Link to Page 3508

 

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1999 Statutes of Nevada, Page 3509 (Chapter 630, AB 238)

 

    2.  Information in vital statistics indicating that a birth occurred out of wedlock [shall] must not be disclosed except upon order of a court of competent jurisdiction.

    3.  The board [may permit] :

    (a) Shall allow the use of data contained in vital statistics to carry out the provisions of sections 3 to 9, inclusive, of this act; and

    (b) May allow the use of data contained in vital statistics [records] for other research purposes, but without identifying the persons to whom the records relate.

    Sec. 2.  Chapter 442 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 9, inclusive, of this act.

    Sec. 3.  As used in sections 3 to 9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4, 5 and 6 of this act have the meanings ascribed to them in those sections.

    Sec. 4.  “Birth defect” means any structural or chemical abnormality present in a child at birth.

    Sec. 5.  “Adverse birth outcome” includes stillbirths.

    Sec. 6.  “System” means the system established and maintained pursuant to section 7 of this act.

    Sec. 7.  1.  The health division, in cooperation with the University of Nevada School of Medicine, shall establish and maintain a statewide system for the collection and analysis of information concerning birth defects and other adverse birth outcomes.

    2.  The state board of health shall adopt regulations to carry out the provisions of sections 3 to 9, inclusive, of this act. The regulations must:

    (a) Establish a procedure to inform a patient that his name will be used for research and referrals to related services unless he requests the exclusion of his name from the system; and

    (b) Require the exclusion from the system of the name of a patient if the patient or, if the patient is a minor, a parent or legal guardian of the patient has requested in writing to exclude the name of the patient from the system.

    3.  The provisions of sections 3 to 9, inclusive, of this act do not authorize any prenatal genetic testing of children.

    Sec. 8.  1.  Except as otherwise provided in subsection 2, the chief administrative officer of each hospital and obstetric center or his representative shall:

    (a) Prepare and make available to the state health officer or his representative a list of:

         (1) Patients who are under 7 years of age and have been diagnosed with one or more birth defects; and

         (2) Patients discharged with adverse birth outcomes; and

    (b) Make available to the state health officer or his representative the records of the hospital or obstetric center regarding:

         (1) Patients who are under 7 years of age and have been diagnosed with one or more birth defects; and

         (2) Patients discharged with adverse birth outcomes.


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1999 Statutes of Nevada, Page 3510 (Chapter 630, AB 238)

 

    2.  The name of a patient must be excluded from the information prepared and made available pursuant to subsection 1 if the patient or, if the patient is a minor, a parent or legal guardian of the patient has requested in writing to exclude the name of the patient from that information in the manner prescribed by the state board of health pursuant to section 7 of this act. The provisions of this subsection do not relieve the chief administrative officer of the duty of preparing and making available the information required by subsection 1.

    3.  The state health officer or his representative shall abstract from the records and lists required to be prepared and made available pursuant to this section such information as is required by the state board of health for inclusion in the system.

    4.  As used in this section, “hospital” has the meaning ascribed to it in NRS 449.012.

    Sec. 9.  1.  Information obtained by the system from any source may be used only:

    (a) To investigate the causes of birth defects and other adverse birth outcomes;

    (b) To determine, evaluate and develop strategies to prevent the occurrence of birth defects and other adverse birth outcomes;

    (c) To assist in the early detection of birth defects; and

    (d) To assist in ensuring the delivery of services for children identified with birth defects.

    2.  The state board of health shall adopt regulations to ensure that:

    (a) Access to information contained in the system is limited to persons authorized and approved by the state health officer or his representative who are employed by the health division or the University of Nevada School of Medicine.

    (b) Any information obtained by the system that would reveal the identity of a patient remains confidential.

    (c) Except as otherwise provided in subsection 3, information obtained by the system is used solely for the purposes set forth in subsection 1.

    3.  This section does not prohibit the publishing of statistical compilations relating to birth defects and other adverse birth outcomes that do not in any manner identify individual patients or individual sources of information.

    Sec. 10.  NRS 442.003 is hereby amended to read as follows:

    442.003  As used in this chapter, unless the context requires otherwise:

    1.  “Advisory board” means the advisory board on maternal and child health.

    2.  “Department” means the department of human resources.

    3.  “Director” means the director of the department of human resources.

    4.  “Fetal alcohol syndrome” includes fetal alcohol effects.

    5.  “Health division” means the health division of the department of human resources.

    6.  “Obstetric center” has the meaning ascribed to it in NRS 449.0155.

    7.  “Provider of health care or other services” means:

    (a) A person who has been certified as a counselor or an administrator of an alcohol and drug abuse program pursuant to chapter 458 of NRS;


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1999 Statutes of Nevada, Page 3511 (Chapter 630, AB 238)

 

    (b) A physician or a physician’s assistant who is licensed pursuant to chapter 630 of NRS and who practices in the area of obstetrics and gynecology, family practice, internal medicine, pediatrics or psychiatry;

    (c) A licensed nurse;

    (d) A licensed psychologist;

    (e) A licensed marriage and family therapist;

    (f) A licensed social worker; or

    (g) A holder of a certificate of registration as a pharmacist.

    Sec. 11.  NRS 442.040 is hereby amended to read as follows:

    442.040  1.  Any physician, midwife, nurse, [maternity home] obstetric center or hospital of any nature, parent, relative or person [attendant on] attending or assisting in any way [whatever] any infant, or the mother of any infant, at childbirth, or any time within 2 weeks after childbirth, knowing the condition defined in NRS 442.030 to exist, shall immediately report such fact in writing to the local health officer of the county, city or other political subdivision within which the infant or the mother of any infant may reside.

    2.  Midwives shall immediately report conditions to some qualified practitioner of medicine and thereupon withdraw from the case except as they may act under the physician’s instructions.

    3.  On receipt of such report, the health officer, or the physician notified by a midwife, shall immediately give to the parents or persons having charge of such infant a warning of the dangers to the eye or eyes of the infant, and shall, for indigent cases, provide the necessary treatment at the expense of the county, city or other political subdivision.

    Sec. 12.  NRS 442.110 is hereby amended to read as follows:

    442.110  Any physician, midwife, nurse, manager or person in charge of [a maternity home] an obstetric center or hospital, parent, relative or person attending upon or assisting at the birth of an infant who violates any of the provisions of NRS 442.030 to 442.100, inclusive, shall be punished by a fine of not more than $250.

    Sec. 13.  NRS 442.115 is hereby amended to read as follows:

    442.115  1.  The state board of health, upon the recommendation of the state health officer, shall adopt regulations governing examinations and tests required for the discovery in infants of preventable or inheritable disorders, including tests for the presence of sickle cell anemia.

    2.  Any physician, midwife, nurse, [maternity home] obstetric center or hospital of any nature [attendant on] attending or assisting in any way [whatever] any infant, or the mother of any infant, at childbirth shall make or cause to be made an examination of the infant, including standard tests, to the extent required by regulations of the state board of health as is necessary for the discovery of conditions indicating such disorders.

    3.  If the examination and tests reveal the existence of such conditions in an infant, the physician, midwife, nurse, [maternity home] obstetric center or hospital [attendant on] attending or assisting at the birth of the infant shall immediately:

    (a) Report the condition to the state health officer or his representative, the local health officer of the county or city within which the infant or the mother of the infant resides, and the local health officer of the county or city in which the child is born; and


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1999 Statutes of Nevada, Page 3512 (Chapter 630, AB 238)

 

    (b) Discuss the condition with the parent, parents or other persons responsible for the care of the infant and inform them of the treatment necessary for the amelioration of the condition.

    4.  An infant is exempt from examination and testing if either parent files a written objection with the person or institution responsible for making the examination or tests.

    Sec. 14.  NRS 449.720 is hereby amended to read as follows:

    449.720  Every patient of a medical facility, facility for the dependent or home for individual residential care has the right to:

    1.  Receive considerate and respectful care.

    2.  Refuse treatment to the extent permitted by law and to be informed of the consequences of that refusal.

    3.  Refuse to participate in any medical experiments conducted at the facility.

    4.  Retain his privacy concerning his program of medical care. Discussions of a patient’s care, consultation with other persons concerning the patient, examinations or treatments, and all communications and records concerning the patient, except as otherwise provided in NRS 108.640 and 449.705 , sections 3 to 9, inclusive, of this act and chapter 629 of NRS, are confidential. The patient must consent to the presence of any person who is not directly involved with his care during any examination, consultation or treatment.

    5.  Have any reasonable request for services reasonably satisfied by the facility or home considering its ability to do so.

    6.  Receive continuous care from the facility or home. The patient must be informed:

    (a) Of his appointments for treatment and the names of the persons available at the facility or home for those treatments; and

    (b) By his physician or an authorized representative of the physician, of his need for continuing care.

    Sec. 15.  NRS 451.555 is hereby amended to read as follows:

    451.555  1.  Any person may:

    (a) Make an anatomical gift for any of the purposes stated in subsection 1 of NRS 451.560;

    (b) Limit an anatomical gift to one or more of those purposes; or

    (c) Refuse to make an anatomical gift.

    2.  Except as otherwise provided in subsection 3, an anatomical gift may be made only by a document of gift signed by the donor. If the donor:

    (a) Cannot sign, the document of gift must be signed by another person and by two witnesses, all of whom have signed at the direction and in the presence of the donor and of each other and state that it has been so signed.

    (b) Is less than 18 years of age, the document of gift must also be signed by two witnesses, one of whom is a parent or guardian of the donor and consents to the donation, at the direction and in the presence of the donor and of each other and state that it has been so signed.

    3.  If the donor is less than 12 years of age, the document of gift must be signed by a parent or guardian of the donor, on behalf of the donor, and two witnesses at the direction and in the presence of the parent or guardian and of each other and state that it has been so signed.


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1999 Statutes of Nevada, Page 3513 (Chapter 630, AB 238)

 

each other and state that it has been so signed. The document is not required to be signed by the donor.

    4.  If a document of gift is imprinted on a donor’s driver’s license or identification card, the document of gift must comply with subsection 2. Revocation, suspension, expiration or cancellation of the license or card does not invalidate the anatomical gift.

    5.  A document of gift may authorize a particular physician to carry out the appropriate procedures. In the absence of such authorization or if the designated physician is not available, the donee or other person authorized to accept the anatomical gift may employ or authorize any physician, technician or enucleator to carry out the appropriate procedures.

    6.  An anatomical gift by will takes effect upon the death of the testator, whether or not the will is probated. If, after death, the will is declared invalid for testamentary purposes, the validity of the anatomical gift is unaffected.

    7.  Except as otherwise provided in subsections 8 and 9, a donor may amend or revoke an anatomical gift, not made by will, only by:

    (a) A signed statement;

    (b) An oral statement made in the presence of two persons;

    (c) Any form of communication during a terminal illness or injury addressed to a physician; or

    (d) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.

    8.  Except as otherwise provided in subsection 9, a donor who is less than 18 years of age may, with the consent of his parent or guardian, amend or revoke an anatomical gift, not made by will, by:

    (a) A signed statement;

    (b) An oral statement made in the presence of two persons;

    (c) Any form of communication during a terminal illness or injury addressed to a physician; or

    (d) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.

    9.  A donor who is less than 12 years of age may not amend or revoke an anatomical gift. The parent or guardian who made the gift on behalf of the donor may amend or revoke an anatomical gift, not made by will, only by:

    (a) A signed statement;

    (b) An oral statement made in the presence of two persons;

    (c) Any form of communication during a terminal illness or injury addressed to a physician; or

    (d) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.

    10.  The donor of an anatomical gift made by will may amend or revoke the gift in the manner provided for amendment or revocation of wills in chapter 133 of NRS or as provided in subsection 7, 8 or 9.

    11.  An anatomical gift that is not revoked by the donor before death is irrevocable and does not require the consent or concurrence of any person after the donor’s death. The intent of a donor to make an anatomical gift, as evidenced by a document of gift, may not be revoked by any member of the classes of persons set forth in subsection 1 of NRS 451.557.


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1999 Statutes of Nevada, Page 3514 (Chapter 630, AB 238)

 

    12.  A person may refuse to make an anatomical gift of his body or part by:

    (a) A writing signed in the same manner as a document of gift;

    (b) A statement imprinted on his driver’s license or identification card; or

    (c) Any other writing used to identify him as refusing to make an anatomical gift.

During a terminal illness or injury, the refusal may be an oral statement or other form of communication.

    13.  In the absence of contrary indications by the donor, an anatomical gift of a part is neither a refusal to give other parts nor a limitation on an anatomical gift under NRS 451.557.

    14.  In the absence of contrary indications by the donor, a revocation or amendment of an anatomical gift is not a refusal to make another anatomical gift. If the donor intends a revocation to be a refusal to make an anatomical gift, he shall make the refusal pursuant to subsection 12.

    Sec. 16.  NRS 451.560 is hereby amended to read as follows:

    451.560  1.  The following persons may become donees of anatomical gifts for the purposes stated:

    (a) A hospital, physician, dentist or procurement organization, for transplantation, therapy, medical or dental education, research or advancement of medical or dental science;

    (b) An accredited medical or dental school, college or university, for education, research or advancement of medical or dental science; or

    (c) A designated person, for transplantation or therapy needed by that person.

    2.  An anatomical gift may be made to a designated donee or without designating a donee. If a donee is not designated or if the donee is not available or rejects the anatomical gift, the anatomical gift may be accepted by any hospital or procurement organization.

    3.  In the absence of evidence that an anatomical gift has been revoked by the donor, a document of gift must be presumed to be valid. If the donee knows of the decedent’s refusal or contrary indications to make an anatomical gift or that an anatomical gift by a member of a class having priority to act is opposed by a member of the same class or a prior class under subsection 1 of NRS 451.557, the donee shall not accept the anatomical gift.

    Sec. 17.  NRS 451.576 is hereby amended to read as follows:

    451.576  1.  Each hospital in this state, after consultation with other hospitals and procurement organizations, shall establish agreements or affiliations for coordination of procurement and use of human bodies and parts.

    2.  Except as otherwise required by the specific terms of an anatomical gift, an anatomical gift from a resident of this state must be offered to any residents of this state in need of transplantation or therapy and listed on a transplant list generally recognized in the medical field before the anatomical gift may be used by another person.

    Sec. 18.  NRS 458.055 is hereby amended to read as follows:

    458.055  1.  To preserve the confidentiality of any information concerning persons applying for or receiving any services pursuant to NRS 458.010 to 458.350, inclusive, the bureau may establish and enforce rules governing the confidential nature, custody, use and preservation of the records, files and communications filed with the bureau.


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1999 Statutes of Nevada, Page 3515 (Chapter 630, AB 238)

 

458.010 to 458.350, inclusive, the bureau may establish and enforce rules governing the confidential nature, custody, use and preservation of the records, files and communications filed with the bureau.

    2.  Wherever information concerning persons applying for and receiving any services pursuant to NRS 458.010 to 458.350, inclusive, is furnished to or held by any other government agency or a public or private institution, the use of that information by the agency or institution is subject to the rules established by the bureau pursuant to subsection 1.

    3.  Except as otherwise provided in NRS 449.705 , sections 3 to 9, inclusive, of this act and chapter 629 of NRS and except for purposes directly connected with the administration of NRS 458.010 to 458.350, inclusive, a person shall not disclose, use or permit to be disclosed, any confidential information concerning a person receiving services pursuant to NRS 458.010 to 458.350, inclusive.

    Sec. 19.  NRS 458.280 is hereby amended to read as follows:

    458.280  1.  Except as otherwise provided in subsection 2, NRS 449.705 , sections 3 to 9, inclusive, of this act and chapter 629 of NRS, the registration and other records of a treatment facility are confidential and must not be disclosed to any person not connected with the treatment facility without the consent of the patient.

    2.  The provisions of subsection 1 do not restrict the use of a patient’s records for the purpose of research into the causes and treatment of alcoholism if such information is not published in a way that discloses the patient’s name or other identifying information.

    Sec. 20.  NRS 629.171 is hereby amended to read as follows:

    629.171  It is unlawful to disclose or to compel a person to disclose the identity of a person who was the subject of a genetic test or to disclose genetic information of that person in a manner that allows identification of the person, without first obtaining the informed consent of that person or his legal guardian pursuant to NRS 629.181, unless the information is disclosed:

    1.  To conduct a criminal investigation, an investigation concerning the death of a person, or a criminal or juvenile proceeding;

    2.  To determine the parentage or identity of a person pursuant to NRS 56.020;

    3.  To determine the paternity of a person pursuant to NRS 126.121 or 425.384;

    4.  Pursuant to an order of a court of competent jurisdiction;

    5.  By a physician and is the genetic information of a deceased person that will assist in the medical diagnosis of persons related to the deceased person by blood;

    6.  To a federal, state, county or city law enforcement agency to establish the identity of a person or dead human body;

    7.  To determine the presence of certain preventable or inheritable disorders in an infant pursuant to NRS 442.115 or a provision of federal law;

    8.  To carry out the provisions of sections 3 to 9, inclusive, of this act; or

    [8.] 9.  By an agency of criminal justice pursuant to NRS 179A.075.


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1999 Statutes of Nevada, Page 3516 (Chapter 630, AB 238)

 

    Sec. 21.  NRS 652.190 is hereby amended to read as follows:

    652.190  1.  A laboratory may examine specimens only at the request of:

    (a) A licensed physician;

    (b) Any other person authorized by law to use the findings of laboratory tests and examinations; or

    (c) If the examination can be made with a testing device or kit which is approved by the Food and Drug Administration for use in the home and which is available to the public without a prescription, any person.

    2.  Except as otherwise provided in NRS 441A.150 and 652.193 [,] and section 8 of this act, the laboratory may report the results of the examination only to the person requesting the test or procedure and to the patient for whom the testing or procedure was performed. The laboratory report must contain the name of the laboratory.

    3.  If a specimen is accepted by a laboratory and is referred to another laboratory, the name and address of the other laboratory must be clearly shown by the referring laboratory on the report to the person requesting the test or procedure.

    4.  Whenever an examination is made pursuant to paragraph (c) of subsection 1, the laboratory report must contain a provision which recommends that the results of the examination be reviewed and interpreted by a physician or other licensed provider of health care.

    Sec. 22.  NRS 652.193 is hereby amended to read as follows:

    652.193  1.  [A] Except as otherwise provided in section 8 of this act, a licensed laboratory may release the results of tests performed at the laboratory regarding a patient of a rural hospital only to:

    (a) The patient;

    (b) The physician who ordered the tests; and

    (c) A provider of health care who is currently treating or providing assistance in the treatment of the patient.

    2.  As used in this section:

    (a) “Provider of health care” has the meaning ascribed to it in NRS 629.031.

    (b) “Rural hospital” has the meaning ascribed to it in NRS 449.0177.

    Sec. 23.  Sections 10, 13, 18 and 20 of this act become effective at 12:01 a.m. on October 1, 1999.

