays the fees required pursuant to NRS 641C.470; and

      (g) Submits the statement required pursuant to NRS 641C.280.


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2003 Statutes of Nevada, Page 1419 (Chapter 277, SB 351)

 

      2.  A certificate as a problem gambling counselor intern is valid for 1 year and, except as otherwise provided in subsection 3, may be renewed.

      3.  A certificate as a problem gambling counselor intern issued to a person on the basis that he is enrolled in a program at an accredited college or university from which he will receive a bachelor’s degree, master’s degree or a doctoral degree in a field of social science approved by the Board may be renewed not more than nine times.

      4.  A certified problem gambling counselor intern may, under the supervision of a certified problem gambling counselor:

      (a) Engage in the practice of counseling problem gamblers; and

      (b) Assess and evaluate a person as a problem gambler.

      Sec. 10.  NRS 641C.010 is hereby amended to read as follows:

      641C.010  The practice of counseling alcohol and drug abusers [is] and the practice of counseling problem gamblers are hereby declared to be [a learned profession,] learned professions affecting public health, safety and welfare and [is] are subject to regulation to protect the public from the practice of counseling alcohol and drug abusers and the practice of counseling problem gamblers by unqualified persons and from unprofessional conduct by persons who are licensed or certified to engage in the practice of counseling alcohol and drug abusers [.] or certified to engage in the practice of counseling problem gamblers.

      Sec. 11.  NRS 641C.020 is hereby amended to read as follows:

      641C.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 641C.030 to 641C.100, inclusive, and sections 5 and 6 of this act have the meanings ascribed to them in those sections.

      Sec. 12.  NRS 641C.030 is hereby amended to read as follows:

      641C.030  “Board” means the Board of Examiners for Alcohol [and Drug Abuse] , Drug and Gambling Counselors.

      Sec. 13.  NRS 641C.040 is hereby amended to read as follows:

      641C.040  “Certificate” means a certificate issued to a person who is certified as an alcohol and drug abuse counselor , [or] an alcohol and drug abuse counselor intern [.] , a problem gambling counselor or a problem gambling counselor intern.

      Sec. 14.  NRS 641C.050 is hereby amended to read as follows:

      641C.050  “Certified counselor” means a person who is certified as an alcohol and drug abuse counselor or a problem gambling counselor pursuant to the provisions of this chapter.

      Sec. 15.  NRS 641C.060 is hereby amended to read as follows:

      641C.060  “Certified intern” means a person who is certified as an alcohol and drug abuse counselor intern or a problem gambling counselor intern pursuant to the provisions of this chapter.

      Sec. 16.  NRS 641C.130 is hereby amended to read as follows:

      641C.130  The provisions of this chapter do not apply to:

      1.  A physician who is licensed pursuant to the provisions of chapter 630 of NRS;

      2.  A nurse who is licensed pursuant to the provisions of chapter 632 of NRS and is authorized by the State Board of Nursing to engage in the practice of counseling alcohol and drug abusers [;] or the practice of counseling problem gamblers;

      3.  A psychologist who is licensed pursuant to the provisions of chapter 641 of NRS;


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2003 Statutes of Nevada, Page 1420 (Chapter 277, SB 351)

 

      4.  A marriage and family therapist who is licensed pursuant to the provisions of chapter 641A of NRS and is authorized by the Board of Examiners for Marriage and Family Therapists to engage in the practice of counseling alcohol and drug abusers [;] or the practice of counseling problem gamblers; or

      5.  A person who is licensed as a clinical social worker pursuant to the provisions of chapter 641B of NRS and is authorized by the Board of Examiners for Social Workers to engage in the practice of counseling alcohol and drug abusers [.] or the practice of counseling problem gamblers.

      Sec. 17.  NRS 641C.150 is hereby amended to read as follows:

      641C.150  1.  The Board of Examiners for Alcohol [and Drug Abuse] , Drug and Gambling Counselors, consisting of [five] seven members appointed by the Governor, is hereby created.

      2.  The Board must consist of:

      (a) Three members who are licensed as alcohol and drug abuse counselors pursuant to the provisions of this chapter;

      (b) One member who is certified as an alcohol and drug abuse counselor pursuant to the provisions of this chapter; [and]

      (c) Two members who are licensed pursuant to chapter 630, 632, 641, 641A or 641B of NRS and certified as problem gambling counselors pursuant to the provisions of this chapter; and

      (d) One member who is a representative of the general public.

      3.  A person may not be appointed to the Board unless he is:

      (a) A citizen of the United States or is lawfully entitled to remain and work in the United States; and

      (b) A resident of this state.

      4.  No member of the Board may be held liable in a civil action for any act that he performs in good faith in the execution of his duties pursuant to the provisions of this chapter.

      Sec. 18.  NRS 641C.200 is hereby amended to read as follows:

      641C.200  1.  The Board shall adopt such regulations as are necessary to carry out the provisions of this chapter, including, without limitation, regulations that prescribe:

      [1.] (a) The ethical standards for licensed and certified counselors and certified interns; and

      [2.] (b) The requirements for continuing education for the renewal, restoration or reinstatement of a license or certificate.

      2.  The Board may adopt regulations that prescribe:

      (a) The contents of a written examination concerning the practice of counseling problem gamblers;

      (b) The grounds for initiating disciplinary action against a certified problem gambling counselor or certified problem gambling counselor intern; and

      (c) Disciplinary procedures for certified problem gambling counselors and certified problem gambling counselor interns, including the suspension, revocation and reinstatement of a certificate as a problem gambling counselor or problem gambling counselor intern.

      Sec. 19.  NRS 641C.290 is hereby amended to read as follows:

      641C.290  1.  Each applicant for a license or certificate as an alcohol and drug abuse counselor must pass a written and oral examination concerning his knowledge of the practice of counseling alcohol and drug abusers, the applicable provisions of this chapter and any applicable regulations adopted by the Board pursuant to the provisions of this chapter.


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2003 Statutes of Nevada, Page 1421 (Chapter 277, SB 351)

 

abusers, the applicable provisions of this chapter and any applicable regulations adopted by the Board pursuant to the provisions of this chapter.

      2.  Each applicant for a certificate as a problem gambling counselor must pass a written examination concerning his knowledge of the practice of counseling problem gamblers, the applicable provisions of this chapter and any applicable regulations adopted by the Board pursuant to the provisions of this chapter.

      3.  The Board shall:

      (a) Examine applicants at least two times each year.

      (b) Establish the time and place for the examinations.

      (c) Provide such books and forms as may be necessary to conduct the examinations.

      (d) Establish, by regulation, the requirements for passing the examination.

      [3.] 4.  The Board may employ other persons to conduct the examinations.

      Sec. 20.  NRS 641C.450 is hereby amended to read as follows:

      641C.450  Except as otherwise provided in NRS 641C.320 [,] and section 9 of this act, a person may renew his license or certificate by submitting to the Board:

      1.  An application for the renewal of his license or certificate;

      2.  The fee for the renewal of a license or certificate prescribed in NRS 641C.470;

      3.  Evidence of his completion of the continuing education required by the Board;

      4.  If the applicant is a certified intern, the name of the licensed or certified counselor who supervises him; and

      5.  The statement required pursuant to NRS 641C.280.

      Sec. 21.  NRS 641C.470 is hereby amended to read as follows:

      641C.470  1.  The Board shall charge and collect not more than the following fees:

 

For the initial application for a license or certificate........................ $150

For the issuance of a provisional license or certificate....................... 125

For the issuance of an initial license or certificate................................. 60

For the renewal of a license or certificate as an alcohol and drug abuse counselor or a certificate as a problem gambling counselor............................................................................................. 300

For the renewal of a certificate as an alcohol and drug abuse counselor intern or a problem gambling counselor intern................................................................................................................. 75

For the renewal of a delinquent license or certificate........................... 75

For the restoration of an expired license or certificate....................... 150

For the restoration or reinstatement of a suspended or revoked license or certificate               300

For the issuance of a license or certificate without examination..... 150

For an examination.................................................................................. 150

 

      2.  The fees charged and collected pursuant to this section are not refundable.


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2003 Statutes of Nevada, Page 1422 (Chapter 277, SB 351)

 

      Sec. 22.  NRS 641C.900 is hereby amended to read as follows:

      641C.900  1.  Except as otherwise provided in subsection 2, a person shall not engage in the practice of counseling alcohol and drug abusers or the practice of counseling problem gamblers unless he is a licensed counselor, certified counselor or certified intern.

      2.  A person may engage in the practice of counseling alcohol and drug abusers under the supervision of a licensed counselor or the practice of counseling problem gamblers under the supervision of a certified counselor for not more than 30 days if that person:

      (a) Is qualified to be licensed or certified [as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern] pursuant to the provisions of this chapter; and

      (b) Submits an application to the Board for a license or certificate [as an alcohol and drug abuse counselor or a certificate as an alcohol and drug abuse counselor intern] pursuant to the provisions of this chapter.

      Sec. 23.  NRS 641C.910 is hereby amended to read as follows:

      641C.910  1.  A person shall not:

      (a) Hold himself out to [the] a member of the general public as an alcohol and drug abuse counselor , [or] alcohol and drug abuse counselor intern [;] , problem gambling counselor or problem gambling counselor intern;

      (b) Use the title “alcohol and drug abuse counselor,” “alcohol and drug abuse counselor intern,” “drug abuse counselor,” “substance abuse counselor [”] ,” “problem gambling counselor,” “problem gambling counselor intern,” “gambling counselor” or any similar title in connection with his work; or

      (c) Imply in any way that he is licensed or certified by the Board,

unless he is licensed or certified by the Board pursuant to the provisions of this chapter.

      2.  If the Board believes that any person has violated or is about to violate the provisions of subsection 1, it may bring an action in a court of competent jurisdiction to enjoin that person from engaging in or continuing the violation. An injunction:

      (a) May be issued without proof of actual damage sustained by any person.

      (b) Does not prevent the criminal prosecution and punishment of a person who violates the provisions of subsection 1.

