Link to Page 2054

 

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ê1999 Statutes of Nevada, Page 2055 (Chapter 440, AB 239)ê

 

    (c) Procedures to distribute the money in the account in a fair and equitable manner.

    6.  The following facts must not be considered as evidence of negligence or causation in any civil action brought against a nonprofit agency:

    (a) The fact that the nonprofit agency did not apply for a grant of money from the account.

    (b) The fact that the nonprofit agency did not request that the central repository, through the use of the account, determine whether a volunteer or prospective volunteer of the nonprofit agency has committed a sexual offense.

    Sec. 3.  A state or local governmental agency:

    1.  May establish forms and procedures for a person to donate money to the account to investigate the background of volunteers who work with children while the person is transacting business with the state or local governmental agency; and

    2.  Shall deposit any money received for the account to investigate the background of volunteers who work with children with the state treasurer for credit to the account.

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

________

 

CHAPTER 441, AB 458

Assembly Bill No. 458–Assemblymen Parks, Chowning, Collins, Manendo, Gibbons, Lee, Arberry, Freeman, Anderson, Williams, Angle, Tiffany, Von Tobel, Neighbors and Leslie

 

CHAPTER 441

 

AN ACT relating to vehicles; authorizing law enforcement agencies to conduct certain inspections for the purpose of locating stolen vehicles; increasing the penalties for altering or removing the identification number or mark of a motor vehicle or part of a motor vehicle; prohibiting the ownership or operation of premises used for certain acts concerning stolen motor vehicles and parts of motor vehicles; providing penalties; and providing other matters properly relating thereto.

 

[Approved May 31, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 481 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  For the purpose of locating stolen vehicles, except as otherwise provided in subsection 3, an employee of the department or a local law enforcement agency whose primary responsibility is to conduct investigations involving the theft of motor vehicles, may inspect:

    (a) The identification numbers of a vehicle that is on the highway or in any garage, repair shop, terminal, parking facility, establishment where new or used vehicles or equipment for vehicles are sold, leased or rented, vehicle salvage pool or any other similar establishment, or any commercial location where agricultural or construction work is being actively performed; and


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ê1999 Statutes of Nevada, Page 2056 (Chapter 441, AB 458)ê

 

    (b) The title or registration of a vehicle described in paragraph (a) to determine the rightful ownership or possession of the vehicle or an identifiable component part.

    2.  Whenever possible, a person who conducts an inspection pursuant to this section shall conduct the inspection during normal business hours and in such a manner as to minimize any interference with or delay of the business operations of the establishment where the inspection takes place.

    3.  A person may not conduct an inspection pursuant to this section of a terminal that is privately owned or a parking facility that is privately owned unless, before conducting the inspection, the person obtains permission to conduct the inspection from:

    (a) The owner of the terminal or parking facility; or

    (b) An agent or representative of the owner who has been authorized by the owner to grant permission to a person seeking to conduct an inspection pursuant to this section.

    4.  As used in this section:

    (a) “Garage” has the meaning ascribed to it in NRS 487.540.

    (b) “Identifiable component part” means a component of a motor vehicle that may be distinguished from other similar components by a serial number or other distinguishing number, sign or mark.

    (c) “Local law enforcement agency” means:

         (1) The sheriff’s office of a county;

         (2) A metropolitan police department; or

         (3) A police department of an incorporated city.

    (d) “Parking facility” means a parking deck, parking garage, parking structure or paved or unpaved parking lot that members of the public regularly enter, are reasonably likely to enter, or are invited or permitted to enter as invitees or licensees.

    (e) “Terminal” means a terminal that members of the public regularly enter, are reasonably likely to enter, or are invited or permitted to enter as invitees or licensees.

    (f) “Vehicle” has the meaning ascribed to it in NRS 482.135.

    Sec. 2.  Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.

    Sec. 3.  As used in NRS 482.545 to 482.553, inclusive, and section 4 of this act, unless the context otherwise requires, “identification number or mark” means:

    1.  The motor number, other distinguishing number or identification mark of a vehicle required or employed for purposes of registration; or

    2.  The identification number or other distinguishing number or identification mark of a vehicle or part of a motor vehicle that was placed or stamped on that vehicle or part by the manufacturer pursuant to federal law or regulation.

    Sec. 4.  1.  Except as otherwise provided in subsections 3 and 4, a person who knowingly:

    (a) Buys with the intent to resell;

    (b) Disposes of;

    (c) Sells; or

    (d) Transfers,more than one motor vehicle or parts from more than one motor vehicle that have an identification number or mark that is defaced, destroyed or altered to misrepresent the identity or to prevent the identification of the motor vehicles or parts of the motor vehicles, 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 $60,000, or by both fine and imprisonment.


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ê1999 Statutes of Nevada, Page 2057 (Chapter 441, AB 458)ê

 

more than one motor vehicle or parts from more than one motor vehicle that have an identification number or mark that is defaced, destroyed or altered to misrepresent the identity or to prevent the identification of the motor vehicles or parts of the motor vehicles, 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 $60,000, or by both fine and imprisonment.

    2.  Except as otherwise provided in subsections 3 and 4, a person who knowingly possesses with the intent to sell, transfer, import or export more than one motor vehicle or parts from more than one motor vehicle that have an identification number or mark that is defaced, destroyed or altered to misrepresent the identity or prevent the identification of the motor vehicles or parts of the motor vehicles, is guilty of a category D felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $30,000.

    3.  The provisions of this section do not apply to a licensed automobile wrecker or salvage pool that in the normal, legal course of business and in good faith, processes a motor vehicle or part of a motor vehicle by crushing, compacting or using other similar methods to process the motor vehicle or part if:

    (a) The identification number or mark of the motor vehicle or part of a motor vehicle was not defaced, destroyed or altered before the processing; or

    (b) The motor vehicle or part of a motor vehicle was obtained from a person described in subsection 4.

    4.  The provisions of this section do not apply to an owner of or person authorized to possess a motor vehicle or part of a motor vehicle:

    (a) If the motor vehicle or part of a motor vehicle was recovered by a law enforcement agency after having been stolen; or

    (b) If the condition of the identification number or mark of the motor vehicle or part of the motor vehicle is known to, or has been reported to, a law enforcement agency.

    5.  For the purposes of this section:

    (a) “Automobile wrecker” means a person who obtains a license pursuant to NRS 487.050 to dismantle, scrap, process or wreck a vehicle.

    (b) “Salvage pool” has the meaning ascribed to it in subsection 2 of NRS 487.400.

    Sec. 5.  NRS 482.545 is hereby amended to read as follows:

    482.545  It is unlawful for any person to commit any of the following acts:

    1.  To operate, or for the owner thereof knowingly to permit the operation of, upon a highway any motor vehicle, trailer or semitrailer which is not registered or which does not have attached thereto and displayed thereon the number of plate or plates assigned thereto by the department for the current period of registration or calendar year, subject to the exemption allowed in NRS 482.316 to 482.3175, inclusive, 482.320 to 482.363, inclusive, 482.385 to 482.3965, inclusive, and 482.420.


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ê1999 Statutes of Nevada, Page 2058 (Chapter 441, AB 458)ê

 

    2.  To display, cause or permit to be displayed or to have in possession any certificate of registration, license plate, certificate of ownership or other document of title knowing it to be fictitious or to have been canceled, revoked, suspended or altered.

    3.  To lend to or knowingly permit the use of by one not entitled thereto any registration card or plate issued to the person so lending or permitting the use thereof.

    4.  To fail or to refuse to surrender to the department, upon demand, any registration card or plate which has been suspended, canceled or revoked as provided in this chapter.

    5.  To use a false or fictitious name or address in any application for the registration of any vehicle or for any renewal or duplicate thereof, or knowingly to make a false statement or knowingly to conceal a material fact or otherwise commit a fraud in an application. A violation of this subsection is a gross misdemeanor.

    6.  Knowingly to operate a vehicle which:

    (a) Has an altered [vehicle identification number, serial number, motor number, or other distinguishing number or] identification number or mark ; [required for registration;] or

    (b) Contains a part which has an altered identification number or [other distinguishing number or identification mark which was placed or stamped on the part by the manufacturer pursuant to federal law or regulation.] mark.

    Sec. 6.  NRS 482.553 is hereby amended to read as follows:

    482.553  1.  A person shall not intentionally deface, destroy or alter the [motor number, other distinguishing number or] identification number or mark of a vehicle [required or employed for registration purposes or the identification number or other distinguishing number or identification mark of a] or part of a motor vehicle [which was placed or stamped on that part by the manufacturer pursuant to federal law or regulation] without written authorization from the department, nor shall any person place or stamp any serial, motor or other number or mark upon a vehicle or the parts thereof except one assigned thereto by the department.

    2.  This section does not prohibit the restoration by an owner of the original vehicle identification number or mark when the restoration is authorized by the department, nor prevent any manufacturer from placing in the ordinary course of business numbers or marks upon new motor vehicles or new parts thereof.

    3.  The department shall assign serial numbers to all homemade vehicles, and the serial numbers must be placed:

    (a) If an open trailer, on the left-hand side of the tongue of the trailer.

    (b) If an enclosed vehicle, on the pillar post for the left-hand door hinge, or if such placement is not appropriate, then on the left-hand side of the fire wall, under the hood.

    4.  Any person who violates [any provisions] a provision of subsection 1 is guilty of a [gross misdemeanor.] category D felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $25,000.


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ê1999 Statutes of Nevada, Page 2059 (Chapter 441, AB 458)ê

 

    Sec. 7.  Chapter 205 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  A person who owns or operates a building or other premises shall not knowingly allow a motor vehicle or part of a motor vehicle that is illegally obtained by theft, fraud or conspiracy to defraud to be altered, destroyed, disassembled, reassembled or stored at the building or premises for the purpose of:

    (a) Defacing, destroying or altering the identity of the motor vehicle or the part of a motor vehicle, including, without limitation, the identification number, to misrepresent the identity of or prevent the identification of the motor vehicle or the part; or

    (b) Selling or disposing of the motor vehicle or the part of a motor vehicle.

    2.  A person who violates the provisions of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $50,000.

    3.  As used in this section, “motor vehicle” has the meaning ascribed to it in NRS 482.075.

    Sec. 8.  The amendatory provisions of this act do not apply to offenses that were committed before October 1, 1999.

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CHAPTER 442, AB 473

Assembly Bill No. 473–Assemblymen McClain, Manendo, Collins, Claborn, Leslie, Koivisto, Anderson, Evans, Nolan, Beers, Parnell, Tiffany, Freeman, Bache, Giunchigliani, Williams, Parks, Von Tobel, Chowning, Humke, Ohrenschall, de Braga, Perkins, Lee, Neighbors, Mortenson, Segerblom, Gibbons, Buckley, Arberry and Carpenter

 

CHAPTER 442

 

AN ACT relating to domestic violence; providing that a juvenile who is taken into custody for committing a battery that constitutes domestic violence must not be released for at least 12 hours; revising provisions concerning when an officer who takes a juvenile into custody must notify a parent, guardian or custodian and probation officer of the juvenile; revising the provisions governing orders for protection against domestic violence; providing that a person who commits a battery upon a person to whom he is related by marriage or with whom he has had or is having a dating relationship may not be admitted to bail sooner than 12 hours after his arrest; establishing the amount at which bail must be set if such a person is subsequently admitted to bail in certain circumstances; and providing other matters properly relating thereto.

 

[Approved May 31, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 62.040 is hereby amended to read as follows:

    62.040  1.  Except if the child involved is subject to the exclusive jurisdiction of an Indian tribe, and except as otherwise provided in this chapter, the court has exclusive original jurisdiction in proceedings:

    (a) Concerning any child living or found within the county who is in need of supervision because he:


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ê1999 Statutes of Nevada, Page 2060 (Chapter 442, AB 473)ê

 

         (1) Is a child who is subject to compulsory school attendance and is a habitual truant from school;

         (2) Habitually disobeys the reasonable and lawful demands of his parents, guardian or other custodian, and is unmanageable; or

         (3) Deserts, abandons or runs away from his home or usual place of abode,

and is in need of care or rehabilitation. The child must not be considered a delinquent.

    (b) Concerning any child living or found within the county who has committed a delinquent act. A child commits a delinquent act if he violates a county or municipal ordinance or any rule or regulation having the force of law, or he commits an act designated a crime under the law of the State of Nevada.

    (c) Concerning any child in need of commitment to an institution for the mentally retarded.

    2.  For the purposes of subsection 1, each of the following acts shall be deemed not to be a delinquent act, and the court does not have jurisdiction of a person who is charged with committing such an act:

    (a) Murder or attempted murder and any other related offense arising out of the same facts as the murder or attempted murder, regardless of the nature of the related offense.

    (b) Sexual assault or attempted sexual assault involving the use or threatened use of force or violence against the victim and any other related offense arising out of the same facts as the sexual assault or attempted sexual assault, regardless of the nature of the related offense, if:

         (1) The person was 16 years of age or older when the sexual assault or attempted sexual assault was committed; and

         (2) Before the sexual assault or attempted sexual assault was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.

    (c) An offense or attempted offense involving the use or threatened use of a firearm and any other related offense arising out of the same facts as the offense or attempted offense involving the use or threatened use of a firearm, regardless of the nature of the related offense, if:

         (1) The person was 16 years of age or older when the offense or attempted offense involving the use or threatened use of a firearm was committed; and

         (2) Before the offense or attempted offense involving the use or threatened use of a firearm was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.

    (d) Any other offense if, before the offense was committed, the person previously had been convicted of a criminal offense.

    3.  If a child is charged with a minor traffic offense, the court may transfer the case and record to a justice’s or municipal court if the judge determines that it is in the best interest of the child. If a case is so transferred:

    (a) The restrictions set forth in subsection [5] 6 of NRS 62.170 are applicable in those proceedings; and


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ê1999 Statutes of Nevada, Page 2061 (Chapter 442, AB 473)ê

 

    (b) The child must be accompanied at all proceedings by a parent or legal guardian.

With the consent of the judge of the juvenile division, the case may be transferred back to the juvenile court.

    Sec. 2.  NRS 62.170 is hereby amended to read as follows:

    62.170  1.  Except as otherwise provided in NRS 62.175 and section 2 of Assembly Bill No. 221 of this session, a peace officer or probation officer may take into custody any child:

    (a) Who the officer has probable cause to believe is violating or has violated any law, ordinance or rule or regulation having the force of law; or

    (b) Whose conduct indicates that he is a child in need of supervision.

    2.  Except as otherwise provided in this section, section 2 of Assembly Bill No. 221 of this session and NRS 484.383, if a child is taken into custody:

    (a) The officer shall, without undue delay, attempt to notify, if known, the parent, guardian or custodian of the child;

    (b) The facility in which the child is detained shall, without undue delay:

         (1) Notify a probation officer; and

         (2) Attempt to notify, if known, the parent, guardian or custodian of the child if such notification was not accomplished pursuant to paragraph (a); and

    (c) Unless it is impracticable or inadvisable or has been otherwise ordered by the court, the child must be released to the custody of his parent or other responsible adult who has signed a written agreement to bring the child to the court at a stated time or at such time as the court may direct. The written agreement must be submitted to the court as soon as possible. If this person fails to produce the child as agreed or upon notice from the court, a writ may be issued for the attachment of the person or of the child requiring that the person or child, or both of them, be brought into the court at a time stated in the writ.

    3.  Except as otherwise provided in this section and section 2 of Assembly Bill No. 221 of this session, if a child who is taken into custody is not released pursuant to subsection 2:

    (a) The child must be taken without unnecessary delay to:

         (1) The court; or

         (2) The place of detention designated by the court and, as soon as possible thereafter, the fact of detention must be reported to the court; and

    (b) Pending further disposition of the case, the court may order that the child be:

         (1) Released to the custody of the parent or other person appointed by the court;

         (2) Detained in such place as is designated by the court, subject to further order of the court; or

         (3) Conditionally released for supervised detention at the home of the child in lieu of detention at a facility for the detention of juveniles.

    4.  A child who is taken into custody for committing a battery that constitutes domestic violence pursuant to NRS 33.018 must not be released from custody sooner than 12 hours after he is taken into custody.


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ê1999 Statutes of Nevada, Page 2062 (Chapter 442, AB 473)ê

 

    5.  Except as otherwise provided in subsection 4 and section 2 of Assembly Bill No. 221 of this session, if a child is alleged to be delinquent or in need of supervision, the child must not, before disposition of the case, be detained in a facility for the secure detention of juveniles unless there is probable cause to believe that:

    (a) If the child is not detained, he is likely to commit an offense dangerous to himself or to the community, or likely to commit damage to property;

    (b) The child will run away or be taken away so as to be unavailable for proceedings of the court or to its officers;

    (c) The child was brought to the probation officer pursuant to a court order or warrant; or

    (d) The child is a fugitive from another jurisdiction.

    [5.] 6.  If a child is not alleged to be delinquent or in need of supervision, the child must not, at any time, be confined or detained in:

    (a) A facility for the secure detention of juveniles; or

    (b) Any police station, lockup, jail, prison or other facility in which adults are detained or confined.

    [6.] 7.  If a child is less than 18 years of age, the child must not, at any time, be confined or detained in any police station, lockup, jail, prison or other facility where the child has regular contact with any adult who is confined or detained therein and who has been convicted of a crime or charged with a crime, unless:

    (a) The child is alleged to be delinquent;

    (b) An alternative facility is not available; and

    (c) The child is separated by sight and sound from any adults who are confined or detained therein.

    [7.] 8.  If a child who is alleged to be delinquent is taken into custody and detained, the child must be given a detention hearing, conducted by the judge or master:

    (a) Within 24 hours after the child submits a written application;

    (b) In a county whose population is less than 100,000, within 24 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined;

    (c) In a county whose population is 100,000 or more, within 6 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined; or

    (d) Within 72 hours after the commencement of detention at a facility in which adults are not detained or confined,

whichever occurs first, excluding Saturdays, Sundays and holidays. A child must not be released after a detention hearing without the written consent of the judge or master.

    [8.] 9.  If the parent, guardian or custodian of the child appears with or on behalf of the child at a detention hearing, the judge or master shall provide to him a certificate of attendance which he may provide to his employer. The certificate of attendance must set forth the date and time of appearance and the provisions of NRS 62.900. The certificate of attendance must not set forth the name of the child or the offense alleged.


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ê1999 Statutes of Nevada, Page 2063 (Chapter 442, AB 473)ê

 

    [9.] 10.  Except as otherwise provided in subsection [10,] 11, if a child who is alleged to be in need of supervision is taken into custody and detained, the child must be released within 24 hours, excluding Saturdays, Sundays and holidays, after his initial contact with a peace officer to his parent, guardian or custodian, to any other person who is able to provide adequate care and supervision, or to shelter care, unless the court holds a detention hearing and determines the child:

    (a) Has threatened to run away from home or from the shelter;

    (b) Is accused of violent behavior at home; or

    (c) Is accused of violating the terms of his supervision and consent decree.

If the court makes such a determination, the child may be detained for an additional 24 hours after the hearing, excluding Saturdays, Sundays and holidays, if needed by the court to make an alternative placement. Such an alternative placement must be in a facility in which there are no physically restraining devices or barriers. A child must not be detained pursuant to this subsection for a total period in excess of 48 hours, excluding Saturdays, Sundays and holidays.

    [10.] 11.  If a child who is alleged to be in need of supervision is taken into custody and detained, the child need not be released pursuant to subsection [9,] 10, if the court holds a detention hearing and determines the child:

    (a) Is a ward of a federal court or held pursuant to federal statute;

    (b) Has run away from another state and a jurisdiction within the state has issued a want, warrant or request for the child; or

    (c) Is accused of violating a valid court order.

If the court makes such a determination, the child may be detained for such an additional period as necessary for the court to return the child to the jurisdiction from which he originated or to make an alternative placement. Such an alternative placement must be in a facility in which there are no physically restraining devices or barriers.

    [11.] 12.  During the pendency of a criminal or quasi-criminal charge of a crime excluded from the original jurisdiction of the juvenile court pursuant to NRS 62.040, a child may petition the juvenile court for temporary placement in a facility for the detention of juveniles.

    [12.] 13.  In determining whether to release a child pursuant to this section to a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child who is suitable and able to provide proper care and guidance for the child.

    Sec. 3.  NRS 33.090 is hereby amended to read as follows:

    33.090  1.  A valid order for protection against domestic violence issued by a court of another state, territory or Indian tribe within the United States must be accorded full faith and credit by the courts of this state and enforced as if it were issued by a court in this state, regardless of whether the order has been registered in this state.

    2.  A person may apply to a court of this state to register an order for protection against domestic violence issued by the court of another state, territory or Indian tribe within the United States by presenting a certified copy of the order to the clerk of the court in a judicial district in which the person believes that enforcement may be necessary.


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ê1999 Statutes of Nevada, Page 2064 (Chapter 442, AB 473)ê

 

copy of the order to the clerk of the court in a judicial district in which the person believes that enforcement may be necessary.

    [2.] 3.  Except as otherwise provided in subsection [4,] 5, upon application by the protected party pursuant to subsection [1,] 2, a court of competent jurisdiction in this state shall register such an order if:

    (a) The court determines that the issuing court had proper jurisdiction over the parties and the subject matter under the laws of the state, territory or tribe; and

    (b) The court determines that the adverse party was given reasonable notice and an opportunity to be heard before the order was issued or, in the case of an ex parte order, the adverse party was given reasonable notice and an opportunity to be heard as soon as possible after the order was issued.

    [3.] 4.  An order that is registered has the same effect and must be enforced in like manner as an order for protection against domestic violence issued by a court of this state.

    [4.] 5.  If the order for protection against domestic violence issued by the court of another state, territory or Indian tribe was a mutual order for protection against domestic violence and:

    (a) No counter or cross-petition was filed seeking such protection order;

    (b) A counter or cross-petition was filed and the court did not make a specific finding of domestic violence by both parties; or

    (c) The person who is applying to register the order has violated a law of the State of Nevada relating to a different protection order issued against him,

the court may refuse to register and enforce the order and may determine whether to issue its own temporary or extended order.

    [5.] 6.  A temporary or extended order of another state, territory or Indian tribe presented pursuant to this section which appears authentic on its face must be presumed valid.

    [6.] 7.  A court, law enforcement officer or any other person who enforces an order for protection against domestic violence based upon a reasonable belief that the order is valid is immune from civil liability for any action taken based on that belief.

    [7.] 8.  The clerk of the court shall maintain a record of each order registered pursuant to this section.

    [8.] 9.  The clerk shall not charge a fee for an application to register or for registering an order pursuant to this section.

    [9.] 10.  The clerk shall inform the protected party upon the successful transfer of information concerning the registration to the central repository for Nevada records of criminal history as required pursuant to NRS 33.095.

    Sec. 4.  NRS 178.484 is hereby amended to read as follows:

    178.484  1.  Except as otherwise provided in this section, a person arrested for an offense other than murder of the first degree must be admitted to bail.

    2.  A person arrested for a felony who has been released on probation or parole for a different offense must not be admitted to bail unless:

    (a) A court issues an order directing that the person be admitted to bail;

    (b) The state board of parole commissioners directs the detention facility to admit the person to bail; or


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ê1999 Statutes of Nevada, Page 2065 (Chapter 442, AB 473)ê

 

    (c) The division of parole and probation of the department of motor vehicles and public safety directs the detention facility to admit the person to bail.

    3.  A person arrested for a felony whose sentence has been suspended pursuant to NRS 4.373 or 5.055 for a different offense or who has been sentenced to a term of residential confinement pursuant to NRS 4.3762 or 5.076 for a different offense must not be admitted to bail unless:

    (a) A court issues an order directing that the person be admitted to bail; or

    (b) A department of alternative sentencing directs the detention facility to admit the person to bail.

    4.  A person arrested for murder of the first degree may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.

    5.  A person arrested for a battery [upon his spouse, former spouse, a person to whom he is related by blood, a person with whom he is or was actually residing or with whom he has a child in common, his minor child or a minor child of that person,] that constitutes domestic violence pursuant to NRS 33.018 must not be admitted to bail sooner than 12 hours after his arrest. If the person is admitted to bail more than 12 hours after his arrest, pursuant to subsection 5 of NRS 171.178, without appearing personally before a magistrate, the amount of bail must be:

    (a) Three thousand dollars, if the person has no previous convictions of battery [upon a person listed in this subsection] that constitute domestic violence pursuant to NRS 33.018 and there is no reason to believe that the battery for which he has been arrested resulted in substantial bodily harm;

    (b) Five thousand dollars, if the person has:

         (1) No previous convictions of battery [upon a person listed in this subsection,] that constitute domestic violence pursuant to NRS 33.018, but there is reason to believe that the battery for which he has been arrested resulted in substantial bodily harm; or

         (2) One previous conviction of battery [upon a person listed in this subsection,] that constitutes domestic violence pursuant to NRS 33.018, but there is no reason to believe that the battery for which he has been arrested resulted in substantial bodily harm; or

    (c) Fifteen thousand dollars, if the person has:

         (1) One previous conviction of battery [upon a person listed in this subsection] that constitutes domestic violence pursuant to NRS 33.018 and there is reason to believe that the battery for which he has been arrested resulted in substantial bodily harm; or

         (2) Two or more previous convictions of battery [upon one or more persons listed in this subsection.] that constitute domestic violence pursuant to NRS 33.018.

The provisions of this subsection do not affect the authority of a magistrate or a court to set the amount of bail when the person personally appears before the magistrate or the court. For the purposes of this subsection, a person shall be deemed to have a previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018 if the person has been convicted of such an offense in this state or has been convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct.


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ê1999 Statutes of Nevada, Page 2066 (Chapter 442, AB 473)ê

 

of such an offense in this state or has been convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct.

    6.  The court may, before releasing a person arrested for an offense punishable as a felony, require the surrender to the court of any passport the person possesses.

    7.  Before releasing a person arrested for any crime, the court may impose such reasonable conditions on the person as it deems necessary to protect the health, safety and welfare of the community and to ensure that the person will appear at all times and places ordered by the court, including, without limitation:

    (a) Requiring the person to remain in this state or a certain county within this state;

    (b) Prohibiting the person from contacting or attempting to contact a specific person or from causing or attempting to cause another person to contact that person on his behalf;

    (c) Prohibiting the person from entering a certain geographic area; or

    (d) Prohibiting the person from engaging in specific conduct that may be harmful to his own health, safety or welfare, or the health, safety or welfare of another person.

In determining whether a condition is reasonable, the court shall consider the factors listed in NRS 178.4853.

    8.  If a person fails to comply with a condition imposed pursuant to subsection 7, the court may, after providing the person with reasonable notice and an opportunity for a hearing:

    (a) Deem such conduct a contempt pursuant to NRS 22.010; or

    (b) Increase the amount of bail pursuant to NRS 178.499.

    9.  An order issued pursuant to this section that imposes a condition on a person admitted to bail must include a provision ordering any law enforcement officer to arrest the person if he has probable cause to believe that the person has violated a condition of his bail.

    10.  Before a person may be admitted to bail, he must sign a document stating that:

    (a) He will appear at all times and places as ordered by the court releasing him and as ordered by any court before which the charge is subsequently heard;

    (b) He will comply with the other conditions which have been imposed by the court and are stated in the document; and

    (c) If he fails to appear when so ordered and is taken into custody outside of this state, he waives all his rights relating to extradition proceedings.

The signed document must be filed with the clerk of the court of competent jurisdiction as soon as practicable, but in no event later than the next business day.

    11.  If a person admitted to bail fails to appear as ordered by a court and the jurisdiction incurs any cost in returning the person to the jurisdiction to stand trial, the person who failed to appear is responsible for paying those costs as restitution.


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

ê1999 Statutes of Nevada, Page 2067 (Chapter 442, AB 473)ê

 

    Sec. 5.  Assembly Bill No. 262 of this session is hereby amended by deleting section 1 and adding:

     Section 1.  (Deleted by amendment.)

    Sec. 6.  Section 2 of Assembly Bill No. 262 of this session is hereby amended to read as follows:

   Sec. 2.  NRS 62.170 is hereby amended to read as follows:

     62.170  1.  Except as otherwise provided in NRS 62.175 and section 2 of Assembly Bill No. 221 of this [act,] session, a peace officer or probation officer may take into custody any child:

     (a) Who the officer has probable cause to believe is violating or has violated any law, ordinance or rule or regulation having the force of law; or

     (b) Whose conduct indicates that he is a child in need of supervision.

     2.  Except as otherwise provided in this section, section 2 of Assembly Bill No. 221 of this [act] session and NRS 484.383, if a child is taken into custody:

     (a) The officer shall [immediately] , without undue delay, attempt to notify , if known, the parent, guardian or custodian of the child [, if known, and the] ;

     (b) The facility in which the child is detained shall, without undue delay:

         (1) Notify a probation officer; and

     [(b)] (2) Attempt to notify, if known, the parent, guardian or custodian of the child if such notification was not accomplished pursuant to paragraph (a); and

     (c) Unless it is impracticable or inadvisable or has been otherwise ordered by the court, the child must be released to the custody of his parent or other responsible adult who has signed a written agreement to bring the child to the court at a stated time or at such time as the court may direct. The written agreement must be submitted to the court as soon as possible. If this person fails to produce the child as agreed or upon notice from the court, a writ may be issued for the attachment of the person or of the child requiring that the person or child, or both of them, be brought into the court at a time stated in the writ.

     3.  Except as otherwise provided in this section and section 2 of Assembly Bill No. 221 of this [act,] session, if a child who is taken into custody is not released pursuant to subsection 2:

     (a) The child must be taken without unnecessary delay to:

         (1) The court; or

         (2) The place of detention designated by the court [,] and, as soon as possible thereafter, the fact of detention must be reported to the court; and

     (b) Pending further disposition of the case, the court may order that the child be:

         (1) Released to the custody of the parent or other person appointed by the court;


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

ê1999 Statutes of Nevada, Page 2068 (Chapter 442, AB 473)ê

 

         (2) Detained in such place as is designated by the court, subject to further order of the court; or

         (3) Conditionally released for supervised detention at the home of the child in lieu of detention at a facility for the detention of juveniles.

     4.  Except as otherwise provided in section 2 of Assembly Bill No. 221 of this [act,] session, if a child is alleged to be delinquent or in need of supervision, the child must not, before disposition of the case, be detained in a facility for the secure detention of juveniles unless there is probable cause to believe that:

     (a) If the child is not detained, he is likely to commit an offense dangerous to himself or to the community, or likely to commit damage to property;

     (b) The child will run away or be taken away so as to be unavailable for proceedings of the court or to its officers;

     (c) The child was brought to the probation officer pursuant to a court order or warrant; or

     (d) The child is a fugitive from another jurisdiction.

     5.  If a child is not alleged to be delinquent or in need of supervision, the child must not, at any time, be confined or detained in:

     (a) A facility for the secure detention of juveniles; or

     (b) Any police station, lockup, jail, prison or other facility in which adults are detained or confined.

     6.  If a child is less than 18 years of age, the child must not, at any time, be confined or detained in any police station, lockup, jail, prison or other facility where the child has regular contact with any adult who is confined or detained therein and who has been convicted of a crime or charged with a crime, unless:

     (a) The child is alleged to be delinquent;

     (b) An alternative facility is not available; and

     (c) The child is separated by sight and sound from any adults who are confined or detained therein.

     7.  If a child who is alleged to be delinquent is taken into custody and detained, the child must be given a detention hearing, conducted by the judge or master:

     (a) Within 24 hours after the child submits a written application;

     (b) In a county whose population is less than 100,000, within 24 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined;

     (c) In a county whose population is 100,000 or more, within 6 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined; or


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ê1999 Statutes of Nevada, Page 2069 (Chapter 442, AB 473)ê

 

     (d) Within 72 hours after the commencement of detention at a facility in which adults are not detained or confined,

whichever occurs first, excluding Saturdays, Sundays and holidays. A child must not be released after a detention hearing without the written consent of the judge or master.