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1999 Statutes of Nevada, Page 3517

 

CHAPTER 631, AB 267

Assembly Bill No. 267–Assemblymen Perkins, Williams, Lee, Carpenter, Ohrenschall, Thomas, de Braga, Berman, Claborn, Anderson, Collins, Parnell, Neighbors, Mortenson, Segerblom, Buckley, Freeman, Evans, Goldwater, Brower, Chowning, McClain, Parks, Manendo, Bache, Tiffany, Hettrick, Price, Gibbons, Leslie, Nolan, Beers, Giunchigliani and Dini

 

Joint Sponsors: Senators James, Rawson, Coffin, O’Donnell, Titus, Amodei, Care, Carlton, Mathews, Neal, Porter, Schneider, Shaffer, Washington and Wiener

 

CHAPTER 631

 

AN ACT relating to public safety; requiring a person to report certain violent or sexual offenses against a child to a law enforcement agency under certain circumstances; providing a penalty; revising the provisions governing reports of the abuse or neglect of a child and reports of the abuse, neglect, exploitation or isolation of persons who are 60 years of age or older; and providing other matters properly relating thereto.

 

[Approved June 11, 1999]

 

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

 

    Section 1.  Chapter 200 of NRS is hereby amended by adding thereto a new section to read as follows:

    For the purposes of NRS 200.5091 to 200.50995, inclusive, a person:

    1.  Has “reasonable cause to believe” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.

    2.  Acts “as soon as reasonably practicable” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would act within approximately the same period under those facts and circumstances.

    Sec. 2.  NRS 200.5092 is hereby amended to read as follows:

    200.5092  As used in NRS 200.5091 to 200.50995, inclusive, and section 1 of this act, unless the context otherwise requires:

    1.  “Abuse” means willful and unjustified:

    (a) Infliction of pain, injury or mental anguish on an older person; or

    (b) Deprivation of food, shelter, clothing or services which are necessary to maintain the physical or mental health of an older person.

    2.  “Exploitation” means any act taken by a person who has the trust and confidence of an older person or any use of the power of attorney or guardianship of an older person to obtain control, through deception, intimidation or undue influence, over the older person’s money, assets or


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1999 Statutes of Nevada, Page 3518 (Chapter 631, AB 267)

 

property with the intention of permanently depriving the older person of the ownership, use, benefit or possession of his money, assets or property. As used in this subsection, “undue influence” does not include the normal influence that one member of a family has over another.

    3.  “Isolation” means willfully, maliciously and intentionally preventing an older person from having contact with another person by:

    (a) Intentionally preventing the older person from receiving his visitors, mail or telephone calls, including, without limitation, communicating to a person who comes to visit the older person or a person who telephones the older person that the older person is not present or does not want to meet with or talk to the visitor or caller knowing that the statement is false, contrary to the express wishes of the older person and intended to prevent the older person from having contact with the visitor; or

    (b) Physically restraining the older person to prevent the older person from meeting with a person who comes to visit the older person.

The term does not include an act intended to protect the property or physical or mental welfare of the older person or an act performed pursuant to the instructions of a physician of the older person.

    4.  “Neglect” means the failure of:

    (a) A person who has assumed legal responsibility or a contractual obligation for caring for an older person or who has voluntarily assumed responsibility for his care to provide food, shelter, clothing or services which are necessary to maintain the physical or mental health of the older person; or

    (b) An older person to provide for his own needs because of inability to do so.

    5.  “Older person” means a person who is 60 years of age or older.

    6.  “Protective services” means services the purpose of which is to prevent and remedy the abuse, neglect, exploitation and isolation of older persons. The services may include investigation, evaluation, counseling, arrangement and referral for other services and assistance.

    Sec. 3.  NRS 200.5093 is hereby amended to read as follows:

    200.5093  1.  [A person required to make a report pursuant to this section shall make the report immediately, but in no event later than 24 hours after there is reason to believe that an older person has been abused, neglected, exploited or isolated. The report must be made to:

    (a)] Any person who is described in subsection 4 and who, in his professional or occupational capacity, knows or has reasonable cause to believe that an older person has been abused, neglected, exploited or isolated shall:

    (a) Except as otherwise provided in subsection 2, report the abuse, neglect, exploitation or isolation of the older person to:

         (1) The local office of the aging services division of the department of human resources;

    [(b)] (2) A police department or sheriff’s office;

    [(c)] (3) The county’s office for protective services, if one exists in the county where the suspected action occurred; or

    [(d)] (4) A toll-free telephone service designated by the aging services division of the department of human resources [.

If the report of] ; and


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1999 Statutes of Nevada, Page 3519 (Chapter 631, AB 267)

 

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

    2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation or isolation of [an] the older person involves an act or omission of the aging services division or a law enforcement agency, the person shall make the report [must be made] to an agency other than the one alleged to have committed the act or omission.

    3.  Each agency, after reducing [the] a report to writing, shall forward a copy of the report to the aging services division of the department of human resources.

    [2.  Reports]

    4.  A report must be made pursuant to subsection 1 by the following persons : [who, in their professional or occupational capacities, know or have reason to believe that an older person is being or has been abused, neglected, exploited or isolated:]

    (a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician’s assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this state, who examines, attends or treats an older person who appears to have been abused, neglected, exploited or isolated.

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

    (c) A coroner.

    (d) Every clergyman, practitioner of Christian Science or religious healer, unless he acquired the knowledge of abuse, neglect, exploitation or isolation of the older person from the offender during a confession.

    (e) Every person who maintains or is employed by an agency to provide nursing in the home.

    (f) Every attorney, unless he has acquired the knowledge of abuse, neglect, exploitation or isolation of the older person from a client who has been or may be accused of such abuse, neglect, exploitation or isolation.

    (g) Any employee of the department of human resources.

    (h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

    (i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

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

    (k) Every social worker.


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    (l) Any person who owns or is employed by a funeral home or mortuary.

    [3.] 5.  A report may be [filed] made by any other person.

    [4.  A]

    6.  If a person who is required to make a report pursuant to [this section who] subsection 1 knows or has reasonable cause to believe that an older person has died as a result of abuse, neglect or isolation , the person shall , as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney and the aging services division of the department of human resources his written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.

    [5.] 7.  A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the aging services division of the department of human resources, must be forwarded to the aging services division within 90 days after the completion of the report.

    [6.] 8.  If the investigation of [the] a report results in the belief that [the] an older person is abused, neglected, exploited or isolated, the aging services division of the department of human resources or the county’s office for protective services may provide protective services to the older person if he is able and willing to accept them.

    [7.] 9.  A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.

    Sec. 4.  NRS 200.5094 is hereby amended to read as follows:

    200.5094  1.  [The report required] A person may make a report pursuant to NRS 200.5093 [may be made orally,] by telephone or [otherwise. The] , in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, by any other means of oral, written or electronic communication that a reasonable person would believe, under those facts and circumstances, is a reliable and swift means of communicating information to the person who receives the report. If the report is made orally, the person who receives the report must reduce it to writing as soon as [possible.] reasonably practicable.

    2.  The report must contain the following information, when possible:

    (a) The name and address of the older person;

    (b) The name and address of the person responsible for his care, if there is one;

    (c) The name and address, if available, of the person who is alleged to have abused, neglected, exploited or isolated the older person;

    (d) The nature and extent of the abuse, neglect, exploitation or isolation of the older person;

    (e) Any evidence of previous injuries; and

    (f) The basis of the reporter’s belief that the older person has been abused, neglected, exploited or isolated.


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1999 Statutes of Nevada, Page 3521 (Chapter 631, AB 267)

 

    Sec. 5.  NRS 200.50984 is hereby amended to read as follows:

    200.50984  1.  Notwithstanding any other statute to the contrary, the local office of the aging services division of the department of human resources and a county’s office for protective services, if one exists in the county where a violation is alleged to have occurred, may for the purpose of investigating an alleged violation of NRS 200.5091 to 200.50995, inclusive, and section 1 of this act inspect all records pertaining to the older person on whose behalf the investigation is being conducted, including, but not limited to, that person’s medical and financial records.

    2.  Except as otherwise provided in this subsection, if a guardian has not been appointed for the older person, the aging services division or the county’s office for protective services shall obtain the consent of the older person before inspecting those records. If the aging services division or the county’s office for protective services determines that the older person is unable to consent to the inspection, the inspection may be conducted without his consent. Except as otherwise provided in this subsection, if a guardian has been appointed for the older person, the aging services division or the county’s office for protective services shall obtain the consent of the guardian before inspecting those records. If the aging services division or the county’s office for protective services has [reason] reasonable cause to believe that the guardian is abusing, neglecting, exploiting or isolating the older person, the inspection may be conducted without the consent of the guardian, except that if the records to be inspected are in the personal possession of the guardian, the inspection must be approved by a court of competent jurisdiction.

    Sec. 6.  NRS 200.50986 is hereby amended to read as follows:

    200.50986  The local office of the aging services division or the county’s office for protective services may petition a court in accordance with NRS 159.185 or 159.1905 for the removal of the guardian of an older person, or the termination or modification of that guardianship, if, based on its investigation, the aging services division or the county’s office of protective services has [reason] reasonable cause to believe that the guardian is abusing, neglecting, exploiting or isolating the older person in violation of NRS 200.5095 to 200.50995, inclusive [.] , and section 1 of this act.

    Sec. 7.  Chapter 202 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 to 16, inclusive, of this act.

    Sec. 8.  As used in sections 8 to 16, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 9 and 10 of this act have the meanings ascribed to them in those sections.

    Sec. 9.  “Law enforcement agency” means:

    1.  The office of the attorney general or the office of a district attorney within this state and any attorney, investigator, special investigator or employee who is acting in his professional or occupational capacity for such an office; or

    2.  Any other law enforcement agency within this state and any peace officer or employee who is acting in his professional or occupational capacity for such an agency.

    Sec. 10.  “Violent or sexual offense” means any act that, if prosecuted in this state, would constitute any of the following offenses:


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    1.  Murder or voluntary manslaughter pursuant to NRS 200.010 to 200.260, inclusive.

    2.  Mayhem pursuant to NRS 200.280.

    3.  Kidnaping pursuant to NRS 200.310 to 200.340, inclusive.

    4.  Sexual assault pursuant to NRS 200.366.

    5.  Robbery pursuant to NRS 200.380.

    6.  Administering poison or another noxious or destructive substance or liquid with intent to cause death pursuant to NRS 200.390.

    7.  Battery with intent to commit a crime pursuant to NRS 200.400.

    8.  Administering a drug or controlled substance to another person with the intent to enable or assist the commission of a felony or crime of violence pursuant to NRS 200.405 or 200.408.

    9.  False imprisonment pursuant to NRS 200.460, if the false imprisonment involves the use or threatened use of force or violence against the victim or the use or threatened use of a firearm or a deadly weapon.

    10.  Assault with a deadly weapon pursuant to NRS 200.471.

    11.  Battery which is committed with the use of a deadly weapon or which results in substantial bodily harm pursuant to NRS 200.481.

    12.  An offense involving pornography and a minor pursuant to NRS 200.710 or 200.720.

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

    14.  Intentional transmission of the human immunodeficiency virus pursuant to NRS 201.205.

    15.  Open or gross lewdness pursuant to NRS 201.210.

    16.  Lewdness with a child pursuant to NRS 201.230.

    17.  An offense involving pandering or prostitution in violation of NRS 201.300, 201.320 or 201.340.

    18.  Coercion pursuant to NRS 207.190, if the coercion involves the use or threatened use of force or violence against the victim or the use or threatened use of a firearm or a deadly weapon.

    19.  An attempt, conspiracy or solicitation to commit an offense listed in subsections 1 to 18, inclusive.

    Sec. 11.  For the purposes of sections 8 to 16, inclusive, of this act, a person:

    1.  Has “reasonable cause to believe” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.

    2.  Acts “as soon as reasonably practicable” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would act within approximately the same period under those facts and circumstances.

    3.  May make a report by telephone or, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, by any other means of oral, written or electronic communication that a reasonable person would believe, under those facts and circumstances, is a reliable and swift means of communicating information to the person who receives the information.


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1999 Statutes of Nevada, Page 3523 (Chapter 631, AB 267)

 

electronic communication that a reasonable person would believe, under those facts and circumstances, is a reliable and swift means of communicating information to the person who receives the information.

    Sec. 12.  1.  Except as otherwise provided in sections 13 and 14 of this act, a person who knows or has reasonable cause to believe that another person has committed a violent or sexual offense against a child who is 12 years of age or younger shall:

    (a) Report the commission of the violent or sexual offense against the child to a law enforcement agency; and

    (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the other person has committed the violent or sexual offense against the child.

    2.  A person who knowingly and willfully violates the provisions of subsection 1 is guilty of a misdemeanor.

    3.  A report made pursuant to this section must include, without limitation:

    (a) If known, the name of the child and the name of the person who committed the violent or sexual offense against the child;

    (b) The location where the violent or sexual offense was committed; and

    (c) The facts and circumstances which support the person’s belief that the violent or sexual offense was committed.

    Sec. 13.  1.  A person may not be prosecuted or convicted pursuant to section 12 of this act unless a court in this state or any other jurisdiction has entered a judgment of conviction against a culpable actor for:

    (a) The violent or sexual offense against the child; or

    (b) Any other offense arising out of the same facts as the violent or sexual offense against the child.

    2.  For any violation of section 12 of this act, an indictment must be found or an information or complaint must be filed within 1 year after the date on which:

    (a) A court in this state or any other jurisdiction has entered a judgment of conviction against a culpable actor as provided in subsection 1; or

    (b) The violation is discovered,

whichever occurs later.

    3.  For the purposes of this section:

    (a) A court in “any other jurisdiction” includes, without limitation, a tribal court or a court of the United States or the Armed Forces of the United States.

    (b) “Convicted” and “conviction” mean a judgment based upon:

         (1) A plea of guilty, guilty but mentally ill or nolo contendere;

         (2) A finding of guilt by a jury or a court sitting without a jury;

         (3) An adjudication of delinquency or finding of guilt by a court having jurisdiction over juveniles; or

         (4) Any other admission or finding of guilt in a criminal action or a proceeding in a court having jurisdiction over juveniles.

    (c) A court “enters” a judgment of conviction against a person on the date on which guilt is admitted, adjudicated or found, whether or not:


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1999 Statutes of Nevada, Page 3524 (Chapter 631, AB 267)

 

         (1) The court has imposed a sentence, a penalty or other sanction for the conviction; or

         (2) The person has exercised any right to appeal the conviction.

    (d) “Culpable actor” means a person who:

         (1) Causes or perpetrates an unlawful act;

         (2) Aids, abets, commands, counsels, encourages, hires, induces, procures or solicits another person to cause or perpetrate an unlawful act; or

         (3) Is a principal in any degree, accessory before or after the fact, accomplice or conspirator to an unlawful act.

    Sec. 14.  The provisions of section 12 of this act do not apply to a person who:

    1.  Is less than 16 years of age;

    2.  Is, by blood or marriage, the spouse, brother, sister, parent, grandparent, child or grandchild of:

    (a) The child who is the victim of the violent or sexual offense; or

    (b) The person who committed the violent or sexual offense against the child;

    3.  Suffers from a mental or physical impairment or disability that, in light of all the surrounding facts and circumstances, would make it impracticable for the person to report the commission of the violent or sexual offense against the child to a law enforcement agency;

    4.  Knows or has reasonable cause to believe that reporting the violent or sexual offense against the child to a law enforcement agency would place the person or any other person who is related to him by blood or marriage or who resides in the same household as him, whether or not the other person is related to him by blood or marriage, in imminent danger of suffering substantial bodily harm;

    5.  Became aware of the violent or sexual offense against the child through a communication or proceeding that is protected by a privilege set forth in chapter 49 of NRS; or

    6.  Is acting in his professional or occupational capacity and is required to report the abuse or neglect of a child pursuant to NRS 432B.220.

    Sec. 15.  1.  If a person who is required to make a report pursuant to section 12 of this act makes such a report in good faith and in accordance with that section, the person is immune from civil or criminal liability for any act or omission related to that report, but the person is not immune from civil or criminal liability for any other act or omission committed by the person as part of, in connection with or as a principal, accessory or conspirator to the violent or sexual offense against the child, regardless of the nature of the other act or omission.

    2.  If a person is not required to make a report pursuant to section 12 of this act and the person makes such a report to a law enforcement agency in good faith, the person is immune from civil or criminal liability for any act or omission related to that report, but the person is not immune from civil or criminal liability for any other act or omission committed by the person as part of, in connection with or as a principal, accessory or conspirator to the violent or sexual offense against the child, regardless of the nature of the other act or omission.


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1999 Statutes of Nevada, Page 3525 (Chapter 631, AB 267)

 

the violent or sexual offense against the child, regardless of the nature of the other act or omission.

    3.  For the purposes of this section, if a person reports to a law enforcement agency that another person has committed a violent or sexual offense against a child, whether or not the person is required to make such a report pursuant to section 12 of this act, the person is presumed to have made the report in good faith unless the person is being prosecuted for a criminal violation, including, without limitation, a violation of the provisions of NRS 207.280.

    Sec. 16.  If a person reports to a law enforcement agency that another person has committed a violent or sexual offense against a child, whether or not the person is required to make such a report pursuant to section 12 of this act, and the violent or sexual offense against the child would constitute abuse or neglect of a child, as defined in NRS 432B.020, the report made by the person shall be deemed to be a report of the abuse or neglect of the child that has been made pursuant to NRS 432B.220 and:

    1.  The appropriate agencies shall act upon the report pursuant to chapter 432B of NRS; and

    2.  The report may be used in the same manner as other reports that are made pursuant to NRS 432B.220.

    Sec. 17.  NRS 171.090 is hereby amended to read as follows:

    171.090  Except as otherwise provided in NRS 171.095 [,] and section 13 of this act, an indictment for:

    1.  A gross misdemeanor must be found, or an information or complaint filed, within 2 years after the commission of the offense.

    2.  Any other misdemeanor must be found, or an information or complaint filed, within 1 year after [its commission.] the commission of the offense.

    Sec. 18.  NRS 171.095 is hereby amended to read as follows:

    171.095  1.  Except as otherwise provided in subsection 2 and NRS 171.083:

    (a) If a felony, gross misdemeanor or misdemeanor is committed in a secret manner, an indictment for the offense must be found, or an information or complaint filed, within the periods of limitation prescribed in NRS 171.085 and 171.090 after the discovery of the offense , unless a longer period is allowed by paragraph (b) [.] or the provisions of section 13 of this act.

    (b) An indictment must be found, or an information or complaint filed, for any offense constituting sexual abuse of a child, as defined in NRS 432B.100, before the victim of the sexual abuse is:

         (1) Twenty-one years old if he discovers or reasonably should have discovered that he was a victim of the sexual abuse by the date on which he reaches that age; or

         (2) Twenty-eight years old if he does not discover and reasonably should not have discovered that he was a victim of the sexual abuse by the date on which he reaches 21 years of age.


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1999 Statutes of Nevada, Page 3526 (Chapter 631, AB 267)

 

    2.  If any indictment found, or an information or complaint filed, within the time prescribed in subsection 1 is defective so that no judgment can be given thereon, another prosecution may be instituted for the same offense within 6 months after the first is abandoned.