      Sec. 24.  Section 7 of this act is hereby amended to read as follows:

      Sec. 7.  The Board may issue a certificate as a problem gambling counselor to:

      1.  A person who:

      (a) Is not less than 21 years of age;

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      (c) Has received a bachelor’s degree, master’s degree or a doctoral degree from an accredited college or university in a field of social science approved by the Board;

      (d) Has completed not less than 60 hours of training specific to problem gambling approved by the Board;

      (e) Has completed at least 2,000 hours of supervised counseling of problem gamblers in a setting approved by the Board;


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2003 Statutes of Nevada, Page 1423 (Chapter 277, SB 351)

 

      (f) Passes the written examination prescribed by the Board pursuant to NRS 641C.290;

      (g) Presents himself when scheduled for an interview at a meeting of the Board; and

      (h) Pays the fees required pursuant to NRS 641C.470 . [; and

      (i) Submits the statement required pursuant to NRS 641C.280.]

      2.  A person who:

      (a) Is not less than 21 years of age;

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      (c) Is licensed as:

             (1) A clinical social worker pursuant to chapter 641B of NRS;

             (2) A marriage and family therapist pursuant to chapter 641A of NRS;

             (3) A physician pursuant to chapter 630 of NRS;

             (4) A nurse pursuant to chapter 632 of NRS and has received a master’s degree or a doctoral degree from an accredited college or university;

             (5) A psychologist pursuant to chapter 641 of NRS; or

             (6) An alcohol and drug abuse counselor pursuant to this chapter;

      (d) Has completed not less than 60 hours of training specific to problem gambling approved by the Board;

      (e) Has completed at least 1,000 hours of supervised counseling of problem gamblers in a setting approved by the Board;

      (f) Passes the written examination prescribed by the Board pursuant to NRS 641C.290; and

      (g) Pays the fees required pursuant to NRS 641C.470 . [; and

      (h) Submits the statement required pursuant to NRS 641C.280.]

      Sec. 25.  Section 9 of this act is hereby amended to read as follows:

      Sec. 9.  1.  The Board may issue a certificate as a problem gambling counselor intern to a person who:

      (a) Is not less than 21 years of age;

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      (c) Submits proof to the Board that he:

             (1) Has received a bachelor’s degree, master’s degree or a doctoral degree from an accredited college or university in a field of social science approved by the Board; or

             (2) Is enrolled in a program at an accredited college or university from which he will receive a bachelor’s degree, master’s degree or a doctoral degree in a field of social science approved by the Board;

      (d) Has completed not less than 30 hours of training specific to problem gambling approved by the Board;

      (e) Demonstrates that a certified problem gambling counselor approved by the Board has agreed to supervise him in a setting approved by the Board; and

      (f) Pays the fees required pursuant to NRS 641C.470 . [; and

      (g) Submits the statement required pursuant to NRS 641C.280.]


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2003 Statutes of Nevada, Page 1424 (Chapter 277, SB 351)

 

      2.  A certificate as a problem gambling counselor intern is valid for 1 year and, except as otherwise provided in subsection 3, may be renewed.

      3.  A certificate as a problem gambling counselor intern issued to a person on the basis that he is enrolled in a program at an accredited college or university from which he will receive a bachelor’s degree, master’s degree or a doctoral degree in a field of social science approved by the Board may be renewed not more than nine times.

      4.  A certified problem gambling counselor intern may, under the supervision of a certified problem gambling counselor:

      (a) Engage in the practice of counseling problem gamblers; and

      (b) Assess and evaluate a person as a problem gambler.

      Sec. 26.  Notwithstanding the provisions of section 17 of this act, each problem gambling counselor who is appointed to the Board of Examiners for Alcohol, Drug and Gambling Counselors to an initial term must be eligible for a certificate as a problem gambling counselor but need not be certified pursuant to this chapter at the time he is appointed to the Board.

      Sec. 27.  As soon as practicable after January 1, 2004, the Governor shall appoint to the Board of Examiners for Alcohol, Drug and Gambling Counselors pursuant to paragraph (c) of subsection 2 of NRS 641C.150:

      1.  One member whose term expires on September 30, 2005.

      2.  One member whose term expires on September 30, 2007.

      Sec. 28.  1.  This section becomes effective upon passage and approval.

      2.  Sections 18 and 19 of this act become effective upon passage and approval for the purpose of adopting regulations and on January 1, 2004, for all other purposes.

      3.  Sections 1 to 17, inclusive, 20 to 23, inclusive, 26 and 27 of this act become effective on January 1, 2004.

      4.  Sections 24 and 25 of this act become effective on the date on which the provisions of 42 U.S.C. ง 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

are repealed by the Congress of the United States.

      5.  Sections 7, 9 and 20 of this act expire by limitation on the date on which the provisions of 42 U.S.C. ง 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

are repealed by the Congress of the United States.

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2003 Statutes of Nevada, Page 1425

 

CHAPTER 278, SB 482

Senate Bill No. 482–Committee on Transportation

 

CHAPTER 278

 

AN ACT relating to vehicles; providing that certain leases of motor vehicles or trailers do not constitute sales or create security interests under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 28, 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:

      Notwithstanding any specific statute to the contrary, the lease of a motor vehicle or trailer for use primarily in a trade or business of the lessee does not constitute a sale or create a security interest merely because the lease permits or requires that the rental price be adjusted upward or downward by reference to the amount realized by the lessor upon the sale or other disposition of the motor vehicle or trailer upon the termination of the lease.

________

 

CHAPTER 279, SB 174

Senate Bill No. 174–Committee on Government Affairs

 

CHAPTER 279

 

AN ACT relating to economic development; making various changes concerning the powers and duties of the Commission on Economic Development; and providing other matters properly relating thereto.

 

[Approved: May 28, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 231.064 is hereby amended to read as follows:

      231.064  In addition to its other duties, the Commission on Economic Development shall:

      1.  Investigate and study conditions affecting Nevada business, industry and commerce, and engage in technical studies, scientific investigations, statistical research and educational activities necessary or useful for the proper execution of the function of the Division of Economic Development in promoting and developing Nevada business, industry and commerce, both within and outside the State.

      2.  Conduct or encourage research designed to further new and more extensive uses of the natural and other resources of the State and designed to develop new products and industrial processes.


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2003 Statutes of Nevada, Page 1426 (Chapter 279, SB 174)

 

      3.  Serve as a center of public information for the State of Nevada by answering general inquiries concerning the resources and economic [, residential and recreational] advantages of this state and by furnishing information and data on these and related subjects.

      4.  Prepare , and [publish pamphlets and other descriptive] disseminate in any medium, informational material designed to promote community, economic and industrial development in Nevada . [, including a regularly revised industrial directory for the State.]

      5.  Plan and develop an effective service for business information, both for the direct assistance of business and industry of the State and for the encouragement of business and industry outside the State to use economic facilities within the State, including readily accessible information on state and local taxes, local zoning regulations and environmental standards, the availability and cost of real estate, labor, energy, transportation and occupational education and related subjects.

      Sec. 2.  NRS 231.067 is hereby amended to read as follows:

      231.067  The Commission on Economic Development shall:

      1.  Develop a state plan for industrial development and diversification.

      2.  [Promote,] Except as otherwise provided in this subsection, promote, encourage and aid the development of commercial, industrial, agricultural, mining and other vital economic interests of this state, except for travel and tourism . [, except that in] In a county whose population is less than 50,000, the county may include community development and the development of the nongaming recreation and tourism industry in its economic development efforts.

      3.  Identify sources of financing [and] to assist businesses and industries which wish to locate or expand in Nevada . [in obtaining financing.]

      4.  Provide and administer grants of money to political subdivisions of the State and to local or regional organizations for economic development to assist them in promoting the advantages of their communities , in expanding and retaining businesses in those communities and in recruiting businesses to [relocate in] those communities. Each recipient must provide an amount of money, at least equal to the grant, for the same purpose, except [,] in a county whose population is less than 50,000, the Commission may, if convinced that the recipient is financially unable to do so, provide such a grant with less than equal matching money provided by the recipient.

      5.  Encourage and assist state, county and city agencies in planning and preparing projects for community, economic [or] and industrial development and financing those projects with revenue bonds [.

      6.  Coordinate] or community development block grants.

      6.  Except as otherwise provided in this subsection, coordinate and assist the activities of counties, cities, local and regional organizations for economic development [and fair and recreation boards] in the State which affect economic and industrial development, except for travel and tourism . [, except that in] In a county whose population is less than 50,000, the county may include community development and the development of the nongaming recreation and tourism industry in its economic development efforts.

      7.  Arrange by cooperative agreements with local governments to serve as the single agency in the State where relocating or expanding businesses may obtain all required permits.


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2003 Statutes of Nevada, Page 1427 (Chapter 279, SB 174)

 

      8.  Promote close cooperation between public agencies and private persons who have an interest in industrial development and diversification in Nevada.

      9.  Organize and coordinate the activities of a group of volunteers which will aggressively select and recruit businesses and industries, especially small industries, to locate their offices and facilities in Nevada.

      10.  As used in this section, “community development block grant” means a grant administered or made available by the United States Department of Housing and Urban Development pursuant to 24 C.F.R. Part 570.

      Sec. 3.  This act becomes effective on July 1, 2003.

________

 

CHAPTER 280, AB 475

Assembly Bill No. 475–Committee on Ways and Means

 

CHAPTER 280

 

AN ACT relating to obligations of support for children; revising the procedure for enrolling a child in a plan of health insurance pursuant to a court order for support to comply with federal law; requiring premiums for such health insurance to be deducted from the wages of the parent; and providing other matters properly relating thereto.

 

[Approved: May 28, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 31A.350 is hereby amended to read as follows:

      31A.350  1.  If a court orders a parent to obtain health insurance for his child and the parent fails to [comply with the order,] enroll the child and provide written proof to the enforcing authority, the enforcing authority shall mail to the parent’s employer or labor organization by first-class mail, a notice requiring the employer or organization to enroll the child in the plan of health insurance provided for his employees or its members. [The notice must include:

      (a) The parent’s name and social security number;

      (b) A statement that the parent has been required by an order of the court to obtain and maintain health insurance for his child;

      (c) The name, date of birth and social security number for the child; and

      (d) A statement that any assistance needed to complete the enrollment of the child in a plan of health insurance may be obtained from the parents of the child and the enforcing authority.