     8.  If the parent, guardian or custodian of the child appears with or on behalf of the child at a detention hearing, the judge or master shall provide to him a certificate of attendance which he may provide to his employer. The certificate of attendance must set forth the date and time of appearance and the provisions of NRS 62.900. The certificate of attendance must not set forth the name of the child or the offense alleged.

     9.  Except as otherwise provided in subsection 10, if a child who is alleged to be in need of supervision is taken into custody and detained, the child must be released within 24 hours, excluding Saturdays, Sundays and holidays, after his initial contact with a peace officer to his parent, guardian or custodian, to any other person who is able to provide adequate care and supervision, or to shelter care, unless the court holds a detention hearing and determines the child:

     (a) Has threatened to run away from home or from the shelter;

     (b) Is accused of violent behavior at home; or

     (c) Is accused of violating the terms of his supervision and consent decree.

If the court makes such a determination, the child may be detained for an additional 24 hours after the hearing, excluding Saturdays, Sundays and holidays, if needed by the court to make an alternative placement. Such an alternative placement must be in a facility in which there are no physically restraining devices or barriers. A child must not be detained pursuant to this subsection for a total period in excess of 48 hours, excluding Saturdays, Sundays and holidays.

     10.  If a child who is alleged to be in need of supervision is taken into custody and detained, the child need not be released pursuant to subsection 9, if the court holds a detention hearing and determines the child:

     (a) Is a ward of a federal court or held pursuant to federal statute;

     (b) Has run away from another state and a jurisdiction within the state has issued a want, warrant or request for the child; or

     (c) Is accused of violating a valid court order.

If the court makes such a determination, the child may be detained for such an additional period as necessary for the court to return the child to the jurisdiction from which he originated or to make an alternative placement. Such an alternative placement must be in a facility in which there are no physically restraining devices or barriers.

     11.  During the pendency of a criminal or quasi-criminal charge of a crime excluded from the original jurisdiction of the juvenile court pursuant to NRS 62.040, a child may petition the juvenile court for temporary placement in a facility for the detention of juveniles.


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ê1999 Statutes of Nevada, Page 2070 (Chapter 442, AB 473)ê

 

     12.  In determining whether to release a child pursuant to this section to a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child who is suitable and able to provide proper care and guidance for the child.

    Sec. 7.  Assembly Bill No. 262 of this session is hereby amended by adding thereto a new section designated sec. 3, following sec. 2, to read as follows:

   Sec. 3.  This act becomes effective at 12:01 a.m. on October 1, 1999.

    Sec. 8.  The amendatory provisions of section 4 of this act do not apply to a person who is admitted to bail before October 1, 1999.

    Sec. 9.  Sections 1, 2, 5, 6 and 7 of this act become effective at 12:03 a.m. on October 1, 1999.

________

 

CHAPTER 443, AB 486

Assembly Bill No. 486–Assemblymen Goldwater, Lee, Perkins, Buckley, Neighbors, Berman, Gibbons, Marvel, Price, Ohrenschall, Anderson, Freeman, Parnell, Koivisto, McClain, Angle, Mortenson, Humke, Claborn, de Braga, Chowning, Bache, Evans, Leslie, Nolan, Giunchigliani, Arberry, Williams, Collins, Manendo, Parks, Beers, Carpenter, Segerblom, Thomas and Dini

 

Joint Sponsors: Senators Rawson, O’Connell and Titus

 

CHAPTER 443

 

AN ACT relating to administrative procedure affecting businesses; requiring certain governmental entities to consider the impact on small businesses of regulations promulgated by the governmental entity; requiring local governmental entities to consider the impact on businesses of certain rules promulgated by the governmental entity; and providing other matters properly relating thereto.

 

[Approved May 31, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 233B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

    Sec. 2.  “Small business” means a business conducted for profit which employs fewer than 150 full-time or part-time employees.

    Sec. 3.  1.  Before conducting a workshop for a proposed regulation pursuant to NRS 233B.061, an agency shall determine whether the proposed regulation is likely to:

    (a) Impose a direct and significant economic burden upon a small business; or

    (b) Directly restrict the formation, operation or expansion of a small business.


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

ê1999 Statutes of Nevada, Page 2071 (Chapter 443, AB 486)ê

 

    2.  If an agency determines pursuant to subsection 1 that a proposed regulation is likely to impose a direct and significant economic burden upon a small business or directly restrict the formation, operation or expansion of a small business, the agency shall:

    (a) Insofar as practicable, consult with owners and officers of small businesses that are likely to be affected by the proposed regulation.

    (b) Consider methods to reduce the impact of the proposed regulation on small businesses, including, without limitation:

         (1) Simplifying the proposed regulation;

         (2) Establishing different standards of compliance for a small business; and

         (3) Modifying a fee or fine set forth in the regulation so that a small business is authorized to pay a lower fee or fine.

    (c) Prepare a small business impact statement and make copies of the statement available to the public at the workshop conducted and the public hearing held pursuant to NRS 233B.061.

    Sec. 4.  A small business impact statement prepared pursuant to section 3 of this act must set forth the following information:

    1.  A description of the manner in which comment was solicited from affected small businesses, a summary of their response and an explanation of the manner in which other interested persons may obtain a copy of the summary.

    2.  The estimated economic effect of the proposed regulation on the small businesses which it is to regulate, including, without limitation:

    (a) Both adverse and beneficial effects; and

    (b) Both direct and indirect effects.

    3.  A description of the methods that the agency considered to reduce the impact of the proposed regulation on small businesses and a statement regarding whether the agency actually used any of those methods.

    4.  The estimated cost to the agency for enforcement of the proposed regulation.

    5.  If the proposed regulation provides a new fee or increases an existing fee, the total annual amount the agency expects to collect and the manner in which the money will be used.

    6.  If the proposed regulation includes provisions which duplicate or are more stringent than federal, state or local standards regulating the same activity, an explanation of why such duplicative or more stringent provisions are necessary.

    Sec. 5.  1.  A small business that is aggrieved by a regulation adopted by an agency on or after January 1, 2000, may object to all or a part of the regulation by filing a petition with the agency that adopted the regulation within 90 days after the date on which the regulation was adopted.

    2.  A petition filed pursuant to subsection 1 may be based on the following grounds:

    (a) The agency failed to prepare a small business impact statement as required pursuant to section 3 of this act; or

    (b) The small business impact statement prepared by the agency pursuant to section 3 of this act did not consider or significantly underestimated the economic effect of the regulation on small businesses.


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

ê1999 Statutes of Nevada, Page 2072 (Chapter 443, AB 486)ê

 

    3.  After receiving a petition pursuant to subsection 1, an agency shall determine whether the petition has merit. If the agency determines that the petition has merit, the agency may, pursuant to this chapter, take action to amend the regulation to which the small business objected.

    Sec. 6.  NRS 233B.030 is hereby amended to read as follows:

    233B.030  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 233B.031 to 233B.0385, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

    Sec. 7.  Chapter 237 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 to 15, inclusive, of this act.

    Sec. 8.  As used in sections 8 to 15, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 9, 10 and 11 of this act have the meanings ascribed to them in those sections.

    Sec. 9.  “Business” means a trade or occupation conducted for profit.

    Sec. 10.  “Local government” means a political subdivision of this state, including, without limitation, a city, county, irrigation district, water district or water conservancy district.

    Sec. 11.  “Rule” means an ordinance, regulation, resolution or other type of instrument by the adoption of which the governing body of a local government exercises legislative powers. The term does not include an ordinance, regulation, resolution or other type of instrument by the adoption of which the governing body of a local government exercises legislative powers authorized pursuant to chapter 271, 278, 278A or 278B of NRS.

    Sec. 11.5.  The provisions of sections 8 to 15, inclusive, of this act do not apply with respect to a rule for which a local government does not have the authority to consider less stringent alternatives, including, without limitation, a rule that the local government is required to adopt pursuant to a federal or state statute or regulation or pursuant to a contract or agreement into which the local government has entered.

    Sec. 12.  1.  Before adopting a proposed rule, the governing body of a local government shall determine whether the proposed rule is likely to:

    (a) Impose a direct and significant economic burden upon a business; or

    (b) Directly restrict the formation, operation or expansion of a business.

    2.  If the governing body of a local government determines pursuant to subsection 1 that a proposed rule is likely to impose a direct and significant economic burden upon a business or directly restrict the formation, operation or expansion of a business, the governing body shall:

    (a) Insofar as practicable, consult with trade associations or owners and officers of businesses that are likely to be affected by the proposed rule.

    (b) Consider methods to reduce the impact of the proposed rule on businesses, including, without limitation:

         (1) Simplifying the proposed rule;

         (2) Establishing different standards of compliance for a business; and

         (3) Modifying a fee or fine set forth in the rule so that a business is authorized to pay a lower fee or fine.


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

ê1999 Statutes of Nevada, Page 2073 (Chapter 443, AB 486)ê

 

    (c) Prepare a business impact statement and make copies of the statement available to any interested person before holding a hearing to adopt the rule.

    Sec. 13.  A business impact statement prepared pursuant to section 12 of this act must set forth the following information:

    1.  A description of the manner in which comment was solicited from affected businesses, a summary of their response and an explanation of the manner in which other interested persons may obtain a copy of the summary.

    2.  The estimated economic effect of the proposed rule on the businesses which it is to regulate, including, without limitation:

    (a) Both adverse and beneficial effects; and

    (b) Both direct and indirect effects.

    3.  A description of the methods that the governing body of the local government considered to reduce the impact of the proposed rule on businesses and a statement regarding whether the governing body actually used any of those methods.

    4.  The estimated cost to the local government for enforcement of the proposed rule.

    5.  If the proposed rule provides a new fee or increases an existing fee, the total annual amount the local government expects to collect and the manner in which the money will be used.

    6.  If the proposed rule includes provisions which duplicate or are more stringent than federal, state or local standards regulating the same activity, an explanation of why such duplicative or more stringent provisions are necessary.

    Sec. 14.  1.  A business that is aggrieved by a rule adopted by the governing body of a local government on or after January 1, 2000, may object to all or a part of the rule by filing a petition with the governing body that adopted the rule within 30 days after the date on which the rule was adopted.

    2.  A petition filed pursuant to subsection 1 may be based on the following grounds:

    (a) The governing body of the local government failed to prepare a business impact statement as required pursuant to section 12 of this act; or

    (b) The business impact statement prepared by the governing body pursuant to section 12 of this act did not consider or significantly underestimated the economic effect of the rule on businesses.

    3.  After receiving a petition pursuant to subsection 1, the governing body of a local government shall determine whether the petition has merit. If the governing body determines that the petition has merit, the governing body may take action to amend the rule to which the business objected.

    4.  Each governing body of a local government shall provide a procedure for an aggrieved business to object to a rule adopted by the governing body. The procedure must be filed with the clerk of the local government and available upon request at no charge.


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

ê1999 Statutes of Nevada, Page 2074 (Chapter 443, AB 486)ê

 

    Sec. 15.  The governing body of a local government may adopt a rule without complying with the provisions of sections 8 to 14, inclusive, of this act if the governing body declares, by unanimous vote, that emergency action is necessary to protect public health and safety. Such a rule may remain in effect for not more than 6 months after the date on which it was adopted.

    Sec. 16.  This act becomes effective on January 1, 2000.

________

 

CHAPTER 444, AB 530

Assembly Bill No. 530–Assemblymen Neighbors, Carpenter and Dini

 

Joint Sponsors: Senators McGinness and Jacobsen

 

CHAPTER 444

 

AN ACT relating to veteran affairs; authorizing the Nevada veterans’ services commission to hold additional meetings; expanding the permissible locations at which meetings of the commission may be held; and providing other matters properly relating thereto.

 

[Approved May 31, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 417.170 is hereby amended to read as follows:

    417.170  1.  The Nevada veterans’ services commission shall meet at least four times and not more than [six] eight times every fiscal year.

    2.  Meetings of the veterans’ services commission may be held at the call of the chairman whenever he determines that there is sufficient business to warrant action by the veterans’ services commission or whenever five members of the veterans’ services commission submit a written request for a meeting.

    3.  Meetings of the veterans’ services commission must [alternate between the city in which the office of the executive director is located and] be held:

    (a) In Las Vegas [.] ;

    (b) In Reno; or

    (c) At any other location if conducted by teleconference.

    4.  Notice of the time, place and purpose of all meetings must be given in writing to each member at least 5 days before the meeting.

________

 


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

ê1999 Statutes of Nevada, Page 2075ê

 

CHAPTER 445, AB 533

Assembly Bill No. 533–Assemblyman Brower

 

CHAPTER 445

 

AN ACT relating to hospital districts; authorizing a board of county commissioners to create a hospital district for the sole purpose of contracting for hospital services under certain circumstances; authorizing district hospitals to join purchasing groups to purchase supplies, materials and equipment used by the hospital; authorizing district hospitals under certain circumstances to purchase supplies, material and equipment without complying with the Local Government Purchasing Act; and providing other matters properly relating thereto.

 

[Approved May 31, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 450 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

    Sec. 2.  1.  A board of county commissioners may create a hospital district in an area where no hospital district exists for the sole purpose of contracting with a public agency or a privately owned hospital to provide the services of a hospital to the residents of the district. If such a contract is executed, the board of trustees:

    (a) Shall prepare a budget pursuant to NRS 450.650;

    (b) Shall levy a tax pursuant to NRS 450.660;

    (c) May accept donations pursuant to NRS 450.690;

    (d) May determine medical indigency pursuant to NRS 450.700; and

    (e) May borrow money and incur or assume indebtedness pursuant to NRS 450.665.

    2.  A board of county commissioners shall not create a hospital district pursuant to this section unless it determines that:

    (a) The proposed hospital district constitutes a geographic area of the county that is not served by adequate medical services;

    (b) There is no county hospital or the county hospital is not capable of providing the necessary services; and

    (c) The proposal is approved by a majority of the votes cast on the issue by persons in the proposed hospital district.

    3.  If a hospital district is created pursuant to this section, the board of county commissioners may be designated by ordinance as, ex officio, the board of trustees of the hospital district, notwithstanding the provisions of subsection 3 of NRS 450.620.

    Sec. 3.  The board of trustees may contract with a public agency or a privately owned hospital to provide the services of a hospital to the residents of the hospital district if it determines that:

    1.  There is a need to provide medical services to the residents of the district which are not being provided by the district; or

    2.  It is less costly or more efficient to provide the services of a hospital to the residents of the district by contracting with a public agency or a privately owned hospital.


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

ê1999 Statutes of Nevada, Page 2076 (Chapter 445, AB 533)ê

 

    Sec. 4.  1.  The board of trustees may contract with a company which manages hospitals for the rendering of management services in a district hospital.

    2.  The agreement may provide:

    (a) That the chief executive officer of the hospital must be an employee of the company which manages the hospital; and

    (b) That the hospital may, in accordance with the requirements of section 6 of this act, purchase supplies, materials and equipment through the purchasing contracts of the company which manages the hospital, or through a purchasing group, without complying with the requirements for competitive bidding set forth in chapter 332 of NRS.

    Sec. 5.  1.  A district hospital may, with the approval of the board of trustees, become a member of a purchasing group for the purpose of purchasing supplies, materials and equipment used by the district hospital.

    2.  A district hospital that becomes a member of a purchasing group may, in accordance with the requirements of section 6 of this act, purchase supplies, materials and equipment through the purchasing group without complying with the requirements for competitive bidding set forth in chapter 332 of NRS.

    Sec. 6.  A district hospital that is authorized pursuant to section 4 or 5 of this act to purchase supplies, materials and equipment in accordance with this section through the purchasing contracts of the company that manages the hospital or through a purchasing group may purchase the supplies, materials and equipment without complying with the requirements for competitive bidding set forth in chapter 332 of NRS if:

    1.  The documents pertaining to the proposed purchase, including, without limitation, the prices available to the company or purchasing group, are summarized in writing and, together with a sworn statement by an officer or agent of the company or purchasing group that the prices were obtained by the company or purchasing group through a process of competitive bidding, are presented to the board of trustees at its next regularly scheduled meeting; and

    2.  The board of trustees, after reviewing the summary and statement, finds that the proposed purchase will be made at a lower price than the lowest price reasonably obtainable by the hospital through competitive bidding pursuant to chapter 332 of NRS or available to the hospital pursuant to NRS 333.470 and approves the proposed purchase.

    Sec. 7.  NRS 450.550 is hereby amended to read as follows:

    450.550  As used in NRS 450.550 to 450.750, inclusive, and section 2 to 6, inclusive, of this act, unless the context otherwise requires:

    1.  “Board of trustees” means:

    (a) A board of hospital trustees:

         (1) Elected pursuant to NRS 450.620; or

         (2) Appointed pursuant to NRS 450.625; or

    (b) A board of county commissioners, if that board enacts an ordinance which provides that the board of county commissioners is, ex officio, the board of hospital trustees.

    2.  “District hospital” means a hospital constructed, maintained and governed pursuant to NRS 450.550 to 450.750, inclusive.


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

ê1999 Statutes of Nevada, Page 2077 (Chapter 445, AB 533)ê

 

    Sec. 8.  NRS 450.620 is hereby amended to read as follows:

    450.620  1.  Except as otherwise provided in subsection 2 and NRS 450.625, if a hospital district is created pursuant to NRS 450.550 to 450.750, inclusive, the board of county commissioners shall provide by ordinance for:

    (a) The number of members of the board of trustees;

    (b) The term of office of the trustees, which must not exceed 4 years; and

    (c) The times and manner of the election of the trustees, which must be nonpartisan.

    2.  If a hospital district specified in subsection 1 does not include territory within more than one county, the board of county commissioners may enact an ordinance providing that the board of county commissioners is, ex officio, the board of hospital trustees of the district hospital. If such an ordinance is enacted in a county:

    (a) The county commissioners shall serve as the hospital trustees of the district hospital during their terms of office as county commissioners; and

    (b) If hospital trustees have been elected pursuant to subsection 1, the term of office of each hospital trustee of the district hospital who is serving in that capacity on the effective date of the ordinance is terminated as of the effective date of the ordinance.

    3.  [A] Except as otherwise provided in section 2 of this act, a board of county commissioners shall not enact an ordinance pursuant to subsection 2 unless it determines that:

    (a) The county has fully funded its indigent care account created pursuant to NRS 428.010;

    (b) The county has fulfilled its duty to reimburse the hospital for indigent care provided to qualified indigent patients; and

    (c) During the previous calendar year:

         (1) At least one of the hospital’s accounts payable was more than 90 days in arrears;

         (2) The hospital failed to fulfill its statutory financial obligations, including the payment of taxes, premiums for industrial insurance or contributions to the public employees’ retirement system;

         (3) One or more of the conditions relating to financial emergencies set forth in subsection 1 of NRS 354.685 existed at the hospital; or

         (4) The hospital received notice from the Federal Government or the State of Nevada that the certification or license of the hospital was in imminent jeopardy of being revoked because the hospital had not carried out a previously established plan of action to correct previously noted deficiencies found by the regulatory body.

________

 


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

ê1999 Statutes of Nevada, Page 2078ê

 

CHAPTER 446, AB 569

Assembly Bill No. 569–Assemblymen Williams and Giunchigliani

 

CHAPTER 446

 

AN ACT relating to zoning; revising the type of notice that certain governing bodies must provide for certain proposed amendments to the boundary of a zoning district; revising the requirements for the approval of an amendment of the boundary of a zoning district in certain circumstances; requiring the governing body of certain counties to give notice to the governing body of a city of zoning regulations, restrictions or boundaries or amendments thereof in certain unincorporated areas; and providing other matters properly relating thereto.

 

[Approved May 31, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 278.260 is hereby amended to read as follows:

    278.260  1.  The governing body shall provide for the manner in which zoning regulations and restrictions and the boundaries of zoning districts are determined, established, enforced and amended.

    2.  A zoning regulation, restriction or boundary must not become effective until after a public hearing at which parties in interest and other persons have an opportunity to be heard. The governing body shall cause notice of the time and place of the hearing to be:

    (a) Published in an official newspaper, or a newspaper of general circulation, in the city, county or region; and

    (b) Mailed to each tenant of a mobile home park if that park is located within 300 feet of the property in question,

at least 10 days before the hearing.

    3.  If the proposed amendment involves a change in the boundary of a zoning district in a county whose population is less than 400,000, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent at least 10 days before the hearing to:

    (a) The applicant;

    (b) Each owner, as listed on the county assessor’s records, of real property located within 300 feet of the portion of the boundary being changed;

    (c) Each owner, as listed on the county assessor’s records, of at least 30 parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given pursuant to paragraph (b); and

    (d) Any advisory board which has been established for the affected area by the governing body.

The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed change. If the proposed amendment involves a change in the boundary of the zoning district that would reduce the density or intensity with which a parcel of land may be used, the notice must include a section that an owner of property may complete and return to the governing body to indicate his approval of or opposition to the proposed amendment.


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ê1999 Statutes of Nevada, Page 2079 (Chapter 446, AB 569)ê

 

include a section that an owner of property may complete and return to the governing body to indicate his approval of or opposition to the proposed amendment.

    4.  If the proposed amendment involves a change in the boundary of a zoning district in a county whose population is 400,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent at least 10 days before the hearing to:

    (a) The applicant;

    (b) Each owner, as listed on the county assessor’s records, of real property located within 500 feet from the portion of the boundary being changed;

    (c) Each owner, as listed on the county assessor’s records, of at least 30 parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given pursuant to paragraph (b); and

    (d) Any advisory board which has been established for the affected area by the governing body.

The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed change. If the proposed amendment involves a change in the boundary of the zoning district that would reduce the density or intensity with which a parcel of land may be used, the notice must include a section that an owner of property may complete and return to the governing body to indicate his approval of or opposition to the proposed amendment.

    5.  If a notice is required to be sent pursuant to subsection 4:

    (a) The exterior of a notice sent by mail; or

    (b) The cover sheet, heading or subject line of a notice sent by electronic means,

must bear a statement in at least 10-point bold type or font in substantially the following form:

 

OFFICIAL NOTICE OF PUBLIC HEARING

 

    6.  In addition to sending the notice required pursuant to subsection 4, in a county whose population is 400,000 or more, the governing body shall, no later than 10 days before the hearing, erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:

    (a) The existing zoning designation of the property in question;

    (b) The proposed zoning designation of the property in question;

    (c) The date, time and place of the public hearing;

    (d) A telephone number which may be used by interested persons to obtain additional information; and


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ê1999 Statutes of Nevada, Page 2080 (Chapter 446, AB 569)ê

 

    (e) A statement which indicates whether the proposed zoning designation of the property in question complies with the requirements of the master plan of the city or county in which the property is located.

    7.  A sign required pursuant to subsection 6 is for informational purposes only, and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.

    8.  A governing body may charge an additional fee for each application to amend an existing zoning regulation, restriction or boundary to cover the actual costs resulting from the mailed notice required by this section and the erection of not more than one of the signs required by subsection 6, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.

    9.  The governing body shall remove or cause to be removed any sign required by subsection 6 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.

    10.  If a proposed amendment involves a change in the boundary of a zoning district in a county whose population is 400,000 or more that would reduce the density or intensity with which a parcel of land may be used and at least 20 percent of the property owners to whom notices were sent pursuant to subsections 3 and 4 indicate in their responses opposition to the proposed amendment, the governing body shall not approve the proposed amendment unless the governing body:

    (a) Considers separately the merits of each aspect of the proposed amendment to which the owners expressed opposition; and

    (b) Makes a written finding that the public interest and necessity will be promoted by the approval of the proposed amendment.

    11.  The governing body of a county whose population is 400,000 or more shall not approve a zoning regulation, restriction or boundary, or amendment thereof, that affects any unincorporated area of the county that is surrounded completely by the territory of an incorporated city without sending a notice to the governing body of the city. The governing body of the city, or its designee, must submit any recommendations to the governing body of the county within 15 days after receiving the notice. The governing body of the county shall consider any such recommendations. If the governing body of the county does not accept a recommendation, the governing body of the county, or its authorized agent, shall specify for the record the reasons for its action.

    Sec. 2.  Section 3 of Senate Bill No. 121 of this session is hereby amended to read as follows:

     Sec. 3.  NRS 278.260 is hereby amended to read as follows:

     278.260  1.  The governing body shall provide for the manner in which zoning regulations and restrictions and the boundaries of zoning districts are determined, established, enforced and amended.

     2.  A zoning regulation, restriction or boundary must not become effective until after a public hearing at which parties in interest and other persons have an opportunity to be heard. The governing body shall cause notice of the time and place of the hearing to be:

     (a) Published in an official newspaper, or a newspaper of general circulation, in the city, county or region; and


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

ê1999 Statutes of Nevada, Page 2081 (Chapter 446, AB 569)ê

 

     (b) Mailed to each tenant of a mobile home park if that park is located within 300 feet of the property in question,

at least 10 days before the hearing.

     3.  If the proposed amendment involves a change in the boundary of a zoning district in a county whose population is less than 400,000, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent at least 10 days before the hearing to:

     (a) The applicant;

     (b) Each owner, as listed on the county assessor’s records, of real property located within 300 feet of the portion of the boundary being changed;

     (c) Each owner, as listed on the county assessor’s records, of at least 30 parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given pursuant to paragraph (b); and

     (d) Any advisory board which has been established for the affected area by the governing body.

The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed change [.] , must indicate the existing zoning designation, and the proposed zoning designation, of the property in question, and must contain a brief summary of the intent of the proposed change. If the proposed amendment involves a change in the boundary of the zoning district that would reduce the density or intensity with which a parcel of land may be used, the notice must include a section that an owner of property may complete and return to the governing body to indicate his approval of or opposition to the proposed amendment.

     4.  If the proposed amendment involves a change in the boundary of a zoning district in a county whose population is 400,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent at least 10 days before the hearing to:

     (a) The applicant;

     (b) Each owner, as listed on the county assessor’s records, of real property located within 500 feet from the portion of the boundary being changed;

     (c) Each owner, as listed on the county assessor’s records, of at least 30 parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given pursuant to paragraph (b); and

     (d) Any advisory board which has been established for the affected area by the governing body.

The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand.


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ê1999 Statutes of Nevada, Page 2082 (Chapter 446, AB 569)ê

 

by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed change [.] , must indicate the existing zoning designation, and the proposed zoning designation, of the property in question, and must contain a brief summary of the intent of the proposed change. If the proposed amendment involves a change in the boundary of the zoning district that would reduce the density or intensity with which a parcel of land may be used, the notice must include a section that an owner of property may complete and return to the governing body to indicate his approval of or opposition to the proposed amendment.

     5.  If a notice is required to be sent pursuant to subsection 4:

     (a) The exterior of a notice sent by mail; or

     (b) The cover sheet, heading or subject line of a notice sent by electronic means,

must bear a statement in at least 10-point bold type or font in substantially the following form:

 

OFFICIAL NOTICE OF PUBLIC HEARING

 

     6.  In addition to sending the notice required pursuant to subsection 4, in a county whose population is 400,000 or more, the governing body shall, [no] not later than 10 days before the hearing, erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:

     (a) The existing zoning designation of the property in question;

     (b) The proposed zoning designation of the property in question;

     (c) The date, time and place of the public hearing;

     (d) A telephone number which may be used by interested persons to obtain additional information; and

     (e) A statement which indicates whether the proposed zoning designation of the property in question complies with the requirements of the master plan of the city or county in which the property is located.

     7.  A sign required pursuant to subsection 6 is for informational purposes only, and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.

     8.  A governing body may charge an additional fee for each application to amend an existing zoning regulation, restriction or boundary to cover the actual costs resulting from the mailed notice required by this section and the erection of not more than one of the signs required by subsection 6, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.


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ê1999 Statutes of Nevada, Page 2083 (Chapter 446, AB 569)ê

 

     9.  The governing body shall remove or cause to be removed any sign required by subsection 6 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.

   10.  If a proposed amendment involves a change in the boundary of a zoning district in a county whose population is 400,000 or more that would reduce the density or intensity with which a parcel of land may be used and at least 20 percent of the property owners to whom notices were sent pursuant to subsections 3 and 4 indicate in their responses opposition to the proposed amendment, the governing body shall not approve the proposed amendment unless the governing body:

     (a) Considers separately the merits of each aspect of the proposed amendment to which the owners expressed opposition; and

     (b) Makes a written finding that the public interest and necessity will be promoted by approval of the proposed amendment.

   11.  The governing body of a county whose population is 400,000 or more shall not approve a zoning regulation, restriction or boundary, or the amendment thereof, that affects any unincorporated area of the county that is surrounded completely by the territory of an incorporated city without sending a notice to the governing body of the city. The governing body of the city, or its designee, must submit any recommendations to the governing body of the county within 15 days after receiving the notice. The governing body of the county shall consider any such recommendations. If the governing body of the county does not accept a recommendation, the governing body of the county, or its authorized agent, shall specify for the record the reasons for its action.

    Sec. 3.  1.  This section and section 1 of this act become effective at 12:01 a.m. on October 1, 1999.

    2.  Section 2 of this act becomes effective at 12:02 a.m. on October 1, 1999.

________

 


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ê1999 Statutes of Nevada, Page 2084ê

 

CHAPTER 447, AB 604

Assembly Bill No. 604–Committee on Government Affairs

 

CHAPTER 447

 

AN ACT relating to roads; providing for the creation of districts for the maintenance of roads; and providing other matters properly relating thereto.

 

[Approved May 31, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Title 25 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 15, inclusive, of this act.

    Sec. 2.  As used in sections 2 to 15, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 3.  “Board” means the board of directors of a district.

    Sec. 4.  “District” means a district for the maintenance of roads created by section 7 of this act.

    Sec. 5.  “Maintenance” means any activity necessary to preserve the useful life of a road, including, without limitation, painting, repairing, grading, oiling, patching, resurfacing, sanding, sweeping, washing and removing ice and snow.

    Sec. 6.  “Road” means any road, highway or thoroughfare that:

    1.  Is used for vehicular traffic; and

    2.  Is partially or entirely located within a district.

    Sec. 7.  1.  The owners of real property within an unincorporated area of a county whose population is less than 100,000 may initiate the creation of a district by filing a petition signed by at least 66 2/3 percent of the owners with the board of county commissioners of the county where the proposed district is located. A district may not include territory located within more than one county.

    2.  A petition filed pursuant to subsection 1 must include:

    (a) The name, address and signature of each person named in the petition;

    (b) The total acreage of the area proposed to be included within the district;

    (c) The number of owners of real property in that area;

    (d) A detailed map of that area;

    (e) A description of any proposed contract for the maintenance of roads in the district; and

    (f) The estimated annual cost to perform the proposed contracts to maintain roads in the district.

    3.  If a petition is filed pursuant to subsection 1, the board of county commissioners with whom the petition is filed shall hold a hearing to consider the petition at its next regularly scheduled meeting held after the date the petition is filed.


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ê1999 Statutes of Nevada, Page 2085 (Chapter 447, AB 604)ê

 

    4.  Except as otherwise provided in this subsection, if a board of county commissioners decides to create a district after holding a hearing pursuant to subsection 3, it shall, at its next regularly scheduled meeting held after the hearing is conducted, adopt a resolution creating the district. A board of county commissioners shall not adopt a resolution pursuant to this subsection if, within 60 days after a hearing is held pursuant to subsection 3, 51 percent or more of the owners of real property within the proposed district file a petition with the board of county commissioners opposing the creation of the district.