    Sec. 19.  Chapter 432B of NRS is hereby amended by adding thereto a new section to read as follows:

    For the purposes of this chapter, a person:

    1.  Has “reasonable cause to believe” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.

    2.  Acts “as soon as reasonably practicable” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would act within approximately the same period under those facts and circumstances.

    Sec. 20.  NRS 432B.160 is hereby amended to read as follows:

    432B.160  1.  Immunity from civil or criminal liability extends to every person who in good faith:

    (a) Makes a report pursuant to [the provisions of] NRS 432B.220;

    (b) Conducts an interview or allows an interview to be taken pursuant to NRS 432B.270;

    (c) Allows or takes photographs or X‑rays pursuant to NRS 432B.270;

    (d) Causes a medical test to be performed pursuant to NRS 432B.270;

    (e) Provides a record, or a copy thereof, of a medical test performed pursuant to NRS 432B.270 to an agency that provides protective services to the child, a law enforcement agency that participated in the investigation of the report of abuse or neglect of the child or the prosecuting attorney’s office;

    (f) Holds a child pursuant to NRS 432B.400 or places a child in protective custody;

    (g) Refers a case or recommends the filing of a petition pursuant to NRS 432B.380; or

    (h) Participates in a judicial proceeding resulting from a referral or recommendation.

    2.  In any proceeding to impose liability against a person for:

    (a) Making a report pursuant to [subsection 2 of] NRS 432B.220; or

    (b) Any of the acts set forth in paragraphs (b) to (h), inclusive, of subsection 1,

there is a presumption that the person acted in good faith.

    Sec. 21.  NRS 432B.220 is hereby amended to read as follows:

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

    (a) Except as otherwise provided in subsection 2, report the abuse or neglect of the child to an agency which provides protective services or to a law enforcement agency [immediately, but in no event] ; and


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1999 Statutes of Nevada, Page 3527 (Chapter 631, AB 267)

 

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

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

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

    (b) An agency which provides protective services or a law enforcement agency, the person shall make the report [must be made to and the investigation made by] to an agency other than the one alleged to have committed the [acts or omissions.

    2.  Reports] act or omission, and the investigation of the abuse or neglect of the child must be made by an agency other than the one alleged to have committed the act or omission.

    3.  A report must be made pursuant to subsection 1 by the following persons : [who, in their professional or occupational capacities, know or have reason to believe that a child has been abused or neglected:]

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

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

    (c) A coroner;

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

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

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

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

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

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


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1999 Statutes of Nevada, Page 3528 (Chapter 631, AB 267)

 

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

    [3.] 4.  A report may be made by any other person.

    [4.  Any]

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

    Sec. 22.  NRS 432B.230 is hereby amended to read as follows:

    432B.230  1.  [The report required under the provisions of subsection 1 of] A person may make a report pursuant to NRS 432B.220 [may be made verbally,] by telephone or [otherwise.] , in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, by any other means of oral, written or electronic communication that a reasonable person would believe, under those facts and circumstances, is a reliable and swift means of communicating information to the person who receives the report. If the report is made orally, the person who receives the report must reduce it to writing as soon as reasonably practicable.

    2.  The report must contain the following information, if obtainable:

    (a) The name, address, age and sex of the child;

    (b) The name and address of the child’s parents or other person responsible for his care;

    (c) The nature and extent of the abuse or neglect of the child;

    (d) Any evidence of previously known or suspected abuse or neglect of the child or the child’s siblings;

    (e) The name, address and relationship, if known, of the person who is alleged to have abused or neglected the child; and

    (f) Any other information known to the person making the report that the agency which provides protective services considers necessary.

    Sec. 23.  NRS 432B.250 is hereby amended to read as follows:

    432B.250  Any person who is required to make a report [under] pursuant to NRS 432B.220 may not invoke any of the privileges [granted under] set forth in chapter 49 of NRS:

    1.  For his failure to make a report [as required under] pursuant to NRS 432B.220;

    2.  In cooperating with an agency which provides protective services or a guardian ad litem for a child; or

    3.  In any proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive.


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1999 Statutes of Nevada, Page 3529 (Chapter 631, AB 267)

 

    Sec. 24.  NRS 432B.290 is hereby amended to read as follows:

    432B.290  1.  Except as otherwise provided in subsection 2 or 5, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available only to:

    (a) A physician [who] , if the physician has before him a child who he [reasonably believes may have] has reasonable cause to believe has been abused or neglected;

    (b) A person authorized to place a child in protective custody, if [he] the person has before him a child who he [reasonably believes may have] has reasonable cause to believe has been abused or neglected and [he] the person requires the information to determine whether to place the child in protective custody;

    (c) An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:

         (1) The child; or

         (2) The person responsible for the welfare of the child;

    (d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of abuse or neglect of a child;

    (e) A court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;

    (f) A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to him;

    (g) The guardian ad litem of the child;

    (h) A grand jury upon its determination that access to these records is necessary in the conduct of its official business;

    (i) An agency which provides protective services or which is authorized to receive, investigate and evaluate reports of abuse or neglect of a child;

    (j) A person who or an organization that has entered into a written agreement with an agency which provides protective services to provide assessments or services and that has been trained to make such assessments or provide such services;

    (k) A team organized for the protection of a child pursuant to NRS 432B.350;

    (l) A team organized pursuant to NRS 432B.405 to review the death of a child;

    (m) A parent or legal guardian of the child, if the identity of the person responsible for reporting the alleged abuse or neglect of the child to a public agency is kept confidential;

    (n) The person named in the report as allegedly being abused or neglected, if he is not a minor or otherwise legally incompetent;

    (o) An agency that is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child;


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1999 Statutes of Nevada, Page 3530 (Chapter 631, AB 267)

 

    (p) Upon written consent of the parent, any officer of this state or a city or county thereof or legislator authorized by the agency or department having jurisdiction or by the legislature, acting within its jurisdiction, to investigate the activities or programs of an agency that provides protective services if:

         (1) The identity of the person making the report is kept confidential; and

         (2) The officer, legislator or a member of his family is not the person alleged to have committed the abuse or neglect;

    (q) The division of parole and probation of the department of motor vehicles and public safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court; or

    (r) Any person who is required pursuant to NRS 432B.220 to make a report to an agency which provides protective services or to a law enforcement agency.

    2.  Except as otherwise provided in subsection 3, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available to any member of the general public if the child who is the subject of the report dies or is critically injured as a result of alleged abuse or neglect, except that the data or information which may be disclosed is limited to:

    (a) The fact that a report of abuse or neglect has been made and, if appropriate, a factual description of the contents of the report;

    (b) Whether an investigation has been initiated pursuant to NRS 432B.260, and the result of a completed investigation; and

    (c) Such other information authorized for disclosure by a court pursuant to subsection 4.

    3.  An agency which provides protective services shall not disclose data or information pursuant to subsection 2 if the agency determines that the disclosure is not in the best interests of the child or if disclosure of the information would adversely affect any pending investigation concerning the report.

    4.  Upon petition, a court of competent jurisdiction may authorize the disclosure of additional information to the public pursuant to subsection 2 if good cause is shown by the petitioner for the disclosure of the additional information.

    5.  An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child:

    (a) A copy of:

         (1) Any statement made in writing to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

         (2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

    (b) A written summary of the allegations made against the person who is named in the report as allegedly causing the abuse or neglect of the child. The summary must not identify the person responsible for reporting the alleged abuse or neglect.


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1999 Statutes of Nevada, Page 3531 (Chapter 631, AB 267)

 

    6.  Any person, except for:

    (a) The subject of a report;

    (b) A district attorney or other law enforcement officer initiating legal proceedings; or

    (c) An employee of the division of parole and probation of the department of motor vehicles and public safety making a presentence investigation and report to the district court pursuant to NRS 176.135,

who is given access, pursuant to subsection 1 or 2, to information identifying the subjects of a report and who makes this information public is guilty of a misdemeanor.

    7.  The division of child and family services shall adopt regulations to carry out the provisions of this section.

    Sec. 25.  NRS 432B.290 is hereby amended to read as follows:

    432B.290  1.  Except as otherwise provided in subsection 2, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available only to:

    (a) A physician [who] , if the physician has before him a child who he [reasonably believes may have] has reasonable cause to believe has been abused or neglected;

    (b) A person authorized to place a child in protective custody, if [he] the person has before him a child who he [reasonably believes may have] has reasonable cause to believe has been abused or neglected and [he] the person requires the information to determine whether to place the child in protective custody;

    (c) An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:

         (1) The child; or

         (2) The person responsible for the welfare of the child;

    (d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of abuse or neglect of a child;

    (e) A court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;

    (f) A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to him;

    (g) The guardian ad litem of the child;

    (h) A grand jury upon its determination that access to these records is necessary in the conduct of its official business;

    (i) An agency which provides protective services or which is authorized to receive, investigate and evaluate reports of abuse or neglect of a child;

    (j) A team organized for the protection of a child pursuant to NRS 432B.350;

    (k) A parent or legal guardian of the child, if the identity of the person responsible for reporting the alleged abuse or neglect of the child to a public agency is kept confidential;

    (l) The person named in the report as allegedly being abused or neglected, if he is not a minor or otherwise legally incompetent;


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1999 Statutes of Nevada, Page 3532 (Chapter 631, AB 267)

 

    (m) An agency that is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child;

    (n) Upon written consent of the parent, any officer of this state or a city or county thereof or legislator authorized, by the agency or department having jurisdiction or by the legislature, acting within its jurisdiction, to investigate the activities or programs of an agency that provides protective services if:

         (1) The identity of the person making the report is kept confidential; and

         (2) The officer, legislator or a member of his family is not the person alleged to have committed the abuse or neglect; or

    (o) The division of parole and probation of the department of motor vehicles and public safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court.

    2.  An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child:

    (a) A copy of:

         (1) Any statement made in writing to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

         (2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

    (b) A written summary of the allegations made against the person who is named in the report as allegedly causing the abuse or neglect of the child. The summary must not identify the person responsible for reporting the alleged abuse or neglect.

    3.  Any person, except for:

    (a) The subject of a report;

    (b) A district attorney or other law enforcement officer initiating legal proceedings; or

    (c) An employee of the division of parole and probation of the department of motor vehicles and public safety making a presentence investigation and report to the district court pursuant to NRS 176.135,

who is given access, pursuant to subsection 1, to information identifying the subjects of a report and who makes this information public is guilty of a misdemeanor.

    4.  The division of child and family services shall adopt regulations to carry out the provisions of this section.

    Sec. 26.  The amendatory provisions of this act do not apply to a person who violates NRS 200.5093 or 432B.220 or section 12 of this act before October 1, 1999.

    Sec. 27.  1.  This section and sections 1 to 24, inclusive, and 26 of this act become effective on October 1, 1999.

    2.  Section 24 of this act expires by limitation on June 30, 2001.

    3.  Section 25 of this act becomes effective on July 1, 2001.

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1999 Statutes of Nevada, Page 3533

 

CHAPTER 632, AB 287

Assembly Bill No. 287–Assemblymen Segerblom, Gibbons, Williams, Parks, Buckley, Manendo, Freeman, de Braga, Collins, Berman, Neighbors, Tiffany, Evans, Cegavske, Anderson, Goldwater, Gustavson, Humke, Price, Giunchigliani, Mortenson, Claborn, Hettrick, Angle, Nolan, Carpenter and Beers

 

CHAPTER 632

 

AN ACT relating to eminent domain; establishing a preference in the processing of actions related to eminent domain under certain circumstances; revising the date of valuation used to assess the amount of compensation and damages awarded in an action relating to eminent domain; revising a provision governing the amount of interest a plaintiff must pay on the final judgment in an action relating to eminent domain; and providing other matters properly relating thereto.

 

[Approved June 11, 1999]

 

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

 

    Section 1.  Chapter 37 of NRS is hereby amended by adding thereto a new section to read as follows:

    All proceedings in all courts brought under this chapter to exercise the right of eminent domain take precedence over all other causes and actions not involving the public interest, to the end that all such proceedings must be quickly heard and determined.

    Sec. 2.  NRS 37.120 is hereby amended to read as follows:

    37.120  1.  To assess compensation and damages as provided in NRS 37.110, the date of the first service of the summons is the date of valuation, except that [:

    (a) If the action is not tried within 2 years after the date of the commencement of the action and the delay is caused primarily by the plaintiff, the date of valuation is the date of the first service of the summons or the date of the trial, whichever results in the greater compensation and damages.

    (b) If] , if the action is not tried within 2 years after the date of the [commencement of the action,] first service of the summons, and the court makes a written finding that the delay is caused primarily by the [defendant or, if there is more than one defendant, the total delay caused by all the defendants,] plaintiff or is caused by congestion or backlog in the calendar of the court, the date of valuation is [the date of the first service of summons or] the date of the actual commencement of the trial . [, whichever results in the lesser compensation and damages.] If a new trial is ordered by a court, the date of valuation used in the new trial must be the date of valuation used in the original trial.

    2.  No improvements put upon the property after the date of the service of the summons may be included in the assessment of compensation or damages, regardless of the date of valuation.


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1999 Statutes of Nevada, Page 3534 (Chapter 632, AB 287)

 

    3.  As used in this section, “primarily” means the greater amount, quantity or quality of acts of the plaintiff or the defendant or, if there is more than one defendant, the total delay caused by all the defendants, that would cause the date of the trial to be continued past 2 years after the [commencement of the action.] date of the first service of the summons.

    Sec. 3.  NRS 37.175 is hereby amended to read as follows:

    37.175  1.  Except as otherwise provided in this section, the plaintiff shall pay interest on the final judgment on the difference between the amount deposited pursuant to NRS 37.100 or 37.170 and the sum of the amount awarded for the taking and any damages awarded for the severance of the property, excluding costs and attorney’s fees, [at the following rates:

    (a) From the date of the commencement of the action to the date of the final judgment, at a rate equal to the rate of interest fixed for 1-year United States treasury bills on the date of the commencement of the action, as reported in the “Federal Reserve Bulletin” published by the Board of Governors of the Federal Reserve System or another commonly used business or financial publication. The rate of interest must be adjusted annually thereafter on the anniversary date of the commencement of the action. The interest must be compounded annually.

    (b) From the date of the final judgment to the date the judgment is satisfied, at a rate equal to the rate of interest fixed for 1-year United States treasury bills on the date of the final judgment, as reported in the “Federal Reserve Bulletin” published by the Board of Governors of the Federal Reserve System or another commonly used business or financial publication. The rate of interest must be adjusted annually thereafter on the anniversary date of the final judgment. The interest must be compounded annually.] from the date of the first service of the summons until the date the judgment is satisfied, at the rate provided in NRS 17.130.

    2.  The plaintiff is not required to pay interest on any amount deposited pursuant to the provisions of NRS 37.100 or 37.170.

    3.  No interest is required to be paid for the period from the date of a trial which is continued past 2 years after the [commencement of the action,] date of the first service of the summons, until the date of entry of judgment, if the continuance was caused primarily by the defendant or, if there is more than one defendant, the total delay caused by all the defendants. As used in this subsection , “primarily” means the greater amount, quantity or quality of acts of the plaintiff or the defendant or, if there is more than one defendant, the total delay caused by all defendants , that would cause the trial to be continued past 2 years after the [commencement of the action.] date of the first service of the summons.

________

 


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1999 Statutes of Nevada, Page 3535

 

CHAPTER 633, AB 318

Assembly Bill No. 318–Assemblywoman Buckley

 

CHAPTER 633

 

AN ACT relating to local government; authorizing a local government to donate certain personal property to a governmental entity for certain purposes; revising the provisions governing the conveyance of certain property owned by a local government to a nonprofit organization for use as affordable housing; and providing other matters properly relating thereto.

 

[Approved June 11, 1999]

 

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

 

    Section 1.  NRS 244.1505 is hereby amended to read as follows:

    244.1505  1.  A board of county commissioners may expend money for any purpose which will provide a substantial benefit to the inhabitants of the county. The board may grant all or part of the money to a nonprofit organization created for religious, charitable or educational purposes to be expended for the selected purpose.

    2.  A board of county commissioners or its authorized representative may donate:

    (a) Commodities, supplies, materials and equipment that the board determines to have reached the end of their useful lives; and

    (b) Stolen or embezzled property for which the county treasurer has obtained an order authorizing him to donate the property pursuant to subsection 6 of NRS 179.165,

to a nonprofit organization created for religious, charitable or educational purposes [.] or to another governmental entity, to be used for any purpose which will provide a substantial benefit to the inhabitants of the county.

    3.  A grant or donation to a nonprofit organization created for religious, charitable or educational purposes and a donation to a governmental entity pursuant to this section must be made by resolution. The resolution must specify:

    (a) The purpose of the grant or donation;

    (b) If applicable, the maximum amount to be expended from the grant; and

    (c) Any conditions or other limitations upon the expenditure of the grant or the use of the donated property.

    4.  As used in this section:

    (a) “Authorized representative” has the meaning ascribed to it in NRS 332.025.

    (b) “Nonprofit organization created for religious, charitable or educational purposes” means an organization that meets the requirements set forth in NRS 372.3261.

    Sec. 2.  NRS 244.287 is hereby amended to read as follows:

    244.287  1.  A nonprofit organization may submit to a board of county commissioners an application for conveyance of property that is owned by the county if the property was:

    (a) Received by donation for the use and benefit of the county pursuant to NRS 244.270.


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1999 Statutes of Nevada, Page 3536 (Chapter 633, AB 318)

 

    (b) Purchased by the county pursuant to NRS 244.275.

    2.  [If a county that receives an application for conveyance pursuant to subsection 1 has a planning commission, the board of county commissioners shall refer the application to the planning commission. The planning commission shall consider the application and submit its recommendation to the board.

    3.]  Before the board of county commissioners makes a determination on such an application for conveyance, it shall hold at least one public hearing on the application. Notice of the time, place and specific purpose of the hearing must be:

    (a) Published at least once in a newspaper of general circulation in the county.

    (b) Mailed to all owners of record of real property which is located not more than 300 feet from the property that is proposed for conveyance.

    (c) Posted in a conspicuous place on the property that is proposed for conveyance.

The hearing must be held not fewer than 10 days but not more than 40 days after the notice is published, mailed and posted in accordance with this subsection.

    [4.] 3.  The board of county commissioners may approve such an application for conveyance if the nonprofit organization demonstrates to the satisfaction of the board that the organization or its assignee will use the property to develop affordable housing for families whose income at the time of application for such housing does not exceed 80 percent of the median gross income for families residing in the same county, as that percentage is defined by the United States Department of Housing and Urban Development. If the board of county commissioners receives more than one application for conveyance of the property, the board must give priority to an application [for conveyance] of a nonprofit organization that demonstrates to the satisfaction of the board that the organization or its assignee will use the property to develop affordable housing for persons who are disabled or elderly.

    [5.] 4.  If the board of county commissioners approves an application for conveyance, it may convey the property to the nonprofit organization without consideration. Such a conveyance must not be in contravention of any condition in a gift or devise of the property to the county.