      2.  Except as otherwise provided in subsection 6, no enforcing authority may mail or cause to be mailed a notice to enroll pursuant to subsection 1 unless:

      (a) The enforcing authority first notifies the parent by certified mail at his last known address of:

             (1) Its intent to seek enrollment of the child; and

             (2) The provisions of subsection 6; and

      (b) The parent fails, within 15 days after the notice is mailed, to provide written proof to the enforcing authority that:


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2003 Statutes of Nevada, Page 1428 (Chapter 280, AB 475)

 

             (1) The parent has enrolled the child in a plan of health insurance required by the order of the court; or

             (2) The coverage required by the order of the court was not available at a reasonable cost for more than 30 days before the date on which the notice was mailed.

      3.] The Welfare Division shall, by regulation, prescribe the content of the notice and establish procedures for providing the notice to ensure compliance with federal law.

      2.  Except as otherwise provided in this subsection, upon receipt of a notice to enroll, mailed pursuant to subsection 1, the employer or labor organization shall enroll the child named in the notice in the plan of health insurance provided for his employees or its members. The child must be enrolled without regard to any restrictions upon periods for enrollment. If more than one plan is offered by the employer or labor organization, and each plan may be extended to cover the child, the child must be enrolled in the parent’s plan. If the parent’s plan cannot be extended to cover the child, the child must be enrolled in [the plan with the least expensive option for providing] a plan that provides coverage for a dependent that is otherwise available to the parent, subject to the eligibility requirements of that plan. An employer, labor organization, health maintenance organization or other insurer is not required to enroll the child in a plan of health insurance if the child is not otherwise eligible to be enrolled in that plan. If the child is not eligible to be enrolled in the parent’s plan of health insurance, the employer or labor organization shall notify the enforcing authority.

      3.  The employer or labor organization shall transfer the notice to enroll to the administrator that provides coverage pursuant to the plan of health insurance for which the child is eligible within 20 business days after the date of the notice to enroll. The administrator shall fully complete and return the response form to the enforcing authority within 40 business days after the date of the notice.

      4.  After the child is enrolled in a plan of health insurance, the premiums required to be paid by the parent for the child’s coverage [may] must be deducted from the parent’s wages. If the parent’s wages are not sufficient to pay for those premiums, the employer or labor organization shall notify the enforcing authority. A parent may contest the withholding pursuant to NRS 31A.050.

      5.  A notice to enroll sent pursuant to subsection 1 has the same effect as an enrollment application signed by the parent. No employer or labor organization may refuse to enroll a child because a parent has not signed an enrollment application.

      6.  [If the enforcing authority:

      (a) Has complied with the requirements of subsection 2 regarding a parent; and

      (b) Subsequently determines that the parent:

             (1) Has another employer or belongs to another labor organization; and

             (2) Does not have the child enrolled in a plan of health insurance as required by the order of the court,

the enforcing authority shall, without again complying with the requirements of subsection 2, mail pursuant to subsection 1 a subsequent notice to enroll to the other employer or labor organization. Any employer or labor organization receiving such a notice shall notify the parent immediately of the receipt of that notice and comply with the provisions of this section unless, within 20 days after the notice was mailed to the employer or labor organization, the enforcing authority notifies the employer or labor organization that the parent has provided the enforcing authority with written proof that the parent has enrolled the child in a plan of health insurance required by the order of the court.


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2003 Statutes of Nevada, Page 1429 (Chapter 280, AB 475)

 

the receipt of that notice and comply with the provisions of this section unless, within 20 days after the notice was mailed to the employer or labor organization, the enforcing authority notifies the employer or labor organization that the parent has provided the enforcing authority with written proof that the parent has enrolled the child in a plan of health insurance required by the order of the court.

      7.]  An employer or labor organization shall, without liability to the parent, provide to the enforcing authority, upon request, information about the name of the insurer and the number of the parent’s policy of health insurance.

      [8.] 7.  The enforcing authority may withhold wages or other income and require withholding of state tax refunds whenever the responsible parent has received payment from the third party and not used the payment to reimburse the other parent or provider to the extent necessary to reimburse the Medicaid agency.

      [9.] 8.  The enforcing authority shall promptly notify the employer or labor organization when there is no longer a current order for medical support in effect for which the enforcing authority is responsible.

      9.  The employer shall notify the enforcing authority when the parent subject to the notice to enroll terminates his employment, and provide the last known address of the parent and the name of any new employer of the parent, if known.

      10.  If an employer or labor organization wrongfully refuses to enroll a child in a plan of health insurance as required in this section, or knowingly misrepresents that health insurance is not available, the employer or labor organization may be held liable for punitive damages and all unreimbursed medical expenses incurred during the period in which insurance was not in effect.

      11.  An employer, labor organization or enforcing authority who complies with a notice to enroll that is regular on its face may not be held liable in any civil action for any conduct taken in compliance with the notice.

      12.  The remedy provided by this section is in addition to, and is not a substitute for, any other remedy available for the enforcement of such an order.

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

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2003 Statutes of Nevada, Page 1430

 

CHAPTER 281, AB 130

Assembly Bill No. 130–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 281

 

AN ACT relating to the State Department of Agriculture; authorizing the Director of the State Department of Agriculture and the Department to impose and collect certain fees; making various changes to the program of medical marijuana administered by the Department; and providing other matters properly relating thereto.

 

[Approved: May 28, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 561.153 is hereby amended to read as follows:

      561.153  The Director may by regulation [adopt] :

      1.  Prescribe, in addition to any other fees prescribed by the Director pursuant to titles 49, 50 and 51 of NRS, a fee to cover the costs incurred by the Department for any service, product or publication provided by the Department pursuant to titles 49, 50 and 51 of NRS or the regulations adopted pursuant thereto; and

      2.  Adopt such procedures as he may deem appropriate for the billing or collection of such fees . [for any service or any publication or other product provided by the Department under Titles 49, 50 and 51 of NRS for which fees are collectible.]

      Sec. 2.  NRS 564.080 is hereby amended to read as follows:

      564.080  Except as otherwise provided in NRS 564.010 to 564.150, inclusive, the Department may establish and collect reasonable fees for:

      1.  The recording of brands or brands and marks;

      2.  The rerecording of brands or brands and marks;

      3.  The recording of instruments transferring ownership of brands or brands and marks; [or]

      4.  Certificates of recordation or rerecordation of brands or brands and marks [.] ; or

      5.  The processing and continuing administration of a security agreement, provisional assignment or legal lien relating to a brand or brand and mark or marks of record for purposes of NRS 564.110.

      Sec. 3.  NRS 453A.030 is hereby amended to read as follows:

      453A.030  “Attending physician” means a physician who:

      1.  Is licensed to practice [medicine] :

      (a) Medicine pursuant to the provisions of chapter 630 of NRS; or

      (b) Osteopathic medicine pursuant to the provisions of chapter 633 of NRS; and

      2.  Has [primary] responsibility for the care and treatment of a person diagnosed with a chronic or debilitating medical condition.

      Sec. 4.  NRS 453A.160 is hereby amended to read as follows:

      453A.160  1.  “Usable marijuana” means [the] :

      (a) The dried leaves and flowers of a plant of the genus Cannabis, and any mixture or preparation thereof, that are appropriate for the medical use of marijuana [.] ; and


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2003 Statutes of Nevada, Page 1431 (Chapter 281, AB 130)

 

      (b) The seeds of a plant of the genus Cannabis.

      2.  The term does not include the [seeds,] stalks and roots of the plant.

      Sec. 5.  NRS 453A.210 is hereby amended to read as follows:

      453A.210  1.  The Department shall establish and maintain a program for the issuance of registry identification cards to persons who meet the requirements of this section.

      2.  Except as otherwise provided in subsections 3 and 5, the Department or its designee shall issue a registry identification card to a person who is a resident of this state and who submits an application on a form prescribed by the Department accompanied by the following:

      (a) Valid, written documentation from the person’s attending physician stating that:

             (1) The person has been diagnosed with a chronic or debilitating medical condition;

             (2) The medical use of marijuana may mitigate the symptoms or effects of that condition; and

             (3) The attending physician has explained the possible risks and benefits of the medical use of marijuana;

      (b) The name, address, telephone number, social security number and date of birth of the person;

      (c) Proof satisfactory to the Department that the person is a resident of this state;

      (d) The name, address and telephone number of the person’s attending physician; and

      [(d)] (e) If the person elects to designate a primary caregiver at the time of application:

             (1) The name, address, telephone number and social security number of the designated primary caregiver; and

             (2) A written, signed statement from his attending physician in which the attending physician approves of the designation of the primary caregiver.

      3.  The Department or its designee shall issue a registry identification card to a person who is under 18 years of age if:

      (a) The person submits the materials required pursuant to subsection 2; and

      (b) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age signs a written statement setting forth that:

             (1) The attending physician of the person under 18 years of age has explained to that person and to the custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age the possible risks and benefits of the medical use of marijuana;

             (2) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age consents to the use of marijuana by the person under 18 years of age for medical purposes;

             (3) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age agrees to serve as the designated primary caregiver for the person under 18 years of age; and

             (4) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age agrees to control the acquisition of marijuana and the dosage and frequency of use by the person under 18 years of age.


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2003 Statutes of Nevada, Page 1432 (Chapter 281, AB 130)

 

      4.  The form prescribed by the Department to be used by a person applying for a registry identification card pursuant to this section must be a form that is in quintuplicate. Upon receipt of an application that is completed and submitted pursuant to this section, the Department shall:

      (a) Record on the application the date on which it was received;

      (b) Retain one copy of the application for the records of the Department; and

      (c) Distribute the other four copies of the application in the following manner:

             (1) One copy to the person who submitted the application;

             (2) One copy to the applicant’s designated primary caregiver, if any;

             (3) One copy to the Central Repository for Nevada Records of Criminal History; and

             (4) One copy to :

                   (I) If the attending physician of the applicant is licensed to practice medicine pursuant to the provisions of chapter 630 of NRS, the Board of Medical Examiners [.] ; or

                   (II) If the attending physician of the applicant is licensed to practice osteopathic medicine pursuant to the provisions of chapter 633 of NRS, the State Board of Osteopathic Medicine.