    5.  A resolution adopted pursuant to subsection 4 must include a procedure to allow a person who owns real property within the district to apply for a hardship determination that would exempt him from paying the fees assessed pursuant to this chapter. The procedure must include, without limitation:

    (a) A method for allowing a person who owns real property within the district to submit to the board a written application for a hardship determination at least 90 days before the due date of an assessment;

    (b) A method for determining whether such a person qualifies for a hardship exemption;

    (c) A requirement for the periodic renewal of the hardship determination;

    (d) A requirement that the board make a decision on the application within 30 days after the filing of the application;

    (e) A requirement that the board notify the board of county commissioners in writing of the denial of an application and the reason for denying the application; and

    (f) A procedure for appealing the denial of an application by the board to the board of county commissioners.

    Sec. 8.  1.  After adopting a resolution creating a district, the board of county commissioners shall appoint five persons to serve as the initial members of the board. A member of the board appointed pursuant to this subsection:

    (a) Must be a qualified elector of the district; and

    (b) Serves in that office until his successor is elected pursuant to section 9 of this act.

    2.  Each member of the board must qualify for appointment by filing in the office of the county clerk where the district is located:

    (a) A written oath of office signed by the member; and

    (b) A bond in an amount of not more than $10,000 as determined by the board of county commissioners. The bond must be filed in a form approved by the board of county commissioners and be conditioned upon the satisfactory performance of the duties of the member filing the bond. The board of county commissioners may, from time to time, increase or decrease the amount of the bond.

    Sec. 9.  1.  A biennial election for the district must be held simultaneously with the first general election in the county held after the district is created and simultaneously with each general election held thereafter.


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ê1999 Statutes of Nevada, Page 2086 (Chapter 447, AB 604)ê

 

    2.  The office of a member of the board is a nonpartisan office. The general election laws of this state govern the candidacy, nominations and election of a member of the board. Except as otherwise provided in subsection 3, the term of office of a member of the board is 4 years.

    3.  At the first biennial election of the district, there must be elected by the qualified voters of the district:

    (a) Two qualified electors as members of the board to serve for terms of 2 years; and

    (b) Three qualified electors as members of the board to serve for terms of 4 years.

    4.  The secretary of the board shall provide notice of the election by publication and take any other action concerning the election as the county clerk or the registrar of voters may direct.

    5.  A member of the board who is elected must qualify in the same manner as a member of the initial board pursuant to section 8 of this act.

    Sec. 10.  1.  After taking oaths and filing bonds, the members of the board shall, by a majority vote, elect a chairman, vice chairman, secretary and treasurer from among the members. The secretary and treasurer may be one person. After the initial election, the chairman, vice chairman, secretary and treasurer serve in that office for a term of 1 year beginning on July 1 of each year. If a vacancy occurs in any of those offices, the members of the board shall elect a member of the board to serve in that office for the remainder of the unexpired term.

    2.  Three members of the board constitute a quorum, and a quorum may exercise all the powers and duties of the board.

    3.  The board shall:

    (a) Meet at such times and places specified by a call of the chairman or by a majority of the members of the board;

    (b) Adopt bylaws prescribing its management and government; and

    (c) Comply with the provisions of chapter 241 of NRS.

    4.  The members of the board serve without compensation and are not entitled to the per diem and travel expenses provided for state officers and employees generally.

    5.  If a vacancy occurs in the membership of the board, the remaining members of the board shall appoint a person to serve on the board until his successor is elected and qualified. A person appointed to serve on the board pursuant to this subsection must qualify in the manner provided in section 8 of this act. If the board fails to fill a vacancy within 30 days after the vacancy occurs, the board of county commissioners where the district is located shall appoint a person to serve on the board in the manner provided in this subsection.

    Sec. 11.  The board:

    1.  Shall enter into any contract it determines is necessary to maintain any road; and

    2.  May take any other action it determines is necessary to carry out the provisions of sections 2 to 15, inclusive, of this act.

    Sec. 12.  1.  On or before April 1 of each year, the board shall:

    (a) Determine the total cost for each contract entered into pursuant to section 11 of this act for the next ensuing fiscal year;


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

ê1999 Statutes of Nevada, Page 2087 (Chapter 447, AB 604)ê

 

    (b) Apportion that cost among the owners of real property by parcel number within the district:

         (1) Based upon the relative special benefit received by each parcel of land; and

         (2) Using a method of apportionment that is fair and equitable and is approved by the board of county commissioners of the county where the district is located;

    (c) Submit a written report to the board of county commissioners specifying the total cost determined pursuant to paragraph (a) and the amount apportioned for each parcel of land within the district pursuant to paragraph (b); and

    (d) Submit a written report to the board of county commissioners:

         (1) Specifying the total cost for performing contracts for the maintenance of roads in the district for the preceding year; and

         (2) Addressing whether the goals and objectives of the district relating to the maintenance of such roads have been accomplished.

    2.  Upon receipt of the report, the board of county commissioners shall collect the assessments specified in the report for the next ensuing fiscal year. The assessments must be collected at the same time and in the same manner, and with like interest and penalties, as any taxes on real property are collected by the county. Any such assessment, until paid, is a lien upon the real property assessed equal in priority to a lien for general taxes, and may be collected in the same manner.

    Sec. 13.  1.  The board of county commissioners shall establish, with the county treasurer, a special account in the general fund of the county for money collected pursuant to section 12 of this act. The account is a separate and continuing account and no money in the account reverts to the general fund of the county at any time. Any money collected by the board of county commissioners pursuant to section 12 of this act must be deposited in the account. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.

    2.  Any money in the account must be used only to carry out the provisions of sections 2 to 15, inclusive, of this act.

    3.  The county treasurer shall pay any claim against the account that is:

    (a) Submitted by the board to pay for a contract entered into pursuant to section 11 of this act; and

    (b) Signed by the chairman and vice chairman of the board.

    Sec. 14.  1.  A district may be dissolved:

    (a) If 51 percent or more of the owners of real property within the district file a petition with the board of county commissioners requesting the dissolution of the district; or

    (b) If the board of county commissioners adopts a resolution on its own motion dissolving the district.

If a petition is filed pursuant to this subsection, the board of county commissioners shall, at its next regularly scheduled meeting after the petition is filed, adopt a resolution dissolving the district. A resolution adopted pursuant to this subsection becomes effective after all contracts for the maintenance of a road entered into by the board pursuant to section 11 of this act have expired.


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

ê1999 Statutes of Nevada, Page 2088 (Chapter 447, AB 604)ê

 

the maintenance of a road entered into by the board pursuant to section 11 of this act have expired.

    2.  If a resolution is adopted by a board of county commissioners pursuant to subsection 1, the board of county commissioners shall, within 30 days after the date the resolution becomes effective, determine whether:

    (a) Any expenses of the district have not been paid; and

    (b) The money in the account created pursuant to section 13 of this act is sufficient to pay those expenses.

    3.  If the board of county commissioners determines pursuant to subsection 2 that the money in the account:

    (a) Is sufficient to pay the expenses specified in that subsection, the board of county commissioners shall, within 10 days after making that determination, pay those expenses from that account and, if any money remains in the account after paying those expenses, refund that money to the owners of real property within the district in a manner that is fair and equitable; or

    (b) Is insufficient to pay those expenses, the board of county commissioners shall, within 10 days after making that determination, assess each of those owners equally.

    4.  If the board of county commissioners assesses an owner of real property pursuant to paragraph (b) of subsection 3, it shall, within 30 days after making the assessment, provide a written notice of the amount of the assessment to the owner. The owner shall, within 30 days after receiving the notice, pay to the board of county commissioners the amount specified in the notice.

    Sec. 15.  An owner of real property that is located within a district shall not sell that real property unless the owner provides a written notice to the purchaser of the real property:

    1.  Stating that the real property is located within the district; and

    2.  Specifying the amount of the assessments paid for that real property pursuant to sections 2 to 15, inclusive, of this act for:

    (a) The immediately preceding 2 years, if the district has been in existence for 2 years or more before the date the notice is provided to the purchaser; or

    (b) The period since the district was created, if the district has been in existence for less than 2 years before the date the notice is provided to the purchaser.

    Sec. 16.  This act becomes effective on July 1, 1999.

________

 


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

ê1999 Statutes of Nevada, Page 2089ê

 

CHAPTER 448, AB 621

Assembly Bill No. 621–Committee on Judiciary

 

CHAPTER 448

 

AN ACT relating to the central repository for Nevada records of criminal history; requiring certain agencies of criminal justice to submit certain records to the central repository for Nevada records of criminal history; authorizing the central repository to disseminate information contained in the central repository by electronic means; making various other changes concerning the central repository for Nevada records of criminal history; and providing other matters properly relating thereto.

 

[Approved May 31, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 179.275 is hereby amended to read as follows:

    179.275  Where the court orders the sealing of a record pursuant to NRS 179.245, 179.255 or 453.3365, a copy of the order must be sent to [each] :

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

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

    Sec. 2.  NRS 179A.070 is hereby amended to read as follows:

    179A.070  1.  “Record of criminal history” means information contained in records collected and maintained by agencies of criminal justice, the subject of which is a natural person, consisting of descriptions which identify the subject and notations of summons in a criminal action, warrants, arrests, [detention,] citations for misdemeanors issued pursuant to NRS 171.1773, citations issued for violations of NRS 484.379 and 484.3795, detentions, decisions of a district attorney or the attorney general not to prosecute the subject, indictments, informations or other formal criminal charges and dispositions of charges, including , without limitation, dismissals, acquittals, convictions, sentences, information set forth in section 7 of this act concerning an offender in prison, any post-conviction relief, correctional supervision occurring in Nevada, information concerning the status of an offender on parole or probation, and information concerning a convicted person who has registered as such pursuant to chapter 179C of NRS. The term includes only information contained in [memoranda] a record, maintained in written or electronic form, of a formal [transactions] transaction between a person and an agency of criminal justice in this state [. The term is intended to be equivalent to the phrase “criminal history record information” as used in federal regulations.] , including, without limitation, the fingerprints of a person who is arrested and taken into custody and of a person who is placed on parole or probation and supervised by the division of parole and probation of the department.

    2.  “Record of criminal history” does not include:

    (a) Investigative or intelligence information, reports of crime or other information concerning specific persons collected in the course of the enforcement of criminal laws ; [.]

    (b) Information concerning juveniles ; [.]


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

ê1999 Statutes of Nevada, Page 2090 (Chapter 448, AB 621)ê

 

    (c) Posters, announcements or lists intended to identify fugitives or wanted persons and aid in their apprehension ; [.]

    (d) Original records of entry maintained by agencies of criminal justice if the records are chronological and not cross-indexed ; [in any other way.]

    (e) Records of application for and issuance, suspension, revocation or renewal of occupational licenses, including , without limitation, permits to work in the gaming industry [.

    (f) Court] ;

    (f) Except as otherwise provided in subsection 1, court indices and records of public judicial proceedings, court decisions and opinions, and information disclosed during public judicial proceedings ; [.]

    (g) [Records] Except as otherwise provided in subsection 1, records of traffic violations constituting misdemeanors ; [.]

    (h) Records of traffic offenses maintained by the department to regulate the issuance, suspension, revocation or renewal of drivers’ or other operators’ licenses ; [.]

    (i) Announcements of actions by the state board of pardons commissioners and the state board of parole commissioners, except information concerning the status of an offender on parole or probation [.] ; or

    (j) Records which originated in an agency other than an agency of criminal justice in this state.

    Sec. 3.  NRS 179A.075 is hereby amended to read as follows:

    179A.075  1.  The central repository for Nevada records of criminal history is hereby created within the Nevada highway patrol division of the department.

    2.  Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:

    (a) Collect and maintain records, reports and compilations of statistical data required by the department; and

    (b) Submit the information collected to the central repository in the manner recommended by the advisory committee and approved by the director of the department.

    3.  Each agency of criminal justice shall submit the information relating to sexual offenses and other records of criminal history that it [collects,] creates or issues, and any information in its possession relating to the genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense, to the division in the manner prescribed by the director of the department. [A report of disposition] The information must be submitted to the division:

    (a) Through an electronic network;

    (b) On a medium of magnetic storage; or

    (c) In the manner prescribed by the director of the department,

within [30 days after the date of disposition.] the period prescribed by the director of the department. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the division. The division shall delete all references in the central repository relating to that particular arrest.


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

ê1999 Statutes of Nevada, Page 2091 (Chapter 448, AB 621)ê

 

    4.  The division shall [:] , in the manner prescribed by the director of the department:

    (a) Collect, maintain and arrange all information submitted to it relating to:

         (1) Sexual offenses and other records of criminal history; and

         (2) The genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense.

    (b) [Use] When practicable, use a record of the [subject’s fingerprints] personal identifying information of a subject as the basis for any records maintained regarding him.

    (c) Upon request during a state of emergency proclaimed pursuant to NRS 414.070, provide the information that is contained in the central repository to the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety.

    5.  The division may:

    (a) Disseminate any information which is contained in the central repository to any other agency of criminal justice;

    (b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of [such information;] information that may be disseminated pursuant to paragraph (a); and

    (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person [:] whose record of fingerprints the central repository submits to the Federal Bureau of Investigation and:

         (1) Who has applied to any agency of the [state] State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;

         (2) With whom any agency of the [state] State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;

         (3) About whom any agency of the [state] State of Nevada or any political subdivision thereof has a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction; or

         (4) For whom such information is required to be obtained pursuant to NRS 449.179.

    6.  The central repository shall:

    (a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

    (b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.

    (c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the central repository.

    (d) Investigate the criminal history of any person who:

         (1) Has applied to the superintendent of public instruction for a license;

         (2) Has applied to a county school district for employment; or


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

ê1999 Statutes of Nevada, Page 2092 (Chapter 448, AB 621)ê

 

         (3) Is employed by a county school district,

and notify the superintendent of each county school district and the superintendent of public instruction if the investigation of the central repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.

    (e) Upon discovery, notify the superintendent of each county school district by providing him with a list of all persons:

         (1) Investigated pursuant to paragraph (d); or

         (2) Employed by a county school district whose fingerprints were sent previously to the central repository for investigation,

who the central repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the central repository’s initial investigation. The superintendent of each county school district shall determine whether further investigation or action by the district is appropriate.

    (f) Investigate the criminal history of each person who submits fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or 449.179.

    (g) On or before July 1 of each year, prepare and present to the governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the governor throughout the year regarding specific areas of crime if they are recommended by the advisory committee and approved by the director of the department.

    (h) On or before [January 31] July 1 of each [odd-numbered] year, prepare and submit to the director of the legislative counsel bureau, for submission to the legislature, or the legislative commission when the legislature is not in regular session, a report containing statistical data about domestic violence in this state.

    (i) Identify and review the collection and processing of statistical data relating to criminal justice and the delinquency of children by any agency identified in subsection 2, and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

    7.  The central repository may:

    (a) At the recommendation of the advisory committee and in the manner prescribed by the director of the department, disseminate compilations of statistical data and publish statistical reports relating to crime or the delinquency of children.

    (b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The central repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety. All money collected pursuant to this paragraph must be used to pay for the cost of operating the central repository.


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

ê1999 Statutes of Nevada, Page 2093 (Chapter 448, AB 621)ê

 

to this paragraph must be used to pay for the cost of operating the central repository.

    (c) In the manner prescribed by the director of the department, use electronic means to receive and disseminate information contained in the central repository that it is authorized to disseminate pursuant to the provisions of this chapter.

    8.  As used in this [section, “advisory] section:

    (a) “Advisory committee” means the committee established by the director of the department pursuant to NRS 179A.078.

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

         (1) The name, driver’s license number, social security number, date of birth and photograph or computer generated image of a person; and

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

    Sec. 4.  NRS 62.350 is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

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

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

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


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

ê1999 Statutes of Nevada, Page 2094 (Chapter 448, AB 621)ê

 

    (b) Must be submitted to the central repository for Nevada records of criminal history if the child is adjudicated delinquent for an act that, if committed by an adult, would be a felony or sexual offense, and may be submitted to the central repository for any other act. Any such fingerprints submitted to the central repository must be submitted with a description of the child and the unlawful act, if any, that the child committed. The central repository shall retain the fingerprints and such information of the child under special security measures that limit inspection of the fingerprints and such information to law enforcement officers who are conducting criminal investigations and to officers and employees of the central repository who are assisting law enforcement officers with criminal investigations or who are conducting research or performing a statistical analysis.

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

    4.  A child who is in custody must be photographed for the purpose of identification. Except as otherwise provided in this subsection, the photographs of the child must be kept in the file pertaining to the child under special security measures that limit inspection of the photographs to law enforcement officers who are conducting criminal investigations. 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.

    Sec. 5.  NRS 202.366 is hereby amended to read as follows:

    202.366  1.  Upon receipt by a sheriff of an application for a permit, the sheriff shall conduct an investigation of the applicant to determine if he is eligible for a permit. In conducting the investigation, the sheriff shall forward a complete set of the applicant’s fingerprints to the central repository for Nevada [highway patrol division of the department] records of criminal history and the Federal Bureau of Investigation for a report concerning the criminal history of the applicant. The sheriff shall issue a permit to the applicant unless he is not qualified to possess a handgun [under] pursuant to state or federal law or is not otherwise qualified to obtain a permit pursuant to NRS 202.3653 to 202.369, inclusive, or the regulations adopted pursuant thereto.

    2.  To assist the sheriff in conducting his investigation, any local law enforcement agency, including the sheriff of any county, may voluntarily submit to the sheriff a report or other information concerning the criminal history of an applicant.

    3.  Within 120 days after a complete application for a permit is submitted, the sheriff to whom the application is submitted shall grant or deny the application. If the application is denied, the sheriff shall send the applicant written notification setting forth the reasons for the denial. If the application is granted, the sheriff shall provide the applicant with a permit containing a colored photograph of the applicant and containing such other information as may be prescribed by the department. The permit must be in substantially the following form: NEVADA CONCEALED FIREARM PERMIT

 

 


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ê1999 Statutes of Nevada, Page 2095 (Chapter 448, AB 621)ê

 

NEVADA CONCEALED FIREARM PERMIT

 

County..............................................           Permit Number..............................

Expires...............................................           Date of Birth.................................

Height................................................           Weight............................................

Name.................................................           Address...........................................

City....................................................           Zip...................................................

    Photograph

Signature...........................................

Issued by...........................................

Date of Issue....................................

Make, model and caliber of firearm authorized...........................................

 

    4.  Unless suspended or revoked by the sheriff who issued the permit, a permit expires on the fifth anniversary of the permittee’s birthday, measured from the birthday nearest the date of issuance or renewal. If the date of birth of a permittee is on February 29 in a leap year, for the purposes of NRS 202.3653 to 202.369, inclusive, his date of birth shall be deemed to be on February 28.

    Sec. 6.  NRS 202.3687 is hereby amended to read as follows:

    202.3687  1.  The provisions of NRS 202.3653 to 202.369, inclusive, do not prohibit a sheriff from issuing a temporary permit to carry a concealed firearm. A temporary permit may include, but is not limited to, provisions specifying the period for which the permit is valid.

    2.  Each sheriff who issues a permit pursuant to the provisions of NRS 202.3653 to 202.369, inclusive, shall [, upon request by the department,] provide such information concerning the permit and the person to whom it is issued [as is deemed necessary by the department for inclusion in] to the central repository for Nevada records of criminal history.

    Sec. 7.  Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:

    The department shall collect and submit to the central repository for Nevada records of criminal history:

    1.  A record of:

    (a) The name and fingerprints of each offender serving a term of imprisonment in an institution or facility of the department;

    (b) The length of the term of imprisonment of the offender, including, without limitation, the number of days served during a period of pretrial detention, if any; and

    (c) The date of admission of the offender; and

    2.  A notice of the release of each offender.

    Sec. 8.  Section 2 of Assembly Bill No. 165 of this session is hereby amended to read as follows:

   Sec. 2.  NRS 62.350 is hereby amended to read as follows:

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

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

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


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

ê1999 Statutes of Nevada, Page 2096 (Chapter 448, AB 621)ê

 

         (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. 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.


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

ê1999 Statutes of Nevada, Page 2097 (Chapter 448, AB 621)ê

 

     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 [limit inspection of] the photographs [to law enforcement officers who are conducting] 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.

    Sec. 9.  Section 22 of Assembly Bill No. 626 of this session is hereby amended to read as follows:

   Sec. 22.  NRS 179A.075 is hereby amended to read as follows:

     179A.075  1.  The central repository for Nevada records of criminal history is hereby created within the Nevada highway patrol division of the department.

     2.  Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:

     (a) Collect and maintain records, reports and compilations of statistical data required by the department; and

     (b) Submit the information collected to the central repository in the manner recommended by the advisory committee and approved by the director of the department.

     3.  Each agency of criminal justice shall submit the information relating to sexual offenses and other records of criminal history that it creates or issues, and any information in its possession relating to the genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense, to the division in the manner prescribed by the director of the department. The information must be submitted to the division:

     (a) Through an electronic network;

     (b) On a medium of magnetic storage; or

     (c) In the manner prescribed by the director of the department,

within the period prescribed by the director of the department. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the division. The division shall delete all references in the central repository relating to that particular arrest.

     4.  The division shall, in the manner prescribed by the director of the department:

     (a) Collect, maintain and arrange all information submitted to it relating to:

         (1) Sexual offenses and other records of criminal history; and

         (2) The genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense.


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

ê1999 Statutes of Nevada, Page 2098 (Chapter 448, AB 621)ê

 

     (b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him.

     (c) Upon request during a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070, provide the information that is contained in the central repository to the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety.

     5.  The division may:

     (a) Disseminate any information which is contained in the central repository to any other agency of criminal justice;

     (b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and

     (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints the central repository submits to the Federal Bureau of Investigation and:

         (1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;

         (2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;

         (3) About whom any agency of the State of Nevada or any political subdivision thereof has a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction; or

         (4) For whom such information is required to be obtained pursuant to NRS 449.179.

     6.  The central repository shall:

     (a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

     (b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.

     (c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the central repository.

     (d) Investigate the criminal history of any person who:

         (1) Has applied to the superintendent of public instruction for a license;

         (2) Has applied to a county school district for employment; or

         (3) Is employed by a county school district,

and notify the superintendent of each county school district and the superintendent of public instruction if the investigation of the central repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.


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

ê1999 Statutes of Nevada, Page 2099 (Chapter 448, AB 621)ê

 

     (e) Upon discovery, notify the superintendent of each county school district by providing him with a list of all persons:

         (1) Investigated pursuant to paragraph (d); or

         (2) Employed by a county school district whose fingerprints were sent previously to the central repository for investigation,

who the central repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the central repository’s initial investigation. The superintendent of each county school district shall determine whether further investigation or action by the district is appropriate.

     (f) Investigate the criminal history of each person who submits fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or 449.179.

     (g) On or before July 1 of each year, prepare and present to the governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the governor throughout the year regarding specific areas of crime if they are recommended by the advisory committee and approved by the director of the department.

     (h) On or before July 1 of each year, prepare and submit to the director of the legislative counsel bureau, for submission to the legislature, or the legislative commission when the legislature is not in regular session, a report containing statistical data about domestic violence in this state.

     (i) Identify and review the collection and processing of statistical data relating to criminal justice and the delinquency of children by any agency identified in subsection 2, and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

     7.  The central repository may:

     (a) At the recommendation of the advisory committee and in the manner prescribed by the director of the department, disseminate compilations of statistical data and publish statistical reports relating to crime or the delinquency of children.

     (b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The central repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety. All money collected pursuant to this paragraph must be used to pay for the cost of operating the central repository.

     (c) In the manner prescribed by the director of the department, use electronic means to receive and disseminate information contained in the central repository that it is authorized to disseminate pursuant to the provisions of this chapter.


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

ê1999 Statutes of Nevada, Page 2100 (Chapter 448, AB 621)ê

 

   8.  As used in this section:

   (a) “Advisory committee” means the committee established by the director of the department pursuant to NRS 179A.078.

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

                   (1) The name, driver’s license number, social security number, date of birth and photograph or computer generated image of a person; and

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

    Sec. 10.  This act becomes effective upon passage and approval.

________

 

CHAPTER 449, SB 375

Senate Bill No. 375–Senator Schneider

 

CHAPTER 449

 

AN ACT relating to trade secrets; prohibiting certain acts related to trade secrets; authorizing a court to award exemplary damages in certain circumstances; clarifying certain means that a court may use to preserve the secrecy of an alleged trade secret; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 7, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 600A of NRS is hereby amended by adding thereto a new section to read as follows:

    A person who, with intent to injure an owner of a trade secret or with reason to believe that his actions will injure an owner of a trade secret, without limitation:

    1.  Steals, misappropriates, takes or conceals a trade secret or obtains a trade secret through fraud, artifice or deception;

    2.  Wrongfully copies, duplicates, sketches, draws, photographs, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates or conveys a trade secret;

    3.  Receives, buys or possesses a trade secret with knowledge or reason to know that the trade secret was obtained as described in subsection 1 or 2;

    4.  Attempts to commit an offense described in subsection 1, 2 or 3;

    5.  Solicits another person to commit an offense described in subsection 1, 2 or 3; or

    6.  Conspires to commit an offense described in subsection 1, 2 or 3, and one of the conspirators performs an act to further the conspiracy,

is guilty of a category C 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.


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

ê1999 Statutes of Nevada, Page 2101 (Chapter 449, SB 375)ê

 

    Sec. 2.  NRS 600A.030 is hereby amended to read as follows:

    600A.030  As used in this chapter, unless the context otherwise requires:

    1.  “Improper means” includes [theft, bribery, misrepresentation, breach] , without limitation:

    (a) Theft;

    (b) Bribery;

    (c) Misrepresentation;

    (d) Willful breach or willful inducement of a breach of a duty to maintain secrecy [, and espionage] ;

    (e) Willful breach or willful inducement of a breach of a duty imposed by common law, statute, contract, license, protective order or other court or administrative order; and

    (f) Espionage through electronic or other means.

    2.  “Misappropriation” means:

    (a) Acquisition of the trade secret of another by a person by improper means;

    (b) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means;

    [(b)] or

    (c) Disclosure or use of a trade secret of another without express or implied consent by a person who:

         (1) Used improper means to acquire knowledge of the trade secret;

         (2) At the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:

             (I) Derived from or through a person who had used improper means to acquire it;

             (II) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or

             (III) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or

         (3) Before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.

    3.  “Owner” means the person who holds legal or equitable title to a trade secret.

    4.  “Person” means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.

    [4.] 5.  “Trade secret” means information, including , without limitation, a formula, pattern, compilation, program, device, method, technique [or process,] , product, system, process, design, prototype, procedure, computer programming instruction or code that:

    (a) Derives independent economic value, [present] actual or potential, from not being generally known to, and not being readily ascertainable by proper means by [,] the public or any other persons who can obtain commercial or economic value from its disclosure or use; and

    (b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.


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

ê1999 Statutes of Nevada, Page 2102 (Chapter 449, SB 375)ê

 

    Sec. 3.  NRS 600A.040 is hereby amended to read as follows:

    600A.040  1.  Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction must be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time [in order] to eliminate commercial or other advantage that otherwise would be derived from the misappropriation.

    2.  In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include a material and prejudicial change of position before acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.

    3.  In appropriate circumstances, the court may order affirmative acts to protect a trade secret.

    Sec. 4.  NRS 600A.050 is hereby amended to read as follows:

    600A.050  1.  Except to the extent that a material and prejudicial change of position before acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages include both loss caused by misappropriation and unjust enrichment caused by misappropriation that is not taken into account in computing the loss. In lieu of damages measured by any other methods, damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator’s unauthorized disclosure or use of a trade secret.

    2.  If willful [and malicious misappropriation] , wanton or reckless misappropriation or disregard of the rights of the owner of the trade secret exists, the court may award exemplary damages in an amount not exceeding twice the award made under subsection 1.

    Sec. 5.  NRS 600A.070 is hereby amended to read as follows:

    600A.070  In [an action under this chapter,] any civil or criminal action, the court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include [granting] , without limitation:

    1.  Granting protective orders in connection with discovery proceedings [, holding] ;

    2.  Holding hearings in camera [, sealing] ;

    3.  Sealing the records of the action [, and ordering] ;

    4.  Determining the need for any information related to the trade secret before allowing discovery;

    5.  Allowing the owner of the trade secret to obtain a signed agreement of confidentiality from any party who obtains knowledge of the trade secret;

    6.  Ordering a person who obtains knowledge of the trade secret to return to the owner of the trade secret any writing which reflects or contains the trade secret; and

    7.  Ordering any person involved in the litigation not to disclose an alleged trade secret without previous court approval.


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

ê1999 Statutes of Nevada, Page 2103 (Chapter 449, SB 375)ê

 

    Sec. 6.  NRS 600A.090 is hereby amended to read as follows:

    600A.090  1.  Except as otherwise provided in subsection 2, this chapter displaces conflicting tort, restitutionary, and other law of this state providing civil remedies for misappropriation of a trade secret.

    2.  This chapter does not affect:

    (a) Contractual remedies, whether or not based upon misappropriation of a trade secret;

    (b) Other civil remedies that are not based upon misappropriation of a trade secret; or

    (c) [Criminal] Except as otherwise provided in section 1 of this act, criminal sanctions, whether or not based upon misappropriation of a trade secret.

    Sec. 7.  NRS 600A.020 is hereby repealed.

________

 

CHAPTER 450, SB 428

Senate Bill No. 428–Senator Schneider

 

CHAPTER 450

 

AN ACT relating to intoxicating liquor; requiring a supplier who ships liquor into this state to pay certain taxes under certain circumstances; requiring a supplier who ships wine into this state to enter into a franchise agreement with a wholesaler under certain circumstances; requiring a supplier of wine to pay a fee under certain circumstances; requiring a wholesaler of liquor to purchase liquor from certain persons; requiring the department of taxation to adopt certain regulations; allowing the importation without a license of wine by certain persons for personal use; requiring a person who accepts wine shipped into this state to be a certain age; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 7, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 369 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

    Sec. 2.  As used in this chapter, “case of wine” means 12 bottles each containing 750 milliliters of wine or an amount equal to that volume of wine.

    Sec. 3.  A supplier who ships liquor into this state pursuant to paragraph (b) or (c) of subsection 2 of NRS 369.490 must pay the excise tax levied pursuant to NRS 369.330.

    Sec. 4.  A supplier who ships wine into this state pursuant to paragraph (c) of subsection 2 of NRS 369.490 must designate an importer in this state if the supplier:

    1.  Ships 25 cases or more of wine into this state in a fiscal year; and

    2.  Has not already designated an importer in this state.

    Sec. 5.  If a supplier ships 200 or more cases of wine into this state pursuant to paragraph (c) of subsection 2 of NRS 369.490 in a fiscal year, he must pay a fee equal to the amount of the fee for a license as an importer of wine, beer and liquor in this state for that fiscal year. The fee is due on or before the 30th calendar day after the date on which the 200th case of wine was shipped and is valid only for the remainder of the fiscal year in which the 200th case of wine was shipped.


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ê1999 Statutes of Nevada, Page 2104 (Chapter 450, SB 428)ê

 

case of wine was shipped and is valid only for the remainder of the fiscal year in which the 200th case of wine was shipped.

    Sec. 6.  A supplier who ships liquor into this state pursuant to paragraph (b) or (c) of subsection 2 of NRS 369.490 shall preserve for inspection and audit by the department and its agents, for a period of 4 years, all invoices and lists of liquors shipped to a location in this state, specifying the:

    1.  Kind and quantity of liquor shipped in each order.

    2.  Name of the person to whom the liquor was shipped.

    3.  Place to which each order was shipped and the date of shipping.

    Sec. 7.  1.  A wholesaler who is not the importer designated by the supplier pursuant to NRS 369.386 may purchase liquor only from:

    (a) The importer designated by the supplier pursuant to NRS 369.386 to import that liquor; or

    (b) A wholesaler who purchased the liquor from the importer designated by the supplier pursuant to NRS 369.386 to import that liquor.