    [6.] 5.  As a condition to the conveyance of the property pursuant to subsection [5,] 4, the board of county commissioners shall enter into an agreement with the nonprofit [corporation that will ensure the affordability of any housing constructed on] organization that requires the nonprofit organization or its assignee to use the property [.] to provide affordable housing for at least 50 years. If the nonprofit organization or its assignee fails to use the property to provide affordable housing pursuant to the agreement, the board of county commissioners may take reasonable action to return the property to use as affordable housing, including, without limitation:

    (a) Repossessing the property from the nonprofit organization or its assignee.


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1999 Statutes of Nevada, Page 3537 (Chapter 633, AB 318)

 

    (b) Transferring ownership of the property from the nonprofit organization or its assignee to another person or governmental entity that will use the property to provide affordable housing.

    6.  The agreement required by subsection 5 must [provide that the property automatically reverts to the county if, at any time after the date of conveyance pursuant to subsection 5,] be recorded in the office of the county recorder of the county in which the property is located and must specify:

    (a) The number of years for which the nonprofit organization or its assignee must use the property to provide affordable housing; and

    (b) The action that the board of county commissioners will take if the nonprofit [corporation] organization or its assignee fails to use the property to provide affordable housing [on the property.] pursuant to the agreement.

    7.  A board of county commissioners that has conveyed property pursuant to subsection [5] 4 shall:

    (a) Prepare annually a list which includes a description of all property that was conveyed to a nonprofit organization pursuant to this section; and

    (b) Include the list in the annual audit of the county which is conducted pursuant to NRS 354.624.

    8.  If, 5 years after the date of a conveyance pursuant to subsection [5,] 4, a nonprofit organization or its assignee has not commenced construction of affordable housing, or entered into such contracts as are necessary to commence the construction of affordable housing, the property that was conveyed automatically reverts to the county.

    9.  A board of county commissioners may subordinate the interest of the county in property conveyed pursuant to subsection 4 to a first or subsequent holder of a mortgage on that property to the extent the board deems necessary to promote investment in the construction of affordable housing.

    10.  As used in this section, unless the context otherwise requires, “nonprofit organization” means an organization that is recognized as exempt pursuant to 26 U.S.C. ง 501(c)(3).

    Sec. 3.  NRS 268.058 is hereby amended to read as follows:

    268.058  1.  A nonprofit organization may submit to the governing body of a city an application for conveyance of property that is owned by the city if the property was purchased or received by the city pursuant to NRS 268.008.

    2.  [If a city that receives an application for conveyance pursuant to subsection 1 has a planning commission, the governing body shall refer the application to the planning commission. The planning commission shall consider the application and submit its recommendation to the governing body.

    3.]  Before the governing body makes a determination on such an application for conveyance, it shall hold at least one public hearing on the application. Notice of the time, place and specific purpose of the hearing must be:

    (a) Published at least once in a newspaper of general circulation in the city.

    (b) Mailed to all owners of record of real property which is located not more than 300 feet from the property that is proposed for conveyance.


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1999 Statutes of Nevada, Page 3538 (Chapter 633, AB 318)

 

    (c) Posted in a conspicuous place on the property that is proposed for conveyance.

The hearing must be held not fewer than 10 days but not more than 40 days after the notice is published, mailed and posted in accordance with this subsection.

    [4.] 3.  The governing body may approve such an application for conveyance if the nonprofit organization demonstrates to the satisfaction of the governing body that the organization or its assignee will use the property to develop affordable housing for families whose income at the time of application for such housing does not exceed 80 percent of the median gross income for families residing in the same city, as that percentage is defined by the United States Department of Housing and Urban Development. If the governing body receives more than one application for conveyance of the property, the governing body must give priority to an application [for conveyance] of a nonprofit organization that demonstrates to the satisfaction of the governing body that the organization or its assignee will use the property to develop affordable housing for persons who are disabled or elderly.

    [5.] 4.  If the governing body approves an application for conveyance, it may convey the property to the nonprofit organization without consideration. Such a conveyance must not be in contravention of any condition in a gift or devise of the property to the city.

    [6.] 5.  As a condition to the conveyance of the property pursuant to subsection [5,] 4, the governing body shall enter into an agreement with the nonprofit [corporation that will ensure the affordability of any housing constructed on] organization that requires the nonprofit organization or its assignee to use the property [.] to provide affordable housing for at least 50 years. If the nonprofit organization or its assignee fails to use the property to provide affordable housing pursuant to the agreement, the governing body may take reasonable action to return the property to use as affordable housing, including, without limitation:

    (a) Repossessing the property from the nonprofit organization or its assignee.

    (b) Transferring ownership of the property from the nonprofit organization or its assignee to another person or governmental entity that will use the property to provide affordable housing.

    6.  The agreement required by subsection 5 must [provide that the property automatically reverts to the city if, at any time after the date of conveyance pursuant to subsection 5,] be recorded in the office of the county recorder of the county in which the property is located and must specify:

    (a) The number of years for which the nonprofit organization or its assignee must use the property to provide affordable housing; and

    (b) The action that the governing body will take if the nonprofit [corporation] organization or its assignee fails to use the property to provide affordable housing [on the property.] pursuant to the agreement.

    7.  A governing body that has conveyed property pursuant to subsection [5] 4 shall:


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1999 Statutes of Nevada, Page 3539 (Chapter 633, AB 318)

 

    (a) Prepare annually a list which includes a description of all property conveyed to a nonprofit organization pursuant to this section; and

    (b) Include the list in the annual audit of the city which is conducted pursuant to NRS 354.624.

    8.  If, 5 years after the date of a conveyance pursuant to subsection [5,] 4, a nonprofit organization or its assignee has not commenced construction of affordable housing, or entered into such contracts as are necessary to commence the construction of affordable housing, the property that was conveyed automatically reverts to the city.

    9.  A governing body may subordinate the interest of the city in property conveyed pursuant to subsection 4 to a first or subsequent holder of a mortgage on that property to the extent the governing body deems necessary to promote investment in the construction of affordable housing.

    10.  As used in this section, unless the context otherwise requires, “nonprofit organization” means an organization that is recognized as exempt pursuant to 26 U.S.C. ง 501(c)(3).

    Sec. 4.  Section 5 of Senate Bill No. 139 of this session is hereby amended to read as follows:

   Sec. 5.  Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:

   1.  The governing body of a city may expend money for any purpose that will provide a substantial benefit to the inhabitants of the city. The governing body may grant all or part of the money to a nonprofit organization created for religious, charitable or educational purposes to be expended for a selected purpose.

   2.  The governing body of a city or its authorized representative may donate commodities, supplies, materials and equipment that the governing body determines have reached the end of their useful lives to a nonprofit organization created for religious, charitable or educational purposes [.] or to another governmental entity, to be used for any purpose which will provide a substantial benefit to the inhabitants of the city.

   3.  A grant or donation to a nonprofit organization created for religious, charitable or educational purposes and a donation to a governmental entity pursuant to this section must be made by resolution. The resolution must specify:

   (a) The purpose of the grant or donation;

   (b) If applicable, the maximum amount to be expended from the grant; and

   (c) Any conditions or other limitations on the expenditure of the grant or the use of the donated property.

   4.  As used in this section:

   (a) “Authorized representative” has the meaning ascribed to it in NRS 332.025.

   (b) “Nonprofit organization created for religious, charitable or educational purposes” means an organization that meets the requirements set forth in NRS 372.3261.

    Sec. 5.  This act becomes effective upon passage and approval.

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1999 Statutes of Nevada, Page 3540

 

CHAPTER 634, AB 320

Assembly Bill No. 320–Committee on Ways and Means

 

CHAPTER 634

 

AN ACT making an appropriation to the account for local cultural activities; and providing other matters properly relating thereto.

 

[Approved June 11, 1999]

 

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

 

    Section 1.  There is hereby appropriated from the state general fund to the account for local cultural activities created by NRS 233C.100 the sum of $150,000.

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.

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

________

 

CHAPTER 635, AB 330

Assembly Bill No. 330–Assemblymen Evans, Anderson, Freeman, Leslie, Humke, Gibbons, Brower and Gustavson

 

Joint Sponsors: Senators Mathews, Townsend and Raggio

 

CHAPTER 635

 

AN ACT making an appropriation to the Interim Finance Committee to provide a portion of the funding necessary for the construction of a new juvenile detention facility and juvenile addiction center in Washoe County; and providing other matters properly relating thereto.

 

[Approved June 11, 1999]

 

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

 

    Section 1.  1.  There is hereby appropriated from the state general fund to the Interim Finance Committee for distribution to Washoe County the sum of $3,000,000 to provide a portion of the funding necessary for the construction of a new juvenile detention facility and juvenile addiction center in Washoe County.

    2.  Upon the request of Washoe County, the money appropriated pursuant to subsection 1 may be distributed by the Interim Finance Committee for the payment of expenses incurred by Washoe County in the construction of a new juvenile detention facility and juvenile addiction center in Washoe County.

    3.  A request to the Interim Finance Committee for a distribution of money pursuant to subsection 2 must include:

    (a) A statement setting forth the amount of money requested.


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1999 Statutes of Nevada, Page 3541 (Chapter 635, AB 330)

 

    (b) A determination of the amount of resources that will be necessary for the completion of a new juvenile detention facility and juvenile addiction center in Washoe County.

    4.  Upon the receipt of a request for a distribution of money, the Interim Finance Committee shall consider the request and may require any additional information that it determines is necessary to make a final decision. Before money may be distributed to Washoe County pursuant to this section, the Interim Finance Committee must make a determination that, with the assistance of the money so distributed, the county is able to meet its financial obligations for the construction of the new juvenile detention facility and juvenile addiction center. Upon approval of a request for a distribution, the Interim Finance Committee shall distribute to Washoe County an amount equal to the actual cost for work performed not to exceed the amount appropriated pursuant to subsection 1 after it receives a report from Washoe County of the work performed and the actual cost for that work.

    5.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2004, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 2.  This act becomes effective on July 1, 2000.

________

 

CHAPTER 636, AB 408

Assembly Bill No. 408–Committee on Government Affairs

 

CHAPTER 636

 

AN ACT relating to water; establishing the circumstances under which certain temporary permits for the appropriation of ground water may be revoked; restricting the authority of the state engineer to limit the depth of or prohibit the repair of certain wells; requiring the state engineer to file certain notices with the county recorder; revising the method for calculating the fee charged to a user of water for the beautification of the City of North Las Vegas; requiring the legislative committee on public lands to conduct a study of water wells; and providing other matters properly relating thereto.

 

[Approved June 11, 1999]

 

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

 

    Section 1.  Chapter 534 of NRS is hereby amended by adding thereto a new section to read as follows:

    If the state engineer issues a temporary permit pursuant to NRS 534.120 or if a well for domestic use is drilled in an area in which he has issued such a temporary permit, he shall file a notice with the county recorder of the county in which the permit is issued or the well is drilled. The notice must include a statement indicating that, if and when water can be furnished by an entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the designated area:

    1.  A temporary permit may be revoked;

    2.  The owner of a domestic well may be prohibited from deepening or repairing the well; and


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1999 Statutes of Nevada, Page 3542 (Chapter 636, AB 408)

 

    3.  The owner of the property served by the well may be required to connect to this water source at his own expense.

    Sec. 2.  NRS 534.120 is hereby amended to read as follows:

    534.120  1.  Within an area that has been designated by the state engineer, as provided for in this chapter where, in his judgment, the ground water basin is being depleted, the state engineer in his administrative capacity is herewith empowered to make such rules, regulations and orders as are deemed essential for the welfare of the area involved.

    2.  In the interest of public welfare, the state engineer is authorized and directed to designate preferred uses of water within the respective areas so designated by him and from which the ground water is being depleted, and in acting on applications to appropriate ground water he may designate such preferred uses in different categories with respect to the particular areas involved within the following limits: Domestic, municipal, quasi‑municipal, industrial, irrigation, mining and stock‑watering uses and any uses for which a county, city, town, public water district or public water company furnishes the water.

    3.  [The] Except as otherwise provided in subsection 5, the state engineer may:

    (a) Issue temporary permits to appropriate ground water which can be limited as to time and which may , except as limited by subsection 4, be revoked if and when water can be furnished by an entity such as a water district or a municipality presently engaged in furnishing water to the inhabitants thereof.

    (b) Deny applications to appropriate ground water for any [purpose] use in areas served by such an entity.

    (c) Limit the depth of domestic wells.

    (d) Prohibit the drilling of wells for domestic use, as defined in NRS 534.013 and 534.0175 , [and 534.180,] in areas where water can be furnished by an entity such as a water district or a municipality presently engaged in furnishing water to the inhabitants thereof.

    4.  The state engineer may revoke a temporary permit issued pursuant to subsection 3 for residential use, and require a person to whom ground water was appropriated pursuant to the permit to obtain water from an entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the designated area, only if:

    (a) The distance from the property line of any parcel served by a well pursuant to a temporary permit to the pipes and other appurtenances of the proposed source of water to which the property will be connected is not more than 180 feet;

    (b) The well providing water pursuant to the temporary permit needs to be redrilled or have repairs made which require the use of a well-drilling rig; and

    (c) The holder of the permit will be offered financial assistance to pay not more than 85 percent, as determined by the entity providing the financial assistance, of the cost of the local and regional connection fees and capital improvements necessary for making the connection to the proposed source of water.In a basin that has a water authority that has a ground water management program, the state engineer shall not revoke the temporary permit unless the water authority abandons and plugs the well and pays the costs related thereto.


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1999 Statutes of Nevada, Page 3543 (Chapter 636, AB 408)

 

In a basin that has a water authority that has a ground water management program, the state engineer shall not revoke the temporary permit unless the water authority abandons and plugs the well and pays the costs related thereto. If there is not a water authority in the basin that has a ground water management program, the person shall abandon and plug his well in accordance with the rules of the state engineer.

    5.  The state engineer may, in an area in which he has issued temporary permits pursuant to subsection 3, limit the depth of a domestic well pursuant to paragraph (c) of subsection 3 or prohibit repairs from being made to a well, and may require the person proposing to deepen or repair the well to obtain water from an entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the designated area, only if:

    (a) The distance from the property line of any parcel served by the well to the pipes and other appurtenances of the proposed source of water to which the property will be connected is not more than 180 feet;

    (b) The deepening or repair of the well would require the use of a well-drilling rig; and

    (c) The person proposing to deepen or repair the well will be offered financial assistance to pay not more than 85 percent, as determined by the entity providing the financial assistance, of the cost of the local and regional connection fees and capital improvements necessary for making the connection to the proposed source of water.

In a basin that has a water authority that has a ground water management program, the state engineer shall not prohibit the deepening or repair of a well unless the water authority abandons and plugs the well and pays the costs related thereto. If there is not a water authority in the basin that has a ground water management program, the person shall abandon and plug his well in accordance with the rules of the state engineer.

    6.  For good and sufficient reasons the state engineer may exempt the provisions of this section with respect to public housing authorities.

    Sec. 3.  Section 2.280 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as last amended by chapter 565, Statutes of Nevada 1997, at page 2758, is hereby amended to read as follows:

     Sec. 2.280  Powers of city council: Provision of utilities.

     1.  Except as otherwise provided in subsection 3 and section 2.285, the city council may:

     (a) Provide, by contract, franchise and public enterprise, for any utility to be furnished to the city for residents located [either] within or without the city.

     (b) Provide for the construction and maintenance of any facilities necessary for the provision of all such utilities.

     (c) Prescribe, revise and collect rates, fees, tolls and charges for the services, facilities or commodities furnished by any municipally operated or municipally owned utility or undertaking. Notwithstanding any provision of this charter to the contrary or in conflict herewith, no rates, fees, tolls or charges for the services, facilities or commodities furnished by any municipally operated or municipally owned utility or undertaking may be prescribed, revised, amended or altered, increased or decreased, without this procedure first being followed:


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1999 Statutes of Nevada, Page 3544 (Chapter 636, AB 408)

 

municipally owned utility or undertaking may be prescribed, revised, amended or altered, increased or decreased, without this procedure first being followed:

         (1) There must be filed with the city clerk schedules of rates, fees, tolls or charges which must be open to public inspection, showing all rates, fees, tolls or charges which the city has established and which are in force at the time for any service performed or product furnished in connection therewith by any utility controlled and operated by the city.

         (2) No changes may be made in any schedule so filed with the city clerk except upon 30 days’ notice to the inhabitants of the city and a public hearing held thereon. Notice of the proposed change or changes must be given by at least two publications in a newspaper published in the city during the 30‑day period before the hearing thereon.

         (3) At the time set for the hearing on the proposed change, any person may appear and be heard and offer any evidence in support of or against the proposed change.

         (4) Every utility operated by the city shall furnish reasonably adequate service and facilities, and the charges made for any service rendered or to be rendered, or for any service in connection therewith or incidental thereto, must be just and reasonable.

     (d) Provide, by ordinance, for an additional charge to each business customer and for each housing unit within the city to which water is provided by a utility of up to 25 cents per month. If such a charge is provided for, the city council shall, by ordinance, provide for the expenditure of that money for any purpose relating to the beautification of the city.

     2.  Any charges due for services, facilities or commodities furnished by the city or by any utility operated by the city pursuant to this section is a lien upon the property to which the service is rendered and must be perfected by filing with the county recorder of Clark County of a statement by the city clerk stating the amount due and unpaid and describing the property subject to the lien. Each such lien must:

     (a) Be coequal with the latest lien thereon to secure the payment of general taxes.

     (b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

     (c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

     3.  The city council:

     (a) Shall not sell telecommunications service to the general public.

     (b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:

         (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and


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         (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

     4.  Any information relating to the study conducted pursuant to subsection 3 must be maintained by the city clerk and made available for public inspection during the business hours of the office of the city clerk.

     5.  Notwithstanding the provisions of paragraph (a) of subsection 3, an airport may sell telecommunications service to the general public.

     6.  As used in this section:

     (a) “Housing unit” means a:

         (1) Single-family dwelling;

         (2) Townhouse, condominium or cooperative apartment;

         (3) Unit in a multiple-family dwelling or apartment complex; or

         (4) Mobile home.

     (b) “Telecommunications” has the meaning ascribed to it in 47 U.S.C. ง 153(43), as that section existed on July 16, 1997.

   [(b)] (c) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. ง 153(46), as that section existed on July 16, 1997.

    Sec. 4.  The legislative committee on public lands shall conduct a study of issues related to residential, municipal and quasi-municipal water wells in the State of Nevada and report its findings and recommendations to the 71st session of the Nevada legislature. The legislative commission shall appoint two additional senators and two additional assemblymen to the legislative committee on public lands for the purposes of this study. The chairman of the legislative committee on public lands shall appoint a technical advisory committee to assist in conducting the study with representation from urban and rural areas, well owners, suppliers of municipal water, holders of water rights, and ratepayers.

    Sec. 5.  1.  This section and sections 2 and 4 of this act become effective on July 1, 1999.