The Central Repository for Nevada Records of Criminal History shall report to the Department its findings as to the criminal history, if any, of an applicant within 15 days after receiving a copy of an application pursuant to subparagraph (3) of paragraph (c). The Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable, shall report to the Department its findings as to the licensure and standing of the applicant’s attending physician within 15 days after receiving a copy of an application pursuant to subparagraph (4) of paragraph (c).

      5.  The Department shall verify the information contained in an application submitted pursuant to this section and shall approve or deny an application within 30 days after receiving the application. The Department may contact an applicant, his attending physician and designated primary caregiver, if any, by telephone to determine that the information provided on or accompanying the application is accurate. The Department may deny an application only on the following grounds:

      (a) The applicant failed to provide the information required pursuant to subsections 2 and 3 to:

             (1) Establish his chronic or debilitating medical condition; or

             (2) Document his consultation with an attending physician regarding the medical use of marijuana in connection with that condition;

      (b) The applicant failed to comply with regulations adopted by the Department, including, without limitation, the regulations adopted by the Director pursuant to NRS 453A.740;

      (c) The Department determines that the information provided by the applicant was falsified;

      (d) The Department determines that the attending physician of the applicant is not licensed to practice medicine or osteopathic medicine in this state or is not in good standing, as reported by the Board of Medical Examiners [;] or the State Board of Osteopathic Medicine, as applicable;

      (e) The Department determines that the applicant, or his designated primary caregiver, if applicable, has been convicted of knowingly or intentionally selling a controlled substance;


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2003 Statutes of Nevada, Page 1433 (Chapter 281, AB 130)

 

      (f) The Department has prohibited the applicant from obtaining or using a registry identification card pursuant to subsection 2 of NRS 453A.300; or

      (g) In the case of a person under 18 years of age, the custodial parent or legal guardian with responsibility for health care decisions for the person has not signed the written statement required pursuant to paragraph (b) of subsection 3.

      6.  The decision of the Department to deny an application for a registry identification card is a final decision for the purposes of judicial review. Only the person whose application has been denied or, in the case of a person under 18 years of age whose application has been denied, the person’s parent or legal guardian, has standing to contest the determination of the Department. A judicial review authorized pursuant to this subsection must be limited to a determination of whether the denial was arbitrary, capricious or otherwise characterized by an abuse of discretion and must be conducted in accordance with the procedures set forth in chapter 233B of NRS for reviewing a final decision of an agency.

      7.  A person whose application has been denied may not reapply for 6 months after the date of the denial, unless the Department or a court of competent jurisdiction authorizes reapplication in a shorter time.

      8.  Except as otherwise provided in this subsection, if a person has applied for a registry identification card pursuant to this section and the Department has not yet approved or denied the application, the person, and his designated primary caregiver, if any, shall be deemed to hold a registry identification card upon the presentation to a law enforcement officer of the copy of the application provided to him pursuant to subsection 4. A person may not be deemed to hold a registry identification card for a period of more than 30 days after the date on which the Department received the application.

      9.  As used in this section, “resident” has the meaning ascribed to it in NRS 483.141.

      Sec. 6.  NRS 453A.250 is hereby amended to read as follows:

      453A.250  1.  If a person who applies to the Department for a registry identification card or to whom the Department or its designee has issued a registry identification card pursuant to paragraph (a) of subsection 1 of NRS 453A.220 desires to designate a primary caregiver, the person must:

      (a) To designate a primary caregiver at the time of application, submit to the Department the information required pursuant to paragraph [(d)] (e) of subsection 2 of NRS 453A.210; or

      (b) To designate a primary caregiver after the Department or its designee has issued a registry identification card to him, submit to the Department the information required pursuant to subparagraph (2) of paragraph (b) of subsection 1 of NRS 453A.230.

      2.  A person may have only one designated primary caregiver at any one time.

      3.  If a person designates a primary caregiver after the time that he initially applies for a registry identification card, the Department or its designee shall, except as otherwise provided in subsection 5 of NRS 453A.210, issue a registry identification card to the designated primary caregiver as soon as practicable after receiving the information submitted pursuant to paragraph (b) of subsection 1.


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      Sec. 7.  NRS 453A.500 is hereby amended to read as follows:

      453A.500  The Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable, shall not take any disciplinary action against an attending physician on the basis that the attending physician:

      1.  Advised a person whom the attending physician has diagnosed as having a chronic or debilitating medical condition, or a person whom the attending physician knows has been so diagnosed by another physician licensed to practice medicine pursuant to the provisions of chapter 630 of NRS [:] or licensed to practice osteopathic medicine pursuant to the provisions of chapter 633 of NRS:

      (a) About the possible risks and benefits of the medical use of marijuana; or

      (b) That the medical use of marijuana may mitigate the symptoms or effects of the person’s chronic or debilitating medical condition,

if the advice is based on the attending physician’s personal assessment of the person’s medical history and current medical condition.

      2.  Provided the written documentation required pursuant to paragraph (a) of subsection 2 of NRS 453A.210 for the issuance of a registry identification card or pursuant to subparagraph (1) of paragraph (b) of subsection 1 of NRS 453A.230 for the renewal of a registry identification card, if:

      (a) Such documentation is based on the attending physician’s personal assessment of the person’s medical history and current medical condition; and

      (b) The physician has advised the person about the possible risks and benefits of the medical use of marijuana.

      Sec. 8.  NRS 453A.740 is hereby amended to read as follows:

      453A.740  The Director of the Department shall adopt such regulations as the Director determines are necessary to carry out the provisions of this chapter. The regulations must set forth, without limitation:

      1.  Procedures pursuant to which the State Department of Agriculture will, in cooperation with the Department of Motor Vehicles, cause a registry identification card to be prepared and issued to a qualified person as a type of identification card described in NRS 483.810 to 483.890, inclusive. The procedures described in this subsection must provide that the State Department of Agriculture will:

      (a) Issue a registry identification card to a qualified person after the card has been prepared by the Department of Motor Vehicles; or

      (b) Designate the Department of Motor Vehicles to issue a registry identification card to a person if:

             (1) The person presents to the Department of Motor Vehicles valid documentation issued by the State Department of Agriculture indicating that the State Department of Agriculture has approved the issuance of a registry identification card to the person; and

             (2) The Department of Motor Vehicles, before issuing the registry identification card, confirms by telephone or other reliable means that the State Department of Agriculture has approved the issuance of a registry identification card to the person.

      2.  Criteria for determining whether a marijuana plant is a mature marijuana plant or an immature marijuana plant.

      3.  Fees for:


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      (a) Providing to an applicant an application for a registry identification card, which fee must not exceed $50; and

      (b) Processing and issuing a registry identification card, which fee must not exceed $150.

      Sec. 9.  NRS 633.521 is hereby amended to read as follows:

      633.521  An osteopathic physician is not subject to disciplinary action solely for [prescribing] :

      1.  Prescribing or administering to a patient under his care:

      [1.] (a) Amygdalin (laetrile), if the patient has consented to the use of the substance.

      [2.] (b) Procaine hydrochloride with preservatives and stabilizers (Gerovital H3).

      [3.] (c) A controlled substance which is listed in schedule II, III, IV or V by the State Board of Pharmacy pursuant to NRS 453.146, if the controlled substance is lawfully prescribed or administered for the treatment of intractable pain in accordance with accepted standards for the practice of osteopathic medicine.

      2.  Engaging in any activity in accordance with the provisions of chapter 453A of NRS.

      Sec. 10.  This act becomes effective on July 1, 2003.

________

 

CHAPTER 282, AB 217

Assembly Bill No. 217–Committee on Government Affairs

 

CHAPTER 282

 

AN ACT relating to State Government; authorizing state offices to establish an alternative schedule of operation; transferring the power or duty to adopt certain regulations from the Department of Personnel and the Director of the Department to the Personnel Commission; authorizing an employee to offset an overpayment of salary with annual leave; allowing the State Board of Examiners to delegate to its Clerk the authority to designate certain overpayments of salary as bad debts; repealing a duplicative provision regarding certain reports by appointing authorities; and providing other matters properly relating thereto.

 

[Approved: May 28, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 281.110 is hereby amended to read as follows:

      281.110  1.  [The] Unless required for the efficient transaction of business and the convenience of the persons with whom business is transacted, the offices of all state officers, departments, boards, commissions and agencies [shall:] must:

      (a) Maintain not less than a 40-hour workweek.

      (b) Be open for the transaction of business at least from 8 a.m. until 12 p.m. and from 1 p.m. until 5 p.m. every day of the year, with the exception of Saturdays, Sundays and legal holidays.


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      2.  Variable workweek scheduling may be required in those agencies where coverage is needed on Saturdays, Sundays and legal holidays [.

      2.] or on other days or during other hours, as necessary.

      3.  The offices of all state officers, departments, boards, commissions and agencies [shall] that are open on the days and during the hours set forth in paragraph (b) of subsection 1 must remain open during the noon hour of each [regular] working day if any such office has more than one person on its staff.

      Sec. 2.  NRS 284.015 is hereby amended to read as follows:

      284.015  As used in this chapter [:] , unless the context otherwise requires:

      1.  “Commission” means the Personnel Commission.

      2.  “Department” means the Department of Personnel.

      3.  “Director” means the Director of the Department.

      4.  “Disability,” includes, but is not limited to, physical disability, mental retardation and mental or emotional disorder.

      5.  “Essential functions” has the meaning ascribed to it in 29 C.F.R. ง 1630.2.

      6.  “Public service” means positions providing service for any office, department, board, commission, bureau, agency or institution in the Executive Department of the State Government operating by authority of the constitution or law, and supported in whole or in part by any public money, whether the money is received from the Government of the United States or any branch or agency thereof, or from private or any other sources.

      Sec. 3.  NRS 284.065 is hereby amended to read as follows:

      284.065  1.  The Commission has only such powers and duties as are authorized by law.

      2.  In addition to the powers and duties set forth elsewhere in this chapter, the Commission shall:

      (a) Advise the Director concerning the organization and administration of the Department.

      (b) Report to the Governor biennially on all matters which the Commission may deem pertinent to the Department and concerning any specific matters previously requested by the Governor.

      (c) Advise and make recommendations to the Governor or the Legislature relative to the personnel policy of the State.