    2.  As used in this section, “supplier” means the brewer, distiller, manufacturer, producer, vintner or bottler of liquor.

    Sec. 8.  1.  A retailer may purchase liquor only from:

    (a) The importer designated by the supplier pursuant to NRS 369.386 to import that liquor if that importer is also a wholesaler; or

    (b) A wholesaler who purchased liquor from the importer designated by the supplier pursuant to NRS 369.386 to import that liquor.

    2.  As used in this section, “supplier” means the brewer, distiller, manufacturer, producer, vintner or bottler of liquor.

    Sec. 9.  NRS 369.150 is hereby amended to read as follows:

    369.150  1.  The department is charged with the duty of administering the provisions of this chapter.

    2.  The department shall:

    (a) Prescribe and cause to be printed and issued free of charge all forms for applications and reports.

    (b) Except as otherwise provided in NRS 369.430, issue free of charge all certificates and permits.

    (c) Adopt and enforce all rules, regulations and standards necessary or convenient to carry out the provisions of this chapter.

    (d) Adopt regulations to carry out the provisions of sections 3 to 8, inclusive, of this act.

    Sec. 10.  NRS 369.386 is hereby amended to read as follows:

    369.386  1.  [A] Except as otherwise provided in section 4 of this act, a supplier of liquor may sell to an importer into this state only if:

    (a) Their commercial relationship is of definite duration or continuing indefinite duration; and

    (b) The importer is granted the right to offer, sell and distribute within this state or any designated area thereof such of the supplier’s brands of packaged malt beverages, distilled spirits and wines, or all of them, as may be specified.

    2.  The supplier shall file with the department a written notice indicating the name and address of each designated importer. Each importer shall file with the department a written acceptance of the designation.


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ê1999 Statutes of Nevada, Page 2105 (Chapter 450, SB 428)ê

 

    3.  A brewer, distiller, manufacturer, producer, vintner or bottler of liquor who designates an agent to sell his products to importers into this state shall file with the department a written designation indicating the name and address of the agent, and the agent shall file with the department a written acceptance of the designation.

    Sec. 11.  NRS 369.490 is hereby amended to read as follows:

    369.490  1.  Except as otherwise provided in subsection 2, [no] a person shall not directly or indirectly, himself or by his clerk, agent or employee, offer, keep or possess for sale, furnish or sell, or solicit the purchase or sale of any liquor in this state, or transport or import or cause to be transported or imported any liquor in or into this state for delivery, storage, use or sale therein, unless [such person has] the person:

    (a) Has complied fully with the provisions of this chapter ; and [is a holder of]

    (b) Holds an appropriate, valid license, permit or certificate issued by the department.

    2.  [The] Except as otherwise provided in subsection 3, the provisions of this chapter do not apply to a person [entering] :

    (a) Entering this state with a quantity of alcoholic beverage for household or personal use which is exempt from federal import duty; [nor do the provisions of this chapter apply to a person who]

    (b) Who imports 1 gallon or less of alcoholic beverage per month from another state for his own household or personal use [.] ; or

    (c) Who:

         (1) Is a resident of this state;

         (2) Is 21 years of age or older; and

         (3) Imports 12 cases or less of wine per year for his own household or personal use.

    3.  The provisions of subsection 2 do not apply to a supplier, wholesaler or retailer while he is acting in his professional capacity.

    4.  A person who accepts liquor shipped into this state pursuant to paragraph (b) or (c) of subsection 2 must be 21 years of age or older.

    Sec. 12.  The amendatory provisions of this act do not apply to offenses that were committed before the effective date of this act.

    Sec. 13.  This act becomes effective upon passage and approval.

________

 


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ê1999 Statutes of Nevada, Page 2106ê

 

CHAPTER 451, SB 435

Senate Bill No. 435–Senator Porter

 

CHAPTER 451

 

AN ACT relating to school districts; authorizing the board of trustees of a school district in a large county to expand the duties of the oversight panel for school facilities created for the school district under certain circumstances; and providing other matters properly relating thereto.

 

[Approved June 7, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 393 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The board of trustees of a school district in a county whose population is 400,000 or more may, by a vote of not less than two-thirds of the total membership of the board of trustees, expand the duties of the oversight panel for school facilities established for the school district pursuant to NRS 393.092.

    2.  If the board of trustees votes to expand the duties of the oversight panel, the board of trustees shall:

    (a) Prepare a 3-year plan for the renovation of school facilities and a 5-year plan for the construction of school facilities within the school district for submission, to the oversight panel for its review and recommendations;

    (b) Appoint the assistant superintendent of school facilities or his designee, if the board of trustees has employed a person to serve in that capacity, or otherwise appoint an employee of the school district who has knowledge and experience in school construction, to act as a liaison between the school district and the oversight panel;

    (c) Consider each recommendation made by the oversight panel and, if the board of trustees does not adopt a recommendation, state in writing the reason for its action and include the statement in the minutes of the board of trustees, if applicable; and

    (d) In addition to the administrative support required pursuant to NRS 393.095, provide such administrative support to the oversight panel as is necessary for the oversight panel to carry out its expanded duties.

    3.  If the board of trustees votes to expand the duties of the oversight panel, the oversight panel shall:

    (a) Work cooperatively with the board of trustees of the school district to ensure that the program of school construction and renovation is responsive to the educational needs of pupils within the school district;

    (b) Review the 3-year plan for the renovation of school facilities and the 5-year plan for the construction of school facilities submitted by the board of trustees of the school district and make recommendations to the board of trustees for any necessary revisions to the plans;


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ê1999 Statutes of Nevada, Page 2107 (Chapter 451, SB 435)ê

 

    (c) On a quarterly basis, or more frequently if the oversight panel determines necessary, evaluate the program of school construction and renovation that is designed to carry out the 3‑year plan and the 5-year plan and make recommendations to the board of trustees concerning the program;

    (d) Make recommendations for the management of construction and renovation of school facilities within the school district in a manner that ensures effective and efficient expenditure of public money; and

    (e) Prepare an annual report that includes a summary of the progress of the construction and renovation of school facilities within the school district and the expenditure of money from the proceeds of bonds for the construction and renovation, if such information is available to the oversight panel.

    Sec. 2.  If the board of trustees of a school district expands the duties of the oversight panel for school facilities pursuant to section 1 of this act, the board of trustees shall prepare a report concerning the progress and methods of operation of the oversight panel in carrying out its expanded duties pursuant to section 1 of this act. The board of trustees shall submit the report to the director of the legislative counsel bureau for transmittal to the 71st session of the legislature.

    Sec. 3.  This act becomes effective on July 1, 1999.

________

 

CHAPTER 452, SB 476

Senate Bill No. 476–Committee on Government Affairs

 

CHAPTER 452

 

AN ACT relating to taxation; exempting certain ad valorem tax levies in certain counties from the limitation on the total ad valorem tax levy for all public purposes under certain circumstances; requiring the publication of a notice if the highest combined tax rate in the county exceeds a certain level; and providing other matters properly relating thereto.

 

[Approved June 7, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 361.453 is hereby amended to read as follows:

    361.453  1.  Except as otherwise provided in NRS 354.705, section 1 of Assembly Bill No. 275 of this [act,] session and this section, the total ad valorem tax levy for all public purposes must not exceed $3.64 on each $100 of assessed valuation, or a lesser or greater amount fixed by the state board of examiners if the state board of examiners is directed by law to fix a lesser or greater amount for that fiscal year.

    2.  Any levy imposed by the legislature for the repayment of bonded indebtedness or the operating expenses of the State of Nevada and any levy imposed by the board of county commissioners pursuant to NRS 387.195 that is in excess of 50 cents on each $100 of assessed valuation of taxable property within the county must not be included in calculating the limitation set forth in subsection 1 on the total ad valorem tax levied within the boundaries of the county, city or unincorporated town, if, in a county whose population is 25,000 or less, or in a city or unincorporated town located within that county:


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ê1999 Statutes of Nevada, Page 2108 (Chapter 452, SB 476)ê

 

whose population is 25,000 or less, or in a city or unincorporated town located within that county:

    (a) The combined tax rate certified by the Nevada tax commission was at least $3.50 on each $100 of assessed valuation on June 25, 1998;

    (b) The governing body of that county, city or unincorporated town proposes to its registered voters an additional levy ad valorem above the total ad valorem tax levy for all public purposes set forth in subsection 1;

    (c) The proposal specifies the amount of money to be derived, the purpose for which it is to be expended and the duration of the levy; and

    (d) The proposal is approved by a majority of the voters voting on the question at a general election or a special election called for that purpose.

    3.  The duration of the additional levy ad valorem levied pursuant to subsection 2 must not exceed 5 years. The governing body of the county, city or unincorporated town may discontinue the levy before it expires and may not thereafter reimpose it in whole or in part without following the procedure required for its original imposition set forth in subsection 2.

    4.  A special election may be held pursuant to subsection 2 only if the governing body of the county, city or unincorporated town determines, by a unanimous vote, that an emergency exists. The determination made by the governing body is conclusive unless it is shown that the governing body acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the governing body must be commenced within 15 days after the governing body’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the governing body of the county, city or unincorporated town to prevent or mitigate a substantial financial loss to the county, city or unincorporated town or to enable the governing body to provide an essential service to the residents of the county, city or unincorporated town.

    Sec. 2.  NRS 361.4545 is hereby amended to read as follows:

    361.4545  1.  On or before May 5 of each year or within 5 days after receiving the projections of revenue from the department, whichever is later, the ex officio tax receivers shall prepare and cause to be published in a newspaper of general circulation in their respective counties, a notice which contains at least the following information:

    (a) A statement that the notice is not a bill for taxes owed but an informational notice. The notice must state:

         (1) That public hearings will be held on the dates listed in the notice to adopt budgets and tax rates for the fiscal year beginning on July 1;

         (2) That the purpose of the public hearings is to receive opinions from members of the public on the proposed budgets and tax rates before final action is taken thereon; and

         (3) The tax rate to be imposed by the county and each political subdivision within the county for the ensuing fiscal year if the tentative budgets which affect the property in those areas become final budgets.

    (b) A brief description of the limitation imposed by the legislature on the revenue of the local governments.

    (c) The dates, times and locations of all of the public hearings on the tentative budgets which affect the taxes on property.


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ê1999 Statutes of Nevada, Page 2109 (Chapter 452, SB 476)ê

 

    (d) The names and addresses of the county assessor and ex officio tax receiver who may be consulted for further information.

    (e) A brief statement of how property is assessed and how the combined tax rate is determined.

The notice must be displayed in the format used for news and must be printed on at least one-half of a page of the newspaper.

    2.  Each ex officio tax receiver shall prepare and cause to be published in a newspaper of general circulation within the county [a] :

    (a) A notice, displayed in the format used for news and printed in not less than 8‑point type, disclosing any increase in the property taxes as a result of any change in the tentative budget. [This notice]

    (b) A notice, displayed in the format used for advertisements and printed in not less than 8‑point type on at least one quarter of a page of the newspaper, disclosing any amount in cents on each $100 of assessed valuation by which the highest combined tax rate for property in the county exceeds $3.64 on each $100 of assessed valuation.

These notices must be published within 10 days after the receipt of the information pursuant to NRS 354.596.

    Sec. 3.  NRS 361.455 is hereby amended to read as follows:

    361.455  1.  Unless individual tax rates are reduced pursuant to NRS 361.4547, immediately upon adoption of the final budgets, if the combined tax rate [together with the established state tax rate] exceeds the limit imposed by NRS 361.453, the chairman of the board of county commissioners in each county concerned shall call a meeting of the governing boards of each of the local governments within the county for the purpose of establishing a combined tax rate that conforms to the statutory limit. The chairman shall convene the meeting no later than June 13 of each year.

    2.  The governing boards of the local governments shall meet in public session and the county clerk shall keep appropriate records, pursuant to regulations of the department, of all proceedings. The costs of taking and preparing the record of the proceedings, including the costs of transcribing and summarizing tape recordings, must be borne by the county and participating incorporated cities in proportion to the final tax rate as certified by the department. The chairman of the board of county commissioners or his designee shall preside at the meeting. The governing boards shall explore areas of mutual concern so as to agree upon a combined tax rate that does not exceed the statutory limit.

    3.  The governing boards shall determine final decisions by a unanimous vote of all entities present and qualified to vote, as defined in this subsection. No ballot may be cast on behalf of any governing board unless a majority of the individual board is present. A majority vote of all members of each governing board is necessary to determine the ballot cast for that entity. All ballots must be cast not later than the day following the day the meeting is convened. The district attorney is the legal adviser for such proceedings.


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ê1999 Statutes of Nevada, Page 2110 (Chapter 452, SB 476)ê

 

    4.  The county clerk shall immediately thereafter advise the department of the results of the ballots cast and the tax rates set for local governments concerned. If the ballots for the entities present at the meeting in the county are not unanimous, the county clerk shall transmit all records of the proceedings to the department within 5 days after the meeting.

    5.  If a unanimous vote is not obtained and the combined rate in any county together with the established state tax rate exceeds the statutory limit, the department shall examine the record of the discussions and the budgets of all local governments concerned. On June 25 or, if June 25 falls on a Saturday or Sunday, on the Monday next following, the Nevada tax commission shall meet to set the tax rates for the next succeeding year for all local governments so examined. In setting the tax rates for the next succeeding year the Nevada tax commission shall not reduce that portion of the proposed tax rate of the county school district for the operation and maintenance of public schools.

    6.  Any local government affected by a rate adjustment, made in accordance with the provisions of this section, which necessitates a budget revision shall file a copy of its revised budget by July 30 next after the approval and certification of the rate by the Nevada tax commission.

    7.  A copy of the certificate of the Nevada tax commission sent to the board of county commissioners must be forwarded to the county auditor.

    Sec. 4.  This act becomes effective on July 1, 1999.

________

 

CHAPTER 453, AB 14

Assembly Bill No. 14–Committee on Education

 

CHAPTER 453

 

AN ACT relating to pupils; prescribing the conditions under which a pupil shall be deemed suspended from school; requiring schools to notify parents before pupils are deemed habitual disciplinary problems; authorizing schools, under certain circumstances, to develop plans of behavior designed to prevent pupils from being deemed habitual disciplinary problems; and providing other matters properly relating thereto.

 

[Approved June 7, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:

    A pupil shall be deemed suspended from school if the school in which the pupil is enrolled:

    1.  Prohibits the pupil from attending school for 3 or more consecutive days; and

    2.  Requires a conference or some other form of communication with the parent or legal guardian of the pupil before the pupil is allowed to return to school.

    Sec. 2.  NRS 392.4655 is hereby amended to read as follows:

    392.4655  [A pupil shall be deemed]

    1.  Except as otherwise provided in this section, a principal of a school shall deem a pupil enrolled in the school a habitual disciplinary problem if the school [in which the pupil is enrolled] has written evidence which documents that in [one] 1 school year:


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ê1999 Statutes of Nevada, Page 2111 (Chapter 453, AB 14)ê

 

the school [in which the pupil is enrolled] has written evidence which documents that in [one] 1 school year:

    [1.] (a) The pupil has threatened or extorted, or attempted to threaten or extort, another pupil or a teacher or other personnel employed by the school;

    [2.] (b) The pupil has been suspended for initiating at least two fights on school property [;] , at an activity sponsored by a public school, on a school bus or, if the fight occurs within 1 hour of the beginning or end of a school day, on his way to or from school; or

    [3.] (c) The pupil has a record of five suspensions from the school for any reason.

    2.  At least one teacher of a pupil who is enrolled in elementary school and at least two teachers of a pupil who is enrolled in junior high, middle school or high school may request that the principal of the school deem a pupil a habitual disciplinary problem. Upon such a request, the principal of the school shall meet with each teacher who made the request to review the pupil’s record of discipline. If, after the review, the principal of the school determines that the provisions of subsection 1 do not apply to the pupil, a teacher who submitted a request pursuant to this subsection may appeal that determination to the board of trustees of the school district. Upon receipt of such a request, the board of trustees shall review the initial request and determination pursuant to the procedure established by the board of trustees for such matters.

    3.  If a pupil is suspended for initiating a fight described in paragraph (b) of subsection 1 and the fight is the first such fight that the pupil has initiated during that school year, or if a pupil receives one suspension on his record, the school in which the pupil is enrolled shall provide written notice to the parent or legal guardian of the pupil that contains: 

    (a) A description of the acts committed by the pupil and the dates on which those acts were committed;

    (b) An explanation that if the pupil is suspended for initiating one additional fight or if the pupil receives five suspensions on his record during the current school year, he will be deemed a habitual disciplinary problem;

    (c) An explanation that, pursuant to subsection 3 of NRS 392.466, a pupil who is deemed a habitual disciplinary problem must be suspended or expelled from school for a period equal to at least one school semester;

    (d) If the pupil has a disability and is participating in a program of special education pursuant to NRS 388.520, an explanation of the effect of subsection 6 of NRS 392.466, including, without limitation, that if it is determined in accordance with 20 U.S.C. § 1415 that the pupil’s behavior is not a manifestation of his disability, he may be suspended or expelled from school in the same manner as a pupil without a disability; and

    (e) If applicable, a summary of the provisions of subsection 4.

A school shall provide the notice required by this subsection for each suspension on the record of a pupil during a school year. A school may include the notice required by this subsection with notice that is otherwise provided to the parent or legal guardian of a pupil which informs the parent or legal guardian of the act committed by the pupil.


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ê1999 Statutes of Nevada, Page 2112 (Chapter 453, AB 14)ê

 

    4.  If a pupil is suspended for initiating a fight described in paragraph (b) of subsection 1 and the fight is the first such fight that the pupil has initiated during that school year, or if a pupil receives four suspensions on his record within 1 school year, the school in which the pupil is enrolled may develop, in consultation with the pupil and the parent or legal guardian of the pupil, a plan of behavior for the pupil. Such a plan must be designed to prevent the pupil from being deemed a habitual disciplinary problem and may include, without limitation, a voluntary agreement by:

    (a) The parent or legal guardian to attend school with his child.

    (b) The pupil and his parent or legal guardian to attend counseling, programs or services available in the school district or community.

    (c) The pupil and his parent or legal guardian that the pupil will attend summer school, intersession school or school on Saturday, if any of those alternatives are offered by the school district.

If the pupil commits the same act for which notice was provided pursuant to subsection 3 after he enters into a plan of behavior, the pupil shall be deemed a habitual disciplinary problem.

    5.  If a pupil commits an act the commission of which qualifies him to be deemed a habitual disciplinary problem pursuant to subsection 1, the school shall provide written notice to the parent or legal guardian of the pupil that contains:

    (a) A description of the qualifying act and any previous such acts committed by the pupil and the dates on which those acts were committed;

    (b) An explanation that pursuant to subsection 3 of NRS 392.466, a pupil who is a habitual disciplinary problem must be suspended or expelled from school for a period equal to at least one school semester;

    (c) If the pupil has a disability and is participating in a program of special education pursuant to NRS 388.520, an explanation of the effect of subsection 6 of NRS 392.466, including, without limitation, that if it is determined in accordance with 20 U.S.C. § 1415 that the pupil’s behavior is not a manifestation of his disability, he may be suspended or expelled from school in the same manner as a pupil without a disability; and

    (d) If applicable, a summary of the provisions of subsection 6.

The school shall provide the notice at least 7 days before the school deems the pupil a habitual disciplinary problem. A school may include the notice required by this subsection with notice that is otherwise provided to the parent or legal guardian of a pupil which informs the parent or legal guardian of the act committed by the pupil.

    6.  Before a school deems a pupil a habitual disciplinary problem and suspends or expels the pupil, the school may develop, in consultation with the pupil and the parent or legal guardian of the pupil, a plan of behavior for the pupil. Such a plan must be designed to prevent the pupil from being deemed a habitual disciplinary problem and may include, without limitation, a voluntary agreement by:

    (a) The parent or legal guardian to attend school with his child.

    (b) The pupil and his parent or legal guardian to attend counseling, programs or services available in the school district or community.


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ê1999 Statutes of Nevada, Page 2113 (Chapter 453, AB 14)ê

 

    (c) The pupil and his parent or legal guardian that the pupil will attend summer school, intersession school or school on Saturday, if any of those alternatives are offered by the school district.

If the pupil violates the conditions of the plan or commits the same act for which notice was provided pursuant to subsection 5 after he enters into a plan of behavior, the pupil shall be deemed a habitual disciplinary problem.

    7.  A pupil may, pursuant to the provisions of this section, enter into one contract of behavior per school year.

    8.  The parent or legal guardian of a pupil who has entered into a plan of behavior with a school pursuant to this section may appeal to the board of trustees of the school district a determination made by the school concerning the contents of the plan of behavior or action taken by the school pursuant to the plan of behavior. Upon receipt of such a request, the board of trustees of the school district shall review the determination in accordance with the procedure established by the board of trustees for such matters.

    Sec. 3.  NRS 392.466 is hereby amended to read as follows:

    392.466  1.  Except as otherwise provided in this section, any pupil who commits a battery which results in the bodily injury of an employee of the school, sells or distributes any controlled substance or is found in possession of a dangerous weapon, while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be suspended or expelled from that school, although he may be placed in another kind of school, for at least a period equal to one semester for that school. For a second occurrence, the pupil must:

    (a) Be permanently expelled from that school; and

    (b) Receive equivalent instruction authorized by the state board pursuant to NRS 392.070.

    2.  Except as otherwise provided in this section, any pupil who is found in possession of a firearm while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be expelled from the school for a period of not less than 1 year, although he may be placed in another kind of school for a period not to exceed the period of the expulsion. For a second occurrence, the pupil must:

    (a) Be permanently expelled from the school; and

    (b) Receive equivalent instruction authorized by the state board pursuant to NRS 392.070.

The superintendent of schools of a school district may, in a particular case in that school district, allow an exception to the expulsion requirement of this subsection.

    3.  Except as otherwise provided in this section, [any pupil who is] if a pupil is deemed a habitual disciplinary problem [as set forth in] pursuant to NRS 392.4655 , the pupil must be suspended or expelled from the school for a period equal to at least one semester for that school. For the period of his suspension or expulsion, the pupil must receive equivalent instruction authorized by the state board pursuant to NRS 392.070.


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ê1999 Statutes of Nevada, Page 2114 (Chapter 453, AB 14)ê

 

    4.  This section does not prohibit a pupil from having in his possession a knife or firearm with the approval of the principal of the school. A principal may grant such approval only in accordance with the policies or regulations adopted by the board of trustees of the school district.

    5.  Any pupil in grades 1 to 6, inclusive, except a pupil who has been found to have possessed a firearm in violation of subsection 2, may be suspended from school or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and approved this action in accordance with the procedural policy adopted by the board for such issues.

    6.  A pupil who is participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented, may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters, be:

    (a) Suspended from school pursuant to this section for not more than 10 days. Such a suspension may be imposed pursuant to this paragraph for each occurrence of conduct proscribed by subsection 1.

    (b) Suspended from school for more than 10 days or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act , [(] 20 U.S.C. §§ 1400 et seq. [).]

    7.  As used in this section:

    (a) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.

    (b) “Dangerous weapon” includes, without limitation, a blackjack, slung shot, billy, sand‑club, sandbag, metal knuckles, dirk or dagger, a nunchaku, switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife or any other knife described in NRS 202.350, or any other object which is used, or threatened to be used, in such a manner and under such circumstances as to pose a threat of, or cause, bodily injury to a person.

    (c) “Firearm” includes, without limitation, any pistol, revolver, shotgun, explosive substance or device, and any other item included within the definition of a “firearm” in 18 U.S.C. § 921, as that section existed on July 1, 1995.

    Sec. 4.  This act becomes effective on July 1, 1999.

________

 


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ê1999 Statutes of Nevada, Page 2115ê

 

CHAPTER 454, AB 152

Assembly Bill No. 152–Assemblywoman Tiffany

 

CHAPTER 454

 

AN ACT relating to education; excluding institutions or persons who offer certain computer software training programs from regulation as a postsecondary educational institution; and providing other matters properly relating thereto.

 

[Approved June 7, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 394.099 is hereby amended to read as follows:

    394.099  “Postsecondary educational institution” means an academic, vocational, technical, home study, business, professional or other school, college or university that is privately owned, or any person offering postsecondary education if he:

    1.  Is not licensed as a postsecondary educational institution in this state by a federal or another state agency;

    2.  Charges tuition, requires or requests donations or receives any consideration from a student for any portion of the instruction, including written or audiovisual material;

    3.  Educates or trains persons who are not his employees; and

    4.  Educates or trains, or claims or offers to educate or train, students in a program leading toward:

    (a) Employment at a beginning or advanced level;

    (b) Educational credentials;

    (c) Credits that are intended to be applied toward an educational credential awarded in another state which does not require the person to obtain a majority of the credits required in that state; or

    (d) Preparation for examinations for initial licensing in a profession or vocation . [,

but] The term includes a branch or extension of a public or private postsecondary educational institution of another state [,] that is located in this state or which offers educational services or education in this state . [is a postsecondary educational institution.] The term does not include an institution or person offering only educational services or programs at the introductory level on the use of computer software to persons who have purchased that software from the institution or person.

________

 


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ê1999 Statutes of Nevada, Page 2116ê

 

CHAPTER 455, AB 200

Assembly Bill No. 200–Assemblymen Mortenson, Giunchigliani, Cegavske, Hettrick, de Braga, Claborn, Anderson, Williams, Parks, Collins, Manendo, Von Tobel, Price, Gibbons, Segerblom, Nolan and Beers

 

Joint Sponsor: Senator Porter

 

CHAPTER 455

 

AN ACT relating to elections; providing for the appointment of committees to prepare arguments for and against county and municipal ballot questions; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 7, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 293.481 is hereby amended to read as follows:

    293.481  1.  Except as otherwise provided in subsection 2 [,] or section 5 or 6 of this act, every governing body of a political subdivision, public or quasi-public corporation, or other local agency authorized by law to submit questions to the qualified electors or registered voters of a designated territory, when the governing body decides to submit a question:

    (a) At a general election, shall provide a copy of the question, including an explanation of and arguments for and against the question, to each county clerk within the designated territory on or before the third Monday in July preceding the election.

    (b) At a primary election, shall provide a copy of the question, including an explanation of and arguments for and against the question, to each county clerk within the designated territory on or before the third Monday in May preceding the election.

    (c) At any election other than a primary or general election at which the county clerk gives notice of the election or otherwise performs duties in connection therewith other than the registration of electors and the making of records of registered voters available for the election, shall provide a copy of the question, including an explanation of and arguments for and against the question, to each county clerk at least 60 days before the election.

    (d) At any city election at which the city clerk gives notice of the election or otherwise performs duties in connection therewith, shall provide a copy of the question, including an explanation of and arguments for and against the question, to the city clerk at least 60 days before the election.

    2.  The requirements of subsection 1 do not apply to any question expressly privileged or required pursuant to the provisions of article 19 of the constitution of the State of Nevada or pursuant to the provisions of chapter 295 of NRS or any other statute to be submitted if proposed after the dates specified.

    3.  A county or city clerk may charge any political subdivision, public or quasi-public corporation or other local agency which submits a question a reasonable fee sufficient to pay for the increased costs incurred in including the question, explanation and arguments on the ballot.


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ê1999 Statutes of Nevada, Page 2117 (Chapter 455, AB 200)ê

 

    Sec. 2.  NRS 293.482 is hereby amended to read as follows:

    293.482  1.  The governing body of any county or city may, at any general election or general city election, ask the advice of the registered voters within its jurisdiction on any question which it has under consideration by adopting a resolution which:

    (a) [Sets] Except as otherwise provided in section 5 or 6 of this act, sets forth the advisory question, including an explanation of and arguments for and against the question, to be submitted to the voters; and

    (b) States that the result of the voting on the question does not place any legal requirement on the governing body or any officer of the political subdivision.

    2.  A governing body may, at any general election, ask the advice of the registered voters of part of its territory if:

    (a) The advisory question to be submitted affects only that part of its territory; and

    (b) The resolution adopted pursuant to subsection 1 sets forth the boundaries of the area in which the advice of the registered voters will be asked.

    Sec. 3.  NRS 293.800 is hereby amended to read as follows:

    293.800  1.  A person who, for himself or another person, willfully gives a false answer or answers to questions propounded to him by the registrar or field registrar of voters relating to the information called for by the application to register to vote, or who willfully falsifies his application in any particular, or who violates any of the provisions of the election laws of this state, or knowingly encourages another person to violate those laws is guilty of a category E felony and shall be punished as provided in NRS 193.130.

    2.  A public officer or other person, upon whom any duty is imposed by this Title [,] or section 5 or 6 of this act, who willfully neglects his duty, or willfully performs it in such a way as to hinder the objects and purposes of the election laws of this state, except where another penalty is provided, is guilty of a category E felony and shall be punished as provided in NRS 193.130.

    3.  If the person is a public officer, his office is forfeited upon conviction of any offense provided for in subsection 2.

    4.  A person who causes or endeavors to cause his name to be registered, knowing that he is not an elector or will not be an elector on or before the day of the next ensuing election in the precinct or district in which he causes or endeavors to cause the registration to be made, and any other person who induces, aids, or abets the person in the commission of either of the acts is guilty of a category E felony and shall be punished as provided in NRS 193.130.

    5.  A field registrar or other person who:

    (a) Knowingly falsifies an application to register to vote or knowingly causes an application to be falsified; or

    (b) Knowingly provides money or other compensation to another for a falsified application to register to vote,

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


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ê1999 Statutes of Nevada, Page 2118 (Chapter 455, AB 200)ê

 

    Sec. 4.  Chapter 295 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.

    Sec. 5.  1.  In a county whose population is 50,000 or more, for each initiative, referendum or other question to be placed on the ballot by the board or county clerk, including, without limitation, pursuant to NRS 293.482, 295.115 or 295.160, the board shall, in consultation with the county clerk, pursuant to subsection 2, appoint a committee of six persons, three of whom are known to favor approval by the voters of the initiative, referendum or other question and three of whom are known to oppose approval by the voters of the initiative, referendum or other question. A person may serve on more than one committee. Members of the committee serve without compensation. The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative, referendum or other question.

    2.  Before the board appoints a committee pursuant to subsection 1, the county clerk shall:

    (a) Recommend to the board persons to be appointed to the committee; and

    (b) Consider recommending pursuant to paragraph (a):

         (1) Any person who has expressed an interest in serving on the committee; and

         (2) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.

    3.  If the board of a county whose population is 50,000 or more fails to appoint a committee as required by subsection 1, the county clerk shall appoint the committee.

    4.  A committee appointed pursuant to this section:

    (a) Shall elect a chairman for the committee;

    (b) Shall meet and conduct its affairs as necessary to fulfill the requirements of this section;

    (c) May seek and consider comments from the general public;

    (d) Shall prepare an argument advocating approval by the voters of the initiative, referendum or other question, and prepare a rebuttal to that argument;

    (e) Shall prepare an argument opposing approval by the voters of the initiative, referendum or other question, and prepare a rebuttal to that argument; and

    (f) Shall submit the arguments and rebuttals prepared pursuant to paragraphs (d) and (e) to the county clerk not later than the date prescribed by the county clerk pursuant to subsection 5.

    5.  The county clerk of a county whose population is 50,000 or more shall provide, by rule or regulation:

    (a) The maximum permissible length of an argument or rebuttal prepared pursuant to this section; and

    (b) The date by which an argument or rebuttal prepared pursuant to this section must be submitted by the committee to the county clerk.