    2.  Sections 1 and 3 of this act become effective on October 1, 1999.

    3.  Section 2 of this act expires by limitation on July 1, 2005.

________

 


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1999 Statutes of Nevada, Page 3546

 

CHAPTER 637, AB 615

Assembly Bill No. 615–Committee on Elections, Procedures, and Ethics

 

CHAPTER 637

 

AN ACT relating to elections; revising provisions governing the recall of public officers; revising various provisions governing the circulation of petitions and verification of signatures on petitions; changing the date of the primary city election for certain cities; revising various deadlines and procedures relating to the filing of petitions, challenges, withdrawals of candidacy, lists of candidates and reports of campaign contributions and expenditures; prohibiting the solicitation of certain contributions; revising certain provisions governing the testing of mechanical voting systems; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 11, 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 a new section to read as follows:

    A person may sign a petition required under the election laws of this state on or after the date he is deemed to be registered to vote pursuant to subsection 5 of NRS 293.517 or subsection 5 of NRS 293.5235.

    Sec. 2.  NRS 293.12793 is hereby amended to read as follows:

    293.12793  1.  If the secretary of state determines that the total number of signatures that the county clerks have certified pursuant to NRS 293.1277 or 293.1279 is less than 100 percent of the number of registered voters needed to make the petition sufficient, the person who submitted the petition may contest the verification of the [votes] signatures by filing an appeal with the secretary of state. The appeal must:

    (a) Be filed within 5 working days after receipt of notification of the determination of the secretary of state;

    (b) Include each reason for the appeal; and

    (c) Include a statement of the number of signatures, if any, that the county clerk determined were invalid.

    2.  The secretary of state shall [consider] :

    (a) If the petition was circulated pursuant to chapter 306 of NRS, immediately notify the public officer who is the subject of the petition of the appeal by the person who submitted the petition; and

    (b) Consider the allegations and conduct an investigation , if necessary.

    Sec. 3.  NRS 293.128 is hereby amended to read as follows:

    293.128  1.  To qualify as a major political party any organization must, under a common name:

    (a) On January 1 preceding any primary election, have been designated as a political party on the applications to register to vote of at least 10 percent of the total number of registered voters in [the] this state; or

    (b) File a petition with the secretary of state not later than the last Friday in April before any primary election signed by a number of registered voters equal to or more than 10 percent of the total number of votes cast at the last preceding general election for the offices of Representative in Congress.


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    2.  If a petition is filed pursuant to paragraph (b) of subsection 1, the names of the voters need not all be on one document, but each document of the petition must be verified by at least one of its signers to the effect that the signers are registered voters of [the] this state according to his best information and belief and that the signatures are genuine and were signed in his presence. Each document of the petition must bear the name of a county and only registered voters of that county may sign the document. The documents which are circulated for signature must then be submitted for verification pursuant to NRS 293.1276 to 293.1279, inclusive, not later than [65] 25 working days before the last Friday in April preceding a primary election.

    3.  In addition to the requirements set forth in subsection 1, each organization which wishes to qualify as a political party must file with the secretary of state a certificate of existence which includes the:

    (a) Name of the political party;

    (b) Names and addresses of its officers;

    (c) Names of the members of its executive committee; and

    (d) Name of the person who is authorized by the party to act as resident agent in this state.

    4.  A political party shall file with the secretary of state an amended certificate of existence within 5 days after any change in the information contained in the certificate.

    Sec. 4.  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 a partisan 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 before the first Tuesday in September must be filled by filing a nominating petition that is signed by at least 1 percent of the 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 Tuesday in September. A candidate nominated pursuant to the provisions of this subsection 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 and before the second Tuesday in September must be filled by the person who received 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 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.


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1999 Statutes of Nevada, Page 3548 (Chapter 637, AB 615)

 

    Sec. 5.  NRS 293.171 is hereby amended to read as follows:

    293.171  1.  To qualify as a minor political party an organization must file with the secretary of state a certificate of existence which includes the:

    (a) Name of the political party;

    (b) Names of its officers;

    (c) Names of the members of its executive committee; and

    (d) Name of the person authorized to file the list of its candidates for partisan office with the secretary of state.

    2.  A copy of the constitution or bylaws of the party must be affixed to the certificate.

    3.  A minor political party shall file with the secretary of state an amended certificate of existence within 5 days after any change in the information contained in the certificate.

    4.  The constitution or bylaws of a minor political party must provide a procedure for the nomination of its candidates in such a manner that only one candidate may be nominated for each office.

    5.  A minor political party whose candidates for partisan office do not appear on the ballot for the general election must file a notice of continued existence with the secretary of state not later than the second Friday in August preceding the general election.

    6.  A minor political party which fails to file a notice of continued existence as required by subsection 5 ceases to exist as a minor political party in this state.

    Sec. 6.  NRS 293.1715 is hereby amended to read as follows:

    293.1715  1.  The names of the candidates for partisan office of a minor political party must not appear on the ballot for a primary election.

    2.  The names of the candidates for partisan office of a minor political party must be placed on the ballot for the general election if the party has filed a certificate of existence and a list of its candidates for partisan office pursuant to the provisions of NRS 293.1725 with the secretary of state and:

    (a) At the last preceding general election, the minor political party polled for any of its candidates for partisan office a number of votes equal to or more than 1 percent of the total number of votes cast for the offices of Representative in Congress;

    (b) On January 1 preceding a primary election, the minor political party has been designated as the political party on the applications to register to vote of at least 1 percent of the total number of registered voters in [the] this state; or

    (c) Not later than the second Friday in August preceding the general election, files a petition with the secretary of state which is signed by a number of registered voters equal to at least 1 percent of the total number of votes cast at the last preceding general election for the offices of Representative in Congress.

    3.  The name of a candidate for partisan office for a minor political party other than a candidate for the office of President or Vice President of the United States must be placed on the ballot for the general election if the party has filed:

    (a) A certificate of existence;


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1999 Statutes of Nevada, Page 3549 (Chapter 637, AB 615)

 

    (b) A list of candidates for partisan office containing the name of the candidate pursuant to the provisions of NRS 293.1725 with the secretary of state; and

    (c) Not earlier than the first Monday in May preceding the general election and not later than 5 p.m. on the third Monday in May, a petition on behalf of the candidate with the secretary of state containing not less than:

         (1) Two hundred fifty signatures of registered voters if the candidate is to be nominated for a statewide office; or

         (2) One hundred signatures of registered voters if the candidate is to be nominated for any office except a statewide office.

A minor political party that places names of one or more candidates for partisan office on the ballot pursuant to this subsection may also place the names of one or more candidates for partisan office on the ballot pursuant to subsection 2.

    4.  The name of only one candidate of each minor political party for each partisan office may appear on the ballot for a general election.

    5.  A minor political party must file a copy of the petition required by paragraph (c) of subsection 2 or paragraph (c) of subsection 3 with the secretary of state before the petition may be circulated for signatures.

    Sec. 7.  NRS 293.172 is hereby amended to read as follows:

    293.172  1.  A petition filed pursuant to subsection 2 or 3 of NRS 293.1715 may consist of more than one document. Each document of the petition must:

    (a) Bear the name of the minor political party and, if applicable, the candidate and office to which the candidate is to be nominated.

    (b) Include the affidavit of the person who circulated the document verifying that the signers are registered voters in [the] this state according to his best information and belief and that the signatures are genuine and were signed in his presence.

    (c) Bear the name of a county and be [verified by] submitted to the county clerk of that county for verification in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than 25 working days before the last day to file the petition . [is filed with the secretary of state pursuant to subsection 2 or 3 of NRS 293.1715.] A challenge to the form of a document must be made in a district court in the county that is named on the document.

    (d) Be signed only by registered voters of the county that is named on the document.

    2.  If the office to which the candidate is to be nominated is a county office, only the registered voters of that county may sign the petition. If the office to which the candidate is to be nominated is a district office, only the registered voters of that district may sign the petition.

    3.  Each person who signs a petition shall also provide the address of the place where he resides, the date that he signs and the name of the county in which he is registered to vote.

    4.  The county clerk shall not disqualify the signature of a voter who failed to provide all [of] the information required by subsection 3 if the voter is registered in the county that is named on the document.


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1999 Statutes of Nevada, Page 3550 (Chapter 637, AB 615)

 

    Sec. 8.  NRS 293.1725 is hereby amended to read as follows:

    293.1725  1.  Except as otherwise provided in subsection 4, a minor political party that wishes to place its candidates for partisan office on the ballot for a general election and:

    (a) Is entitled to do so pursuant to paragraph (a) or (b) of subsection 2 of NRS 293.1715;

    (b) Files a petition pursuant to paragraph (c) of subsection 2 of NRS 293.1715; or

    (c) Whose candidates are entitled to appear on the ballot pursuant to subsection 3 of NRS 293.1715,

must file with the secretary of state a list of its candidates for partisan office not earlier than the first Monday in May preceding the election nor later than 5 p.m. on the third Monday in May. The list must be signed by the person so authorized in the certificate of existence of the minor political party before a notary public or other person authorized to take acknowledgments. The secretary of state shall strike from the list each candidate who is not entitled to appear on the ballot pursuant to subsection 3 of NRS 293.1715 if the minor political party is not entitled to place candidates on the ballot pursuant to subsection 2 of NRS 293.1715. The list must not be amended after it is filed.

    2.  The secretary of state shall immediately forward a certified copy of the list of candidates for partisan office of each minor political party to the filing officer with whom each candidate must file his declaration of candidacy.

    3.  Each candidate on the list must file his declaration of candidacy with the [proper] appropriate filing officer and pay the fee required by NRS 293.193 not earlier than the date on which the list of candidates for partisan office of his minor political party is filed with the secretary of state nor later than 5 p.m. on the third Monday in May.

    4.  A minor political party that wishes to place candidates for the offices of President and Vice President of the United States on the ballot and has qualified to place the names of its candidates for partisan office on the ballot for the general election pursuant to subsection 2 of NRS 293.1715 must file with the secretary of state a certificate of nomination for these offices not later than the first Tuesday in September.

    Sec. 9.  NRS 293.175 is hereby amended to read as follows:

    293.175  1.  The primary election must be held on the first Tuesday of September in each even-numbered year.

    2.  Candidates for partisan office of a major political party and candidates for nonpartisan [offices] office must be nominated at the primary election.

    3.  Candidates for partisan office of a minor political party must be nominated in the manner prescribed pursuant to NRS 293.171 to 293.174, inclusive.

    4.  Independent candidates for partisan office must be nominated in the manner provided in NRS 293.200.

    5.  The provisions of NRS 293.175 to 293.203, inclusive, do not apply to:

    (a) Special elections to fill vacancies.

    (b) The nomination of the officers of incorporated cities.


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1999 Statutes of Nevada, Page 3551 (Chapter 637, AB 615)

 

    (c) The nomination of district officers whose nomination is otherwise provided for by statute.

    Sec. 10.  NRS 293.176 is hereby amended to read as follows:

    293.176  1.  Except as otherwise provided in subsection 2, no person may be a candidate for partisan office in any election if he has changed:

    (a) The designation of his political party affiliation; or

    (b) His designation of political party from nonpartisan to a designation of a political party affiliation,

on an application to register to vote in the State of Nevada or in any other state [since the] during the time beginning on September 1 [next] preceding the closing filing date for [the] that election and ending on the date of that election [,] whether or not his previous registration was still effective at the time of the change in party designation.

    2.  The provisions of subsection 1 do not apply to any person who is a candidate of a political party that was not qualified pursuant to NRS 293.171 on the September 1 next preceding the closing filing date for the election.

    Sec. 11.  NRS 293.187 is hereby amended to read as follows:

    293.187  1.  [On or before the third Tuesday in June, the] The secretary of state shall forward to each county clerk a certified list containing the name and mailing address of each person for whom candidacy papers have been filed in the office of the secretary of state, and who is entitled to be voted for in the county at the next succeeding primary election, together with the title of the office for which the person is a candidate and the party or principles he represents. The secretary of state shall forward the certified list not later than 5 working days after the last day upon which any candidate on the list may withdraw his candidacy pursuant to NRS 293.202.

    2.  There must be a party designation only for candidates for partisan offices.

    Sec. 12.  NRS 293.197 is hereby amended to read as follows:

    293.197  1.  In any judicial district that has more than one district judge, each department is a separate office for the purposes of nominating and electing the district judge of that department.

    2.  In any judicial district that includes a county whose population is 100,000 or more:

    (a) The departments of the family division of the district court must be denoted as such on all ballots and sample ballots, using the words “district court judge, family division, department . . . .” Each such department must be separately designated . [with a letter, beginning with “A” and continuing in sequence for each department.]

    (b) The remaining departments of the district court must be denoted as such on all ballots and sample ballots, using the words “district court judge, department . . . .” Each such department must be designated with a numeral, beginning with “1” and continuing in sequence for each department.

    Sec. 13.  NRS 293.200 is hereby amended to read as follows:

    293.200  1.  An independent candidate for partisan office must file with the [proper] appropriate filing officer:

    (a) A copy of the petition of candidacy that he intends to circulate for signatures. The copy must be filed not earlier than the January 2 preceding the date of the election and not later than 25 working days before the last day to file the petition pursuant to subsection 4.


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1999 Statutes of Nevada, Page 3552 (Chapter 637, AB 615)

 

day to file the petition pursuant to subsection 4. The copy must also be filed before the petition may be circulated.

    (b) Either of the following:

         (1) 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] this state or in the county or district electing that officer at the last preceding general election in which a person was elected to that office.

         (2) A petition of candidacy signed by 250 registered voters if the candidate is a candidate for statewide office, or signed by 100 registered voters if the candidate is a candidate for any office other than a statewide 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] not a statewide office, only the registered voters of [that] the county, district or municipality in question may sign the document. The documents that are circulated for signature in a county must be [verified by] submitted to that county clerk for verification in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than 25 working days before the last day to file the petition [is filed] pursuant to subsection 4. Each [signer] person who signs the petition 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 Monday in May.

    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 Monday in May. Any judicial proceeding resulting from the challenge must be set for hearing not more than 5 days after the fourth Monday in May.

    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.


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1999 Statutes of Nevada, Page 3553 (Chapter 637, AB 615)

 

    10.  An independent candidate for partisan office must file a declaration of candidacy with the [proper] appropriate 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. on the third Monday in May.

    Sec. 14.  NRS 293.202 is hereby amended to read as follows:

    293.202  A withdrawal of candidacy for office must be in writing and must be presented by the candidate in person, within 7 days , excluding Saturdays, Sundays and holidays, after the last day for filing, to the officer whose duty it is to receive filings for candidacy for that office.

    Sec. 15.  NRS 293.3606 is hereby amended to read as follows:

    293.3606  1.  After 8 a.m. on election day, the appropriate board shall count in public the returns for early voting.

    2.  The returns for early voting must not be reported until after the polls have closed on election day.

    3.  The returns for early voting [may] must be reported separately from the regular votes of the precinct, unless reporting the returns separately would violate the secrecy of the voter’s ballot.

    4.  The county clerk shall develop a procedure to ensure that each ballot is kept secret.

    5.  Any person who disseminates to the public information relating to the count of returns for early voting before the polls close is guilty of a gross misdemeanor.

    Sec. 16.  NRS 293.387 is hereby amended to read as follows:

    293.387  1.  As soon as the returns from all the precincts and districts in any county have been received by the board of county commissioners, the board shall meet and canvass the returns. The canvass must be completed on or before the fifth working day following the election.

    2.  In making its canvass, the board shall:

    (a) Note separately any clerical errors discovered; and

    (b) Take account of the changes resulting from the discovery, so that the result declared represents the true vote cast.

    3.  The county clerk shall, as soon as the result is declared, enter upon the records of the board an abstract of the result, which must contain the number of votes cast for each candidate. The board, after making the abstract, shall cause the county clerk to certify the abstract and, by an order made and entered in the minutes of its proceedings, to make:

    (a) A copy of the certified abstract; and

    (b) A mechanized report of the abstract in compliance with regulations adopted by the secretary of state,

and transmit them to the secretary of state [within 5] not more than 6 working days after [the day after] the election.

    4.  The secretary of state shall, immediately after any primary election, compile the returns for all candidates voted for in more than one county. He shall make out and file in his office an abstract thereof, and shall certify to the county clerk of each county the name of each person nominated, and the name of the office for which he is nominated.


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1999 Statutes of Nevada, Page 3554 (Chapter 637, AB 615)

 

    Sec. 17.  NRS 293.820 is hereby amended to read as follows:

    293.820  1.  It is unlawful for any person to solicit [any money] a contribution for any organization the title of which incorporates the name, or any form of the name, of any political party in this state without first having obtained written approval therefor, or a charter for that organization, from the central or executive committee of that political party the name of which is being used or incorporated in the title of that organization for the county in which the money is being solicited.

    2.  This section does not require any person or organization to obtain a charter or written approval if that person or organization is:

    (a) Publicly organized for the sole and limited purpose of supporting the candidacy of a particular candidate in a single election.

    (b) Chartered by a national political party or organization.

    (c) Chartered by a state central committee in Nevada.

    3.  Any person who violates any provision of this section is guilty of a gross misdemeanor.

    4.  As used in this section, “contribution” has the meaning ascribed to it in NRS 294A.007.

    Sec. 18.  NRS 293B.150 is hereby amended to read as follows:

    293B.150  Not earlier than 2 weeks before and not later than 5 p.m. on the day before the first day of early voting, the county or city clerk [of a county or city that uses a] shall test:

    1.  The mechanical recording device which directly records votes electronically [shall test the] , if any; or

    2.  The automatic tabulating equipment and programs , if any,

to ascertain that the device or equipment and programs will correctly count the votes cast for all offices and on all measures.

    Sec. 19.  NRS 293B.155 is hereby amended to read as follows:

    293B.155  1.  The tests prescribed by NRS 293B.150 and 293B.165 must be conducted by processing a preaudited group of logic and accuracy test ballots so punched, voted or marked as to record a predetermined number of valid votes for each candidate and on each measure, and must include for each office one or more ballots which have votes in excess of the number allowed by law in order to test the ability of the mechanical recording device or the automatic tabulating equipment and programs to reject those votes.

    2.  If any error is detected, the cause therefor must be ascertained and corrected and an errorless count must be made before the mechanical recording device or the automatic tabulating equipment and programs are approved.

    3.  When satisfied with the accuracy of the mechanical recording device or automatic tabulating equipment and computer program, the accuracy certification board and the county or city clerk shall date and sign all reports, and seal the program, if any, and the reports [,] and all test material in an appropriate container. The container must be kept sealed by the clerk.

    4.  Except as otherwise provided in this subsection, the contents of such a sealed container are not subject to the inspection of anyone except in the case of a 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 that judge, body or board. For the period set forth in NRS 293.413 during which a candidate may file a statement of contest, the results of the test must be made available in the clerk’s office for public inspection.


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NRS 293.413 during which a candidate may file a statement of contest, the results of the test must be made available in the clerk’s office for public inspection.

    Sec. 20.  NRS 293B.170 is hereby amended to read as follows:

    293B.170  After the completion of the last logic and accuracy test, the programs used, if any, and the logic and accuracy test ballots and the official ballots shall be sealed, retained and disposed of in the manner provided in NRS 293.391 for other ballots.