      (d) [Advise the Director with respect to the preparation and adoption of] Adopt regulations to carry out the provisions of this chapter.

      (e) Foster the interest of institutions of learning and of civic, professional and employee organizations in the improvement of personnel standards in the state service.

      (f) Review decisions of the Director in contested cases involving the classification or allocation of particular positions.

      (g) Exercise any other advisory powers necessary or reasonably implied within the provisions and purposes of this chapter.

      Sec. 4.  NRS 284.105 is hereby amended to read as follows:

      284.105  1.  The Director shall direct and supervise all administrative and technical activities of the Department.

      2.  In addition to the duties imposed upon him elsewhere in this chapter, the Director shall:

      (a) Apply and carry out the provisions of this chapter and the regulations adopted [under] pursuant to it.


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      (b) Establish objectives for the Department in terms which are specific, measurable and conducive to reliable evaluation, and develop a plan for accomplishing those objectives.

      (c) Establish a system of appropriate policies for each function within the Department.

      (d) Attend all meetings of the Commission.

      (e) Advise the Commission with respect to the preparation and adoption of regulations to carry out the provisions of this chapter.

      (f) Report to the Governor and the Commission upon all matters concerning the administration of his office [,] and request the advice of the Commission on matters concerning the policies of the Department , [;] but the Director is responsible for the conduct of the Department and its administrative functions unless otherwise provided by law.

      [(f)] (g) Establish and maintain a roster of all employees in the public service. The roster must set forth, as to each employee:

             (1) The class title of the position held.

             (2) The salary or pay.

             (3) Any change in class title, pay or status.

             (4) Other pertinent data.

      [(g)] (h) In cooperation with appointing authorities and others, foster and develop programs for improving the effectiveness and morale of employees, including training and procedures for hearing and adjusting grievances.

      [(h)] (i) Encourage and exercise leadership in the development of effective personnel administration within the several departments in the public service, and make available the facilities and services of the Department and its employees to this end.

      [(i)] (j) Make to the Commission and to the Governor a biennial report regarding the work of the Department and such special reports as he may consider desirable.

      [(j)] (k) Maintain a continuous program of recruiting for the [public] classified service.

      [(k)] (l) Perform any other lawful acts which he may consider necessary or desirable to carry out the purposes and provisions of this chapter.

      Sec. 5.  NRS 284.121 is hereby amended to read as follows:

      284.121  Each appointing authority shall report to the Director in writing, from time to time, [upon the date of the official action in, or knowledge of, any] any appointment, transfer, separation, suspension [or reinstatement of a person in the public service,] , reinstatement or any reduction or other change to a position in the public service. The report must contain:

      1.  The name of the appointee or employee.

      2.  The title and status of his employment.

      3.  The date of commencement of the action.

      4.  The salary or compensation of the appointee or employee.

      Sec. 6.  NRS 284.135 is hereby amended to read as follows:

      284.135  1.  Subject to regulations [prescribed] adopted by the [Director,] Commission, the services and facilities of the Department and its employees are available upon request to political subdivisions of the State.

      2.  In making the services and facilities of the Department and its employees available, it must be understood that:


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      (a) Requirements for the enforcement and administration of the provisions of this chapter must be given precedence; and

      (b) The political subdivisions shall reimburse the Department for the reasonable cost of those services and facilities.

      Sec. 7.  NRS 284.150 is hereby amended to read as follows:

      284.150  1.  The classified service of the State of Nevada is comprised of all positions in the public service now existing or hereafter created which are [not included in the unclassified service, and which provide services for any office, department, board, commission, bureau, agency or institution in the Executive Department of the State Government operating by authority of the Constitution or law and supported in whole or in part by any public money, whether the money is received from the Government of the United States or any branch or agency thereof, or from private or any other sources.

      2.  Appointments] :

      (a) Lawfully designated as being in the classified service [must be made] ; and

      (b) Filled according to merit and fitness from eligible lists prepared upon the basis of examination, which must be open and competitive, except as otherwise provided in this chapter and NRS 209.161.

      [3.] 2.  Except as otherwise provided in NRS 193.105, 209.161 and 416.070, a person must not be appointed, transferred, promoted, demoted or discharged [as an officer, clerk, employee or laborer] in the classified service in any manner or by any means other than those prescribed in this chapter and the regulations adopted in accordance therewith.

      [4.] 3.  A person must not be discriminated against on account of his religious opinions or affiliations, race, sex, age or disability.

      Sec. 8.  NRS 284.155 is hereby amended to read as follows:

      284.155  1.  The [Director] Commission shall adopt a code of regulations for the classified service . [which must be approved by the Commission.]

      2.  The code must include regulations concerning certifications and appointments for:

      (a) Positions in classes having a maximum salary of $12,500 or less as of December 31, 1980, where the regular procedures for examination and certification are impracticable; and

      (b) Classes where applicants for promotion are not normally available.

These regulations may be different from the regulations concerning certifications and appointments for other positions in the classified service.

      Sec. 9.  NRS 284.175 is hereby amended to read as follows:

      284.175  1.  After consultation with appointing authorities and state fiscal officers, [and after a public hearing and approval by the Commission,] the Director shall [prescribe regulations for] prepare a pay plan for all employees in the classified service.

      2.  The pay plan and its amendments become effective only after approval by [the Commission and] the Governor.

      3.  The [Director shall prepare a] pay plan [and] must include, without limitation, ranges for each class, grade or group of positions in the classified service. Each employee in the classified service must be paid at one of the rates set forth in the pay plan for the class of position in which he is employed and at such time as necessary money is made available for the payment.


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      4.  The [Director shall prescribe regulations that provide for progression through the rate ranges based on merit and fitness alone. The regulations become effective upon the approval of the Commission.

      5.  In making] Commission shall adopt regulations to carry out the pay plan.

      5.  The Director may make recommendations to the Legislature during regular legislative sessions concerning salaries for the classified service of the State . [,] In making such recommendations, the Director shall consider factors such as:

      (a) Surveys of salaries of comparable jobs in government and private industry within the State of Nevada and western states, where appropriate;

      (b) Changes in the cost of living;

      (c) The rate of turnover and difficulty of recruitment for particular positions; and

      (d) Maintaining an equitable relationship among classifications.

      Sec. 10.  NRS 284.180 is hereby amended to read as follows:

      284.180  1.  The Legislature declares that since uniform salary and wage rates and classifications are necessary for an effective and efficient personnel system, the pay plan must set the official rates applicable to all positions in the classified service, but the establishment of the pay plan in no way limits the authority of the Legislature relative to budgeted appropriations for salary and wage expenditures.

      2.  Credit for overtime work directed or approved by the head of an agency or his representative must be earned at the rate of time and one-half, except for those employees described in NRS 284.148.

      3.  Except as otherwise provided in subsections 4, 6, 7 and 9, overtime is considered time worked in excess of:

      (a) Eight hours in 1 calendar day;

      (b) Eight hours in any 16-hour period; or

      (c) A 40-hour week.

      4.  Firemen who choose and are approved for a 24-hour shift shall be deemed to work an average of 56 hours per week and 2,912 hours per year, regardless of the actual number of hours worked or on paid leave during any biweekly pay period. A fireman so assigned is entitled to receive 1/26 of his annual salary for each biweekly pay period. In addition, overtime must be considered time worked in excess of:

      (a) Twenty-four hours in one scheduled shift; or

      (b) Fifty-three hours average per week during one work period for those hours worked or on paid leave.

The appointing authority shall designate annually the length of the work period to be used in determining the work schedules for such firemen. In addition to the regular amount paid such a fireman for the deemed average of 56 hours per week, he is entitled to payment for the hours which comprise the difference between the 56-hour average and the overtime threshold of 53 hours average at a rate which will result in the equivalent of overtime payment for those hours.

      5.  The [Director, with the approval of the Commission,] Commission shall adopt regulations to carry out the provisions of subsection 4.

      6.  For employees who choose and are approved for a variable workday, overtime will be considered only after working 40 hours in 1 week.

      7.  Employees who are eligible under the Fair Labor Standards Act of 1938, 29 U.S.C. งง 201 et seq., to work a variable 80-hour work schedule within a biweekly pay period and who choose and are approved for such a work schedule will be considered eligible for overtime only after working 80 hours biweekly, except those eligible employees who are approved for overtime in excess of one scheduled shift of 8 or more hours per day.


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within a biweekly pay period and who choose and are approved for such a work schedule will be considered eligible for overtime only after working 80 hours biweekly, except those eligible employees who are approved for overtime in excess of one scheduled shift of 8 or more hours per day.

      8.  An agency may experiment with innovative workweeks upon the approval of the head of the agency and after majority consent of the affected employees. The affected employees are eligible for overtime only after working 40 hours in a workweek.

      9.  This section does not supersede or conflict with existing contracts of employment for employees hired to work 24 hours a day in a home setting. Any future classification in which an employee will be required to work 24 hours a day in a home setting must be approved in advance by the Commission.

      10.  All overtime must be approved in advance by the appointing authority or his designee. No officer or employee, other than a director of a department or the chairman of a board, commission or similar body, may authorize overtime for himself. The chairman of a board, commission or similar body must approve in advance all overtime worked by members of the board, commission or similar body.

      11.  The Budget Division of the Department of Administration shall review all overtime worked by employees of the Executive Department to ensure that overtime is held to a minimum. The Budget Division shall report quarterly to the State Board of Examiners the amount of overtime worked in the quarter within the various agencies of the State.

      Sec. 11.  NRS 284.205 is hereby amended to read as follows:

      284.205  The [Director shall prescribe] Commission shall adopt regulations for open competitive examinations to test the relative fitness of applicants for the respective positions.

      Sec. 12.  NRS 284.210 is hereby amended to read as follows:

      284.210  1.  All competitive examinations for positions in the classified service must:

      (a) Relate to those matters which fairly test the capacity and fitness of the persons examined to perform in an efficient manner the duties of the class in which employment is sought.

      (b) Be open to all applicants who meet the reasonable standards or requirements fixed by the Director with regard to experience, character, age, education, physical condition and any other factors relating to the ability of the applicants to perform the duties of the position with reasonable efficiency.