    6.  Upon receipt of an argument or rebuttal prepared pursuant to this section, the county clerk shall reject each statement in the argument or rebuttal that he believes is libelous or factually inaccurate. Not later than 5 days after the county clerk rejects a statement pursuant to this subsection, the committee may appeal that rejection to the district attorney.


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ê1999 Statutes of Nevada, Page 2119 (Chapter 455, AB 200)ê

 

days after the county clerk rejects a statement pursuant to this subsection, the committee may appeal that rejection to the district attorney. The district attorney shall review the statement and the reasons for its rejection and may receive evidence, documentary or testimonial, to aid him in his decision. Not later than 3 business days after the appeal by the committee, the district attorney shall issue his decision rejecting or accepting the statement. The decision of the district attorney is a final decision for the purposes of judicial review.

    7.  The county clerk shall place in the sample ballot provided to the registered voters of the county each argument and rebuttal prepared pursuant to this section, containing all statements that were not rejected pursuant to subsection 6. The county clerk may revise the language submitted by the committee so that it is clear, concise and suitable for incorporation in the sample ballot, but shall not alter the meaning or effect without the consent of the committee.

    8.  In a county whose population is less than 50,000:

    (a) The board may appoint a committee pursuant to subsection 1.

    (b) If the board appoints a committee, the county clerk shall provide for rules or regulations pursuant to subsection 5.

    Sec. 6.  1.  In a city whose population is 50,000 or more, for each initiative, referendum or other question to be placed on the ballot by the council, including, without limitation, pursuant to NRS 293.482 or 295.215, the council shall, in consultation with the city clerk, pursuant to subsection 2, appoint a committee of six persons, three of whom are known to favor approval by the voters of the initiative, referendum or other question and three of whom are known to oppose approval by the voters of the initiative, referendum or other question. A person may serve on more than one committee. Members of the committee serve without compensation. The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative, referendum or other question.

    2.  Before the council appoints a committee pursuant to subsection 1, the city clerk shall:

    (a) Recommend to the council persons to be appointed to the committee; and

    (b) Consider recommending pursuant to paragraph (a):

         (1) Any person who has expressed an interest in serving on the committee; and

         (2) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.

    3.  If the council of a city whose population is 50,000 or more fails to appoint a committee as required by subsection 1, the city clerk shall appoint the committee.

    4.  A committee appointed pursuant to this section:

    (a) Shall elect a chairman for the committee;

    (b) Shall meet and conduct its affairs as necessary to fulfill the requirements of this section;

    (c) May seek and consider comments from the general public;


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ê1999 Statutes of Nevada, Page 2120 (Chapter 455, AB 200)ê

 

    (d) Shall prepare an argument advocating approval by the voters of the initiative, referendum or other question, and prepare a rebuttal to that argument;

    (e) Shall prepare an argument opposing approval by the voters of the initiative, referendum or other question, and prepare a rebuttal to that argument; and

    (f) Shall submit the arguments and rebuttals prepared pursuant to paragraphs (d) and (e) to the city clerk not later than the date prescribed by the city clerk pursuant to subsection 5.

    5.  The city clerk of a city whose population is 50,000 or more shall provide, by rule or regulation:

    (a) The maximum permissible length of an argument or rebuttal prepared pursuant to this section; and

    (b) The date by which an argument or rebuttal prepared pursuant to this section must be submitted by the committee to the city clerk.

    6.  Upon receipt of an argument or rebuttal prepared pursuant to this section, the city clerk shall reject each statement in the argument or rebuttal that he believes is libelous or factually inaccurate. Not later than 5 days after the city clerk rejects a statement pursuant to this subsection, the committee may appeal that rejection to the city attorney. The city attorney shall review the statement and the reasons for its rejection and may receive evidence, documentary or testimonial, to aid him in his decision. Not later than 3 business days after the appeal by the committee, the city attorney shall issue his decision rejecting or accepting the statement. The decision of the city attorney is a final decision for the purposes of judicial review.

    7.  The city clerk shall place in the sample ballot provided to the registered voters of the city each argument and rebuttal prepared pursuant to this section, containing all statements that were not rejected pursuant to subsection 6. The city clerk may revise the language submitted by the committee so that it is clear, concise and suitable for incorporation in the sample ballot, but shall not alter the meaning or effect without the consent of the committee.

    8.  In a city whose population is less than 50,000:

    (a) The council may appoint a committee pursuant to subsection 1.

    (b) If the council appoints a committee, the city clerk shall provide for rules or regulations pursuant to subsection 5.

    Sec. 7.  NRS 295.075 is hereby amended to read as follows:

    295.075  As used in NRS 295.075 to 295.125, inclusive, and section 5 of this act unless the context otherwise requires, “board” means the board of county commissioners.

    Sec. 8.  NRS 295.195 is hereby amended to read as follows:

    295.195  As used in NRS 295.195 to 295.220, inclusive, and section 6 of this act unless the context otherwise requires:

    1.  “City” means an incorporated city.

    2.  “Council” means the governing body of a city.

    Sec. 9.  The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1999.

________

 


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ê1999 Statutes of Nevada, Page 2121ê

 

CHAPTER 456, AB 237

Assembly Bill No. 237–Assemblymen Dini, de Braga and Hettrick

 

Joint Sponsors: Senators Amodei, McGinness and Jacobsen

 

CHAPTER 456

 

AN ACT relating to water; authorizing grants for certain costs associated with connections to municipal water systems and for certain improvements to conserve water; increasing the amount of general obligation bonds that the state board of finance may issue to provide the grants; and providing other matters properly relating thereto.

 

[Approved June 7, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 349.980 is hereby amended to read as follows:

    349.980  As used in NRS 349.980 to 349.987, inclusive, unless the context otherwise requires:

    1.  “Board” means the board for financing water projects created pursuant to NRS 349.957.

    2.  “Community water system” means a public water system which:

    (a) Has 15 or more service connections; or

    (b) Serves 25 or more persons,

at places which are intended for year-round occupancy.

    3.  “Costs of capital improvements to community water systems and nontransient water systems” means the costs traditionally associated with capital improvements to such systems and includes costs associated with the:

    (a) Consolidation of existing systems; and

    (b) Transfer and connection of a public water system to a system owned by a purveyor of water or a public utility.

    4.  “Fund” means the fund for grants [to certain purveyors of water.] for water conservation and capital improvements to certain water systems.

    5.  “Nontransient water system” means a public water system that regularly serves 25 or more of the same persons for more than 6 months per year, but which is not a community water system.

    6.  “Public water system” has the meaning ascribed to it in NRS 445A.840.

    7.  “Purveyor of water” means a political subdivision of this state engaged in the business of furnishing water, for compensation, to persons within the political subdivision.

    Sec. 2.  NRS 349.981 is hereby amended to read as follows:

    349.981  1.  There is hereby established a program to provide grants of money to [purveyors] :

    (a) A purveyor of water to pay for costs of capital improvements to publicly owned community water systems and publicly owned nontransient water systems required or made necessary by the state board of health pursuant to NRS 445A.800 to 445A.955, inclusive, or made necessary by the Safe Drinking Water Act , [(] 42 U.S.C. §§ 300f et seq. , [)] and the regulations adopted pursuant thereto.


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ê1999 Statutes of Nevada, Page 2122 (Chapter 456, AB 237)ê

 

    (b) An eligible recipient to pay for the cost of improvements to conserve water, including, without limitation:

         (1) Piping or lining of an irrigation canal;

         (2) Recovery or recycling of wastewater or tailwater;

         (3) Scheduling of irrigation;

         (4) Measurement or metering of the use of water;

         (5) Improving the efficiency of irrigation operations; and

         (6) Improving the efficiency of the operation of a facility for the storage of water, including, without limitation, efficiency in diverting water to such a facility.

    (c) An eligible recipient, to pay the following costs associated with connecting a domestic well or well with a temporary permit to a municipal water system, if the well was in existence on or before October 1, 1999, and the well is located in an area designated by the state engineer pursuant to NRS 534.120 as an area where the ground water basin is being depleted:

         (1) Any local or regional fee for connection to the municipal water system.

         (2) The cost of any capital improvement that is required to comply with a decision or regulation of the state engineer.

    2.  Except as otherwise provided in NRS 349.983, the determination of who is to receive a grant is solely within the discretion of the board.

    3.  As used in this section, “eligible recipient” means a political subdivision of this state, including, without limitation, a city, county, unincorporated town, water authority, conservation district, irrigation district, water district or water conservancy district.

    Sec. 3.  NRS 349.982 is hereby amended to read as follows:

    349.982  1.  The board shall administer the program and shall adopt regulations necessary for that purpose.

    2.  The regulations must provide such requirements for participation in the program as the board deems necessary.

    3.  The money in the fund may be used to defray, in whole or in part, the costs of administering the fund and the expenses of the board in administering the program.

    4.  The board may, by regulation, impose an administrative fee which must be collected from each recipient of a grant from the fund. If such a fee is imposed, all revenue derived from the fee must be used to defray , in whole or in part, the costs of administering the fund and the expenses of the board in administering the program.

    Sec. 4.  NRS 349.983 is hereby amended to read as follows:

    349.983  1.  Grants may be made [to purveyors of water under the program] pursuant to paragraph (a) of subsection 1 of NRS 349.981 only for those community and nontransient water systems that:

    (a) Were in existence on January 1, 1995; and

    (b) Are currently publicly owned.

    2.  In making its determination of which purveyors of water are to receive grants [,] pursuant to paragraph (a) of subsection 1 of NRS 349.981, the board shall give preference to those purveyors of water whose public water systems regularly serve fewer than 6,000 persons.


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ê1999 Statutes of Nevada, Page 2123 (Chapter 456, AB 237)ê

 

    3.  Each recipient of a grant pursuant to paragraph (a) of subsection 1 of NRS 349.981 shall provide an amount of money for the same purpose. The board shall develop a scale to be used to determine that amount, but the recipient must not be required to provide an amount less than 15 percent or more than 75 percent of the amount of the grant. The scale must be based upon the average household income of the customers of the recipient, and provide adjustments for the demonstrated economic hardship of those customers, the existence of an imminent risk to public health and any other factor that the board determines to be relevant.

    [4.  Except as otherwise provided in subsections 1 and 2, the determination of which purveyors of water are to receive grants is solely within the discretion of the board.]

    Sec. 5.  NRS 349.984 is hereby amended to read as follows:

    349.984  1.  The fund for grants [to certain purveyors of water] for water conservation and capital improvements to certain water systems is hereby created.

    2.  Except as otherwise provided by [subsection] subsections 3 and 4 of NRS 349.982, the money in the fund must be used only to make grants in furtherance of the program.

    3.  All claims against the fund must be paid as other claims against the state are paid.

    Sec. 6.  NRS 349.986 is hereby amended to read as follows:

    349.986  The state board of finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than [$40,000,000] $50,000,000 to support the purposes of the program. The net proceeds from the sale of the bonds must be deposited in the fund. The bonds must be redeemed through the consolidated bond interest and redemption fund.

________

 

CHAPTER 457, AB 424

Assembly Bill No. 424–Assemblymen Freeman, Gibbons, Humke, Leslie, Evans and Anderson

 

CHAPTER 457

 

AN ACT relating to land use planning; revising provisions regarding plans for capital improvements; expanding the contents of a comprehensive regional plan; requiring members of the regional planning commission to complete certain training; authorizing the governing body of a local government to use certain land use controls and principles of zoning; and providing other matters properly relating thereto.

 

[Approved June 7, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  The legislature hereby finds and declares that:

    1.  The process of regional planning in a county whose population is 100,000 or more but less than 400,000, as set forth in NRS 278.026 to 278.029, inclusive, and sections 2 and 3 of this act, ensures that comprehensive planning will be carried out with respect to population, conservation, land use and transportation, public facilities and services, annexation and intergovernmental coordination.


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ê1999 Statutes of Nevada, Page 2124 (Chapter 457, AB 424)ê

 

conservation, land use and transportation, public facilities and services, annexation and intergovernmental coordination.

    2.  The process of regional planning set forth in NRS 278.026 to 278.029, inclusive, and sections 2 and 3 of this act, does not specifically limit the premature expansion of development into undeveloped areas or address the unique needs and opportunities that are characteristic of older neighborhoods in a county whose population is 100,000 or more but less than 400,000.

    3.  The problem of the premature expansion of development into undeveloped areas and the unique needs and opportunities that are characteristic of older neighborhoods may be addressed through:

    (a) Cooperative efforts to preserve and revitalize urban areas and older neighborhoods; and

    (b) Review of the master plans, facilities plans and other similar plans of local governments and other affected entities.

    4.  It is the intent of the legislature with respect to NRS 278.026 to 278.029, inclusive, and sections 2 and 3 of this act, that each local government and affected entity shall exercise its powers and duties in a manner that is in harmony with the powers and duties exercised by other local governments and affected entities to enhance the long-term health and welfare of the county and all its residents.

    Secs. 3 and 4.  (Deleted by amendment.)

    Sec. 5.  NRS 278.0226 is hereby amended to read as follows:

    278.0226  The governing body of each local government whose budget includes any expenditure for the acquisition or maintenance of a capital improvement shall annually prepare a plan for capital improvements which conforms with its master plan and which includes at least the 3 ensuing fiscal years but not more than [5] 20 fiscal years. The plan for capital improvements must identify:

    1.  Costs that the local government expects to incur; and

    2.  Sources of revenue that the local government will use,

to acquire, maintain, operate and replace capital improvements.

    Sec. 6.  NRS 278.026 is hereby amended to read as follows:

    278.026  As used in NRS 278.026 to 278.029, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires:

    1.  “Affected entity” means a public utility, franchise holder, local or regional agency, or any other entity having responsibility for planning or providing public facilities relating to transportation, solid waste, energy generation and transmission, conventions and the promotion of tourism, air quality or public education. The term does not include:

    (a) A state agency; or

    (b) A public utility which is subject to regulation by the public utilities commission of Nevada.

    2.  “Facilities plan” means a plan for the development of public facilities which will have a regional impact or which will aid in accomplishing regional goals relating to transportation, solid waste, energy generation and transmission, conventions and the promotion of tourism, air quality or public education. The term does not include a plan for the development of a specific site or regulations adopted by an affected entity to implement the comprehensive regional plan.


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ê1999 Statutes of Nevada, Page 2125 (Chapter 457, AB 424)ê

 

site or regulations adopted by an affected entity to implement the comprehensive regional plan.

    3.  “Governing board” means the governing board for regional planning created pursuant to NRS 278.0264.

    4.  “Joint planning area” means an area that is the subject of common study and planning by the governing body of a county and one or more cities.

    5.  “Project of regional significance,” with respect to a project proposed by any person other than a public utility, means a project which:

    (a) Has been identified in the guidelines of the regional planning commission as a project which will result in the loss or significant degradation of a designated historic, archeological, cultural or scenic resource;

    (b) Has been identified in the guidelines of the regional planning commission as a project which will result in the creation of significant new geothermal or mining operations;

    (c) Has been identified in the guidelines of the regional planning commission as a project which will have a significant effect on the natural resources, public services, public facilities or the adopted regional form of the region; or

    (d) Will require a change in zoning, a special use permit, an amendment to a master plan, a tentative map or other approval for the use of land which, if approved, will have an effect on the region of increasing:

         (1) Employment by not less than 938 employees;

         (2) Housing by not less than 625 units;

         (3) Hotel accommodations by not less than 625 rooms;

         (4) Sewage by not less than 187,500 gallons per day;

         (5) Water usage by not less than 625 acre feet per year; or

         (6) Traffic by not less than an average of 6,250 trips daily.

The term does not include any project for which a request for an amendment to a master plan, a change in zoning, a tentative map or a special use permit has been approved by the local planning commission before June 17, 1989.

    6.  “Project of regional significance,” with respect to a project proposed by a utility, includes:

    (a) An electric substation;

    (b) A transmission line that carries 60 kilovolts or more;

    (c) A facility that generates electricity greater than 5 megawatts;

    (d) Natural gas storage and peak shaving facilities; and

    (e) Gas regulator stations and mains that operate over 100 pounds per square inch.

    7.  “Sphere of influence” means an area into which a city plans to expand as designated in the comprehensive regional plan within the time designated in the comprehensive regional plan.

    Sec. 7.  NRS 278.0262 is hereby amended to read as follows:

    278.0262  1.  There is hereby created in each county whose population is 100,000 or more but less than 400,000, a regional planning commission consisting of:

    (a) Three members from the local planning commission of each city in the county whose population is 40,000 or more, appointed by the respective governing bodies of those cities;


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ê1999 Statutes of Nevada, Page 2126 (Chapter 457, AB 424)ê

 

    (b) One member from the local planning commission of each city in the county whose population is less than 40,000, appointed by the respective governing bodies of those cities; and

    (c) Three members from the local planning commission of the county, appointed by the governing body of the county, at least two of whom must reside in unincorporated areas of the county.

    2.  Except for the terms of the initial members of the commission, the term of each member is 3 years and until the selection and qualification of his successor. A member may be reappointed. A member who ceases to be a member of the local planning commission of the jurisdiction from which he is appointed automatically ceases to be a member of the commission. A vacancy must be filled for the unexpired term by the governing body which made the original appointment.

    3.  The commission shall elect its chairman from among its members. The term of the chairman is 1 year. The member elected chairman must have been appointed by the governing body of the county or a city whose population is 40,000 or more, as determined pursuant to a schedule adopted by the commission and made a part of its bylaws which provides for the annual rotation of the chairmanship among each of those governing bodies.

    4.  A member of the commission must be compensated at the rate of [$40] $80 per meeting or [$200] $400 per month, whichever is less.

    5.  Each member of the commission must successfully complete the course of training prescribed by the governing body pursuant to subsection 2 of NRS 278.0265 within 1 year after the date on which his term of appointment commences. A member who fails to complete successfully the course of training as required pursuant to this subsection forfeits his appointment 1 year after the date on which his term of appointment commenced.

    Sec. 7.5.  NRS 278.0265 is hereby amended to read as follows:

    278.0265  The governing board:

    1.  Shall adopt such regulations as are necessary to carry out its specific powers and duties.

    2.  Shall prescribe an appropriate course of at least 12 hours of training in land use planning for the members of the regional planning commission. The course of training must include, without limitation, training relating to:

    (a) State statutes and regulations and local ordinances, resolutions and regulations concerning land use planning; and

    (b) The provisions of chapter 241 of NRS.

    3.  May establish and collect reasonable fees for the provision of any service that is authorized pursuant to the provisions of NRS 278.026 to 278.029, inclusive [.] , and sections 2 and 3 of this act.

    Sec. 8.  NRS 278.0274 is hereby amended to read as follows:

    278.0274  The comprehensive regional plan must include goals, policies, maps and other documents relating to:

    1.  Population, including a projection of population growth in the region and the resources that will be necessary to support that population.


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    2.  Conservation, including policies relating to the use and protection of air, land, water, and other natural resources, ambient air quality, natural recharge areas, floodplains and wetlands, and a map showing the areas that are best suited for development based on those policies.

    3.  The limitation of the premature expansion of development into undeveloped areas, preservation of neighborhoods and revitalization of urban areas, including, without limitation, policies that relate to the interspersion of new housing and businesses in established neighborhoods and set forth principles by which growth will be directed to older urban areas.

    4.  Land use and transportation, including the classification of future land uses by density or intensity of development based upon the projected necessity and availability of public facilities and services and natural resources, and the compatibility of development in one area with that of other areas in the region. This portion of the plan must allow for a variety of uses, describe the transportation facilities that will be necessary to satisfy the requirements created by those future uses and must be based upon the policies and map relating to conservation that are developed pursuant to subsection 2, surveys, studies and data relating to the area, the amount of land required to accommodate planned growth, the population of the area projected pursuant to subsection 1, and the characteristics of undeveloped land in the area.

    [4.] 5.  Public facilities and services, including provisions relating to sanitary sewer facilities, solid waste, flood control, potable water and ground-water aquifer recharge which are correlated with principles and guidelines for future land uses, and which specify ways to satisfy the requirements created by those future uses. This portion of the plan must [describe] :

    (a) Describe the problems and needs of the area relating to public facilities and services and the general facilities that will be required for their solution and satisfaction [, identify] ;

    (b) Identify the providers of public services within the region and the area within which each must serve, including service territories set by the public utilities commission of Nevada for public utilities [, and must establish] ;

    (c) Establish the time within which those public facilities and services necessary to support the development relating to land use and transportation must be made available to satisfy the requirements created by that development [.

    5.] ; and

    (d) Contain a summary prepared by the regional planning commission regarding the plans for capital improvements that:

         (1) Are required to be prepared by each local government in the region pursuant to NRS 278.0226; and

         (2) May be prepared by the water planning commission of the county, the regional transportation commission and the county school district.

    6.  Annexation, including the identification of spheres of influence for each unit of local government, improvement district or other service district and specifying standards and policies for changing the boundaries of a sphere of influence and procedures for the review of development within each sphere of influence. As used in this subsection, “sphere of influence” means an area into which a political subdivision may expand in the foreseeable future.


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an area into which a political subdivision may expand in the foreseeable future.

    [6.] 7.  Intergovernmental coordination, including the establishment of guidelines for determining whether local master plans and facilities plans conform with the comprehensive regional plan.

    [7.] 8.  Any utility project required to be reported pursuant to NRS 278.145.

    Sec. 8.5.  (Deleted by amendment.)

    Sec. 9.  NRS 278.250 is hereby amended to read as follows:

    278.250  1.  For the purposes of NRS 278.010 to 278.630, inclusive, the governing body may divide the city, county or region into zoning districts of such number, shape and area as are best suited to carry out the purposes of NRS 278.010 to 278.630, inclusive. Within the zoning district it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land.

    2.  The zoning regulations must be adopted in accordance with the master plan for land use and be designed:

    (a) To preserve the quality of air and water resources.

    (b) To promote the conservation of open space and the protection of other natural and scenic resources from unreasonable impairment.

    (c) To provide for recreational needs.

    (d) To protect life and property in areas subject to floods, landslides and other natural disasters.

    (e) To conform to the adopted population plan, if required by NRS 278.170.

    (f) To develop a timely, orderly and efficient arrangement of transportation and public facilities and services, including facilities and services for bicycles.

    (g) To ensure that the development on land is commensurate with the character and the physical limitations of the land.

    (h) To take into account the immediate and long-range financial impact of the application of particular land to particular kinds of development, and the relative suitability of the land for development.

    (i) To promote health and the general welfare.

    (j) To ensure the development of an adequate supply of housing for the community, including the development of affordable housing.

    3.  The zoning regulations must be adopted with reasonable consideration, among other things, to the character of the area and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city, county or region.

    4.  In exercising the powers granted in this section, the governing body may use any controls relating to land use or principles of zoning that the governing body determines to be appropriate, including, without limitation, density bonuses, inclusionary zoning and minimum density zoning.

    5.  As used in this section:

    (a) “Density bonus” means an incentive granted by a governing body to a developer of real property that authorizes the developer to build at a greater density than would otherwise be allowed under the master plan, in exchange for an agreement by the developer to perform certain functions that the governing body determines to be socially desirable, including, without limitation, developing an area to include a certain proportion of affordable housing.


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exchange for an agreement by the developer to perform certain functions that the governing body determines to be socially desirable, including, without limitation, developing an area to include a certain proportion of affordable housing.

    (b) “Inclusionary zoning” means a type of zoning pursuant to which a governing body requires or provides incentives to a developer who builds residential dwellings to build a certain percentage of those dwellings as affordable housing.

    (c) “Minimum density zoning” means a type of zoning pursuant to which development must be carried out at or above a certain density to maintain conformance with the master plan.

    Secs. 10 and 11.  (Deleted by amendment.)

    Sec. 12.  1.  The governing board for regional planning, created pursuant to NRS 278.0264, shall prescribe the course of training described in subsection 2 of NRS 278.0265 on or before June 30, 2000.

    2.  Notwithstanding the provisions of subsection 5 of NRS 278.0262, a member of the regional planning commission whose term of appointment commences on or before January 1, 2001, must successfully complete the course of training prescribed by the governing body pursuant to subsection 2 of NRS 278.0265 on or before June 30, 2001. A member who fails to complete successfully the course of training as required pursuant to this subsection forfeits his appointment on June 30, 2001.

________

 

CHAPTER 458, AB 504

Assembly Bill No. 504–Assemblyman Hettrick

 

Joint Sponsor: Senator Jacobsen

 

CHAPTER 458

 

AN ACT relating to taxation; authorizing the board of county commissioners of additional counties to adopt an open-space plan and to impose certain related taxes; and providing other matters properly relating thereto.

 

[Approved June 7, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 375.025 is hereby amended to read as follows:

    375.025  1.  In addition to all other taxes imposed on transfers of real property, a board of county commissioners in each county whose population is [100,000 or more but] less than 400,000 [,] may by ordinance, but not as in a case of emergency, impose a tax at the rate of up to 1/10 of 1 percent of the value thereof on each deed by which any residential lands, tenements or other residential realty is granted, assigned, transferred or otherwise conveyed to or vested in another person, after receiving the approval of a majority of the registered voters of the county voting on the question at a primary, general or special election. A county may combine this question with questions submitted pursuant to NRS 376A.040, 376A.050 and 376A.070 or any combination thereof.


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    2.  A special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the county or to enable the board to provide an essential service to the residents of the county.

    3.  The amount of the tax must be computed on the basis of the value of the transferred property as declared pursuant to NRS 375.060. The county recorder shall collect the tax in the manner provided in NRS 375.030, except that he shall deposit all of the proceeds from the tax imposed pursuant to this section in the county general fund to be used in the manner specified in NRS 375.075.

    4.  Before the tax may be imposed, an open-space plan must be adopted by the board of county commissioners pursuant to NRS 376A.020 and the adopted open-space plan must be endorsed by the city council of each incorporated city within the county.

    Sec. 2.  NRS 376A.020 is hereby amended to read as follows:

    376A.020  1.  The board of county commissioners of a county whose population is [more than 100,000 but] less than 400,000 [,] may adopt an open-space plan. If an open-space plan is adopted, the plan must provide for:

    (a) The development and use of open-space land for a period of 20 years;

    (b) The financing for the acquisition of open-space land; and

    (c) The maintenance of open-space land acquired pursuant to the open-space plan and the maintenance of any existing open-space land in the county.

    2.  Before the board of county commissioners adopts the open-space plan, the open-space plan must be found by the governing board for regional planning to be in conformance with the comprehensive regional plan adopted pursuant to NRS 278.0282.

    3.  Before the open-space plan is adopted, the board of county commissioners shall:

    (a) Send a copy of the open-space plan to the city council of each incorporated city within the county and request that the city council review and comment on the open-space plan within 60 days after receipt of the open-space plan; and

    (b) Consider and respond to any comments provided by a city council that are received by the board of county commissioners within 90 days after sending the open-space plan to the city council.

    Sec. 3.  NRS 376A.040 is hereby amended to read as follows:

    376A.040  1.  In addition to all other taxes imposed on the revenues from retail sales, a board of county commissioners of a county whose population is [100,000 or more but] less than 400,000 [,] may by ordinance, but not as in a case of emergency, impose a tax at the rate of up to 1/4 of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county, after receiving the approval of a majority of the registered voters of the county voting on the question at a primary, general or special election.


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personal property sold at retail, or stored, used or otherwise consumed in the county, after receiving the approval of a majority of the registered voters of the county voting on the question at a primary, general or special election. The question may be combined with questions submitted pursuant to NRS 375.025, 376A.050 and 376A.070 or any combination thereof.

    2.  If a county imposes a sales tax pursuant to this section and NRS 376A.050, the combined additional sales tax must not exceed 1/4 of 1 percent. A tax imposed pursuant to this section applies throughout the county, including incorporated cities in the county.

    3.  Before the election may occur, an open-space plan must be adopted by the board of county commissioners pursuant to NRS 376A.020 and the adopted open-space plan must be endorsed by resolution by the city council of each incorporated city within the county.

    4.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid pursuant to this section must be paid to the department of taxation in the form of remittances payable to the department of taxation. The department of taxation shall deposit the payments with the state treasurer for credit to the sales and use tax account in the state general fund. The state controller, acting upon the collection data furnished by the department of taxation, shall transfer monthly all fees, taxes, interest and penalties collected during the preceding month to the intergovernmental fund and remit the money to the county treasurer.

    5.  The money received from the tax imposed pursuant to subsection 4 must be retained by the county, or remitted to a city or general improvement district in the county. The money received by a county, city or general improvement district pursuant to this section must only be used to pay the cost of:

    (a) The acquisition of land in fee simple for development and use as open-space land;

    (b) The acquisition of the development rights of land identified as open-space land;

    (c) The creation of a trust fund for the acquisition of land or development rights of land pursuant to paragraphs (a) and (b);

    (d) The principal and interest on notes, bonds or other obligations issued by the county, city or general improvement district for the acquisition of land or development rights of land pursuant to paragraphs (a) and (b); or

    (e) Any combination of the uses set forth in paragraphs (a) to (d), inclusive.

    6.  The money received from the tax imposed pursuant to this section and any applicable penalty or interest must not be used for any neighborhood or community park or facility.

    7.  Any money used for the purposes described in this section must be used in a manner:

    (a) That is consistent with the provisions of the open-space plan adopted pursuant to NRS 376A.020; and


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ê1999 Statutes of Nevada, Page 2132 (Chapter 458, AB 504)ê

 

    (b) That provides an equitable allocation of the money among the county and the incorporated cities within the county.

    Sec. 4.  NRS 376A.050 is hereby amended to read as follows:

    376A.050  1.  Except as otherwise provided in subsection 2, in addition to all other taxes imposed on the revenues from retail sales, a board of county commissioners in each county whose population is [100,000 or more but] less than 400,000 [,] may by ordinance, but not as in a case of emergency, impose a tax at the rate of up to 1/4 of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county, after receiving the approval of a majority of the registered voters of the county voting on the question at a primary, general or special election. The question may be combined with questions submitted pursuant to NRS 375.025, 376A.040 and 376A.070 or any combination thereof.

    2.  If a county imposes a sales tax pursuant to this section and NRS 376A.040, the combined additional sales tax must not exceed 1/4 of 1 percent. A tax imposed pursuant to this section applies throughout the county, including incorporated cities in the county.

    3.  Before the election occurs, an open-space plan must be adopted by the board of county commissioners pursuant to NRS 376A.020 and the adopted open-space plan must be endorsed by resolution by the city council of each incorporated city in the county.

    4.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid pursuant to this section must be paid to the department of taxation in the form of remittances payable to the department of taxation. The department of taxation shall deposit the payments with the state treasurer for credit to the sales and use tax account in the state general fund. The state controller, acting upon the collection data furnished by the department of taxation, shall transfer monthly all fees, taxes, interest and penalties collected during the preceding month to the intergovernmental fund and remit the money to the county treasurer.

    Sec. 5.  NRS 376A.070 is hereby amended to read as follows:

    376A.070  1.  The board of county commissioners in a county whose population is [100,000 or more but] less than 400,000 [,] may levy an ad valorem tax at the rate of up to 1 cent on each $100 of assessed valuation upon all taxable property in the county after receiving the approval of a majority of the registered voters of the county voting on the question at a primary, general or special election. The question may be combined with questions submitted pursuant to NRS 375.025, 376A.040 and 376A.050 or any combination thereof. A tax imposed pursuant to this section applies throughout the county, including incorporated cities in the county.

    2.  The department of taxation shall add an amount equal to the rate of any tax imposed pursuant to this section multiplied by the total assessed valuation of the county to the allowed revenue from taxes ad valorem of the county.


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    3.  Before the tax is imposed, an open-space plan must be adopted by the board of county commissioners pursuant to NRS 376A.020 and the adopted open-space plan must be endorsed by resolution by the city council of each incorporated city within the county.

    Sec. 6.  The amendatory provisions of this act expire by limitation on October 1, 2029.