    Sec. 21.  NRS 293C.175 is hereby amended to read as follows:

    293C.175  1.  A primary city election must be held in each city of the first class, and in each city of the second class that has so provided by ordinance, on the first Tuesday after the first Monday in [May] April of every year in which a general city election is to be held, at which time there must be nominated candidates for offices to be voted for at the next general city election.

    2.  A candidate for any office to be voted for at the primary city election must file a declaration of candidacy with the city clerk not less than 60 days nor more than 70 days before the date of the primary city election. The city clerk shall charge and collect from the candidate and the candidate must pay to the city clerk, at the time of filing the declaration of candidacy, a filing fee in an amount fixed by the governing body of the city by ordinance or resolution. The filing fees collected by the city clerk must be deposited to the credit of the general fund of the city.

    3.  All candidates, except as otherwise provided in NRS 266.220, must be voted upon by the electors of the city at large.

    4.  If, in a primary city election held in a city of the first or second class, one candidate receives more than a majority of votes cast in that election for the office for which he is a candidate, his name alone must be placed on the ballot for the general city election. If, in the primary city election, no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general city election.

    Sec. 22.  NRS 293C.190 is hereby amended to read as follows:

    293C.190  1.  A vacancy occurring in a nomination for a city office after the close of filing and before the first Tuesday after the first Monday in [May] April in a year in which a general city election is held must be filled by filing a nominating petition that is signed by at least 1 percent of the persons who are registered to vote and who voted for that office at the last preceding general city election. The petition must be filed not earlier than 30 days before the date of the primary city election and not later than the third Tuesday after the third Monday in [May.] April. A candidate nominated pursuant to the provisions of this subsection may be elected only at a general city election and his name must not appear on the ballot for a primary city election.

    2.  A vacancy occurring in a nomination for a city office after a primary city election and before the second Tuesday after the second Monday in [May] April must be filled by the person who received the next highest vote for the nomination in the primary city election.


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    3.  Except to place a candidate nominated pursuant to subsection 1 on the ballot, no change may be made on the ballot after the second Tuesday after the second Monday in [May] April of the year in which the general city election is held. If a nominee dies after that date, his name must remain on the ballot and, if elected, a vacancy exists.

    4.  All designations provided for in this section must be filed before 5 p.m. on the second Tuesday after the second Monday in [May] April of the year in which the general city election is held. The filing fee must be paid and an acceptance of the designation must be filed before 5 p.m. on that date.

    Sec. 23.  NRS 293C.195 is hereby amended to read as follows:

    293C.195  A withdrawal of candidacy for a city office must be in writing and presented to the city clerk by the candidate in person within 2 days , excluding Saturdays, Sundays and holidays, after the last day for filing a declaration of candidacy or an acceptance of candidacy.

    Sec. 24.  NRS 293C.345 is hereby amended to read as follows:

    293C.345  The city clerk shall mail to each registered voter in each mailing precinct and in each absent ballot mailing precinct, before 5 p.m. on the third Thursday in [April] March and before 5 p.m. on the fourth Tuesday in May of any year in which a general city election is held, an official mailing ballot to be voted by him at the election.

    Sec. 25.  NRS 293C.370 is hereby amended to read as follows:

    293C.370  1.  Whenever a candidate whose name appears upon the ballot at a general city election dies after 5 p.m. of the third Tuesday after the third Monday in [May] April and before the time of the closing of the polls on the day of the election, the votes cast for the deceased candidate must be counted in determining the results of the election for the office for which the decedent was a candidate.

    2.  If the deceased candidate receives the majority of the votes cast for the office, he shall be deemed elected and the office to which he was elected shall be deemed vacant at the beginning of the term for which he was elected. The vacancy created must be filled in the same manner as if the candidate had died after taking office for that term.

    Sec. 26.  NRS 294A.120 is hereby amended to read as follows:

    294A.120  1.  Every candidate for state, district, county or township office at a primary or general election shall, not later than:

    (a) Seven days before the primary election, for the period from 30 days before the regular session of the legislature after the last election for that office up to 12 days before the primary election;

    (b) Seven days before the general election, whether or not the candidate won the primary election, for the period from 12 days before the primary election up to 12 days before the general election; and

    (c) The 15th day of the second month after the general election, for the remaining period up to 30 days before the next regular session of the legislature,

report the total amount of his campaign contributions on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.

    2.  Except as otherwise provided in subsection 3, every candidate for a district office at a special election shall, not later than:


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1999 Statutes of Nevada, Page 3557 (Chapter 637, AB 615)

 

    (a) Seven days before the special election, for the period from his nomination up to 12 days before the special election; and

    (b) Thirty days after the special election, for the remaining period up to the special election,

report the total amount of his campaign contributions on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.

    3.  Every candidate for state, district, county, municipal or township office at a special election to determine whether a public officer will be recalled shall report the total amount of his campaign contributions on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury, 30 days after [the] :

    (a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall up to the special election [.] ; or

    (b) A district court determines that the petition for recall is legally insufficient pursuant to subsection 5 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall up to the date of the district court’s decision.

    4.  Reports of campaign contributions must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

    5.  Every county clerk who receives from candidates for legislative or judicial office, except the office of justice of the peace or municipal judge, reports of campaign contributions pursuant to subsection 4 shall file a copy of each report with the secretary of state within 10 working days after he receives the report.

    6.  Each contribution in excess of $100 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the first reporting period must be separately identified with the name and address of the contributor and the date of the contribution, tabulated and reported on the form provided by the secretary of state.

    Sec. 27.  NRS 294A.125 is hereby amended to read as follows:

    294A.125  1.  In addition to complying with the requirements set forth in NRS 294A.120, 294A.200 and 294A.360, a candidate who receives contributions in any year before the year in which the general election or general city election in which the candidate intends to seek election to public office is held, shall, [not later than December 31 of:] for:

    (a) The year in which he receives contributions in excess of $10,000, report the total contributions received [.] and expenditures made in that year.

    (b) Each year after the year in which he received contributions in excess of $10,000, until the year of the general election or general city election in which the candidate intends to seek election to public office is held, report the contributions received and the expenditures made in that year.

    2.  The reports required by subsection 1 must be submitted on a form designed and provided by the secretary of state and signed by the candidate under penalty of perjury.


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1999 Statutes of Nevada, Page 3558 (Chapter 637, AB 615)

 

    3.  Each contribution in excess of $100 and contributions that a contributor has made cumulatively in excess of that amount must be separately identified with the name and address of the contributor and the date of the contribution, tabulated and reported on the form provided by the secretary of state. Each expenditure in excess of $100 and expenditures that the candidate made cumulatively in excess of that amount must be separately identified with the date of the expenditure, tabulated and reported on the form provided by the secretary of state.

    4.  The report must be filed [with the secretary of state.] :

    (a) With the officer with whom the candidate will file the declaration of candidacy or acceptance of candidacy for the public office the candidate intends to seek. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

    (b) On or before January 15 of the year immediately after the year for which the report is made.

    5.  A county clerk who receives from a candidate for legislative or judicial office, except the office of justice of the peace or municipal judge, a report of contributions and expenditures pursuant to subsection 4 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.

    Sec. 28.  NRS 294A.180 is hereby amended to read as follows:

    294A.180  1.  Each candidate for a state, district, county, city or township office who is not elected to that office shall, not later than the 15th day of the second month after his defeat, file a report with the secretary of state stating the amount of contributions which he received for that campaign but did not spend and the disposition of those unspent contributions.

    2.  Each public officer who is elected to a state, district, county, city or township office shall file a report : [with the secretary of state:]

    (a) Not later than the 15th day of the second month after his election, stating the amount of campaign contributions which he received but did not spend and the amount, if any, of those unspent contributions disposed of pursuant to subsection 2 of NRS 294A.160 [;] as of the last day of the first month after his election;

    (b) Not later than January 15th of each year of his term beginning the year after he filed the report required by paragraph (a), stating the amount, if any, of those unspent contributions disposed of pursuant to NRS 294A.160 during the period [since] from the last date covered by his last report through December 31 of the immediately preceding year and the manner in which they were disposed of; and

    (c) Not later than the 15th day of the second month after he no longer holds that office, stating the amount and disposition of any remaining unspent contributions.

    3.  The reports required by subsections 1 and 2 must be submitted on a form designed and provided by the secretary of state and signed by the candidate or public officer under penalty of perjury.

    4.  A public officer filing a report pursuant to subsection 2:

    (a) Shall file the report with the officer with whom he filed his declaration of candidacy or acceptance of candidacy.


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1999 Statutes of Nevada, Page 3559 (Chapter 637, AB 615)

 

    (b) May file the report by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

    5.  A county clerk who receives from a legislative or judicial officer, other than a justice of the peace or municipal judge, a report pursuant to subsection 4 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.

    Sec. 29.  NRS 294A.200 is hereby amended to read as follows:

    294A.200  1.  Every candidate for state, district, county or township office at a primary or general election shall, not later than:

    (a) Seven days before the primary election, for the period from 30 days before the regular session of the legislature after the last election for that office up to 12 days before the primary election;

    (b) Seven days before the general election, whether or not the candidate won the primary election, for the period from 12 days before the primary election up to 12 days before the general election; and

    (c) The 15th day of the second month after the general election, for the remaining period up to 30 days before the next regular session of the legislature,

report his campaign expenses on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.

    2.  Except as otherwise provided in subsection 3, every candidate for a district office at a special election shall, not later than:

    (a) Seven days before the special election, for the period from his nomination up to 12 days before the special election; and

    (b) Sixty days after the special election, for the remaining period up to 30 days after the special election,

report his campaign expenses on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.

    3.  Every candidate for state, district, county, municipal or township office at a special election to determine whether a public officer will be recalled shall report his campaign expenses on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury, 60 days after [the] :

    (a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall up to 30 days after the special election [.] ; or

    (b) A district court determines that the petition for recall is legally insufficient pursuant to subsection 5 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall up to the date of the district court’s decision.

    4.  Reports of campaign expenses must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

    5.  County clerks who receive from candidates for legislative or judicial office, except the office of justice of the peace or municipal judge, reports of campaign expenses pursuant to subsection 4 shall file a copy of each report with the secretary of state within 10 working days after he receives the report.


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1999 Statutes of Nevada, Page 3560 (Chapter 637, AB 615)

 

    Sec. 30.  NRS 294A.350 is hereby amended to read as follows:

    294A.350  1.  Every candidate for state, district, county, municipal or township office shall file the reports of campaign contributions and expenses required by NRS 294A.120, 294A.200 and 294A.360, even though he:

    (a) Withdraws his candidacy;

    (b) Receives no campaign contributions; [or]

    (c) Has no campaign expenses [.] ;

    (d) Is removed from the ballot by court order; or

    (e) Is the subject of a petition to recall and the special election is not held.

    2.  A candidate who withdraws his candidacy pursuant to NRS 293.202 may file simultaneously all the reports of campaign contributions and expenses required by NRS 294A.120, 294A.200 and 294A.360, so long as each report is filed on or before the last day for filing the respective report pursuant to NRS 294A.120, 294A.200 or 294A.360.

    Sec. 31.  Chapter 295 of NRS is hereby amended by adding thereto a new section to read as follows:

    The legal sufficiency of a petition filed pursuant to NRS 295.015 to 295.056, inclusive, and this section, may be challenged by filing a complaint in district court not later than 5 days, Saturdays, Sundays and holidays excluded, after the petition is filed with the secretary of state. All affidavits and documents in support of the challenge must be filed with the complaint. The court shall set the matter for hearing not later than 30 days after the complaint is filed and shall give priority to such a complaint over all other matters pending with the court, except for criminal proceedings.

    Sec. 32.  NRS 295.056 is hereby amended to read as follows:

    295.056  1.  Before a petition for initiative or referendum is filed with the secretary of state, the petitioners must submit to each county clerk for verification pursuant to NRS 293.1276 to 293.1279, inclusive, the document or documents which were circulated for signature within his county. The clerks shall give the person submitting a document or documents a receipt stating the number of documents and pages and the person’s statement of the number of signatures contained therein.

    2.  If a petition for initiative proposes a statute or an amendment to a statute, the document or documents must be submitted not later than the second Tuesday in November of an even-numbered year.

    3.  If a petition for initiative proposes an amendment to the constitution, the document or documents must be submitted not later than the third Tuesday in June of an even-numbered year.

    4.  If the petition is for referendum, the document or documents must be submitted not later than the third Tuesday in May of an even-numbered year.

    5.  All documents which are submitted to a county clerk for verification must be submitted at the same time.

    Sec. 33.  NRS 298.020 is hereby amended to read as follows:

    298.020  1.  Each major political party in this state, qualified by law to place upon the general election ballot candidates for the office of President and Vice President of the United States in the year when they are to be elected, shall, at the state convention of the major political party held in that year, choose from the qualified electors, who are legally registered members of that political party, the number of presidential electors required by law and no more, who must be nominated by the delegates at the state convention.


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1999 Statutes of Nevada, Page 3561 (Chapter 637, AB 615)

 

of that political party, the number of presidential electors required by law and no more, who must be nominated by the delegates at the state convention. Upon the nomination thereof, the chairman and the secretary of the convention shall certify the names and addresses of the nominees to the secretary of state, who shall record the names in his office as the nominees of that political party for presidential elector.

    2.  Each minor political party in this state, qualified by law to place upon the general election ballot candidates for the office of President and Vice President of the United States in the year when they are to be elected, shall choose from the qualified electors, the number of presidential electors required by law. The person who is authorized to file the list of candidates for partisan office of the minor political party with the secretary of state pursuant to NRS 293.1725 shall certify the names and addresses of the nominees to the secretary of state, who shall record the names in his office as the nominees of that political party for presidential elector.

    Sec. 34.  NRS 298.109 is hereby amended to read as follows:

    298.109  1.  A person who desires to be an independent candidate for the office of President of the United States must, not later than 5 p.m. on the second Friday in August in each year in which a presidential election is to be held, pay a filing fee of $250 and file with the secretary of state a declaration of candidacy and a petition of candidacy, in which he must also designate his nominee for Vice President. The petition must be signed by a number of registered voters equal to not less than 1 percent of the total number of votes cast at the last preceding general election for candidates for the offices of Representative in Congress and must request that the names of the proposed candidates be placed on the ballot at the general election that year. The candidate shall file a copy of the petition he intends to circulate for signatures with the secretary of state.

    2.  The petition may consist of more than one document. Each document must bear the name of a county and only registered voters of that county 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] 25 working days before [filing] the last day to file the petition of candidacy with the secretary of state [.] pursuant to subsection 1. Each person signing shall add to his signature the address of the place at which he resides, the date that he signs and the name of the county wherein he is registered to vote. Each document of the petition must also contain the affidavit of the person who circulated the document that all signatures thereon 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.  Each independent candidate so nominated for the office of President shall at the time of filing his petition as provided in subsection 1, or within 10 days thereafter, file with the secretary of state his written designation of the names of the number of presidential electors then authorized by law, whom the independent candidate desires to act as his electors, all of whom must then be registered voters. Immediately following receipt of each candidate’s written designation of his nominees for electors, the secretary of state shall record them in his office as the nominees for presidential electors of that independent candidate.


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1999 Statutes of Nevada, Page 3562 (Chapter 637, AB 615)

 

record them in his office as the nominees for presidential electors of that independent candidate.

    4.  If the candidacy of any person who seeks to qualify pursuant to this section is challenged, all affidavits and documents in support of the challenge must be filed with the first judicial district court not later than 5 p.m. on the fourth Tuesday in August. Any judicial proceeding relating to the challenge must be set for hearing not later than 5 days after the fourth Tuesday in August.

    5.  The county clerk shall not disqualify the signature of a voter who fails to provide all [of] the information required by this section if the voter is registered in the county named on the document.

    Sec. 35.  NRS 306.015 is hereby amended to read as follows:

    306.015  1.  Before a petition to recall a public officer is circulated, the persons proposing to circulate the petition must file a notice of intent with the filing officer . [with whom the public officer to be recalled filed his declaration of candidacy or acceptance of candidacy pursuant to NRS 293.185, 293C.145 or 293C.175.]

    2.  The notice of intent:

    (a) Must be signed by three registered voters who actually voted in [the] this state or in the county, district or municipality electing the officer at the last preceding general election.

    (b) Must be signed before a person authorized by law to administer oaths that the statements and signatures contained in the notice are true.

    (c) Is valid until the date on which the call for a special election is issued, as set forth in NRS 306.040.

    3.  The petition may consist of more than one document. The persons filing the notice of intent shall submit the petition that was circulated for signatures to the [county clerk pursuant to NRS 306.035] filing officer within 60 days after the date on which the notice of intent was filed. The filing officer shall immediately submit the petition to the county clerk for verification pursuant to NRS 306.035. Any person who fails to file the petition as required by this subsection is guilty of a misdemeanor. Copies of the petition are not valid for any subsequent petition.

    4.  The county clerk shall, upon completing the verification of the signatures on the petition, file the petition with the filing officer . [with whom the public officer to be recalled filed his declaration of candidacy or acceptance of candidacy.]

    5.  Any person who signs a petition to recall any public officer may remove his name from the petition by submitting a request in writing to the county clerk at any time before the petition is submitted for the verification of the signatures thereon pursuant to NRS 306.035.

    6.  A person who signs a notice of intent pursuant to subsection 1 or a petition to recall a public officer is immune from civil liability for conduct related to the exercise of his right to participate in the recall of a public officer.

    7.  As used in this section, “filing officer” means the officer with whom the public officer to be recalled filed his declaration of candidacy or acceptance of candidacy pursuant to NRS 293.185, 293C.145 or 293C.175.


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1999 Statutes of Nevada, Page 3563 (Chapter 637, AB 615)

 

    Sec. 36.  NRS 306.035 is hereby amended to read as follows:

    306.035  1.  Before a petition to recall a state officer who is elected statewide is filed with the secretary of state [, the petitioners must submit to] pursuant to subsection 4 of NRS 306.015, each county clerk [for verification] must verify, pursuant to NRS 293.1276 to 293.1279, inclusive, the document or documents which were circulated for signature within his county.

    2.  Before a petition to recall a state senator, assemblyman, or a county, district or municipal officer is filed [with the proper officer, the petitioners must submit to] pursuant to subsection 4 of NRS 306.015, the county clerk [for verification limited to the relevant area in the manner prescribed in] must verify, pursuant to NRS 293.1276 to 293.1279, inclusive, the document or documents which were circulated for signatures within his county.

    3.  If more than one document was circulated, all the documents must be submitted to the clerk at the same time.

    Sec. 37.  NRS 306.040 is hereby amended to read as follows:

    306.040  1.  Upon determining that the number of signatures on a petition to recall is sufficient pursuant to NRS 293.1276 to 293.1279, inclusive, the secretary of state shall notify the county clerk, the officer with whom the petition is to be filed pursuant to subsection 4 of NRS 306.015 and the public officer who is the subject of the petition.

    2.  [Any] After the verification of signatures is complete, but not later than the date a complaint is filed pursuant to subsection 5 or the date the call for a special election is issued, whichever is earlier, a person who signs a petition to recall may request the secretary of state to strike his name from the petition . [after the verification of signatures is complete and before the date the call for a special election is issued.] If the person demonstrates good cause therefor, the secretary of state shall strike his name from the petition.