      2.  An examination may consist of:

      (a) An evaluation of the applicant’s training and experience;

      (b) A written examination;

      (c) An oral examination;

      (d) An evaluation of the applicant’s performance, such as the ability to operate successfully certain equipment; or

      (e) Any combination of paragraphs (a) to (d), inclusive.

      3.  An examination may be conducted by using a center for assessment as defined by regulations adopted by the [Director.] Commission. An employee of the department for which an examination is being held may not serve on the panel or score the examination.

      4.  An oral examination given pursuant to this section must be:


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      (a) Except as otherwise provided in subsection 5, conducted by a panel of which no more than one-third of the members are employed by the department in which a vacancy exists for the position for which the examination is given.

      (b) Recorded and maintained by the department for:

             (1) Not less than 2 years after the date of the examination; or

             (2) Until the final disposition of a charge of discrimination,

whichever is longer, and must be available to an affected person upon request.

      5.  Employees of the department in which a vacancy exists may comprise more than one-third of the members of the panel if:

      (a) A member who is not such an employee is unable to serve on the panel because of illness or an emergency;

      (b) The department has more than 1,000 employees; and

      (c) The department has two or more divisions that administer separate and diverse programs and the employees of the department on the panel are not employed by the same division.

      Sec. 13.  NRS 284.240 is hereby amended to read as follows:

      284.240  The Director may refuse to examine an applicant or, after examination, may refuse to certify an eligible person who : [comes under any of the following categories:]

      1.  Lacks any of the preliminary requirements established for the examination for the position or employment for which he applies.

      2.  [Is addicted to the use of habit-forming drugs.

      3.  Is an habitual user of intoxicating liquors to excess.

      4.] Submitted to a screening test administered pursuant to NRS 284.4066, the results of which indicated the presence of a controlled substance, and the person did not provide the proof required by NRS 284.4066.

      3.  Has been guilty of any crime involving moral turpitude or of infamous or notoriously disgraceful conduct.

      [5.] 4.  Has been dismissed from the public service for delinquency or misconduct.

      [6.] 5.  Has made a false statement of any material fact.

      [7.] 6.  Has, directly or indirectly, given, rendered or paid, or promised to give, render or pay, any money, service or other valuable thing to any person for, or on account of [,] or in connection with, his examination [,] appointment or proposed appointment.

      [8.] 7.  Has practiced, or attempted to practice, any deception or fraud in his application, in his certificate, in his examination, or in securing his eligibility or appointment.

      Sec. 14.  NRS 284.250 is hereby amended to read as follows:

      284.250  1.  The [Director shall prescribe] Commission shall adopt regulations for the establishment of eligible lists for appointment and promotion which must contain the names of successful applicants in the order of their relative excellence in the respective examinations.

      2.  The term of eligibility of applicants on such lists is 1 year, but the term may be extended by the Director to a maximum of 3 years.

      Sec. 15.  NRS 284.290 is hereby amended to read as follows:

      284.290  1.  All original competitive appointments to and promotions within the classified service must be for a fixed probationary period of 6 months, except that a longer period not exceeding 1 year may be established for classes of positions in which the nature of the work requires a longer period for proper evaluation of performance.


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for classes of positions in which the nature of the work requires a longer period for proper evaluation of performance.

      2.  Dismissals or demotions may be made at any time during the probationary period in accordance with regulations [established] adopted by the [Director.] Commission.

      3.  Before the end of the probationary period and in accordance with regulations [established] adopted by the [Director,] Commission, the appointing authority shall notify the Director in writing whether or not the probationer is a satisfactory employee and should receive the status of a permanent appointee.

      Sec. 16.  NRS 284.295 is hereby amended to read as follows:

      284.295  1.  Vacancies in positions must be filled, so far as practicable, by promotion within a department or agency from among persons holding positions in the classified service. Promotions must be based upon merit and fitness, to be ascertained in accordance with regulations [established] adopted by the [Director.] Commission. In such regulations , the employee’s efficiency, character, conduct and length of service must all constitute factors. For the purposes of this subsection, a person employed by the Legislative Branch of Government pursuant to subsection 5 of NRS 284.3775 shall be deemed to hold the position he held before the legislative session.

      2.  Eligibility for promotion must be determined on recommendation of the appointing authority and certification by the Director that the employee meets the minimum requirements and demonstrates his qualifications in accordance with regulations [established] adopted by the [Director.] Commission.

      3.  The Director may provide, in specific cases, for competitive promotional examinations among employees of departments other than that in which a particular vacancy in a higher classification may exist.

      4.  An advancement in rank or grade or an increase in salary beyond the maximum fixed for the class constitutes a promotion.

      Sec. 17.  NRS 284.305 is hereby amended to read as follows:

      284.305  1.  Except as otherwise provided in subsection 2, positions in the classified service may be filled without competition only as provided in NRS 284.155, 284.307, 284.309, 284.310, 284.315, 284.320, 284.325, 284.327, 284.330, 284.375 and 284.3775.

      2.  The [Director] Commission may adopt regulations which provide for filling positions in the classified service without competition in cases involving:

      (a) The demotion of a current employee;

      (b) The reemployment of a current or former employee who was or will be adversely affected by layoff, military service, reclassification or a permanent partial disability arising out of and in the course of his employment; or

      (c) The reappointment of a current employee.

      Sec. 18.  NRS 284.317 is hereby amended to read as follows:

      284.317  [In order to further the efforts of the State of Nevada toward alleviating the problems of persons with disabilities, full] Full consideration must be given to the employment of a person with a disability for a position if he is capable of [meeting the necessary performance requirements] performing the essential functions of the position with or without reasonable accommodations.


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      Sec. 19.  NRS 284.325 is hereby amended to read as follows:

      284.325  1.  The [Director] Commission shall adopt regulations not inconsistent with this section for the certification of qualified persons for temporary service.

      2.  Except as otherwise provided in subsection 3, temporary positions which occur, terminate or recur periodically must be filled by certification in accordance with the regulations [established] adopted by the [Director.] Commission.

      3.  An agency may appoint persons temporarily for less than 160 cumulative hours during any calendar year without regard to the regulations adopted by the [Director] Commission pursuant to subsection 1.

      4.  The limitation on hours set forth in subsection 3 does not apply to temporary or part-time service by:

      (a) A pupil attending his last 2 years of high school;

      (b) A student employed by the college or university he attends;

      (c) A person certified for temporary service in accordance with NRS 284.327;

      (d) An employee of an events center, museum or research center of the University and Community College System of Nevada;

      (e) A person employed by the University and Community College System of Nevada in a temporary position which recurs periodically for the registration of students; or

      (f) A person employed by the University and Community College System of Nevada to provide such assistance to a student with a disability or to a student with an identified academic disadvantage as it determines is necessary for the academic success of the student, including, without limitation, a person employed as a tutor, note taker, reader, sign interpreter or test proctor.

      5.  The acceptance or refusal by an eligible person of a temporary appointment does not affect his standing on the register for permanent employment, nor may the period of temporary service be counted as part of the probationary period in case of subsequent appointment to a permanent position.

      6.  Successive temporary appointments to the same position must not be made under this section.

      7.  As used in this section, “student with an identified academic disadvantage” includes, without limitation, a student who the University and Community College System of Nevada has determined requires the services of a tutor for success in a course of study.

      Sec. 20.  NRS 284.327 is hereby amended to read as follows:

      284.327  1.  To assist persons with disabilities certified by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation, appointing authorities are encouraged and authorized to make temporary limited appointments of certified persons with disabilities for a period not to exceed 700 hours notwithstanding that the positions so filled are continuing positions. A person with a disability who is certified by the Rehabilitation Division must be placed on the appropriate list for which he is eligible. Each such person must possess the training and experience necessary for the position for which he is certified. The Rehabilitation Division must be notified of an appointing authority’s request for a list of eligibility on which the names of one or more certified persons with disabilities appear. A temporary limited appointment of a certified person with a disability pursuant to this section constitutes the person’s examination as required by NRS 284.215.


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with a disability pursuant to this section constitutes the person’s examination as required by NRS 284.215.

      2.  The [Director] Commission shall adopt regulations to carry out the provisions of subsection 1.

      3.  This section does not deter or prevent appointing authorities from employing:

      (a) A person with a disability if he is available and eligible for permanent employment.

      (b) A person with a disability who is employed pursuant to the provisions of subsection 1 in permanent employment if he qualifies for permanent employment before the termination of his temporary limited appointment.

      4.  If a person appointed pursuant to this section is subsequently appointed to a permanent position during or after the 700-hour period, the 700 hours or portion thereof counts toward the employee’s probationary period.

      Sec. 21.  NRS 284.335 is hereby amended to read as follows:

      284.335  1.  The appointing authorities and other supervising officers of the various state departments, agencies and institutions, after consultation with the Director, shall establish standards of work performance for each class of positions. Each appointing authority shall provide each of its employees with a copy of the standards for his position.

      2.  The Director shall [:

      (a) Maintain] maintain service records of performance efficiency, character and conduct by a system of service ratings based upon those standards.

      [(b) Establish]

      3.  The Commission shall adopt regulations with respect to service ratings, and prescribe the extent to which service ratings must be considered in determining the advisability of transfers, the promotion of an employee to a higher class, the question of demotion or dismissal of any employee, increases and decreases in salary of an employee within the salary range established under this chapter, and in all other decisions relating to the status of employees.

      [3.  The Director]

      4.  The Commission may, by regulation, further prescribe the extent to which the service ratings, and the reports upon which they are based, are open to inspection.

      Sec. 22.  NRS 284.340 is hereby amended to read as follows:

      284.340  Each appointing authority shall:

      1.  Report to the Director, in writing, the efficiency of his subordinates and employees, and other information, in such manner as the [Director] Commission may prescribe by regulation.

      2.  File reports with the Director on the performance, during the probationary period, of each of his employees who holds a position in the classified service. A report must be filed at the end of the 2nd and 5th months of employment if the probationary period is 6 months, or at the end of the 3rd, 7th and 11th months of employment if the probationary period is 12 months.

      3.  File a report annually with the Director on the performance of each of his employees who holds a position in the classified service and has attained permanent status. The report must be filed at the end of the 12th month next following the attainment of permanent status, and at the end of every 12th month thereafter.