________

 

CHAPTER 459, AB 542

Assembly Bill No. 542–Committee on Judiciary

 

CHAPTER 459

 

AN ACT relating to motor vehicles; revising provisions concerning driving under the influence of intoxicating liquor or a controlled substance; providing penalties; and providing other matters properly relating thereto.

 

[Approved June 7, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  1.  The department shall, upon receiving an order from a court to suspend the registration of each motor vehicle that is registered to or owned by a person pursuant to section 7 of this act, suspend the registration of each such motor vehicle for 5 days and require the return to the department of the license plates of each such motor vehicle.

    2.  If the registration of a motor vehicle of a person is suspended pursuant to this section, he shall immediately return the certificate of registration and the license plates to the department.

    3.  The period of suspension of the registration of a motor vehicle that is suspended pursuant to this section begins on the effective date of the suspension as set forth in the notice thereof.

    4.  The department shall reinstate the registration of a motor vehicle that was suspended pursuant to this section and reissue the license plates of the motor vehicle only upon the payment of the fee for reinstatement of registration prescribed in subsection 9 of NRS 482.480.

    5.  The suspension of the registration of a motor vehicle pursuant to this section does not prevent the owner of the motor vehicle from selling or otherwise transferring an interest in the motor vehicle.

    Sec. 3.  1.  A person who has had the registration of his motor vehicle suspended pursuant to section 2 of this act and who drives the motor vehicle for which the registration has been suspended on a highway is guilty of a misdemeanor and shall be:

    (a) Punished by imprisonment in the county jail for not less than 30 days nor more than 6 months; or


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ê1999 Statutes of Nevada, Page 2134 (Chapter 459, AB 542)ê

 

    (b) Sentenced to a term of not less than 60 days not more than 6 months in residential confinement, and by a fine of not less than $500 and not more than $1,000.

The provisions of this subsection do not apply if the period of suspension has expired but the person has not reinstated his registration.

    2.  A person who has had the registration of his motor vehicle suspended pursuant to section 2 of this act and who knowingly allows the motor vehicle for which the registration has been suspended to be operated by another person upon a highway is guilty of a misdemeanor.

    3.  A person who willfully fails to return a certificate of registration or the license plates as required pursuant to section 2 of this act is guilty of a misdemeanor.

    4.  A term of imprisonment imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that the full term of imprisonment must be served within 6 months after the date of conviction, and any segment of time the person is imprisoned must not consist of less than 24 hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the person convicted.

    5.  Jail sentences simultaneously imposed pursuant to this section and NRS 484.3792, 484.37937 or 484.3794 must run consecutively.

    Sec. 4.  NRS 482.480 is hereby amended to read as follows:

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

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

    2.  Except as otherwise provided in subsection 3:

    (a) For each of the fifth and sixth such cars registered to a person for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816, a fee for registration of $16.50.

    (b) For each of the seventh and eighth such cars registered to a person for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816, a fee for registration of $12.

    (c) For each of the ninth or more such cars registered to a person for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816, a fee for registration of $8.

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

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

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

    4.  For every motorcycle, a fee for registration of $33 and for each motorcycle other than a trimobile, an additional fee of $6 for motorcycle safety. The additional fee must be deposited in the state highway fund for credit to the account for the program for the education of motorcycle riders.

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


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ê1999 Statutes of Nevada, Page 2135 (Chapter 459, AB 542)ê

 

    6.  To reinstate the registration of a motor vehicle suspended pursuant to NRS 485.317:

    (a) A fee of $250 for a registered owner who failed to have insurance on the date specified in the form for verification that was mailed by the department pursuant to subsection 2 of NRS 485.317; or

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

both of which must be deposited in the account for verification of insurance which is hereby created in the state highway fund. Money in the account must be used to carry out the provisions of NRS 485.313 to 485.318, inclusive.

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

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

    9.  To reinstate the registration of a motor vehicle that is suspended pursuant to section 2 of this act, a fee of $33.

    Sec. 5.  NRS 483.460 is hereby amended to read as follows:

    483.460  1.  Except as otherwise provided by statute, the department shall revoke the license, permit or privilege of any driver upon receiving a record of his conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:

    (a) For a period of 3 years if the offense is:

         (1) A violation of subsection 2 of NRS 484.377.

         (2) A third or subsequent violation within 7 years of NRS 484.379.

         (3) A violation of NRS 484.3795 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance.

The period during which such a driver is not eligible for a license, permit or privilege to drive must be set aside during any period of imprisonment and the period of revocation must resume upon completion of the period of imprisonment or when the person is placed on residential confinement.

    (b) For a period of 1 year if the offense is:

         (1) Any other manslaughter resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.

         (2) Failure to stop and render aid as required pursuant to the laws of this state in the event of a motor vehicle accident resulting in the death or bodily injury of another.

         (3) Perjury or the making of a false affidavit or statement under oath to the department pursuant to NRS 483.010 to 483.630, inclusive, or pursuant to any other law relating to the ownership or driving of motor vehicles.

         (4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.

         (5) A second violation within 7 years of NRS 484.379 and [, except as otherwise provided in subsection 2 of NRS 483.490,] the driver is not eligible for a restricted license during any of that period.

         (6) A violation of NRS 484.348.


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ê1999 Statutes of Nevada, Page 2136 (Chapter 459, AB 542)ê

 

    (c) For a period of 90 days, if the offense is a first violation within 7 years of NRS 484.379.

    2.  The department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484.379 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege to drive.

    3.  When the department is notified by a court that a person who has been convicted of [violating] a first violation within 7 years of NRS 484.379 has been permitted to enter a program of treatment pursuant to NRS 484.37937 , [or 484.3794,] the department shall reduce by one-half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.

    4.  The department shall revoke the license, permit or privilege to drive of a person who is required to install a device pursuant to NRS 484.3943 but who operates a motor vehicle without such a device:

    (a) For 3 years, if it is his first such offense during the period of required use of the device.

    (b) For 5 years, if it is his second such offense during the period of required use of the device.

    5.  A driver whose license, permit or privilege is revoked pursuant to subsection 4 is not eligible for a restricted license during the period set forth in paragraph (a) or (b) of that subsection, whichever [is applicable.] applies.

    6.  When the department is notified that a court has:

    (a) Pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.224, 62.2255, 62.226 or 62.228, ordered the suspension or delay in the issuance of a child’s license;

    (b) Pursuant to NRS 206.330, ordered the suspension or delay in the issuance of a person’s license; or

    (c) Pursuant to NRS 62.227, ordered the revocation of a child’s license,

the department shall take such actions as are necessary to carry out the court’s order.

    7.  As used in this section, “device” has the meaning ascribed to it in NRS 484.3941.

    Sec. 6.  NRS 483.490 is hereby amended to read as follows:

    483.490  1.  Except as otherwise provided in this section, after a driver’s license has been suspended or revoked for an offense other than a second violation within 7 years of NRS 484.379 and one-half of the period during which the driver is not eligible for a license has expired, the department may, unless the statute authorizing the suspension prohibits the issuance of a restricted license, issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

    (a) To and from work or in the course of his work, or both; or

    (b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself or a member of his immediate family.

Before a restricted license may be issued, the applicant must submit sufficient documentary evidence to satisfy the department that a severe hardship exists because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if he is issued a restricted license.


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ê1999 Statutes of Nevada, Page 2137 (Chapter 459, AB 542)ê

 

because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if he is issued a restricted license.

    2.  A person who has been ordered to install a device in a motor vehicle [which he owns or operates] pursuant to NRS 484.3943:

    (a) Shall install the device not later than 21 days after the date on which the order issued; and

    (b) May not receive a restricted license pursuant to this section until:

         (1) After at least [180 days] 1 year of the period during which he is not eligible for a license, if he was convicted of [a violation of subsection 2 of NRS 484.377,] a violation of NRS 484.3795 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance or if he was convicted of a third or subsequent violation within 7 years of NRS 484.379;

         (2) After at least [90] 180 days of the period during which he is not eligible for a license, if he was convicted of [a second violation within 7 years of NRS 484.379;] a violation of subsection 2 of NRS 484.377; or

         (3) After at least 45 days of the period during which he is not eligible for a license, if he was convicted of a first violation within 7 years of NRS 484.379.

    3.  If the department has received a copy of an order requiring a person to install a device in a motor vehicle [which he owns or operates] pursuant to NRS 484.3943, the department shall not issue a restricted driver’s license to such a person pursuant to this section unless the applicant has submitted proof of compliance with the order and subsection 2.

    4.  After a driver’s license has been revoked pursuant to subsection 1 of NRS 62.227 or suspended pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.224, 62.2255, 62.226 or 62.228, the department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

    (a) If applicable, to and from work or in the course of his work, or both; and

    (b) If applicable, to and from school.

    5.  After a driver’s license has been suspended pursuant to NRS 483.443, the department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

    (a) If applicable, to and from work or in the course of his work, or both;

    (b) To receive regularly scheduled medical care for himself or a member of his immediate family; and

    (c) If applicable, as necessary to exercise a court-ordered right to visit a child.

    6.  A driver who violates a condition of a restricted license issued pursuant to subsection 1 or by another jurisdiction is guilty of a misdemeanor, and if his license was suspended or revoked for a violation of NRS 484.379, 484.3795, 484.384 or a homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction which prohibits the same conduct, he shall be punished in the manner provided pursuant to subsection 2 of NRS 483.560.


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ê1999 Statutes of Nevada, Page 2138 (Chapter 459, AB 542)ê

 

    7.  The periods of suspensions and revocations required pursuant to this chapter and NRS 484.384 must run consecutively, except as otherwise provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.

    8.  Whenever the department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.

    Sec. 7.  Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If a person is convicted of a second or subsequent violation of NRS 484.379 or 484.3795 within 7 years, the court shall issue an order directing the department to suspend the registration of each motor vehicle that is registered to or owned by the person for 5 days.

    2.  If a court issues an order directing the department to suspend the registration of a motor vehicle pursuant to subsection 1, the court shall forward a copy of the order to the department within 5 days after issuing the order. The order must include, without limitation, information concerning each motor vehicle that is registered to or owned by the person, including, without limitation, the registration number of the motor vehicle, if such information is available.

    3.  A court shall provide for limited exceptions to the provisions of subsection 1 on an individual basis to avoid undue hardship to a person other than the person to whom that provision applies. Such an exception must be provided if the court determines that:

    (a) A member of the immediate family of the person whose registration is suspended needs to use the motor vehicle:

         (1) To travel to or from work or in the course and scope of his employment;

         (2) To obtain medicine, food or other necessities or to obtain health care services for himself or another member of his immediate family; or

         (3) To transport himself or another member of his immediate family to or from school; or

    (b) An alternative means of transportation is not available to a member of the immediate family of the person whose registration is suspended.

    Sec. 8.  NRS 484.3792 is hereby amended to read as follows:

    484.3792  1.  A person who violates the provisions of NRS 484.379:

    (a) For the first offense within 7 years, is guilty of a misdemeanor. Unless he is allowed to undergo treatment as provided in NRS 484.37937, the court shall:

         (1) Except as otherwise provided in subsection 6, order him to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the department and complete the course within the time specified in the order, and the court shall notify the department if he fails to complete the course within the specified time;


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ê1999 Statutes of Nevada, Page 2139 (Chapter 459, AB 542)ê

 

         (2) Unless the sentence is reduced pursuant to NRS 484.37937, sentence him to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform 96 hours of work for the community while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379; and

         (3) Fine him not less than $400 nor more than $1,000.

    (b) For a second offense within 7 years, is guilty of a misdemeanor. Unless the sentence is reduced pursuant to NRS 484.3794, the court:

         (1) Shall sentence him to:

             (I) Imprisonment for not less than 10 days nor more than 6 months in jail; or

             (II) Residential confinement for not less than 10 days nor more than 6 months, in the manner provided in NRS 4.376 to 4.3768, inclusive, or 5.0755 to 5.078, inclusive;

         (2) Shall fine him not less than $750 nor more than $1,000;

         (3) Shall order him to perform not less than 100 hours, but not more than 200 hours, of work for the community while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379, unless the court finds that extenuating circumstances exist; and

         (4) May order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.

A person who willfully fails or refuses to complete successfully a term of residential confinement or a program of treatment ordered pursuant to this paragraph is guilty of a misdemeanor.

    (c) For a third or subsequent offense within 7 years, 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 shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

    2.  An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.

    3.  A person convicted of violating the provisions of NRS 484.379 must not be released on probation, and a sentence imposed for violating those provisions must not be suspended except, as provided in NRS 4.373, 5.055, 484.37937 and 484.3794, that portion of the sentence imposed that exceeds the mandatory minimum. A prosecuting attorney shall not dismiss a charge of violating the provisions of NRS 484.379 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.


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ê1999 Statutes of Nevada, Page 2140 (Chapter 459, AB 542)ê

 

    4.  A term of confinement imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the suspension of his sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.

    5.  Jail sentences simultaneously imposed pursuant to this section and NRS 483.560 or 485.330 or section 3 of this act must run consecutively.

    6.  If the person who violated the provisions of NRS 484.379 possesses a driver’s license issued by a state other than the State of Nevada and does not reside in the State of Nevada, in carrying out the provisions of subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:

    (a) Order the person to pay tuition for and submit evidence of completion of an educational course on the abuse of alcohol and controlled substances approved by a governmental agency of the state of his residence within the time specified in the order; or

    (b) Order him to complete an educational course by correspondence on the abuse of alcohol and controlled substances approved by the department within the time specified in the order,

and the court shall notify the department if the person fails to complete the assigned course within the specified time.

    7.  If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

    8.  As used in this section, unless the context otherwise requires, “offense” means a violation of NRS 484.379 or 484.3795 or a homicide resulting from the driving of a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction that prohibits the same or similar conduct.

    Sec. 9.  NRS 484.3943 is hereby amended to read as follows:

    484.3943  1.  Except as otherwise provided in subsection 5, a court:

    (a) May order a person convicted of a first violation of NRS 484.379, for a period of not less than 3 months nor more than 6 months; and

    (b) [Shall order a person convicted of a second violation of NRS 484.379, for a period of not less than 6 months nor more than 12 months; and

    (c)] Shall order a person convicted of a third or subsequent violation of NRS 484.379 or a violation of NRS 484.3795, for a period of not less than 12 months nor more than 36 months,

to install at his own expense a device in any motor vehicle which he owns or operates as a condition to obtaining a restricted license pursuant to subsection 3 of NRS 483.490.


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ê1999 Statutes of Nevada, Page 2141 (Chapter 459, AB 542)ê

 

    2.  A court may order a person convicted of a violation of NRS 484.379 or 484.3795, for a period determined by the court, to install at his own expense a device in any motor vehicle which he owns or operates as a condition of reinstatement of his driving privilege.

    3.  If the court orders a person to install a device pursuant to subsection 1 or 2:

    (a) The court shall immediately prepare and transmit a copy of its order to the director. The order must include a statement that a device is required and the specific period for which it is required. The director shall cause this information to be incorporated into the records of the department and noted as a restriction on the person’s driver’s license.

    (b) The person who is required to install the device shall provide proof of compliance to the department before he may receive a restricted license or before his driving privilege may be reinstated, as applicable. Each model of a device installed pursuant to this section must have been certified by the committee on testing for intoxication.

    4.  A person whose driving privilege is restricted pursuant to this section shall:

    (a) If he was ordered to install a device pursuant to paragraph (a) of subsection 1, have the device inspected by the manufacturer of the device or its agent at least one time during the period in which he is required to use the device; or

    (b) If he was ordered to install a device pursuant to paragraph (b) [or (c)] of subsection 1, have the device inspected by the manufacturer of the device or its agent at least one time each 90 days,

to determine whether the device is operating properly. An inspection required pursuant to this subsection must be conducted in accordance with regulations adopted pursuant to NRS 484.3888. The manufacturer or its agent shall submit a report to the director indicating whether the device is operating properly and whether it has been tampered with. If the device has been tampered with, the director shall notify the court that ordered the installation of the device.

    5.  If a person is required to operate a motor vehicle in the course and scope of his employment and the motor vehicle is owned by his employer, the person may operate that vehicle without the installation of a device, if:

    (a) The employee notifies his employer that the employee’s driving privilege has been so restricted; and

    (b) The employee has proof of that notification in his possession or the notice, or a facsimile copy thereof, is with the motor vehicle.

This exemption does not apply to a motor vehicle owned by a business which is all or partly owned or controlled by the person otherwise subject to this section.

    Sec. 10.  NRS 4.3762 is hereby amended to read as follows:

    4.3762  1.  Except as otherwise provided in subsection [6,] 7, in lieu of imposing any punishment other than a minimum sentence [mandated] required by statute, a justice of the peace may sentence a person convicted of a misdemeanor to a term of residential confinement. In making this determination, the justice of the peace shall consider the criminal record of the convicted person and the seriousness of the crime committed.


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ê1999 Statutes of Nevada, Page 2142 (Chapter 459, AB 542)ê

 

    2.  In sentencing a convicted person to a term of residential confinement, the justice of the peace shall:

    (a) Require the convicted person to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the justice of the peace; and

    (b) Require intensive supervision of the convicted person, including, without limitation, electronic surveillance and unannounced visits to his residence or other locations where he is expected to be to determine whether he is complying with the terms of his sentence.

    3.  In sentencing a convicted person to a term of residential confinement, the justice of the peace may, when the circumstances warrant, require the convicted person to submit to:

    (a) A search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and

    (b) Periodic tests to determine whether the offender is using a controlled substance or consuming alcohol.

    4.  [An] Except as otherwise provided in subsection 5, an electronic device may be used to supervise a convicted person sentenced to a term of residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the presence of the person at his residence, including, but not limited to, the transmission of still visual images which do not concern the activities of the person while inside his residence. A device which is capable of recording or transmitting:

    (a) Oral or wire communications or any auditory sound; or

    (b) Information concerning the activities of the person while inside his residence,

must not be used.

    5.  An electronic device must be used in the manner set forth in subsection 4 to supervise a person who is sentenced pursuant to paragraph (b) of subsection 1 of NRS 484.3792 for a second violation within 7 years of driving under the influence of intoxicating liquor or a controlled substance.

    6.  A term of residential confinement, together with the term of any minimum sentence [mandated] required by statute, may not exceed the maximum sentence which otherwise could have been imposed for the offense.

    [6.] 7.  The justice of the peace shall not sentence a person convicted of committing a battery which constitutes domestic violence pursuant to NRS 33.018 to a term of residential confinement in lieu of imprisonment unless the justice of the peace makes a finding that the person is not likely to pose a threat to the victim of the battery.

    [7.] 8.  The justice of the peace may issue a warrant for the arrest of a convicted person who violates or fails to fulfill a condition of residential confinement.


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ê1999 Statutes of Nevada, Page 2143 (Chapter 459, AB 542)ê

 

    Sec. 11.  NRS 5.076 is hereby amended to read as follows:

    5.076  1.  Except as otherwise provided in subsection [6,] 7, in lieu of imposing any punishment other than a minimum sentence [mandated] required by statute, a municipal judge may sentence a person convicted of a misdemeanor to a term of residential confinement. In making this determination, the municipal judge shall consider the criminal record of the convicted person and the seriousness of the crime committed.

    2.  In sentencing a convicted person to a term of residential confinement, the municipal judge shall:

    (a) Require the convicted person to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the municipal judge; and

    (b) Require intensive supervision of the convicted person, including, without limitation, electronic surveillance and unannounced visits to his residence or other locations where he is expected to be in order to determine whether he is complying with the terms of his sentence.

    3.  In sentencing a convicted person to a term of residential confinement, the municipal judge may, when the circumstances warrant, require the convicted person to submit to:

    (a) A search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and

    (b) Periodic tests to determine whether the offender is using a controlled substance or consuming alcohol.

    4.  [An] Except as otherwise provided in subsection 5, an electronic device may be used to supervise a convicted person sentenced to a term of residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the presence of the person at his residence, including, but not limited to, the transmission of still visual images which do not concern the activities of the person while inside his residence. A device which is capable of recording or transmitting:

    (a) Oral or wire communications or any auditory sound; or

    (b) Information concerning the activities of the person while inside his residence,

must not be used.

    5.  An electronic device must be used in the manner set forth in subsection 4 to supervise a person who is sentenced pursuant to paragraph (b) of subsection 1 of NRS 484.3792 for a second violation within 7 years of driving under the influence of intoxicating liquor or a controlled substance.

    6.  A term of residential confinement, together with the term of any minimum sentence [mandated] required by statute, may not exceed the maximum sentence which otherwise could have been imposed for the offense.


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ê1999 Statutes of Nevada, Page 2144 (Chapter 459, AB 542)ê

 

    [6.] 7.  The municipal judge shall not sentence a person convicted of committing a battery which constitutes domestic violence pursuant to NRS 33.018 to a term of residential confinement in lieu of imprisonment unless the municipal judge makes a finding that the person is not likely to pose a threat to the victim of the battery.

    [7.] 8.  The municipal judge may issue a warrant for the arrest of a convicted person who violates or fails to fulfill a condition of residential confinement.

    Sec. 12.  NRS 458.260 is hereby amended to read as follows:

    458.260  1.  Except as otherwise provided in subsection 2, the use of alcohol, the status of drunkard and the fact of being found in an intoxicated condition are not:

    (a) Public offenses and shall not be so treated in any ordinance or resolution of a county, city or town.

    (b) Elements of an offense giving rise to a criminal penalty or civil sanction.

    2.  The provisions of subsection 1 do not apply to:

    (a) The provisions of NRS 483.460, 483.490, subsection 2 of NRS 483.560 and NRS 484.384 [;] and sections 2, 3 and 7 of this act;

    (b) An offense for which intoxication is an element of the offense pursuant to the provisions of a specific statute;

    (c) A homicide resulting from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; and

    (d) Any offense similar to an offense set forth in paragraph (a), (b) or (c) that is set forth in an ordinance or resolution of a county, city or town.

    3.  This section does not make intoxication an excuse or defense for any criminal act.

    Sec. 13.  Section 1.9 of chapter 551, Statutes of Nevada 1997, at page 2647, is hereby amended to read as follows:

   Sec. 1.9.  NRS 482.480 is hereby amended to read as follows:

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

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

     2.  Except as otherwise provided in subsection 3:

     (a) For each of the fifth and sixth such cars registered to a person , [for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816,] a fee for registration of $16.50.

     (b) For each of the seventh and eighth such cars registered to a person , [for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816,] a fee for registration of $12.

     (c) For each of the ninth or more such cars registered to a person , [for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816,] a fee for registration of $8.


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ê1999 Statutes of Nevada, Page 2145 (Chapter 459, AB 542)ê

 

482.380, 482.381, 482.3812, 482.3814 or 482.3816,] a fee for registration of $8.

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

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

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

     4.  For every motorcycle, a fee for registration of $33 and for each motorcycle other than a trimobile, an additional fee of $6 for motorcycle safety. The additional fee must be deposited in the state highway fund for credit to the account for the program for the education of motorcycle riders.

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

     6.  To reinstate the registration of a motor vehicle suspended pursuant to NRS 485.317:

     (a) A fee of $250 for a registered owner who failed to have insurance on the date specified in the form for verification that was mailed by the department pursuant to subsection 2 of NRS 485.317; or

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

both of which must be deposited in the account for verification of insurance which is hereby created in the state highway fund. Money in the account must be used to carry out the provisions of NRS 485.313 to 485.318, inclusive.

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

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

     9.  To reinstate the registration of a motor vehicle that is suspended pursuant to section 2 of this act, a fee of $33.

    Sec. 14.  The amendatory provisions of this act do not apply to acts that were committed before October 1, 2000.

    Sec. 15.  This act becomes effective on October 1, 2000.

________

 


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ê1999 Statutes of Nevada, Page 2146ê

 

CHAPTER 460, AB 614

Assembly Bill No. 614–Committee on Elections, Procedures, and Ethics

 

CHAPTER 460

 

AN ACT relating to elections; making various provisions for access to and use of polling places and absent ballots by voters who are disabled, elderly or unable to go to polling places; requiring a candidate to be an actual, as opposed to constructive, resident of his claimed residence; changing the period that unused ballots must be held by the county clerk; revising the requirements for recounting ballots by hand; specifying the time within which a public officer who is subject to a recall may resign without a special election being conducted; making various changes to election deadlines and procedures; and providing other matters properly relating thereto.

 

[Approved June 7, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  1.  A registered voter who, because of a physical disability, is unable to mark or sign a ballot or use a voting device without assistance may submit a written statement to the appropriate county clerk requesting that he receive an absent ballot for each election conducted during the period specified in subsection 3.

    2.  A written statement submitted pursuant to subsection 1 must:

    (a) Include a statement from a physician licensed in this state certifying that the registered voter is a person with a physical disability and, because of the physical disability, he is unable to mark or sign a ballot or use a voting device without assistance;

    (b) Designate the person who will assist the registered voter in marking and signing the absent ballot on behalf of the registered voter; and

    (c) Include the name, address and signature of the person designated pursuant to paragraph (b).

    3.  Upon receipt of a written statement submitted by a registered voter pursuant to subsection 1, the county clerk shall, if the statement includes the information required pursuant to subsection 2, issue an absent ballot to the registered voter for each election that is conducted during the year immediately succeeding the date the written statement is submitted to the county clerk.

    4.  To determine whether a registered voter is entitled to receive an absent ballot pursuant to this section, the county clerk may, every year after an absent ballot is issued to a registered voter pursuant to subsection 3, require the registered voter to submit a statement from a licensed physician as specified in paragraph (a) of subsection 2. If a statement from a physician licensed in this state submitted pursuant to this subsection indicates that the registered voter is no longer physically disabled, the county clerk shall not issue an absent ballot to the registered voter pursuant to this section.


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ê1999 Statutes of Nevada, Page 2147 (Chapter 460, AB 614)ê

 

    5.  A person designated pursuant to paragraph (b) of subsection 2 may, on behalf of and at the direction of the registered voter, mark and sign an absent ballot issued to the registered voter pursuant to the provisions of this section. If the person marks and signs the ballot, the person shall indicate next to his signature that the ballot has been marked and signed on behalf of the registered voter.

    6.  The procedure authorized pursuant to this section is subject to all other provisions of this chapter relating to voting by absent ballot to the extent that those provisions are not inconsistent with the provisions of this section.

    Sec. 3.  1.  A person who, during the 6 months immediately preceding an election, mails to more than a total of 500 registered voters a form to request an absent ballot for the election shall:

    (a) Mail the form prescribed by the secretary of state, which must, in 14-point type or larger:

         (1) Identify the person who is mailing the form;

         (2) Include a notice stating, “This is a request for an absent ballot.”; and

         (3) State that by returning the form the form will be submitted to the county clerk;

    (b) Not later than 14 days before mailing such a form, notify the county clerk of each county to which a form will be mailed of the number of forms to be mailed to voters in the county and the date of the mailing of the forms; and

    (c) Not mail such a form later than 21 days before the election.

    2.  The provisions of this section do not authorize a person to vote by absent ballot if he is not otherwise eligible to vote by absent ballot.

    Sec. 4.  NRS 293.1276 is hereby amended to read as follows:

    293.1276  1.  Within 4 days excluding Saturdays, Sundays and holidays, after the submission of a petition containing signatures which are required to be verified pursuant to NRS 293.128, 293.165, 293.172, 293.200, 295.056, 298.109 [or 306.035,] , 306.035 or 306.110, the county clerk shall determine the total number of signatures affixed to the documents and forward that information to the secretary of state.

    2.  If the secretary of state finds that the total number of signatures filed with all the county clerks is less than 100 percent of the required number of registered voters, he shall so notify the person who submitted the petition and the county clerks and no further action may be taken in regard to the petition. If the petition is a petition to recall a county, district or municipal officer, the secretary of state shall also notify the officer with whom the petition is to be filed.

    3.  After the petition is submitted to the county clerk it must not be handled by any other person except by an employee of the county clerk’s office until it is filed with the secretary of state.

    Sec. 5.  NRS 293.1277 is hereby amended to read as follows:

    293.1277  1.  If the secretary of state finds that the total number of signatures submitted to all the county clerks is 100 percent or more of the number of registered voters needed to declare the petition sufficient, he shall immediately so notify the county clerks. Within 9 days excluding Saturdays, Sundays and holidays after notification, each of the county clerks shall determine the number of registered voters who have signed the documents submitted in his county.


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ê1999 Statutes of Nevada, Page 2148 (Chapter 460, AB 614)ê

 

Sundays and holidays after notification, each of the county clerks shall determine the number of registered voters who have signed the documents submitted in his county.

    2.  If more than 500 names have been signed on the documents submitted to him, a county clerk shall examine the signatures by sampling them at random for verification. The random sample of signatures to be verified must be drawn in such a manner that every signature which has been submitted to the county clerk is given an equal opportunity to be included in the sample. The sample must include an examination of at least 500 or 5 percent of the signatures, whichever is greater.

    3.  In determining from the records of registration the number of registered voters who signed the documents, the county clerk may use the signatures contained in the file of applications to register to vote. If the county clerk uses that file, he shall ensure that every application in the file is examined, including any application in his possession which may not yet be entered into his records. The county clerk shall rely only on the appearance of the signature and the address and date included with each signature in making his determination.

    4.  Except as otherwise provided in subsection 6, upon completing the examination, the county clerk shall immediately attach to the documents a certificate properly dated, showing the result of his examination and transmit the documents with the certificate to the secretary of state. A copy of this certificate must be filed in the clerk’s office.

    5.  A person who submits a petition to the county clerk which is required to be verified pursuant to NRS 293.128, 293.165, 293.172, 293.200, 295.056, 298.109 , [or] 306.035 or 306.110 must be allowed to witness the verification of the signatures. A public officer who is the subject of a recall petition must also be allowed to witness the verification of the signatures on the petition.

    6.  For any petition containing signatures which are required to be verified pursuant to the provisions of NRS 293.165, 293.200 , [or] 306.035 or 306.110 for any county, district or municipal office within one county, the county clerk shall not transmit to the secretary of state the documents containing the signatures of the registered voters.

    7.  The secretary of state may by regulation establish further procedures for carrying out the provisions of this section.

    Sec. 6.  NRS 293.1279 is hereby amended to read as follows:

    293.1279  1.  If the statistical sampling shows that the number of valid signatures filed is 90 percent or more but less than 100 percent of the number of signatures of registered voters needed to declare the petition sufficient, the secretary of state shall order the county clerks to examine the signatures for verification. The county clerks [must] shall examine the signatures for verification until they determine that 100 percent of the number of signatures of registered voters needed to declare the petition sufficient are valid.

    2.  If the statistical sampling shows that the number of valid signatures filed in any county is 90 percent or more but less than 100 percent of the number of signatures of registered voters needed to constitute 10 percent of the number of voters who voted at the last preceding general election in that county, the secretary of state may order the county clerk in that county to examine every signature for verification.


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ê1999 Statutes of Nevada, Page 2149 (Chapter 460, AB 614)ê

 

county, the secretary of state may order the county clerk in that county to examine every signature for verification.

    3.  Within 12 days excluding Saturdays, Sundays and holidays after receipt of such an order, the clerk shall determine from the records of registration what number of registered voters have signed the petition. If necessary, the board of county commissioners shall allow the county clerk additional assistants for examining the signatures and provide for their compensation. In determining from the records of registration what number of registered voters have signed the petition, the clerk may use any file or list of registered voters maintained by his office or facsimiles of voters’ signatures. The county clerk may rely on the appearance of the signature and the address and date included with each signature in determining the number of registered voters that signed the petition.

    4.  Except as otherwise provided in subsection 5, upon completing the examination, the county clerk shall immediately attach to the documents of the petition an amended certificate properly dated, showing the result of the examination and shall immediately forward the documents with the amended certificate to the secretary of state. A copy of the amended certificate must be filed in the county clerk’s office.