    3.  Not sooner than 10 days nor more than 20 days after the secretary of state completes the notification required by subsection 1, if a complaint is not filed pursuant to subsection 5, the officer with whom the petition is filed shall issue a call for a special election in the jurisdiction in which the public officer who is the subject of the petition was elected to determine whether the people will recall him.

    4.  The call for a special election pursuant to subsection 3 or 6 must include, without limitation:

    (a) The last day on which a person may register to vote to qualify to vote in the special election; and

    (b) The last day on which a petition to nominate other candidates for the office may be filed.

    [4.] 5.  The legal sufficiency of the petition may be challenged by filing a complaint in district court not later than 5 days, Saturdays , [and] Sundays and holidays excluded, after the secretary of state completes the notification required by subsection 1. All affidavits and documents in support of the challenge must be filed with the complaint. The court shall set the matter for hearing not later than 30 days after the complaint is filed and shall give priority to such a complaint over all other matters pending with the court, except for criminal proceedings.


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    [5.] 6.  Upon the conclusion of the hearing, if the court determines that the petition is sufficient, it shall order the officer with whom the petition is filed to issue a call for a special election in the jurisdiction in which the public officer who is the subject of the petition was elected to determine whether the people will recall [the public officer who is the subject of the petition.] him. If the court determines that the petition is not sufficient, it shall order the officer with whom the petition is filed to cease any further proceedings regarding the petition.

    Sec. 38.  Section 96 of the charter of Boulder City is hereby amended to read as follows:

     Section 96.  Conduct of city elections.

     1.  All City elections [shall] must be nonpartisan in character and [shall] must be conducted in accordance with the provisions of the general election laws of the State of Nevada and any ordinance regulations as adopted by the City Council which are consistent with law and this Charter. (1959 Charter)

     2.  All full terms of office in the City Council [shall be] are four years, and Councilmen [shall] must be elected at large without regard to precinct residency. Two full-term Councilmen and the Mayor are to be elected in each year immediately preceding a Federal presidential election, and two full-term Councilmen are to be elected in each year immediately following a Federal presidential election. In each election, the candidates receiving the greatest number of votes [shall] must be declared elected to the vacant full-term positions. (Add. 17; Amd. 1; 11-5-96)

     A.  In the event one or more two-year term positions on the Council will be available at the time of a municipal election as provided in Section 12, candidates [shall] must file specifically for such position(s). Candidates receiving the greatest respective number of votes [shall] must be declared elected to the respective available two-year positions. (Add. 15; Amd. 2; 6-4-91)

     3.  A city primary election [shall] must be held on the [1st] first Tuesday after the [1st] first Monday in [May] April of each odd-numbered year and a City general election [shall] must be held on the [1st] first Tuesday after the [1st] first Monday in June of each odd-numbered year.

     A.  [No primary shall] A primary election must not be held if no more than double the number of Councilmen to be elected file as candidates. [No primary shall] A primary election must not be held for the office of Mayor if no more than two candidates file for that position. The primary election [shall] must be held for the purpose of eliminating candidates in excess of a figure double the number of Councilmen to be elected. (Add. 17; Amd. 1; 11-5-96)

     B.  If, in the primary City election, a candidate receives votes equal to a majority of voters casting ballots in that election, he shall be considered elected to one of the vacancies and his name shall not be placed on the ballot for the general City election. (Add. 10; Amd. 7; 6-2-81)


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1999 Statutes of Nevada, Page 3565 (Chapter 637, AB 615)

 

     C.  In each primary and general election, voters shall be entitled to cast ballots for candidates in a number equal to the number of seats to be filled in the City elections. (Add. 11, Amd. 5; 6-7-83)

    Sec. 39.  Section 5.010 of the charter of the city of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by Assembly Bill No. 444 of this session, is hereby amended to read as follows:

     Sec. 5.010  Primary election.

     1.  A primary election must be held on the Tuesday after the first Monday in [May] April of each odd‑numbered year, at which time there must be nominated candidates for offices to be voted for at the next general municipal election.

     2.  A candidate for any office to be voted for at any primary municipal election must file a declaration of candidacy as provided by the election laws of this state.

     3.  All candidates for elective office must be voted upon by the registered voters of the city at large.

     4.  If in the primary election no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general election. If in the primary election, regardless of the number of candidates for an office, one candidate receives a majority of votes cast in that election for the office for which he is a candidate, he must be declared elected and no general election need be held for that office.

    Sec. 40.  Section 5.010 of the charter of the city of Las Vegas, being chapter 517, Statutes of Nevada 1983, as last amended by Senate Bill No. 274 of this session, is hereby amended to read as follows:

     Sec. 5.010  Primary municipal elections.

     1.  On the Tuesday after the first Monday in [May] April 2001, and at each successive interval of 4 years, a primary municipal election must be held in the city at which time candidates for half of the offices of councilman and for municipal judge, department 2, must be nominated.

     2.  On the Tuesday after the first Monday in [May] April 2003, and at each successive interval of 4 years, a primary municipal election must be held in the city at which time candidates for mayor, for the other half of the offices of councilman and for municipal judge, department 1, must be nominated.

     3.  The candidates for councilman who are to be nominated as provided in subsections 1 and 2 must be nominated and voted for separately according to the respective wards. The candidates from each even‑numbered ward must be nominated as provided in subsection 1, and the candidates from each odd‑numbered ward must be nominated as provided in subsection 2.

     4.  If the city council has established an additional department or departments of the municipal court pursuant to section 4.010 of this charter, and, as a result, more than one office of municipal judge is to be filled at any election, the candidates for those offices must be nominated and voted upon separately according to the respective departments.


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1999 Statutes of Nevada, Page 3566 (Chapter 637, AB 615)

 

nominated and voted upon separately according to the respective departments.

     5.  Each candidate for the municipal offices which are provided for in subsections 1, 2 and 4 must file a declaration of candidacy with the city clerk. All filing fees collected by the city clerk must be paid into the city treasury.

     6.  If, in the primary election, regardless of the number of candidates for an office, one candidate receives a majority of votes which are cast in that election for the office for which he is a candidate, he must be declared elected for the term which commences on the day of the first regular meeting of the city council next succeeding the meeting at which the canvass of the returns is made, and no general election need be held for that office. If, in the primary election, no candidate receives a majority of votes which are cast in that election for the office for which he is a candidate, the names of the two candidates who receive the highest number of votes must be placed on the ballot for the general election.

    Sec. 41.  Section 5.020 of the charter of the city of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as last amended by chapter 215, Statutes of Nevada 1997, at page 748, is hereby amended to read as follows:

     Sec. 5.020  Primary municipal elections; declaration of candidacy.

     1.  The city council shall provide by ordinance for candidates for elective office to declare their candidacy and file the necessary documents. The seats for city councilmen must be designated by the numbers one through four , which [number] numbers must correspond with the wards the candidates for city councilmen will seek to represent . A candidate for the office of city councilman shall include in his declaration of candidacy the number of the ward which he seeks to represent. Each candidate for city council must be designated as a candidate for the city council seat that corresponds with the ward that he seeks to represent.

     2.  If for any general municipal election there are three or more candidates for the offices of mayor or municipal judge, or for a particular city council seat, a primary election for any such office must be held on the Tuesday following the first Monday in [May] April preceding the general election.

     3.  Except as otherwise provided in subsection 4, after the primary election, the names of the two candidates for mayor, municipal judge and each city council seat who receive the highest number of votes must be placed on the ballot for the general election.

     4.  If one of the candidates for mayor, municipal judge or a city council seat receives a majority of the total votes cast for that office in the primary election, he shall be declared elected to office and his name must not appear on the ballot for the general election.


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1999 Statutes of Nevada, Page 3567 (Chapter 637, AB 615)

 

    Sec. 42.  Section 5.020 of the charter of the city of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 686, Statutes of Nevada 1997, at page 3482, is hereby amended to read as follows:

     Sec. 5.020  Primary municipal elections: Declaration of candidacy.

     1.  If for any general municipal election there are three or more candidates for the offices of mayor, city attorney or municipal judge or three or more candidates from each ward to represent the ward as a member of the city council, a primary election for that office must be held on the first Tuesday after the first Monday in [May] April preceding the general election.

     2.  Candidates for the offices of mayor, city attorney and municipal judge must be voted upon by the registered voters of the city at large. Candidates to represent a ward as a member of the city council must be voted upon by the registered voters of the ward to be represented by them.

   3.  The names of the two candidates for mayor, city attorney and municipal judge and the names of the two candidates to represent the ward as a member of the city council from each ward who receive the highest number of votes at the primary election must be placed on the ballot for the general election.

    Sec. 43.  The amendatory provisions of this act do not apply to conduct that occurred before October 1, 1999.

    Sec. 44.  Sections 6 to 9, inclusive, 13 and 41 of this act become effective at 12:01 a.m. on October 1, 1999.

________

 

CHAPTER 638, AB 617

Assembly Bill No. 617–Committee on Judiciary

 

CHAPTER 638

 

AN ACT relating to crimes; providing an affirmative defense under certain circumstances for a defendant who is charged with the crime of knowingly failing to provide child support or spousal support; making various changes concerning such a crime; providing penalties; and providing other matters properly relating thereto.

 

[Approved June 11, 1999]

 

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

 

    Section 1.  Chapter 201 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Except as otherwise provided in this subsection, in a prosecution for a violation of NRS 201.020, the defendant may claim as an affirmative defense that he was unable to provide the child support or spousal support ordered by a court.

    2.  In addition to the written notice required by NRS 174.234, a defendant who intends to offer the affirmative defense described in subsection 1 shall, not less than 20 days before trial or at such other time as the court directs, file and serve upon the prosecuting attorney a written notice of his intent to claim the affirmative defense.


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1999 Statutes of Nevada, Page 3568 (Chapter 638, AB 617)

 

as the court directs, file and serve upon the prosecuting attorney a written notice of his intent to claim the affirmative defense. The written notice must include:

    (a) The specific affirmative defense that the defendant is asserting; and

    (b) The name and last known address of each witness by whom the defendant proposes to establish the affirmative defense.

    3.  Not later than 10 days after receiving the written notice set forth in subsection 2 or at such other time as the court directs, the prosecuting attorney shall file and serve upon the defendant a written notice that includes the name and last known address of each witness the prosecuting attorney proposes to offer in rebuttal at trial to discredit the affirmative defense claimed by the defendant.

    4.  Each party has a continuing duty to file and serve upon the opposing party any change in the last known address of any witness that the party proposes to offer to establish or discredit the affirmative defense described in subsection 1.

    5.  Each party has a continuing duty to disclose promptly the names and last known addresses of any additional witnesses which come to the attention of that party and which that party proposes to offer to establish or discredit the affirmative defense described in subsection 1.

    6.  If the defendant or prosecuting attorney fails to comply with the requirements set forth in this section, in addition to any sanctions or protective orders otherwise provided in chapter 174 of NRS, the court may grant a continuance to permit the opposing party time to prepare.

    7.  A prosecuting attorney shall provide notice of the requirements of this section to a defendant when a complaint is served upon the defendant for a violation of NRS 201.020.

    8.  For the purposes of this section, a defendant is not “unable to provide the child support or spousal support ordered by a court” if, during the period that the defendant was obligated to provide and failed to provide child support or spousal support, the defendant was:

    (a) Voluntarily unemployed or underemployed without good cause or to avoid payment of child support or spousal support, including, without limitation, not using reasonable diligence to secure sufficient employment; or

    (b) Unable to pay the child support or spousal support ordered by a court because of his excessive spending, indebtedness or other legal obligation, unless the spending, indebtedness or other legal obligation was not within the control of the defendant.

    Sec. 2.  NRS 201.015 is hereby amended to read as follows:

    201.015  For the purposes of NRS 201.020 to 201.080, inclusive, and section 1 of this act, “minor child” means a person who has not reached the age of majority as provided in NRS 129.010 and has not been declared emancipated pursuant to NRS 129.080 to 129.140, inclusive.

    Sec. 3.  NRS 201.020 is hereby amended to read as follows:

    201.020  1.  [A husband or wife who, without just cause, deserts, willfully neglects or refuses] Except as otherwise provided in subsection 2, a person who knowingly fails to provide for the support [and maintenance] of his :


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1999 Statutes of Nevada, Page 3569 (Chapter 638, AB 617)

 

    (a) Spouse or former spouse [in destitute or necessitous circumstances, or any parent who without lawful excuse deserts or willfully neglects or refuses to provide for the support and maintenance of his legitimate or illegitimate minor] ;

    (b) Minor child ; or [children, or any parent who without lawful excuse deserts or willfully neglects or refuses to provide for the support and maintenance of his legitimate or illegitimate child or children]

    (c) Child who upon arriving at the age of majority [are] is unable to provide [themselves with support and maintenance] support for himself because of his infirmity, incompetency or other legal disability that was contracted before [their reaching] he reached the age of majority, [shall be punished:

    (a) If the conduct for which the defendant was convicted persisted for less than 6 months, for]

as ordered by a court, is guilty of a misdemeanor . [or, if such conduct persisted for more than 6 months, for a gross misdemeanor or, if for more than 1 year, for a category C felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

    (b) For any subsequent offense for]

    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 [.

    2.  In addition to other orders which the court may make relative to the defendant’s obligation to provide support to his spouse and children, the court may impose an intermittent sentence on a person found guilty of a violation of subsection 1 if it finds that such a sentence would be in the best interest of the defendant’s spouse and child or children.] if:

    (a) His arrearages for nonpayment of the child support or spousal support ordered by a court total $10,000 or more and have accrued over any period since the date that a court first ordered the defendant to provide for such support; or

    (b) It is a second or subsequent violation of subsection 1 or an offense committed in another jurisdiction that, if committed in this state, would be a violation of subsection 1, and his arrearages for nonpayment of the child support or spousal support ordered by a court total $5,000 or more and have accrued over any period since the date that a court first ordered the defendant to provide for such support.

    3.  A prosecution for a violation of subsection 1 may be brought in a court of competent jurisdiction in any county in which:

    (a) A court has issued a valid order for the defendant to pay child support or spousal support;

    (b) The defendant resides;

    (c) The custodial parent or custodian of the child for whom the defendant owes child support resides;

    (d) The spouse or former spouse to whom the defendant owes spousal support resides; or

    (e) The child for whom the defendant owes child support resides.


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1999 Statutes of Nevada, Page 3570 (Chapter 638, AB 617)

 

    Sec. 4.  NRS 201.030 is hereby amended to read as follows:

    201.030  Proceedings under NRS 201.020 to 201.080, inclusive, may be instituted upon complaint made under oath or affirmation by the spouse or child or children, or by any other person, including the district attorney , [as provided in NRS 201.025,] against any person guilty of [either of the offenses] an offense named in NRS 201.020.

    Sec. 5.  NRS 201.070 is hereby amended to read as follows:

    201.070  1.  No other or greater evidence is required to prove the marriage of the husband and wife, or that the defendant is the father or mother of the child or children, than is required to prove such facts in a civil action.

    2.  In no prosecution under NRS 201.020 to 201.080, inclusive, does any existing statute or rule of law prohibiting the disclosure of confidential communications between husband and wife apply, and both husband and wife are competent witnesses to testify against each other to any and all relevant matters, including the fact of the marriage and the parentage of any child or children , [;] but neither may be compelled to give evidence incriminating himself or herself.

    3.  Proof of the [desertion of a spouse, child or children, in destitute or necessitous circumstances, or of neglect or refusal] failure of the defendant to provide for the support [and maintenance] of the spouse, child or children, is prima facie evidence that such [desertion, neglect or refusal is willful.] failure was knowing.

    Sec. 6.  NRS 126.041 is hereby amended to read as follows:

    126.041  The parent and child relationship between a child and:

    1.  The natural mother may be established by proof of her having given birth to the child, or under this chapter, or NRS 125B.150 or 130.701 . [or 201.025.]

    2.  The natural father may be established under this chapter, or NRS 125B.150, 130.701 [, 201.025] or 425.382 to 425.3852, inclusive.

    3.  An adoptive parent may be established by proof of adoption.

    Sec. 7.  NRS 201.025, 201.040, 201.050 and 201.060 are hereby repealed.

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

________

 


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1999 Statutes of Nevada, Page 3571

 

CHAPTER 639, AB 679

Assembly Bill No. 679–Committee on Transportation

 

CHAPTER 639

 

AN ACT relating to the department of motor vehicles and public safety; creating the motor vehicles branch and the public safety branch within the department; abolishing the registration division and drivers’ license division of the department and transferring their duties to the motor vehicles branch of the department; and providing other matters properly relating thereto.

 

[Approved June 11, 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.  The motor vehicles branch consists of the following persons who are appointed by the director:

    (a) A deputy director; and

    (b) Within the limitations of legislative appropriation, such managers, specialists, investigators and staff, who are employed in the classified service of the state, as the director determines to be necessary to carry out the duties of the department.

    2.  The deputy director of the motor vehicles branch shall:

    (a) Administer the laws relating to motor vehicles and the licensing of drivers, as provided in NRS 481.048, 481.0481 and 481.071; and

    (b) Maintain records and other information relating to motor vehicles and the licensing of drivers, as provided in NRS 481.048, 481.0481 and 481.071.

    Sec. 2.  NRS 481.048 is hereby amended to read as follows:

    481.048  1.  There is hereby created, within the [registration division] motor vehicles branch of the department, [the bureau of enforcement.] a division of compliance enforcement.

    2.  The director shall appoint, within the limits of legislative appropriations, investigators [in the bureau of enforcement of the registration division of the department.] for the division.

    3.  The duties of the investigators are to travel the state and:

    (a) Act as investigators in the enforcement of the provisions of chapters 482 and 487 of NRS, NRS 108.265 to 108.360, inclusive, and 108.440 to 108.500, inclusive, as those sections pertain to motor vehicles, trailers, motorcycles, recreational vehicles and semitrailers, as defined in chapter 482 of NRS.

    (b) Act as adviser to dealers in connection with any problems arising under the provisions of that chapter.

    (c) Cooperate with personnel of the Nevada highway patrol in the enforcement of the motor vehicle laws as they pertain to dealers.

    (d) Act as investigators in the enforcement of the provisions of NRS 483.700 to 483.780, inclusive, relating to the licensing of schools and instructors for training drivers.

    (e) Perform such other duties as may be imposed by the director.


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1999 Statutes of Nevada, Page 3572 (Chapter 639, AB 679)

 

    Sec. 3.  NRS 481.0481 is hereby amended to read as follows:

    481.0481  1.  There is hereby created, within the [registration division] motor vehicles branch of the department, a section for the control of emissions from vehicles.

    2.  The director shall appoint, within the limits of legislative appropriations, investigators, officers and technicians for the control of emissions from vehicles.

    3.  The duties of the investigators, officers and technicians are to travel the state and:

    (a) Act as agents and inspectors in the enforcement of the provisions of NRS 445B.700 to 445B.845, inclusive, chapter 482 of NRS , and NRS 484.644 and 484.6441.

    (b) Cooperate with the division of environmental protection of the state department of conservation and natural resources in all matters pertaining to the control of emissions from vehicles.