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month next following the attainment of permanent status, and at the end of every 12th month thereafter. If the report is not filed on or before the required date, the performance of the employee shall be deemed to be standard.

      4.  If any report he files with the Director on the performance of an employee who holds a position in the classified service includes a rating of substandard, file with the Director an additional report on the performance of the employee at least every 90 days until the performance improves to standard or until any disciplinary action is taken.

      5.  Provide the employee with a copy of each report filed.

      Sec. 23.  NRS 284.343 is hereby amended to read as follows:

      284.343  1.  [After] Except as otherwise provided in this subsection, after consultation with appointing authorities, and in cooperation with the State Board of Examiners, the [Director shall prescribe] Commission shall adopt regulations for all training of employees in the state service. Professional employees of the teaching staff, Agricultural Extension Service and Nevada Agricultural Experiment Station staffs of the University and Community College System of Nevada, or any other state institution of learning and student employees of such an institution are exempt from the provisions of this section.

      2.  The regulations [so prescribed] adopted pursuant to subsection 1 must set forth the conditions under which educational leave stipends may be paid to any officer or employee of the State. Except as otherwise provided in NRS 612.230 and with the exception of intermittent course work not leading to the awarding of a degree, no person may be granted educational leave stipends until he has entered into a contract with his employing agency whereby he agrees to pursue only those courses required for a degree related to his employment with the State and to return to the employ of his employing agency on the basis of 1 year for each 9 months of educational leave taken or to refund the total amount of the stipends regardless of the balance at the time of separation.

      3.  This section does not prevent the granting of sabbatical leaves by the Board of Regents of the University of Nevada.

      4.  Where practicable , all training for state employees must be presented through established educational institutions within the State.

      5.  The Department shall coordinate all training activities related to remedial programs and programs for career development designed to correct educational and training deficiencies of state employees and create employment opportunities for the disadvantaged. In connection with these activities , the Department, with the approval of the Governor, is designated to enter into contractual arrangements with the Federal Government and others that provide grants or other money for educational and training activities.

      Sec. 24.  NRS 284.345 is hereby amended to read as follows:

      284.345  1.  Except as otherwise provided in subsection 2, the [Director shall prescribe] Commission shall adopt regulations for attendance and [leaves] leave with or without pay or reduced pay in the various classes of positions in the public service.

      2.  The Board of Regents of the University of Nevada shall [prescribe] adopt regulations for attendance and for leave with or without pay or with reduced pay, sabbatical leave, sick leave, emergency leave, annual leave, terminal leave, military leave and such other leave as the Board of Regents determines to be necessary or desirable for officers and members of the faculty of the University and Community College System of Nevada.


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determines to be necessary or desirable for officers and members of the faculty of the University and Community College System of Nevada. Sabbatical leave with pay may not be granted to more than 2 percent of the teaching personnel of a branch or facility of the System the rank of instructor or higher in any 1 year. No sabbatical leave with pay may be granted unless the person requesting the leave agrees in writing with the branch or facility to return to the branch or facility after the leave for a period not less than that required by his most recent contract of employment if the University and Community College System of Nevada desires his continued service.

      Sec. 25.  NRS 284.350 is hereby amended to read as follows:

      284.350  1.  Except as otherwise provided in subsections 2, 3 and 4, an employee in the public service, whether in the classified or unclassified service, is entitled to annual leave with pay of 1 1/4 working days for each month of continuous public service. The annual leave may be cumulative from year to year not to exceed 30 working days. The [Department] Commission may by regulation provide for additional annual leave for long-term employees and for prorated annual leave for part-time employees.

      2.  Except as otherwise provided in this subsection, any annual leave in excess of 30 working days must be used before January 1 of the year following the year in which the annual leave in excess of 30 working days is accumulated or the amount of annual leave in excess of 30 working days is forfeited on that date. If an employee:

      (a) On or before October 15, requests permission to take annual leave; and

      (b) His request for leave is denied in writing for any reason,

he is entitled to payment for any annual leave in excess of 30 working days which he requested to take and which he would otherwise forfeit as the result of the denial of his request, unless the employee has final authority to approve use of his own accrued leave and he received payment pursuant to this subsection for any unused annual leave in excess of 30 working days accumulated during the immediately preceding calendar year. The payment for the employee’s unused annual leave must be made to him not later than January 31.

      3.  Officers and members of the faculty of the University and Community College System of Nevada are entitled to annual leave as provided by the regulations [prescribed] adopted pursuant to subsection 2 of NRS 284.345.

      4.  The [Director] Commission shall establish by regulation a schedule for the accrual of annual leave for employees who regularly work more than 40 hours per week or 80 hours biweekly. The schedule must provide for the accrual of annual leave at the same rate proportionately as employees who work a 40-hour week accrue annual leave.

      5.  No elected state officer may be paid for accumulated annual leave upon termination of his service.

      6.  During the first 6 months of employment of any employee in the public service, annual leave accrues as provided in subsection 1, but no annual leave may be taken during that period.

      7.  No employee in the public service may be paid for accumulated annual leave upon termination of employment unless he has been employed for 6 months or more.

      8.  Upon the request of an employee, the appointing authority of the employee may approve the reduction or satisfaction of an overpayment of the salary of the employee that was not obtained by the fraud or willful misrepresentation of the employee with a corresponding amount of the accrued annual leave of the employee.


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the salary of the employee that was not obtained by the fraud or willful misrepresentation of the employee with a corresponding amount of the accrued annual leave of the employee.

      Sec. 26.  NRS 284.355 is hereby amended to read as follows:

      284.355  1.  Except as otherwise provided in this section, all employees in the public service, whether in the classified or unclassified service, are entitled to sick and disability leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year. After an employee has accumulated 90 working days of sick leave, the amount of additional unused sick leave which he is entitled to carry forward from 1 year to the next is limited to one-half of the unused sick leave accrued during that year, but the [Department] Commission may by regulation provide for subsequent use of unused sick leave accrued but not carried forward because of this limitation in cases where the employee is suffering from a long-term or chronic illness and has used all sick leave otherwise available to him.

      2.  Upon the retirement of an employee, his termination through no fault of his own or his death while in public employment, the employee or his beneficiaries are entitled to payment:

      (a) For his unused sick leave in excess of 30 days, exclusive of any unused sick leave accrued but not carried forward, according to his number of years of public service, except service with a political subdivision of the State, as follows:

             (1) For 10 years of service or more but less than 15 years, not more than $2,500.

             (2) For 15 years of service or more but less than 20 years, not more than $4,000.

             (3) For 20 years of service or more but less than 25 years, not more than $6,000.

             (4) For 25 years of service, not more than $8,000.

      (b) For his unused sick leave accrued but not carried forward, an amount equal to one-half of the sum of:

             (1) His hours of unused sick leave accrued but not carried forward; and

             (2) An additional 120 hours.

      3.  The [Department] Commission may by regulation provide for additional sick and disability leave for long-term employees and for prorated sick and disability leave for part-time employees.

      4.  An employee entitled to payment for unused sick leave pursuant to subsection 2 may elect to receive the payment in any one or more of the following forms:

      (a) A lump-sum payment.

      (b) An advanced payment of the premiums or contributions for insurance coverage for which he is otherwise eligible pursuant to chapter 287 of NRS. If the insurance coverage is terminated and the money advanced for premiums or contributions pursuant to this subsection exceeds the amount which is payable for premiums or contributions for the period for which the former employee was actually covered, the unused portion of the advanced payment must be paid promptly to the former employee or, if he is deceased, to his beneficiary.

      (c) The purchase of additional retirement credit, if he is otherwise eligible pursuant to chapter 286 of NRS.


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      5.  Officers and members of the faculty of the University and Community College System of Nevada are entitled to sick and disability leave as provided by the regulations adopted pursuant to subsection 2 of NRS 284.345.

      6.  The [Department] Commission may by regulation provide policies concerning employees with mental or emotional disorders which:

      (a) Use a liberal approach to the granting of sick leave or leave without pay to such an employee if it is necessary for him to be absent for treatment or temporary hospitalization.

      (b) Provide for the retention of the job of such an employee for a reasonable period of absence, and if an extended absence necessitates separation or retirement, provide for the reemployment of such an employee if at all possible after recovery.

      (c) Protect employee benefits, including, without limitation, retirement, life insurance and health benefits.

      7.  The [Director] Commission shall establish by regulation a schedule for the accrual of sick leave for employees who regularly work more than 40 hours per week or 80 hours biweekly. The schedule must provide for the accrual of sick leave at the same rate proportionately as employees who work a 40-hour week accrue sick leave.

      8.  The Department may investigate any instance in which it believes that an employee has taken sick or disability leave to which he was not entitled. If, after notice to the employee and a hearing, the Commission determines that he has taken sick or disability leave to which he was not entitled, the Commission may order the forfeiture of all or part of his accrued sick leave.

      Sec. 27.  NRS 284.359 is hereby amended to read as follows:

      284.359  A permanent or probationary employee who performs active military service under the provisions of any national military service or training act, or who voluntarily serves in the Armed Forces of the United States in time of war, or in such types of service as the [Director] Commission by regulation may prescribe, is, upon application, entitled to leave of absence without pay for the period of such service plus a period not to exceed 90 days. If within that period he applies for reinstatement, he must be reinstated to his former class of position, or to a class of position having like seniority, status and pay, or, if those positions have been abolished, to the nearest approximation thereof consistent with the circumstances.

      Sec. 28.  NRS 284.375 is hereby amended to read as follows:

      284.375  In accordance with regulations established by the [Director,] Commission, transfers in the classified service may be made from [a position in one grade or class to a position in another grade or class] one position to another position within the same grade when the duties [and compensation] are similar and when such action is specifically approved by the Director.

      Sec. 29.  NRS 284.379 is hereby amended to read as follows:

      284.379  In the employment [and utilization] of a person with a disability in the state service, continued efforts must be made to retain the person by making reasonable accommodations that enable him to [meet the necessary performance requirements] perform the essential functions of the position and to enjoy the benefits and privileges of his position. [Separation] An appointing authority shall consider separation or disability retirement [is in order only after it becomes apparent that a condition does not respond to treatment.]


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to treatment.] if an employee can no longer perform the essential functions of the position with or without reasonable accommodations.