    5.  For any petition containing signatures which are required to be verified pursuant to the provisions of NRS 293.165, 293.200 , [or] 306.035 or 306.110 for any county, district or municipal office within one county, the county clerk shall not forward to the secretary of state the documents containing the signatures of the registered voters.

    6.  Except for a petition to recall a county, district or municipal officer, the petition shall be deemed filed with the secretary of state as of the date on which he receives certificates from the county clerks showing the petition to be signed by the requisite number of voters of the state.

    7.  If the amended certificates received from all county clerks by the secretary of state establish that the petition is still insufficient, he shall immediately so notify the petitioners and the county clerks. If the petition is a petition to recall a county, district or municipal officer, the secretary of state shall also notify the officer with whom the petition is to be filed.

    Sec. 7.  NRS 293.165 is hereby amended to read as follows:

    293.165  1.  Except as otherwise provided in NRS 293.166, a vacancy occurring in a major or minor political party nomination for office may be filled by a candidate designated by the party central committee of the county or state, as the case may be, subject to the provisions of subsections 4 and 5.

    2.  A vacancy occurring in a nonpartisan nomination after the close of filing and on or before the [first] second Tuesday in [September] August must be filled by filing a nominating petition that is signed by [at least] registered voters of the state, county, district or municipality who may vote for the office in question. The number of registered voters who sign the petition must not be less than 1 percent of the number of persons [who are registered to vote and] who voted for the office in question in the state, county, district or municipality at the last preceding general election. The petition must be filed not earlier than the first Tuesday in June and not later than the [third] fourth Tuesday in [September.] August. The petition may consist of more than one document. Each document must bear the name of one county and must not be signed by a person who is not a registered voter of that county.


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ê1999 Statutes of Nevada, Page 2150 (Chapter 460, AB 614)ê

 

one county and must not be signed by a person who is not a registered voter of that county. Each document of the petition must be submitted for verification pursuant to NRS 293.1276 to 293.1279, inclusive, to the county clerk of the county named on the document. A candidate nominated pursuant to the provisions of this subsection [may] :

    (a) Must file a declaration of candidacy or acceptance of candidacy and pay the statutory filing fee on or before the date the petition is filed; and

    (b) May be elected only at a general election and his name must not appear on the ballot for a primary election.

    3.  A vacancy occurring in a nonpartisan nomination after [a primary election] the second Tuesday in August and on or before the second Tuesday in September must be filled by the person who [received] receives the next highest vote for the nomination in the primary.

    4.  [Except to place a candidate nominated pursuant to subsection 2 on the ballot, no] No change may be made on the ballot after the second Tuesday in September of the year in which the general election is held. If a nominee dies after that date, his name must remain on the ballot and, if elected, a vacancy exists.

    5.  All designations provided for in this section must be filed before 5 p.m. on the second Tuesday in September. In each case, the statutory filing fee must be paid and an acceptance of the designation must be filed before 5 p.m. on [that date.] the date the designation is filed.

    Sec. 8.  NRS 293.166 is hereby amended to read as follows:

    293.166  1.  A vacancy occurring in a party nomination for the office of state senator or assemblyman from a legislative district comprising more than one county may be filled as follows, subject to the provisions of subsections 2 and 3. The county commissioners of each county , all or part of which is included within the legislative district, shall meet to appoint a person who is of the same political party as the former nominee and who actually, as opposed to constructively, resides in the district to fill the vacancy, under the chairmanship of the chairman of the board of county commissioners of the county whose population residing within the district is the greatest. Each board of county commissioners shall first meet separately and determine the single candidate it will nominate to fill the vacancy. Then , the boards shall meet jointly and the chairmen on behalf of the boards shall cast a proportionate number of votes according to the percent, rounded to the nearest whole percent, which the population of its county is of the population of the entire district. Populations must be determined by the last decennial census or special census conducted by the Bureau of the Census of the United States Department of Commerce. The person who receives a plurality of these votes is appointed to fill the vacancy. If no person receives a plurality of the votes, the boards of county commissioners of the respective counties shall each as a group select one candidate, and the nominee must be chosen by drawing lots among the persons so selected.

    2.  No change may be made on the ballot after the second Tuesday in September of the year in which the general election is held. If a nominee dies after that date, his name must remain on the ballot and, if elected, a vacancy exists.


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ê1999 Statutes of Nevada, Page 2151 (Chapter 460, AB 614)ê

 

    3.  The designation of a nominee pursuant to this section must be filed with the secretary of state before 5 p.m. of the second Tuesday in September, and the statutory filing fee must be paid with the designation.

    Sec. 9.  NRS 293.1755 is hereby amended to read as follows:

    293.1755  1.  In addition to any other requirement provided by law, no person may be a candidate for any office unless, for at least the 30 days [before] immediately preceding the date of the close of filing of declarations of candidacy or acceptances of candidacy for the office which he seeks, he has [been a legal resident of] , in accordance with NRS 281.050, actually, as opposed to constructively, resided in the state, district, county, township or other area prescribed by law to which the office pertains and, if elected, over which he will have jurisdiction or which he will represent.

    2.  Any person who knowingly and willfully files an acceptance of candidacy or declaration of candidacy which contains a false statement in this respect is guilty of a gross misdemeanor.

    3.  Any person convicted pursuant to the provisions of this section is disqualified from entering upon the duties of the office for which he was a candidate.

    4.  The provisions of this section do not apply to candidates for the office of district attorney.

    Sec. 10.  NRS 293.177 is hereby amended to read as follows:

    293.177  1.  Except as otherwise provided in NRS 293.165, a name may not be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy or an acceptance of candidacy, and paid the fee required by NRS 293.193 not earlier than the first Monday in May of the year in which the election is to be held nor later than 5 p.m. on the third Monday in May.

    2.  A declaration of candidacy or an acceptance of candidacy required to be filed by this section must be in substantially the following form:

    (a) For partisan office:

 

Declaration of Candidacy of ........ for the

Office of ................

 

State of Nevada

 

County of............................

 

For the purpose of having my name placed on the official ballot as a candidate for the ................ Party nomination for the office of ………, I, the undersigned …….., do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ………., in the City or Town of ……., County of ………., State of Nevada; that my actual , as opposed to constructive, residence in the state, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days [or more before] immediately preceding the date of the close of filing of declarations of candidacy for this office; that I am registered as a member of the ................ Party; that I have not, in violation of the provisions of NRS 293.176,


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ê1999 Statutes of Nevada, Page 2152 (Chapter 460, AB 614)ê

 

of NRS 293.176, changed the designation of my political party or political party affiliation on an official application to register to vote in any state since September 1 before the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of that political party in the coming election; that if nominated as a candidate of the ................ Party at the ensuing election I will accept that nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the constitution and laws of this state concerning the number of years or terms for which a person may hold the office; and that I understand that my name will appear on all ballots as designated in this declaration.

 

        

         (Designation of name)

        

    (Signature of candidate for office)

 

Subscribed and sworn to before

me this ..... day of ........, 19...

 

   

    Notary Public or other person

authorized to administer an oath

 

    (b) For nonpartisan office:

 

Declaration of Candidacy of ........ for the

Office of ................

 

State of Nevada

 

County of............................

 

For the purpose of having my name placed on the official ballot as a candidate for the office of ................, I, the undersigned ................, do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ………, in the City or Town of ……., County of ………, State of

Nevada; that my actual , as opposed to constructive, residence in the state, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days [or more before] immediately preceding the date of the close of filing of declarations of candidacy for this office; that if nominated as a nonpartisan candidate at the ensuing election I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the constitution and laws of this state concerning the number of years or terms for which a person may hold the office; and my name will appear on all ballots as designated in this declaration.


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ê1999 Statutes of Nevada, Page 2153 (Chapter 460, AB 614)ê

 

I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the constitution and laws of this state concerning the number of years or terms for which a person may hold the office; and my name will appear on all ballots as designated in this declaration.

 

        

         (Designation of name)

        

    (Signature of candidate for office)

 

Subscribed and sworn to before

me this ..... day of ........, 19...

 

   

    Notary Public or other person

authorized to administer an oath

 

    3.  A person may be a candidate under his given name and surname, a contraction or familiar form of his given name followed by his surname or the initial of his given name followed by his surname. A nickname of not more than 10 letters may be incorporated into a candidate’s name. The nickname must be in quotation marks and appear immediately before the candidate’s surname. A nickname must not indicate any political, economic, social or religious view or affiliation and must not be the name of any person, living or dead, whose reputation is known on a statewide, nationwide or worldwide basis, or in any other manner deceive a voter regarding the person or principles for which he is voting.

    4.  The address of a candidate which must be included in the declaration of candidacy or acceptance of candidacy pursuant to subsection 2 must be the street address of the residence where he actually , as opposed to constructively, resides [,] in accordance with NRS 281.050, if one has been assigned. The declaration or acceptance of candidacy must not be accepted for filing if the candidate’s address is listed as a post office box unless a street address has not been assigned to his residence.

    Sec. 11.  NRS 293.181 is hereby amended to read as follows:

    293.181  1.  A candidate for the office of state senator or assemblyman must execute and file with his declaration of candidacy or acceptance of candidacy a declaration of residency which must be in substantially the following form:

 

I, the undersigned , do swear or affirm under penalty of perjury that I have been a citizen resident of this state as required by NRS 218.010 and have actually, as opposed to constructively, resided [or intend to reside] at the following residence or residences [during the 12 months immediately preceding the date of the general election for the office for which I have filed.] since November 1 of the preceding year:

 


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ê1999 Statutes of Nevada, Page 2154 (Chapter 460, AB 614)ê

 

                                  

Street Address         Street Address

                                  

City or Town           City or Town

                                  

State         State

From         To                           From      To          

Dates of Residency                Dates of Residency

                                  

Street Address         Street Address

                                  

City or Town           City or Town

                                  

State         State

From         To                           From      To          

Dates of Residency                Dates of  Residency

(Attach additional sheet or sheets of residences as necessary)

    2.  Each address of a candidate which must be included in the declaration of residency pursuant to subsection 1 must be the street address of the residence where he actually , as opposed to constructively, resided or resides [,] in accordance with NRS 281.050, if one has been assigned. The declaration of residency must not be accepted for filing if any of the candidate’s addresses are listed as a post office box, unless a street address has not been assigned to the residence.

    Sec. 12.  NRS 293.200 is hereby amended to read as follows:

    293.200  1.  An independent candidate for partisan office must file with the proper filing officer:

    (a) A copy of the petition of candidacy that he intends to circulate for signatures. The copy must be filed before the petition may be circulated.

    (b) [A] If the office is a statewide office, a petition of candidacy signed by a number of registered voters equal to at least 1 percent of the total number of ballots cast in the state [or in the county or district electing that officer] for that office at the last preceding general election in which a person was elected to that office.

    (c) If the office is a county office, a petition of candidacy signed by a number of registered voters equal to at least 1 percent of the total number of ballots cast in the county for that office at the last preceding general election in which a person was elected to that office.

    (d) If the office is a district office, a petition of candidacy signed by a number of registered voters equal to at least 1 percent of the total number of ballots cast in the district for that office at the last preceding general election in which a person was elected to that office.

    2.  The petition may consist of more than one document. Each document must bear the name of the county in which it was circulated and only registered voters of that county may sign the document. The person who circulates the document must be a registered voter of that county. If the office is a district office, only the registered voters of that district may sign the document. The documents which are circulated for signature in a county must be submitted to that county clerk for verification in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than 40 days before filing the petition of candidacy with the proper filing officer.


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ê1999 Statutes of Nevada, Page 2155 (Chapter 460, AB 614)ê

 

NRS 293.1276 to 293.1279, inclusive, not later than 40 days before filing the petition of candidacy with the proper filing officer. Each signer shall add to his signature the address of the place at which he actually resides, the date that he signs the petition and the name of the county where he is registered to vote for the purpose of determining whether he is a registered voter. The person who circulates each document of the petition shall sign an affidavit attesting that the signatures on the document are genuine to the best of his knowledge and belief and were signed in his presence by persons registered to vote in that county.

    3.  The petition of candidacy may state the principle, if any, which the person qualified represents.

    4.  Petitions of candidacy must be filed not earlier than the first Monday in May preceding the general election and not later than 5 p.m. on the third Tuesday in August.

    5.  No petition of candidacy may contain the name of more than one candidate for each office to be filled.

    6.  A person may not file as an independent candidate if he is proposing to run as the candidate of a political party.

    7.  The names of independent candidates must be placed on the general election ballot and must not appear on the primary election ballot.

    8.  If the candidacy of any person seeking to qualify pursuant to this section is challenged, all affidavits and documents in support of the challenge must be filed not later than 5 p.m. on the fourth Tuesday in August. Any judicial proceeding resulting from the challenge must be set for hearing not more than 5 days after the fourth Tuesday in August.

    9.  Any challenge pursuant to subsection 8 must be filed with:

    (a) The first judicial district court if the petition of candidacy was filed with the secretary of state.

    (b) The district court for the county where the petition of candidacy was filed if the petition was filed with a county clerk.

    10.  An independent candidate for partisan office must file a declaration of candidacy with the proper filing officer and pay the fee required by NRS 293.193 not earlier than the first Monday in May of the year in which the election is held nor later than 5 p.m. of the first Wednesday in July.

    Sec. 13.  NRS 293.272 is hereby amended to read as follows:

    293.272  1.  Except as otherwise provided in subsection 2, a person who registered to vote pursuant to the provisions of NRS 293.5235, shall, for the first election in which he votes at which that registration is valid, vote in person unless he has previously voted in the county in which he is registered to vote.

    2.  The provisions of subsection 1 do not apply to a person who:

    (a) Is entitled to vote in the manner prescribed in NRS 293.343 to 293.355, inclusive;

    (b) Is entitled to vote an absent ballot pursuant to federal law or section 2 of this act or NRS 293.316;

    (c) Submits or has previously submitted a written request for an absent ballot that is signed by the registered voter before a notary public or other person authorized to administer an oath; or

    (d) Requests an absent ballot in person at the office of the county clerk.


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ê1999 Statutes of Nevada, Page 2156 (Chapter 460, AB 614)ê

 

    Sec. 14.  NRS 293.296 is hereby amended to read as follows:

    293.296  1.  Any registered voter who by reason of a physical disability or an inability to read or write English is unable to mark a ballot or use any voting device without assistance is entitled to assistance from a consenting person of his own choice, except:

    (a) The voter’s employer or his agent; or

    (b) An officer or agent of the voter’s labor organization.

    2.  A person providing assistance pursuant to this section to a [disabled] voter in casting his vote shall not disclose any information with respect to the casting of that ballot.

    3.  The right to assistance in casting a ballot may not be denied or impaired when the need for assistance is apparent or is known to the election board or any member thereof, but the election board may require a registered voter to sign a statement that he requires assistance in casting his vote by reason of a physical disability or an inability to read or write English when the need for assistance is not apparent or no member of the election board has knowledge thereof. The statement must be executed under penalty of perjury.

    4.  In addition to complying with the requirements of this section, the county clerk and election board officer shall, upon the request of a registered voter with a physical disability, make reasonable accommodations to allow the voter to vote at his polling place.

    Sec. 15.  NRS 293.309 is hereby amended to read as follows:

    293.309  1.  The county clerk of each county shall prepare an absent ballot for the use of registered voters who have requested absent ballots. The county clerk shall make reasonable accommodations for the use of the absent ballot by an elderly or disabled person.

    2.  The ballot must be prepared and ready for distribution to a registered voter who:

    (a) Resides within the state, not later than 20 days before the election in which it is to be used; or

    (b) Resides outside the state, not later than 40 days before a primary or general election, if possible.

    3.  Any legal action which would prevent the ballot from being issued pursuant to subsection 2 is moot and of no effect.

    Sec. 16.  NRS 293.316 is hereby amended to read as follows:

    293.316  1.  Any registered voter who is unable to go to the polls [because] :

    (a) Because of an illness or disability resulting in his confinement in a hospital, sanatorium, dwelling or nursing home [may request in a written statement, signed by him, that the county clerk send him an absent ballot. The clerk shall deliver the ballot, at the office of the county clerk, to any authorized representative of the voter possessing a written statement signed by the voter stating that he is confined to a dwelling or is a patient in a hospital, sanatorium or nursing home, and that he will be confined therein on election day. If any registered voter is] ; or

    (b) Because he is suddenly hospitalized , [or] becomes seriously ill or is called away from home after the time has elapsed for requesting an absent ballot as provided in NRS 293.315, [and is unable to vote at the polling place, he may apply]may submit a written request to the county clerk for an absent ballot .


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ê1999 Statutes of Nevada, Page 2157 (Chapter 460, AB 614)ê

 

may submit a written request to the county clerk for an absent ballot . The request may be submitted at any time before 5 p.m. on the day of the election. [The]

    2.  If the county clerk determines that a request submitted pursuant to subsection 1 includes the information required pursuant to subsection 3, the county clerk shall [issue] , at the office of the county clerk, deliver an absent ballot [upon satisfactory proof of the emergency.

    2.  After] to the person designated in the request to obtain the ballot for the registered voter.

    3.  A written request submitted pursuant to subsection 1 must include:

    (a) The name, address and signature of the registered voter requesting the absent ballot;

    (b) The name, address and signature of the person designated by the registered voter to obtain, deliver and return the ballot for the registered voter;

    (c) A brief statement of the illness or disability of the registered voter or of facts sufficient to establish that the registered voter was called away from home after the time had elapsed for requesting an absent ballot;

    (d) If the voter is confined in a hospital, sanatorium, dwelling or nursing home, a statement that he will be confined therein on the day of the election; and

    (e) Unless the person designated pursuant to paragraph (b) will mark and sign an absent ballot on behalf of the registered voter pursuant to subsection 5, a statement signed under penalty of perjury that only the registered voter will mark and sign the ballot.

    4.  Except as otherwise provided in subsection 5, after marking his ballot the voter must [place] :

    (a) Place it in the identification envelope [. He must affix] ;

    (b) Affix his signature on the back of the envelope ; and [return]

    (c) Return it to the office of the county clerk.

    [3.] 5.  A person designated in a request submitted pursuant to subsection 1 may, on behalf of and at the direction of the registered voter, mark and sign the absent ballot. If the person marks and signs the ballot, the person shall indicate next to his signature that the ballot has been marked and signed on behalf of the registered voter.

    6.  A request for [a] an absent ballot submitted pursuant to this section must be made, and the ballot delivered to the voter and returned to the county clerk, not later than the time the polls close on election day.

    [4.] 7.  The procedure authorized by this section is subject to all other provisions of this chapter relating to voting by absent ballot [voting insofar as] to the extent that those provisions are not inconsistent with the provisions of this section.

    Sec. 17.  NRS 293.330 is hereby amended to read as follows:

    293.330  1.  When an absent voter receives his ballot, he must mark and fold it, if it is a paper ballot, or punch it, if the ballot is voted by punching a card, in accordance with the instructions, deposit it in the return envelope, seal the envelope, affix his signature on the back of the envelope in the space provided therefor and mail the return envelope.


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ê1999 Statutes of Nevada, Page 2158 (Chapter 460, AB 614)ê

 

    2.  If the absent voter who has received a ballot by mail applies to vote the ballot in person at:

    (a) The county clerk’s office, he must mark or punch the ballot, seal it in the return envelope and affix his signature in the same manner as provided in subsection 1, and deliver the envelope to the clerk.

    (b) A polling place, he must surrender the absent ballot and provide satisfactory identification before being issued a ballot to vote at the polling place. A person who receives a surrendered absent ballot shall mark it “Canceled.”

    3.  Except as otherwise provided in NRS 293.316, it is unlawful for any person to return an absent ballot other than the voter who requested [an] the absent ballot [to return it.] or, at the request of the voter, a member of his family. A person who returns an absent ballot and who is a member of the family of the voter who requested the absent ballot shall, under penalty of perjury, indicate on a form prescribed by the county clerk that he is a member of the family of the voter who requested the absent ballot and that the voter requested that he return the absent ballot. A person who violates the provisions of this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

    Sec. 18.  NRS 293.359 is hereby amended to read as follows:

    293.359  [1.]  The ballot box for early voting in which voted ballots which are paper ballots or ballots which are voted by punching a card are deposited must have two [locks, each with a different key] numbered seals, and must be designed and constructed so that the box can be sealed to detect any unauthorized opening of the box and that the ballot slot can be sealed to prevent any unauthorized deposit in the box. The seals for the boxes must be serially numbered for each election.

    [2.  During the period for early voting by personal appearance, the county clerk shall keep the key to one of the locks to the ballot box for early voting and a designated custodian, not under the authority of the county clerk, shall keep the key to the second lock.

    3.  Each custodian shall retain possession of the key entrusted to him until it is delivered to the ballot board for early voting.]

    Sec. 19.  NRS 293.3602 is hereby amended to read as follows:

    293.3602  If paper ballots or ballots which are voted by punching a card are used during the period for early voting by personal appearance:

    1.  The ballots voted at the permanent or temporary polling place must be delivered by an election board officer to the county clerk’s office at the close of each voting day. The seal on the ballot box must indicate the number of voted ballots contained in that box for that day.

    2.  When the ballot box is delivered pursuant to subsection 1, the county clerk shall provide a new ballot box [locked] sealed in the manner prescribed in NRS 293.359.

    3.  At the close of the fourth voting day before the last day to vote early and at the close of each of the 3 days thereafter, the county clerk shall deliver all ballots voted to the ballot board for early voting. At the close of the last voting day, the county clerk shall deliver to the ballot board for early voting:

    (a) Each remaining ballot box containing the ballots voted early by personal appearance ; [and his key to each box;]


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ê1999 Statutes of Nevada, Page 2159 (Chapter 460, AB 614)ê

 

    (b) A voting roster of all persons who voted early by personal appearance; and

    (c) Any list of registered voters used in conducting early voting.

    4.  [Upon the call of the chairmen of the board, the custodian of the key to the second lock on the ballot boxes shall deliver his key for each box to the presiding officer.

    5.]  Upon the receipt of ballots, the board shall:

    (a) Remove all ballots from the ballot boxes and sort the ballots by precinct or voting district;

    (b) Count the number of ballots by precinct or voting district;

    (c) Account for all ballots on an official statement of ballots; and

    (d) Place all official ballots in the container provided to transport those items to a central counting place and seal the container with a numbered seal. The official statement of ballots must accompany the voted ballots to the central counting place.

    [6.] 5.  The county clerk shall allow members of the general public to observe the handling of the ballots pursuant to subsection [5] 4 if those members do not interfere with the handling of the ballots.

    Sec. 20.  NRS 293.391 is hereby amended to read as follows:

    293.391  1.  The voted ballots, rejected ballots, spoiled ballots, [unused ballots,] tally lists, pollbooks, challenge lists, voting receipts, records printed on paper of voted ballots collected pursuant to NRS 293B.400 and stubs of the ballots used, enclosed and sealed, must, after canvass of the votes by the board of county commissioners, be deposited in the vaults of the county clerk, and preserved for at least 22 months. All such sealed materials must be destroyed immediately after the preservation period. A notice of the destruction must be published by the clerk in at least one newspaper of general circulation in the county not less than 2 weeks before the destruction. Unused ballots, enclosed and sealed, must, after canvass of the votes by the board of county commissioners, be deposited in the vaults of the county clerk and preserved for at least the period during which the election may be contested and adjudicated, after which the unused ballots may be destroyed.

    2.  The pollbooks containing the signatures of those persons who voted in the election and the tally lists deposited with the board of county commissioners are subject to the inspection of any elector who may wish to examine them at any time after their deposit with the county clerk.

    3.  A contestant of an election may inspect all of the material regarding that election which is preserved pursuant to subsection 1, except the voted ballots.

    4.  The voted ballots deposited with the county clerk are not subject to the inspection of anyone, except in cases of contested election, and then only by the judge, body or board before whom the election is being contested, or by the parties to the contest, jointly, pursuant to an order of such judge, body or board.


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ê1999 Statutes of Nevada, Page 2160 (Chapter 460, AB 614)ê

 

    Sec. 21.  NRS 293.404 is hereby amended to read as follows:

    293.404  1.  Where a recount is demanded pursuant to the provisions of NRS 293.403, the:

    (a) County clerk of each county affected by the recount shall employ a recount board to conduct the recount in the county, and shall act as chairman of the recount board unless the recount is for the office of county clerk, in which case the chairman of the board of county commissioners shall act as chairman of the recount board. At least one member of the board of county commissioners must be present at the recount.

    (b) City clerk shall employ a recount board to conduct the recount in the city, and shall act as chairman of the recount board unless the recount is for the office of city clerk, in which case the mayor of the city shall act as chairman of the recount board. At least one member of the city council must be present at the recount.

Each candidate for the office affected by the recount and the voter who demanded the recount, if any, may be present in person or by an authorized representative, but may not be a member of the recount board.

    2.  Except in counties or cities using a mechanical voting system, the recount must include a count and inspection of all ballots, including rejected ballots, and must determine whether those ballots are marked as required by law.

    3.  If a recount is demanded in a county or city using a mechanical voting system, the person who demanded the recount shall select the ballots for the office or ballot question affected from 5 percent of the precincts, but in no case fewer than three precincts, after consultation with each candidate for the office or his authorized representative. The recount board shall examine the selected ballots, including any duplicate or rejected ballots, shall determine whether the ballots have been voted in accordance with this Title and shall count the valid ballots by hand. [A] In addition, a recount by computer must be made of all the selected ballots. If the count by hand or the recount by computer of the selected ballots [or the recount] shows a discrepancy [of] equal to or greater than 1 percent or [more for either candidate,] 5 votes, whichever is greater, for any candidate for the office, or in favor of or against a ballot question, from the original canvass of the returns, the county or city clerk shall order a count by hand of all the ballots for that office. [If there is not a discrepancy of 1 percent or more,] Otherwise, the county or city clerk [shall not order such a count, but] shall order a recount by computer of all the ballots for the office.

    4.  The county or city clerk shall unseal and give to the recount board all ballots to be counted.

    5.  In the case of a demand for a recount affecting more than one county, the demand must be made to the secretary of state, who shall notify the county clerks to proceed with the recount.

    Sec. 22.  NRS 293.525 is hereby amended to read as follows:

    293.525  1.  Any elector who is presently registered and has changed his residence after the last preceding general election and who fails to return or never receives a postcard mailed pursuant to NRS 293.5235, 293.530 [,] or 293.535 who moved:


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ê1999 Statutes of Nevada, Page 2161 (Chapter 460, AB 614)ê

 

    (a) From one precinct to another or from one congressional district to another within the same county must be allowed to vote in the precinct where he previously resided after he provides an oral or written affirmation before an election board officer attesting to his new address.

    (b) Within the same precinct must be allowed to vote after he provides an oral or written affirmation before an election board officer attesting to his new address.

    2.  If an elector alleges that the records in the registrar of voters’ register or the election board register incorrectly indicate that he has changed his residence, he must be permitted to vote after he provides an oral or written affirmation before an election board officer attesting that he continues to reside at the same address.

    3.  If an elector refuses to provide an oral or written affirmation attesting to his address as required by this section, he may only vote at the special polling place in the county in the manner set forth in NRS 293.304.

    4.  The county clerk shall use any information regarding the current address of an elector obtained pursuant to this section to correct information in the registrar of voters’ register and the election board register.

    Sec. 23.  NRS 293.547 is hereby amended to read as follows:

    293.547  1.  After the 30th day but not later than the [15th] 25th day before any election, a written challenge may be filed with the county clerk.

    2.  A registered voter may file a written challenge if:

    (a) He is registered to vote in the same precinct or district as the person whose right to vote is challenged; or

    (b) The challenge is based on the personal knowledge of the registered voter.

    3.  The challenge must be signed and verified by the registered voter and name the person whose right to vote is challenged and the ground of the challenge.

    4.  A challenge filed pursuant to this section must not contain the name of more than one person whose right to vote is challenged. The county clerk shall not accept for filing any challenge which contains more than one such name.

    5.  The county clerk shall file the challenge in the registrar of voters’ register and:

    (a) In counties where records of registration are not kept by computer, he shall attach a copy of the challenge to the challenged registration in the election board register.

    (b) In counties where records of registration are kept by computer, he shall have the challenge printed on the computer entry for the challenged registration and add a copy of it to the election board register.

    6.  The county clerk shall, within 5 days after a challenge is filed, mail a notice to the person whose right to vote has been challenged pursuant to this section informing him of the challenge. A copy of the challenge must accompany the notice.


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ê1999 Statutes of Nevada, Page 2162 (Chapter 460, AB 614)ê

 

    Sec. 24.  Chapter 293C of NRS is hereby amended by adding thereto the provisions set forth as sections 25 and 26 of this act.

    Sec. 25.  1.  A registered voter who, because of a physical disability, is unable to mark or sign a ballot or use a voting device without assistance may submit a written statement to the appropriate city clerk requesting that he receive an absent ballot for each city election conducted during the period specified in subsection 3.

    2.  A written statement submitted pursuant to subsection 1 must:

    (a) Include a statement from a physician licensed in this state certifying that the registered voter is a person with a physical disability and, because of the physical disability, he is unable to mark or sign a ballot or use a voting device without assistance;

    (b) Designate the person who will assist the registered voter in marking and signing the absent ballot on behalf of the registered voter; and

    (c) Include the name, address and signature of the person designated pursuant to paragraph (b).

    3.  Upon receipt of a written statement submitted by a registered voter pursuant to subsection 1, the city clerk shall, if the statement includes the information required pursuant to subsection 2, issue an absent ballot to the registered voter for each city election that is conducted during the year immediately succeeding the date the written statement is submitted to the city clerk.

    4.  To determine whether a registered voter is entitled to receive an absent ballot pursuant to this section, the city clerk may, every year after an absent ballot is issued to a registered voter pursuant to subsection 3, require the registered voter to submit a statement from a licensed physician as specified in paragraph (a) of subsection 2. If a statement from a physician licensed in this state submitted pursuant to this subsection indicates that the registered voter is no longer physically disabled, the city clerk shall not issue an absent ballot to the registered voter pursuant to this section.

    5.  A person designated pursuant to paragraph (b) of subsection 2 may, on behalf of and at the direction of the registered voter, mark and sign an absent ballot issued to the registered voter pursuant to the provisions of this section. If the person marks and signs the ballot, the person shall indicate next to his signature that the ballot has been marked and signed on behalf of the registered voter.

    6.  The procedure authorized pursuant to this section is subject to all other provisions of this chapter relating to voting by absent ballot to the extent that those provisions are not inconsistent with the provisions of this section.

    Sec. 26.  1.  A person who, during the 6 months immediately preceding an election, mails to more than a total of 500 registered voters a form to request an absent ballot for the election shall:

    (a) Mail the form prescribed by the secretary of state, which must, in 14-point type or larger:


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ê1999 Statutes of Nevada, Page 2163 (Chapter 460, AB 614)ê

 

         (1) Identify the person who is mailing the form;

         (2) Include a notice stating, “This is a request for an absent ballot.”; and

         (3) State that by returning the form the form will be submitted to the city clerk;

    (b) Not later than 14 days before mailing such a form, notify the city clerk of each city to which a form will be mailed of the number of forms to be mailed to voters in the city and the date of the mailing of the forms; and

    (c) Not mail such a form later than 21 days before the election.

    2.  The provisions of this section do not authorize a person to vote by absent ballot if he is not otherwise eligible to vote by absent ballot.

    Sec. 27.  NRS 293C.185 is hereby amended to read as follows:

    293C.185  1.  Except as otherwise provided in NRS 293C.190, a name may not be printed on a ballot to be used at a primary city election, unless the person named has filed a declaration of candidacy or an acceptance of candidacy and paid the fee established by the governing body of the city not earlier than 70 days before the primary city election and not later than 5 p.m. on the 60th day before the primary city election.

    2.  A declaration of candidacy required to be filed by this section must be in substantially the following form:

 

Declaration of Candidacy of ........ for the

Office of ................

 

State of Nevada 

        

City of

 

For the purpose of having my name placed on the official ballot as a candidate for the office of ................, I, the undersigned ................, do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ......................, in the City or Town of ................, County of .................., State of Nevada; that my actual , as opposed to constructive, residence in the city, township or other area prescribed by law to which the office pertains began on a date at least 30 days [or more before] immediately preceding the date of the close of filing of declarations of candidacy for this office; that if nominated as a candidate at the ensuing election I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the constitution and laws of this state concerning the number of years or terms for which a person may hold the office; and my name will appear on all ballots as designated in this declaration.

 


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ê1999 Statutes of Nevada, Page 2164 (Chapter 460, AB 614)ê

 

                                                                          ...............................................................

                                                                                      (Designation of name)

                                                                          ...............................................................

                                                                           (Signature of candidate for office)

Subscribed and sworn to before

me this ..... day of ........, 19...

 

...........................................................

    Notary Public or other person

authorized to administer an oath

 

    3.  A person may be a candidate under his given name and surname, a contraction or familiar form of his given name followed by his surname or the initial of his given name followed by his surname. A nickname of not more than 10 letters may be incorporated into a candidate’s name. The nickname must be in quotation marks and appear immediately before the candidate’s surname. A nickname must not indicate any political, economic, social or religious view or affiliation and must not be the name of any person, living or dead, whose reputation is known on a statewide, nationwide or worldwide basis, or in any other manner deceive a voter concerning the person or principles for which he is voting.

    4.  The address of a candidate that must be included in the declaration or acceptance of candidacy pursuant to subsection 2 must be the street address of the residence where he actually , as opposed to constructively, resides [,] in accordance with NRS 281.050, if one has been assigned. The declaration or acceptance of candidacy must not be accepted for filing if the candidate’s address is listed as a post office box unless a street address has not been assigned to his residence.

    Sec. 28.  NRS 293C.200 is hereby amended to read as follows:

    293C.200  1.  In addition to any other requirement provided by law, no person may be a candidate for a city office unless, for at least the 30 days [before] immediately preceding the date of the close of filing of declarations or acceptances of candidacy for the office that he seeks, he has [been a legal resident of] in accordance with NRS 281.050, actually, as opposed to constructively, resided in the city or other area prescribed by law to which the office pertains and, if elected, over which he will have jurisdiction or which he will represent.

    2.  Any person who knowingly and willfully files a declaration of candidacy or an acceptance of candidacy that contains a false statement in this respect is guilty of a gross misdemeanor.

    3.  Any person convicted pursuant to the provisions of this section is disqualified from entering upon the duties of the office for which he was a candidate.

    Sec. 29.  NRS 293C.265 is hereby amended to read as follows:

    293C.265  1.  Except as otherwise provided in subsection 2, a person who registered to vote pursuant to the provisions of NRS 293.5235, shall, for the first city election in which he votes at which that registration is valid, vote in person unless he has previously voted in the county in which he is registered to vote.


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ê1999 Statutes of Nevada, Page 2165 (Chapter 460, AB 614)ê

 

    2.  The provisions of subsection 1 do not apply to a person who:

    (a) Is entitled to vote in the manner prescribed in NRS 293C.342 to 293C.352, inclusive;

    (b) Is entitled to vote an absent ballot pursuant to federal law or section 25 of this act or NRS 293C.317;

    (c) Submits or has previously submitted a written request for an absent ballot that is signed by the registered voter before a notary public or other person authorized to administer an oath; or

    (d) Requests an absent ballot in person at the office of the city clerk.

    Sec. 30.  NRS 293C.282 is hereby amended to read as follows:

    293C.282  1.  Any registered voter who, because of a physical disability or an inability to read or write English, is unable to mark a ballot or use any voting device without assistance is entitled to assistance from a consenting person of his own choice, except:

    (a) The voter’s employer or his agent; or

    (b) An officer or agent of the voter’s labor organization.

    2.  A person providing assistance pursuant to this section to a [disabled] voter in casting his vote shall not disclose any information with respect to the casting of that ballot.

    3.  The right to assistance in casting a ballot may not be denied or impaired when the need for assistance is apparent or is known to the election board or any member thereof, but the election board may require a registered voter to sign a statement that he requires assistance in casting his vote because of a physical disability or an inability to read or write English when the need for assistance is not apparent or no member of the election board has knowledge thereof. The statement must be executed under penalty of perjury.

    4.  In addition to complying with the requirements of this section, the city clerk and election board officer shall, upon the request of a registered voter with a physical disability, make reasonable accommodations to allow the voter to vote at his polling place.

    Sec. 31.  NRS 293C.305 is hereby amended to read as follows:

    293C.305  1.  The city clerk shall prepare an absent ballot for the use of registered voters who have requested absent ballots. The city clerk shall make reasonable accommodations for the use of the absent ballot by an elderly or disabled person.

    2.  The ballot must be prepared and ready for distribution to a registered voter who resides within or outside this state, not later than 20 days before the election in which it will be used.

    3.  Any legal action that would prevent the ballot from being issued pursuant to subsection 2 is moot and of no effect.

    Sec. 32.  NRS 293C.317 is hereby amended to read as follows:

    293C.317  1.  Any registered voter who is unable to go to the polls [because] :

    (a) Because of an illness or disability resulting in his confinement in a hospital, sanatorium, dwelling or nursing home [may request in a written statement, signed by him, that the city clerk send him an absent ballot. The city clerk shall deliver the ballot, at the office of the city clerk, to any authorized representative of the voter possessing a written statement signed by the voter stating that he is confined to a dwelling or is a patient in a hospital, sanatorium or nursing home and that he will be confined therein on election day.


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ê1999 Statutes of Nevada, Page 2166 (Chapter 460, AB 614)ê

 

hospital, sanatorium or nursing home and that he will be confined therein on election day. If any registered voter is] ; or

    (b) Because he is suddenly hospitalized , [or] becomes seriously ill or is called away from home after the time has elapsed for requesting an absent ballot as provided in NRS 293C.312 [and is unable to vote at the polling place, he may apply] ,

may submit a written request to the city clerk for an absent ballot . The request may be submitted at any time before 5 p.m. on the day of the election. [The]

    2.  If the city clerk determines that a request submitted pursuant to subsection 1 includes the information required pursuant to subsection 3, the city clerk shall [issue] , at the office of the city clerk, deliver an absent ballot [upon satisfactory proof of the emergency.

    2.  After] to the person designated in the request to obtain the ballot for the registered voter.

    3.  A written request submitted pursuant to subsection 1 must include:

    (a) The name, address and signature of the registered voter requesting the absent ballot;

    (b) The name, address and signature of the person designated by the registered voter to obtain, deliver and return the ballot for the registered voter;

    (c) A brief statement of the illness or disability of the registered voter or of facts sufficient to establish that the registered voter was called away from home after the time had elapsed for requesting an absent ballot;

    (d) If the voter is confined in a hospital, sanatorium, dwelling or nursing home, a statement that he will be confined therein on the day of the election; and

    (e) Unless the person designated pursuant to paragraph (b) will mark and sign an absent ballot on behalf of the registered voter pursuant to subsection 5, a statement signed under penalty of perjury that only the registered voter will mark and sign the ballot.

    4.  Except as otherwise provided in subsection 5, after marking his ballot the voter must [place] :

    (a) Place it in the identification envelope [. The voter must affix] ;

    (b) Affix his signature on the back of the envelope ; and [return]

    (c) Return it to the office of the city clerk.

    [3.] 5.  A person designated in a request submitted pursuant to subsection 1 may, on behalf of and at the direction of the registered voter, mark and sign the absent ballot. If the person marks and signs the ballot, the person shall indicate next to his signature that the ballot has been marked and signed on behalf of the registered voter.

    6.  A request for [a] an absent ballot submitted pursuant to this section must be made, and the ballot delivered to the voter and returned to the city clerk, not later than the time the polls close on election day.

    [4.] 7.  The procedure authorized by this section is subject to all other provisions of this chapter relating to voting by absent ballot [voting insofar as] to the extent that those provisions are not inconsistent with the provisions of this section.


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ê1999 Statutes of Nevada, Page 2167 (Chapter 460, AB 614)ê

 

    Sec. 33.  NRS 293C.330 is hereby amended to read as follows:

    293C.330  1.  When an absent voter receives his ballot, he must mark and fold it, if it is a paper ballot, or punch it, if the ballot is voted by punching a card, in accordance with the instructions, deposit it in the return envelope, seal the envelope, affix his signature on the back of the envelope in the space provided therefor and mail the return envelope.

    2.  If the absent voter who has received a ballot by mail applies to vote the ballot in person at:

    (a) The city clerk’s office, he must mark or punch the ballot, seal it in the return envelope and affix his signature in the same manner as provided in subsection 1, and deliver the envelope to the city clerk.

    (b) A polling place, he must surrender the absent ballot and provide satisfactory identification before being issued a ballot to vote at the polling place. A person who receives a surrendered absent ballot shall mark it “Canceled.”

    3.  Except as otherwise provided in NRS 293C.317, it is unlawful for any person to return an absent ballot other than the voter who requested [an] the absent ballot [to return it.] or, at the request of the voter, a member of his family. A person who returns an absent ballot and who is a member of the family of the voter who requested the absent ballot shall, under penalty of perjury, indicate on a form prescribed by the city clerk that he is a member of the family of the voter who requested the absent ballot and that the voter requested that he return the absent ballot. A person who violates the provisions of this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

    Sec. 34.  NRS 293C.359 is hereby amended to read as follows:

    293C.359  [1.]  The ballot box for early voting in which voted ballots which are paper ballots or ballots which are voted by punching a card are deposited must have two [locks, each with a different key] numbered seals, and must be designed and constructed so that the box can be sealed to detect any unauthorized opening of the box and that the ballot slot can be sealed to prevent any unauthorized deposit in the box. The seals for the boxes must be serially numbered for each election.

    [2.  During the period for early voting by personal appearance, the city clerk shall keep the key to one of the locks to the ballot box for early voting and a designated custodian, not under the authority of the city clerk, shall keep the key to the second lock.

    3.  Each custodian shall retain possession of the key entrusted to him until it is delivered to the ballot board for early voting.]

    Sec. 35.  NRS 293C.3602 is hereby amended to read as follows:

    293C.3602  If paper ballots or ballots which are voted by punching a card are used during the period for early voting by personal appearance:

    1.  The ballots voted at the permanent or temporary polling place must be delivered by an election board officer to the city clerk’s office at the close of each voting day. The seal on the ballot box must indicate the number of voted ballots contained in that box for that day.

    2.  When the ballot box is delivered pursuant to subsection 1, the city clerk shall provide a new ballot box [locked] sealed in the manner prescribed in NRS 293C.359.


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ê1999 Statutes of Nevada, Page 2168 (Chapter 460, AB 614)ê

 

    3.  At the close of the fourth voting day before the last day to vote early and at the close of each of the 3 days thereafter, the city clerk shall deliver all ballots voted to the ballot board for early voting. At the close of the last voting day, the city clerk shall deliver to the ballot board for early voting:

    (a) Each remaining ballot box containing the ballots voted early by personal appearance ; [and his key to each box;]

    (b) A voting roster of all persons who voted early by personal appearance; and

    (c) Any list of registered voters used in conducting early voting.

    4.  [Upon the call of the chairmen of the board, the custodian of the key to the second lock on the ballot boxes shall deliver his key for each box to the presiding officer.

    5.]  Upon the receipt of ballots, the board shall:

    (a) Remove all ballots from the ballot boxes and sort the ballots by precinct or voting district;

    (b) Count the number of ballots by precinct or voting district;

    (c) Account for all ballots on an official statement of ballots; and

    (d) Place all official ballots in the container provided to transport those items to a central counting place and seal the container with a numbered seal. The official statement of ballots must accompany the voted ballots to the central counting place.

    [6.] 5.  The city clerk shall allow members of the general public to observe the handling of the ballots pursuant to subsection [5] 4 if those members do not interfere with the handling of the ballots.

    Sec. 36.  NRS 293C.390 is hereby amended to read as follows:

    293C.390  1.  The voted ballots, rejected ballots, spoiled ballots, [unused ballots,] tally lists, pollbooks, challenge lists, voting receipts, records printed on paper of voted ballots collected pursuant to NRS 293B.400 and stubs of the ballots used, enclosed and sealed must, after canvass of the votes by the governing body of the city, be deposited in the vaults of the city clerk and preserved for at least 22 months. All such sealed materials must be destroyed immediately after that period. A notice of the destruction must be published by the city clerk in at least one newspaper of general circulation in the city, or if no newspaper is of general circulation in that city, in a newspaper of general circulation in the nearest city, not less than 2 weeks before the destruction of the materials. Unused ballots, enclosed and sealed, must, after canvass of the votes by the governing body of the city, be deposited in the vaults of the city clerk and preserved for at least the period during which the election may be contested and adjudicated, after which the unused ballots may be destroyed.

    2.  The pollbooks containing the signatures of those persons who voted in the election and the tally lists deposited with the governing body of the city are subject to the inspection of any elector who may wish to examine them at any time after their deposit with the city clerk.

    3.  A contestant of an election may inspect all of the material relating to that election which is preserved pursuant to subsection 1, except the voted ballots.


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ê1999 Statutes of Nevada, Page 2169 (Chapter 460, AB 614)ê

 

    4.  The voted ballots deposited with the city clerk are not subject to the inspection of any person, except in a contested election, and only by the judge, body or board before whom the election is being contested, or by the parties to the contest, jointly, pursuant to an order of the judge, body or board.

    Sec. 37.  Chapter 306 of NRS is hereby amended by adding thereto a new section to read as follows:

    If a public officer who is subject to a recall petition resigns his office:

    1.  Before the call for a special election is issued:

    (a) The official with whom the petition to recall is filed shall cease any further proceedings regarding the petition;

    (b) A vacancy occurs in that office; and

    (c) The vacancy thereby created must be filled in the manner provided by law.

    2.  After the call for a special election is issued, the special election must be conducted.

    Sec. 38.  NRS 306.110 is hereby amended to read as follows:

    306.110  1.  A petition to nominate other candidates for the office must be signed by registered voters of the state, or of the county, district or municipality holding the election, equal in number to 25 percent of the number of registered voters who voted in the state, or in the county, district or municipality holding the election at the general election at which the public officer was elected. Each petition may consist of more than one document. Each document must bear the name of one county and must not be signed by a person who is not a registered voter of that county.

    2.  The nominating petition must be filed, at least [15] 20 days before the date of the special election, with the officer with whom the recall petition is filed. Each document of the petition must be submitted for verification pursuant to NRS 293.1276 to 293.1279, inclusive, to the county clerk of the county named on the document.

    3.  Each candidate who is nominated for office must file an acceptance of candidacy with the appropriate filing officer and pay the fee required by NRS 293.193 or by the governing body of a city at least [15] 20 days before the date of the special election.

    Sec. 39.  NRS 218.010 is hereby amended to read as follows:

    218.010  No person [shall be] is eligible to the office of state senator or assemblyman who:

    1.  Is not a qualified elector and who has not been [a] an actual, as opposed to constructive, citizen resident of this state for 1 year next preceding his election.

    2.  At the time of election has not attained the age of 21 years.

    Sec. 40.  NRS 218.043 is hereby amended to read as follows:

    218.043  Where a vacancy occurs in the office of state senator or assemblyman during a regular or special session of the legislature or at a time when no biennial election or regular election at which county officers are to be elected will take place between the occurrence of the vacancy and the next regular or special session, the procedure for filling the vacancy is as follows:


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ê1999 Statutes of Nevada, Page 2170 (Chapter 460, AB 614)ê

 

    1.  Where the senator or assemblyman was elected from a district wholly within one county, the board of county commissioners of the county from which the former incumbent was elected shall appoint a person of the same political party as the former incumbent and who actually, as opposed to constructively, resides in the district to fill the vacancy.

    2.  Where the former incumbent was elected from a district comprising more than one county, the county commissioners of each county within or partly within the district shall meet to appoint a person of the same political party as the former incumbent and who actually, as opposed to constructively, resides in the district to fill the vacancy, under the chairmanship of the chairman of the board of county commissioners of the county whose population residing within the district is the greatest. Each board of county commissioners shall first meet separately and determine the single candidate it will nominate to fill the vacancy. Then , the boards shall meet jointly and the chairmen on behalf of the boards shall cast a proportionate number of votes according to the percent, rounded to the nearest whole percent, which the population of its county is of the population of the entire district. Populations must be determined by the last decennial census or special census conducted by the Bureau of the Census of the United States Department of Commerce. The person who receives a plurality of these votes is appointed to fill the vacancy. If no person receives a plurality of the votes, the boards of county commissioners of the respective counties shall each select a candidate, and the appointee [shall] must be chosen by drawing lots among the candidates so selected.

    3.  The board of county commissioners or the board of the county which has the largest population within the district, as the case may be, shall issue a certificate of appointment naming the appointee. The county clerk or the clerk of the county which has the largest population within the district, as the case may be, shall give the certificate to the appointee and send a copy of the certificate to the secretary of state.

    Sec. 41.  NRS 281.050 is hereby amended to read as follows:

    281.050  1.  The [legal] residence of a person with reference to his eligibility to office is [that place where he has been actually, physically and corporeally present] his actual residence within the state or county or district, as the case may be, during all the period for which residence is claimed by him. [Should] If any person [absent] absents himself from the jurisdiction of his residence [such absence shall] with the intention in good faith to return without delay and continue his residence, the period of absence must not be considered in determining the question of [legal] residence.

    2.  If a candidate who has filed for elective office moves his residence out of the state, county, district, ward, subdistrict or any other unit prescribed by law for which he is a candidate and in which he is required actually, as opposed to constructively, to reside, a vacancy is created thereby and the appropriate action for filling [such vacancy shall] the vacancy must be taken. A person shall be deemed to have moved his residence for the purposes of this section if:

    (a) He has acted affirmatively to remove himself from one place; and

    (b) He has an intention to remain in another place.


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ê1999 Statutes of Nevada, Page 2171 (Chapter 460, AB 614)ê

 

    3.  The district court has jurisdiction to determine the question of [legal] residence in an action for declaratory judgment.

    4.  As used in this section, “actual residence” means the place where a person is legally domiciled and maintains a permanent habitation. If the person maintains more than one such habitation, the place he declares to be his principal permanent habitation when filing a declaration or affidavit pursuant to NRS 293.177 or 293C.185 shall be deemed to be his actual residence.

    Sec. 42.  NRS 283.040 is hereby amended to read as follows:

    283.040  1.  Every office becomes vacant upon the occurring of any of the following events before the expiration of the term:

    (a) The death or resignation of the incumbent.

    (b) The removal of the incumbent from office.

    (c) The confirmed insanity of the incumbent, found by a court of competent jurisdiction.

    (d) A conviction of the incumbent of any felony or offense involving a violation of his official oath or bond or a violation of NRS 241.040, 293.1755 or 293C.200.

    (e) A refusal or neglect of the person elected or appointed to take the oath of office, as prescribed in NRS 282.010, or, when a bond is required by law, his refusal or neglect to give the bond within the time prescribed by law.

    (f) Except as otherwise provided in NRS 266.400, the ceasing of the incumbent to be [a] an actual, as opposed to constructive, resident of the state, district, county, city, ward or other unit prescribed by law in which the duties of his office are to be exercised, or from which he was elected or appointed, or in which he was required to reside to be a candidate for office or appointed to office.

    (g) The neglect or refusal of the incumbent to discharge the duties of his office for a period of 30 days, except when prevented by sickness or absence from the state or county, as provided by law. In a county whose population is less than 10,000, after an incumbent, other than a state officer, has been prevented by sickness from discharging the duties of his office for at least 6 months, the district attorney, either on his own volition or at the request of another person, may petition the district court to declare the office vacant. If the incumbent holds the office of district attorney, the attorney general, either on his own volition or at the request of another person, may petition the district court to declare the office vacant. The district court shall hold a hearing to determine whether to declare the office vacant and, in making its determination, shall consider evidence relating to:

         (1) The medical condition of the incumbent;

         (2) The extent to which illness, disease or physical weakness has rendered the incumbent unable to manage independently and perform the duties of his office; and

         (3) The extent to which the absence of the incumbent has had a detrimental effect on the applicable governmental entity.

    (h) The decision of a competent tribunal declaring the election or appointment void or the office vacant.


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ê1999 Statutes of Nevada, Page 2172 (Chapter 460, AB 614)ê

 

    2.  Upon the happening of any of the events described in subsection 1, if the incumbent fails or refuses to relinquish his office, the attorney general shall, if the office is a state office or concerns more than one county, or the district attorney shall, if the office is a county office or concerns territory within one county, commence and prosecute, in a court of competent jurisdiction, any proceedings for judgment and decree declaring that office vacant.

    Sec. 43.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

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CHAPTER 461, AB 628

Assembly Bill No. 628–Committee on Transportation

 

CHAPTER 461

 

AN ACT relating to public transit; exempting a common motor carrier that operates a public transit system which provides certain transportation services from the requirement of obtaining a certificate of public convenience and necessity under certain circumstances; expanding the authorized purposes of interlocal contracts to include the joint use or operation of a system of public transportation; authorizing a regional transportation commission, certain less populous counties and incorporated cities within such counties to establish or operate a public transit system that provides certain services to serve certain specified persons and the public; and providing other matters properly relating thereto.

 

[Approved June 7, 1999]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 706.745 is hereby amended to read as follows:

    706.745  1.  The provisions of NRS 706.386 and 706.421 do not apply to ambulances or hearses.

    2.  A common motor carrier [who] that enters into an agreement for the purchase of its service by an incorporated city, county or regional transportation commission is not required to obtain a certificate of public convenience and necessity to operate a system of public transit consisting of [regular] :

    (a) Regular routes and fixed schedules [. Under such an agreement,] ;               (b) Nonemergency medical transportation of persons to facilitate their use of a center as defined in NRS 435.170, if the transportation is available upon request and without regard to regular routes or fixed schedules;

    (c) Nonmedical transportation of disabled persons without regard to regular routes or fixed schedules; or

    (d) In a county whose population is less than 100,000 or an incorporated city within such a county, nonmedical transportation of persons if the transportation is available by reservation 1 day in advance of the transportation and without regard to regular routes or fixed schedules.

    3.  Under any agreement for a system of public transit that provides for the transportation of passengers that is described in subsection 2:


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ê1999 Statutes of Nevada, Page 2173 (Chapter 461, AB 628)ê

 

    (a) The public entity shall provide for any required safety inspections; or

    (b) If the public entity is unable to do so, the authority shall provide for any required safety inspections.

    4.  In addition to the requirements of subsection 3, under an agreement for a system of public transit that provides for the transportation of passengers that is described in:

    (a) Paragraph (a) of subsection 2, the public entity shall establish the routes and fares . [and provide for any required safety inspections.

    3.] (b) Paragraph (c) or (d) of subsection 2, the common motor carrier:

         (1) May provide transportation to any passenger who can board a vehicle with minimal assistance from the operator of the vehicle.

         (2) Shall not offer medical assistance as part of its transportation service.

    5.  A nonprofit carrier of elderly or [physically or mentally handicapped] disabled persons is not required to obtain a certificate of public convenience and necessity to operate as a common motor carrier of such passengers only, but such a carrier is not exempt from inspection by the authority to determine whether its vehicles and their operation are safe.

    [4.] 6.  An incorporated city, county or regional transportation commission is not required to obtain a certificate of public convenience and necessity to operate a system of public transportation.

    7.  Before an incorporated city or a county enters into an agreement with a common motor carrier for a system of public transit that provides for the transportation of passengers that is described in paragraph (c) or (d) of subsection 2 in an area of the incorporated city or an area of the county, it must determine that:

    (a) There are no other common motor carriers of passengers who are authorized to provide such services in that area; or

    (b) Although there are other common motor carriers of passengers who are authorized to provide such services in the area, the common motor carriers of passengers do not wish to provide, or are not capable of providing, such services.

    Sec. 2.  NRS 277.180 is hereby amended to read as follows:

    277.180  1.  Any one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking which any of the public agencies entering into the contract is authorized by law to perform. Such a contract [shall] must be ratified by appropriate official action of the governing body of each party to the contract as a condition precedent to its entry into force. Such a contract [shall] must set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties.

    2.  The authorized purposes of agreements made pursuant to subsection 1 include , but are not limited to:

    (a) The joint use of hospitals, road construction and repair equipment, and such other facilities or services as may and can be reasonably used for the promotion and protection of the health and welfare of the inhabitants of this state.


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ê1999 Statutes of Nevada, Page 2174 (Chapter 461, AB 628)ê

 

    (b) The joint use of county and city personnel, equipment and facilities, including sewer systems, drainage systems, street lighting systems, fire alarm systems, sewage disposal plants, playgrounds, parks and recreational facilities, and public buildings constructed by or under the supervision of the board of county commissioners or the city council of the county and city concerned, upon such terms and agreements, and within such areas within the county as may be determined, for the promotion and protection of health, comfort, safety, life, welfare and property of the inhabitants of the counties and cities.

    (c) The joint employment of clerks, stenographers and other employees in the offices of the city and county auditor, city and county assessor, city and county treasurer, or any other joint city and county office existing or hereafter established in the several counties, upon such terms and conditions as may be determined for the equitable apportionment of the expenses of the joint city and county office.

    (d) The joint and cooperative use of fire-fighting and fire-protection equipment for the protection of property and the prevention and suppression of fire.

    (e) The joint use of county and city personnel, equipment and facilities, upon such terms and conditions, and within such areas within the county as may be determined, for the promotion and protection of the health of the inhabitants of the county and city through the regulation, control and prohibition of the excessive emission of dense smoke and air pollution.

    (f) The joint and cooperative use of law enforcement agencies.

    (g) The joint use or operation of a system of public transportation.

    3.  Each public agency which has entered into an agreement pursuant to this section shall annually at the time of preparing its budget include an estimate of the expenses necessary to carry out such agreement, the funds for which are not made available through grant, gift or other source, and provide for such expense as other items are provided in its budget. Each such public agency may furnish property, personnel or services as necessary to carry out the agreement.

    Sec. 3.  NRS 373.117 is hereby amended to read as follows:

    373.117  1.  A regional transportation commission , a county whose population is less than 100,000 or an incorporated city within such a county may establish or operate a public transit system consisting of [regular] :

    (a) Regular routes and fixed schedules to serve the public [.] ;

    (b) Nonemergency medical transportation of persons to facilitate their use of a center as defined in NRS 435.170, if the transportation is available upon request and without regard to regular routes or fixed schedules;

    (c) Nonmedical transportation of disabled persons without regard to regular routes or fixed schedules; or

    (d) In a county whose population is less than 100,000 or an incorporated city within such a county, nonmedical transportation of persons if the transportation is available by reservation 1 day in advance of the transportation and without regard to regular routes or fixed schedules.


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ê1999 Statutes of Nevada, Page 2175 (Chapter 461, AB 628)ê

 

    2.  A regional transportation commission may lease vehicles to or from or enter into other contracts with a private operator for the provision of such a system.

    3.  In a county whose population is less than 400,000, such a system may also provide service which includes:

    (a) Minor deviations from the regular routes and fixed schedules required by paragraph (a) of subsection 1 on a recurring basis to serve the public transportation needs of passengers. The deviations must not exceed one-half mile from the regular routes.

    (b) The transporting of persons other than those specified in paragraph (b), (c) or (d) of subsection 1 upon request without regard to regular routes or fixed schedules, if the service is provided by a common motor carrier which has a certificate of public convenience and necessity issued by the transportation services authority pursuant to NRS 706.386 to 706.411, inclusive, and the service is subject to the rules and regulations adopted by the transportation services authority for a fully regulated carrier.

    4.  Notwithstanding the provisions of chapter 332 of NRS or NRS 625.530, a regional transportation commission may utilize a turnkey procurement process to select a person to design, build, operate and maintain, or any combination thereof, a fixed guideway system, including, without limitation, any minimum operable segment thereof. The commission shall determine whether to utilize turnkey procurement for a fixed guideway project before the completion of the preliminary engineering phase of the project. In making that determination, the commission shall evaluate whether turnkey procurement is the most cost effective method of constructing the project on schedule and in satisfaction of its transportation objectives.

    5.  Notwithstanding the provisions of chapter 332 of NRS, a regional transportation commission may utilize a competitive negotiation procurement process to procure rolling stock for a fixed guideway project. The award of a contract under such a process must be made to the person whose proposal is determined to be the most advantageous to the commission, based on price and other factors specified in the procurement documents.

    6.  If a commission develops a fixed guideway project, the department of transportation is hereby designated to serve as the oversight agency to ensure compliance with the federal safety regulations for rail fixed guideway systems set forth in 49 C.F.R. Part 659.

    7.  As used in this section:

    (a) “Fully regulated carrier” means a common carrier or contract carrier of passengers or household goods who is required to obtain from the transportation services authority a certificate of public convenience and necessity or a contract carrier’s permit and whose rates, routes and services are subject to regulation by the transportation services authority.

    (b) “Minimum operable segment” means the shortest portion of a fixed guideway system that is technically capable of providing viable public transportation between two end points.

    (c) “Public transit system” means a system employing motor buses, rails or any other means of conveyance, by whatever type of power, operated for public use in the conveyance of persons.


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ê1999 Statutes of Nevada, Page 2176 (Chapter 461, AB 628)ê

 

    (d) “Turnkey procurement” means a competitive procurement process by which a person is selected by a regional transportation commission, based on evaluation criteria established by the commission, to design, build, operate and maintain, or any combination thereof, a fixed guideway system, or a portion thereof, in accordance with performance criteria and technical specifications established by the commission.

    Sec. 4.  NRS 377A.130 is hereby amended to read as follows:

    377A.130  A public transit system may, in addition to providing local transportation within a county, provide:

    1.  Services to assist commuters in communicating with others to share rides;

    2.  Transportation for elderly persons and the handicapped [;] , including, without limitation, nonemergency medical transportation of persons to facilitate their use of a center as defined in NRS 435.170;

    3.  Parking for the convenience of passengers on the system; [and]

    4.  Stations and other necessary facilities to ensure the comfort and safety of passengers [.] ; and

    5.  Transportation that is available pursuant to NRS 373.117.

    Sec. 5.  NRS 377A.140 is hereby amended to read as follows:

    377A.140  1.  Except as otherwise provided in subsection 2, a public transit system in a county whose population is 400,000 or more may, in addition to providing local transportation within the county and the services described in NRS 377A.130, provide:

    (a) Programs to reduce or manage motor vehicle traffic; and

    (b) Any other services for a public transit system which are requested by the general public,

if those additional services are included and described in a long-range plan adopted pursuant to 23 U.S.C. § 134 and 49 U.S.C. § 5303.

    2.  Before a regional transportation commission may provide for an on-call public transit system in an area of the county, other than an on‑call public transit system that provides the nonemergency medical transportation described in NRS 377A.130, the commission must receive a determination from the transportation services authority that:

    (a) There are no common motor carriers of passengers who are authorized to provide on-call operations for transporting passengers in that area; or

    (b) Although there are common motor carriers of passengers who are authorized to provide on-call operations for transporting passengers in the area, the common motor carriers of passengers do not wish to provide, or are not capable of providing, those operations.

    3.  As used in this section:

    (a) “Common motor carrier of passengers” has the meaning ascribed to it in NRS 706.041.

    (b) “On-call public transit system” means a system established to transport passengers only upon the request of a person who needs transportation.

    Sec. 6.  This act becomes effective on July 1, 1999.

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