      Sec. 30.  NRS 284.384 is hereby amended to read as follows:

      284.384  1.  The [Director shall propose, and the] Commission shall adopt [,] regulations which provide for the adjustment of grievances for which a hearing is not provided by NRS 284.165, 284.245, 284.3629, 284.376 or 284.390. Any grievance for which a hearing is not provided by NRS 284.165, 284.245, 284.3629, 284.376 or 284.390 is subject to adjustment pursuant to this section.

      2.  The regulations must provide procedures for:

      (a) Consideration and adjustment of the grievance within the agency in which it arose.

      (b) Submission to the Employee-Management Committee for a final decision if the employee is still dissatisfied with the resolution of the dispute.

      3.  The regulations must include provisions for:

      (a) Submitting each proposed resolution of a dispute which has a fiscal effect to the Budget Division of the Department of Administration for a determination by that Division whether the resolution is feasible on the basis of its fiscal effects; and

      (b) Making the resolution binding.

      4.  Any grievance which is subject to adjustment pursuant to this section may be appealed to the Employee-Management Committee for a final decision.

      5.  The employee may represent himself at any hearing regarding a grievance which is subject to adjustment pursuant to this section or be represented by an attorney or other person of the employee’s own choosing.

      6.  As used in this section, “grievance” means an act, omission or occurrence which an employee who has attained permanent status feels constitutes an injustice relating to any condition arising out of the relationship between an employer and an employee, including, but not limited to, compensation, working hours, working conditions, membership in an organization of employees or the interpretation of any law, regulation or disagreement.

      Sec. 31.  NRS 284.4064 is hereby amended to read as follows:

      284.4064  1.  If an employee informs his appointing authority that he has consumed any drug which could interfere with the safe and efficient performance of his duties, the appointing authority may require the employee to obtain clearance from his physician before he continues to work.

      2.  If an appointing authority reasonably believes, based upon objective facts, that an employee’s ability to perform his duties safely and efficiently:

      (a) May be impaired by the consumption of alcohol or other drugs, it may ask the employee whether he has consumed any alcohol or other drugs and, if so:

             (1) The amount and types of alcohol or other drugs consumed and the time of consumption; and

             (2) If a controlled substance was consumed, the name of the person who prescribed its use.

      (b) Is impaired by the consumption of alcohol or other drugs, it shall prevent the employee from continuing work and transport him or cause him to be transported safely away from his place of employment in accordance with regulations adopted by the [Director.] Commission.


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      Sec. 32.  NRS 284.4065 is hereby amended to read as follows:

      284.4065  1.  Except as otherwise provided in subsection 2, an appointing authority may request an employee to submit to a screening test only if the appointing authority:

      (a) Reasonably believes, based upon objective facts, that the employee is under the influence of alcohol or drugs which are impairing his ability to perform his duties safely and efficiently;

      (b) Informs the employee of the specific facts supporting its belief pursuant to paragraph (a), and prepares a written record of those facts; and

      (c) Informs the employee in writing:

             (1) Of whether the test will be for alcohol or drugs, or both;

             (2) That the results of the test are not admissible in any criminal proceeding against him; and

            (3) That he may refuse the test, but that his refusal may result in his dismissal or in other disciplinary action being taken against him.

      2.  An appointing authority may request an employee to submit to a screening test if the employee:

      (a) Is a law enforcement officer and, during the performance of his duties, he discharges a firearm, other than by accident; or

      (b) During the performance of his duties, drives a motor vehicle in such a manner as to cause bodily injury to himself or another person or substantial damage to property.

For the purposes of this subsection, the [Director] Commission shall, by regulation, define the term “substantial damage to property.”

      3.  An appointing authority may place an employee who submits to a screening test on administrative leave with pay until the appointing authority receives the results of the test.

      4.  An appointing authority shall:

      (a) Within a reasonable time after an employee submits to a screening test to detect the general presence of a controlled substance or any other drug, allow the employee to obtain at his expense an independent test of his urine or blood from a laboratory of his choice which is certified by the Department of Health and Human Services.

      (b) Within a reasonable time after an employee submits to a screening test to detect the general presence of alcohol, allow the employee to obtain at his expense an independent test of his blood from a laboratory of his choice.

      (c) Provide the employee with the written results of his screening test within 3 working days after it receives those results.

      5.  An employee is not subject to disciplinary action for testing positive in a screening test or refusing to submit to a screening test if the appointing authority fails to comply with the provisions of this section.

      6.  An appointing authority shall not use a screening test to harass an employee.

      Sec. 33.  NRS 284.4066 is hereby amended to read as follows:

      284.4066  1.  Each appointing authority shall, subject to the approval of the Commission, determine whether each of its positions of employment [affect] affects the public safety. The appointing authority shall not hire an applicant for such a position unless he submits to a screening test to detect the general presence of a controlled substance . [or any other drug.] Notice of the provisions of this section must be given to each applicant for such a position at or before the time of application.


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      2.  An appointing authority may consider the results of a screening test in determining whether to employ an applicant. If those results indicate the presence of a controlled substance, the appointing authority shall not hire the applicant unless he provides , within 72 hours after being requested by the appointing authority, proof that he had taken the controlled substance as directed pursuant to a current and lawful prescription issued in his name.

      3.  An appointing authority shall, at the request of an applicant, provide him with the results of his screening test.

      Sec. 34.  NRS 284.407 is hereby amended to read as follows:

      284.407  The [Director] Commission shall adopt such regulations as are necessary to carry out the purposes of NRS 284.406 to 284.4069, inclusive.

      Sec. 35.  NRS 227.150 is hereby amended to read as follows:

      227.150  1.  The State Controller shall:

      (a) Open and keep an account with each county, charging the counties with the revenue collected, as shown by the auditor’s statements, and also with their proportions of the salaries of the district judges, and crediting them with the amounts paid to the State Treasurer.

      (b) Keep and state all accounts between the State of Nevada and the United States, or any state or territory, or any person or public officer of this state, indebted to the State or entrusted with the collection, disbursement or management of any money, funds or interests arising therefrom, belonging to the State, of every character and description, if the accounts are derivable from or payable into the State Treasury.

      (c) Settle the accounts of all county treasurers, and other collectors and receivers of all state revenues, taxes, tolls and incomes, levied or collected by any act of the Legislature and payable into the State Treasury.

      (d) Keep fair, clear, distinct and separate accounts of all the revenues and incomes of the State, and [also] of all the expenditures, disbursements and investments thereof, showing the particulars of every expenditure, disbursement and investment.

      2.  The State Controller may:

      (a) Direct the collection of all accounts or money due the State, except as otherwise provided in chapter 353C of NRS, and if there is no time fixed or stipulated by law for the payment of any such accounts or money, they are payable at the time set by the State Controller.

      (b) Upon approval of the Attorney General, direct the cancellation of any accounts or money due the State.

      (c) Except as otherwise provided in subsection 3, withhold from the compensation of an employee of the State any amount due the State for the overpayment of the salary of the employee [.] that has not been satisfied pursuant to subsection 8 of NRS 284.350 or in any other manner.

      3.  Before any amounts may be withheld from the compensation of an employee pursuant to paragraph (c) of subsection 2, the State Controller shall:

      (a) Give written notice to the employee of the State Controller’s intent to withhold such amounts from the compensation of the employee; and

      (b) If requested by the employee within 10 working days after receipt of the notice, conduct a hearing and allow the employee the opportunity to contest the State Controller’s determination to withhold such amounts from the compensation of the employee.

If the overpayment was not obtained by the employee’s fraud or willful misrepresentation, any withholding from the compensation of the employee must be made in a reasonable manner so as not to create an undue hardship to the employee.


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must be made in a reasonable manner so as not to create an undue hardship to the employee.

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

      Sec. 36.  NRS 321.030 is hereby amended to read as follows:

      321.030  The State Land Registrar shall keep his office at the seat of government, which office [shall] must be open for the transaction of business [during] on the days and during the hours [specified in] established pursuant to NRS 281.110.

      Sec. 37.  NRS 353C.220 is hereby amended to read as follows:

      353C.220  1.  If an agency determines that it is impossible or impractical to collect a debt, the agency may request the State Board of Examiners to designate the debt as a bad debt. The State Board of Examiners, by an affirmative vote of the majority of the members of the Board, may designate the debt as a bad debt if the Board is satisfied that the collection of the debt is impossible or impractical. The State Board of Examiners may delegate to its Clerk the authority to designate an overpayment of salary to a current or former state employee of not more than $50 as a bad debt. An agency that is aggrieved by a denial of a request to designate such an overpayment as a bad debt by the Clerk may appeal that denial to the State Board of Examiners.

      2.  Upon the designation of a debt as a bad debt pursuant to this section, the State Board of Examiners or its Clerk shall immediately notify the State Controller thereof. Upon receiving the notification, the State Controller shall direct the removal of the debt from the books of account of the State of Nevada. A bad debt that is removed pursuant to this section remains a legal and binding obligation owed by the debtor to the State of Nevada.

      3.  If resources are available, the State Controller shall keep a master file of all debts that are designated as bad debts pursuant to this section. If such a file is established and maintained, for each such debt, the State Controller shall record the name of the debtor, the amount of the debt, the date on which the debt was incurred and the date on which it was removed from the records and books of account of the agency or the State of Nevada, and any other information concerning the debt that the State Controller determines is necessary.

      Sec. 38.  NRS 532.070 is hereby amended to read as follows:

      532.070  1.  The State Engineer shall keep his office at the State Capital.

      2.  The State Engineer shall keep his office open to the public on the days and during the hours [provided in] established pursuant to NRS 281.110.

      Sec. 39.  NRS 607.040 is hereby amended to read as follows:

      607.040  1.  The Labor Commissioner [shall] must be provided with properly furnished offices at the capital in Carson City, Nevada.

      2.  The offices of the Labor Commissioner [shall] must be open for business during the hours and on the days [as provided in] established pursuant to NRS 281.110.

      Sec. 40.  NRS 284.285 is hereby repealed.

      Sec. 41.  A regulation adopted by the Department of Personnel or the Director of the Department pursuant to chapter 284 of NRS remains in effect as a regulation of the Personnel Commission until amended or repealed by the Personnel Commission.

 

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