    (c) Perform such other duties as may be imposed by the director.

    Sec. 4.  NRS 481.053 is hereby amended to read as follows:

    481.053  1.  The governor shall appoint the peace officers’ standards and training committee.

    2.  The committee consists of seven members, one appointed from Clark County, one from Washoe County, three from any other counties, one from category II peace officers and one from category III peace officers. Members serve terms of 2 years from the date of appointment. Members serve without compensation but are entitled to the per diem allowance and travel expenses provided by law for state officers and employees generally.

    3.  The governor shall make the appointments from recommendations submitted by Clark County, Washoe County, professional organizations of sheriffs and police chiefs of this state, category II peace officers and category III peace officers.

    4.  The committee shall:

    (a) Meet at the call of the chairman, who must be elected by the members of the committee.

    (b) Provide for and encourage the training and education of peace officers in order to improve the system of criminal justice.

    (c) Adopt regulations establishing minimum standards for the certification and decertification, recruitment, selection and training of peace officers.

    (d) Make necessary inquiries to determine whether agencies of the state and of local governments are complying with standards set forth in its regulations.

    (e) Carry out the duties required of the committee pursuant to NRS 432B.610 and 432B.620.

    5.  Regulations adopted by the committee:

    (a) Apply to all agencies of the state and of local governments which employ persons as peace officers;

    (b) Must require that all peace officers receive training in the handling of cases involving abuse or neglect of children or missing children; and

    (c) May require that training be carried on at institutions which it approves in those regulations.


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1999 Statutes of Nevada, Page 3573 (Chapter 639, AB 679)

 

    6.  The director may adopt regulations necessary for the operation of the committee and the enforcement of laws administered by the committee.

    7.  As used in this section:

    (a) “Category II peace officer” means:

         (1) The bailiff of the supreme court;

         (2) The bailiffs of the district courts, justices’ courts and municipal courts whose duties require them to carry weapons and make arrests;

         (3) Constables and their deputies whose official duties require them to carry weapons and make arrests;

         (4) Inspectors employed by the transportation services authority who exercise those powers of enforcement conferred by chapters 706 and 712 of NRS;

         (5) Parole and probation officers;

         (6) Special investigators who are employed full time by the office of any district attorney or the attorney general;

         (7) Investigators of arson for fire departments who are specially designated by the appointing authority;

         (8) The assistant and deputies of the state fire marshal;

         (9) The brand inspectors of the division of agriculture of the department of business and industry who exercise the powers of enforcement conferred in chapter 565 of NRS;

         (10) Investigators for the state forester firewarden who are specially designated by him and whose primary duties are the investigation of arson;

         (11) School police officers employed by the board of trustees of any county school district;

         (12) Agents of the state gaming control board who exercise the powers of enforcement specified in NRS 289.360, 463.140 or 463.1405, except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;

         (13) Investigators and administrators of the [bureau] division of compliance enforcement of the [registration division] motor vehicles branch of the department of motor vehicles and public safety who perform the duties specified in subsection 3 of NRS 481.048;

         (14) Officers and investigators of the section for the control of emissions from vehicles of the [registration division] motor vehicles branch of the department of motor vehicles and public safety who perform the duties specified in subsection 3 of NRS 481.0481;

         (15) Legislative police officers of the State of Nevada;

         (16) The personnel of the capitol police division of the department of motor vehicles and public safety appointed pursuant to subsection 2 of NRS 331.140;

         (17) Parole counselors of the division of child and family services of the department of human resources;

         (18) Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in the State of Nevada or by a department of family, youth and juvenile services established pursuant to NRS 62.1264 whose official duties require them to enforce court orders on juvenile offenders and make arrests;

         (19) Field investigators of the taxicab authority;


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1999 Statutes of Nevada, Page 3574 (Chapter 639, AB 679)

 

         (20) Security officers employed full time by a city or county whose official duties require them to carry weapons and make arrests;

         (21) The chief of a department of alternative sentencing created pursuant to NRS 211A.080 and the assistant alternative sentencing officers employed by that department; and

         (22) Criminal investigators who are employed by the secretary of state.

    (b) “Category III peace officer” means peace officers whose authority is limited to correctional services, and includes the superintendents and correctional officers of the department of prisons.

    Sec. 5.  NRS 481.057 is hereby amended to read as follows:

    481.057  In counties with a population in excess of 100,000, the director may arrange for the office of the [drivers’ license division] motor vehicles branch of the department to remain open on Saturdays and Sundays and at hours other than 8 a.m. to 5 p.m.

    Sec. 6.  NRS 481.067 is hereby amended to read as follows:

    481.067  1.  The department [may include:

    (a) A registration division.

    (b) A drivers’ license division.

    (c)] consists of:

    (a) A motor vehicles branch that includes:

         (1) A division of compliance enforcement.

         (2) A division of field services.

         (3) A division of central services and records.

         (4) A division of management services and programs.

    (b) A public safety branch that includes:

         (1) A Nevada highway patrol division.

    [(d)] (2) An administrative services division.

    [(e)] (3) An investigation division.

    [(f)] (4) A division of emergency management.

    [(g)] (5) A state fire marshal division.

    [(h)] (6) A division of parole and probation.

    [(i)] (7) A capitol police division.

    [(j)] (8) A training division.

    (c) Such other branches or divisions as the director may from time to time establish.

    2.  Before he reorganizes the department, the director shall obtain the approval of:

    (a) The legislature, if it is in regular session; or

    (b) The interim finance committee, if the legislature is not in regular session.

    Sec. 7.  NRS 481.071 is hereby amended to read as follows:

    481.071  1.  Any change in the organization of the department may include the branches, divisions, functions and responsibilities described in subsection 2 but must not include those described in [paragraph (e), (h) or (i)] paragraphs (d), (g) and (h) of that subsection.

    2.  Unless the organization of the department is changed by the director, the primary functions and responsibilities of the specified branches and divisions of the department are as follows:

    (a) The [registration division] motor vehicles branch shall:


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1999 Statutes of Nevada, Page 3575 (Chapter 639, AB 679)

 

         (1) Execute, administer and enforce the provisions of chapter 482 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 482 of NRS and the provisions of any other laws;

         (2) Execute and administer the laws relative to the licensing of motor vehicle carriers and the use of public highways by those carriers as contained in chapter 706 of NRS;

         (3) Perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 706 of NRS ; [and the provisions of any other laws;]

         (4) Execute and administer the provisions of chapter 366 of NRS, relating to the imposition and collection of taxes on special fuels used for motor vehicles; [and]

         (5) Perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 366 of NRS [and the provisions of any other laws.

    (b) The drivers’ license division shall execute,] ;

         (6) Execute, administer and enforce the provisions of chapter 483 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 483 of NRS [and the provisions of any other laws.

    (c)] ;

         (7) Execute, administer and enforce the provisions of chapter 485 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 485 of NRS;

         (8) Execute, administer and enforce the laws relating to the licensing of drivers of motorcycles and similar vehicles in accordance with the provisions of chapter 486 of NRS;

         (9) Execute, administer and enforce the provisions of chapter 487 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 487 of NRS; and

         (10) Execute, administer and enforce the provisions of chapter 108 of NRS and perform such duties and exercise such powers relating to liens on vehicles as may be conferred upon it pursuant to chapter 108 of NRS or the provisions of any other laws.

    (b) The administrative services division shall furnish fiscal , [and] accounting and other administrative services to the director and the various branches and divisions , and advise and assist the director and the various branches and divisions in carrying out their functions and responsibilities.

    [(d)] (c) The investigation division shall:

         (1) Execute, administer and enforce the provisions of chapter 453 of NRS relating to controlled substances and chapter 454 of NRS relating to dangerous drugs;

         (2) Assist the secretary of state in carrying out an investigation pursuant to NRS 293.124; and

         (3) Perform such duties and exercise such powers as may be conferred upon it pursuant to this chapter and any other laws.

    [(e)] (d) The Nevada highway patrol division shall execute, administer and enforce the provisions of chapter 484 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to NRS 481.180 and the provisions of any other laws.


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1999 Statutes of Nevada, Page 3576 (Chapter 639, AB 679)

 

    [(f)] (e) The division of emergency management shall execute, administer and enforce the provisions of chapter 414 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 414 of NRS and the provisions of any other laws.

    [(g)] (f) The state fire marshal division shall execute, administer and enforce the provisions of chapter 477 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 477 of NRS and the provisions of any other laws.

    [(h)] (g) The division of parole and probation shall execute, administer and enforce the provisions of chapters 176A and 213 of NRS relating to parole and probation and perform such duties and exercise such powers as may be conferred upon it pursuant to those chapters and the provisions of any other [law.

    (i)] laws.

    (h) The capitol police division shall assist the chief of the buildings and grounds division of the department of administration in the enforcement of subsection 1 of NRS 331.140.

    (i) The training division shall provide training to the employees of the department.

    Sec. 8.  NRS 482.102 is hereby amended to read as follows:

    482.102  “Registered owner” means [an individual,] a natural person, firm, corporation or association whose name appears in the files of the motor [vehicle registration division] vehicles branch of the department as the person to whom the vehicle is registered.

    Sec. 9.  NRS 482.379 is hereby amended to read as follows:

    482.379  1.  The director may order the design and preparation of license plates which commemorate the 125th anniversary of Nevada’s admission into the Union and establish the procedures for the application and issuance of the plates.

    2.  The department may designate any colors, numbers and letters for the commemorative plates.

    3.  A person who is entitled to license plates pursuant to NRS 482.265 may apply for commemorative license plates.

    4.  The fee for the commemorative license plates is $10, in addition to all other applicable registration and license fees and motor vehicle privilege taxes. If a person is eligible for and applies for any special license plates issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.368 or 482.370 to 482.3825, inclusive, and applies to have those special license plates combined with commemorative plates, the person must pay the fees for the special license plates in addition to the fee for the commemorative plates.

    5.  In addition to all fees for the license, registration and privilege taxes, a person who is eligible for and applies for commemorative plates must pay $25 for the celebration of the 125th anniversary of Nevada’s admission into the Union. The fees for the license, registration, privilege taxes and the charge for the celebration may be paid with a single check.

    6.  Commemorative plates are renewable upon the payment of $10.

    7.  If during a registration year, the holder of commemorative plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, he may retain the plates and:


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1999 Statutes of Nevada, Page 3577 (Chapter 639, AB 679)

 

    (a) Within 30 days after removing the plates from the vehicle, return them to the department; or

    (b) Affix them to another vehicle which meets the requirements of this section if the transfer and registration fees are paid as is provided for in this chapter. A person who transfers plates must be allowed a [1/12] one-twelfth reduction in fees for each calendar month remaining unused from the previous registration.

    8.  Except as otherwise provided by subsection 10, if a commemorative license plate or set of license plates issued pursuant to the provisions of this section is lost, stolen or mutilated, the owner of the vehicle may secure a replacement license plate or set of replacement license plates, as the case may be, from the department upon payment of the fees set forth in subsection 2 of NRS 482.500.

    9.  The department shall, for each set of commemorative license plates that it issues:

    (a) Deposit the $25 collected for the celebration of the 125th anniversary of Nevada’s admission into the Union with the state treasurer for credit to the account for Nevada’s 125th anniversary in the state general fund;

    (b) Deposit $7.50 with the state treasurer for credit to the motor vehicle fund pursuant to the provisions of NRS 482.180; and

    (c) Deposit $2.50 with the state treasurer for credit to the [registration division] motor vehicles branch of the department [of motor vehicles and public safety] to reimburse the [division] motor vehicles branch of the department for the cost of manufacturing the license plates.

    10.  The department shall not:

    (a) Issue the commemorative license plates after October 31, 1990.

    (b) Issue replacement commemorative license plates after June 30, 1995.

    Sec. 10.  NRS 482.383 is hereby amended to read as follows:

    482.383  1.  The [registration division] motor vehicles branch of the department may issue a special use permit for the operation of any unregistered and unlicensed vehicle upon any highway in [the] this state to enable such a vehicle to operate in connection with special events, such as parades.

    2.  A permit issued pursuant to subsection 1 must be in a form prescribed by the department and must limit the use of the vehicle for which it is issued to movement for the purpose set forth in the application for the permit. Such a permit must be affixed to the vehicle in a manner and position determined by the department and must be canceled, destroyed or surrendered under such rules as the department may prescribe.

    3.  The [registration division] motor vehicles branch of the department shall charge a fee of $2 for each permit issued pursuant to subsection 1.

    Sec. 11.  NRS 483.382 is hereby amended to read as follows:

    483.382  1.  No later than 30 days before the expiration of his license, the [drivers’ license division] motor vehicles branch of the department shall mail to each licensee who has not already renewed his license an expiration notice.


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1999 Statutes of Nevada, Page 3578 (Chapter 639, AB 679)

 

    2.  The department may require an applicant for a renewal license successfully to pass such additional [test] tests as the department finds reasonably necessary to determine his qualification according to the type or class of license applied for.

    Sec. 12.  NRS 483.390 is hereby amended to read as follows:

    483.390  Whenever any person after applying for or receiving a driver’s license moves from the address named in [such] the application or in the license issued to him, or when the name of a licensee is changed, [such] that person shall within 10 days thereafter notify the [drivers’ license division] motor vehicles branch of the department of his new and old addresses, or of such former and new names, and of the number of any license then held by him.

    Sec. 13.  NRS 484.247 is hereby amended to read as follows:

    484.247  1.  The department shall prepare and upon request supply to police departments, sheriffs and other appropriate agencies or persons forms for written accident reports as required in this chapter, suitable with respect to the persons required to make the reports and the purposes to be served. The forms must be designed to call for sufficiently detailed information to disclose with reference to an accident the cause, conditions then existing, the persons and vehicles involved, the name and address of the insurance company, the number of the policy providing coverage and the dates on which the coverage begins and ends.

    2.  The form prepared for a report to be made by persons pursuant to NRS 484.229 must call for such information as is required by the [drivers’ license division] motor vehicles branch of the department to enable it to determine whether the requirements for the deposit of security under chapter 485 of NRS are inapplicable. The [division] motor vehicles branch of the department may rely upon the accuracy of information supplied by a driver or owner on the form unless the [division] it has reason to believe that the information is erroneous.

    3.  Every accident report required to be made in writing must be made on the appropriate form approved by the department and must contain all the information required therein unless it is not available.

    Sec. 14.  NRS 485.108 is hereby amended to read as follows:

    485.108  “Registered owner” means a person whose name appears in the records of the [registration division] motor vehicles branch of the department as the person to whom the vehicle is registered.

    Sec. 15.  NRS 485.130 is hereby amended to read as follows:

    485.130  1.  The [division] motor vehicles branch of the department shall:

    (a) Administer and enforce the provisions of this chapter.

    (b) Provide for hearings upon request of persons aggrieved by orders or acts of the [division] motor vehicles branch of the department under the provisions of NRS 485.185 to 485.300, inclusive.

    2.  The [division] motor vehicles branch of the department may adopt regulations necessary for the administration of this chapter.


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1999 Statutes of Nevada, Page 3579 (Chapter 639, AB 679)

 

    Sec. 16.  NRS 485.135 is hereby amended to read as follows:

    485.135  The [division] motor vehicles branch of the department shall upon request furnish any person a certified abstract of the operating record of any person subject to the provisions of this chapter, which abstract [shall] must also fully designate the motor vehicles, if any, registered in the name of [such] that person, and, if there [shall be] is no record of any conviction of [such] that person of violating any law relating to the operation of a motor vehicle or of any injury or damage caused by [such] that person, the [division] motor vehicles branch of the department shall so certify.

    Sec. 17.  NRS 485.137 is hereby amended to read as follows:

    485.137  1.  The [division] motor vehicles branch of the department shall publish a leaflet which summarizes and explains the requirements and provisions of this chapter.

    2.  The department shall:

    (a) Make copies of the leaflet available without charge to all licensed drivers in this state, to all public school pupils who are of driving age, and to the public.

    (b) Cause a copy of the leaflet to be delivered to each applicant for a new registration of a vehicle.

    (c) Enclose a copy of the leaflet with each application for a renewal of registration of a vehicle which is mailed to the applicant pursuant to law.

    Sec. 18.  NRS 485.140 is hereby amended to read as follows:

    485.140  Any person aggrieved by a final decision in a contested case before the [division] motor vehicles branch of the department under this chapter is entitled to judicial review of the decision in the manner provided by chapter 233B of NRS.

    Sec. 19.  NRS 485.190 is hereby amended to read as follows:

    485.190  1.  If 20 days after the receipt of a report of an accident involving a motor vehicle within this state which has resulted in bodily injury or death, or damage to the property of any one person in excess of $750, the [division] motor vehicles branch of the department does not have on file evidence satisfactory to it that the person who would otherwise be required to file security under subsection 2 of this section has been released from liability, has been finally adjudicated not to be liable or has executed an acknowledged written agreement providing for the payment of an agreed amount in installments with respect to all claims for injuries or damages resulting from the accident, the [division] motor vehicles branch of the department shall upon request set the matter for a hearing as provided in NRS 485.191.

    2.  The [division] motor vehicles branch of the department shall, at any time after a determination adverse to an operator or owner pursuant to NRS 485.191, suspend the license of each operator and all registrations of each owner of a motor vehicle involved in such an accident, and, if the operator is a nonresident, the privilege of operating a motor vehicle within this state, and, if the owner is a nonresident, the privilege of the use within this state of any motor vehicle owned by him, unless the operator or owner, or both, deposit security in the sum so determined by the [division.] motor vehicles branch of the department. Notice of such a suspension must be sent by the [division] motor vehicles branch of the department to the operator and owner not less than 10 days before the effective date of the suspension and must state the amount required as security.


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1999 Statutes of Nevada, Page 3580 (Chapter 639, AB 679)

 

owner not less than 10 days before the effective date of the suspension and must state the amount required as security. [Where] If erroneous information is given to the [division] motor vehicles branch of the department with respect to the matters set forth in paragraph (a), (b) or (c) of subsection 1 of NRS 485.200, the [division] motor vehicles branch of the department shall take appropriate action as provided in this section after it receives correct information with respect to those matters.

    Sec. 20.  NRS 485.191 is hereby amended to read as follows:

    485.191  1.  Any operator or owner of a motor vehicle who was involved in an accident and who is not exempt from the requirements of depositing security by the provisions of NRS 485.200, is entitled to a hearing before the director or his representative before a determination of the amount of security required pursuant to NRS 485.190, and before the suspension of his operator’s license or registration as provided in subsection 2 of NRS 485.190. The hearing must be held in the county of residence of the operator. If the operator and owner reside in different counties and the hearing would involve both of them, the hearing must be held in the county which will be the most convenient for the summoning of witnesses.

    2.  The owner or operator must be given at least 30 days’ notice of the hearing in writing with a brief explanation of the proceedings to be taken against him and the possible consequences of a determination adverse to him.

    3.  If the operator or owner desires a hearing, he shall, within 15 days, notify the [division] motor vehicles branch of the department in writing of his intention. If he does not send this notice within the 15 days, he waives his right to a hearing , [;] except that, the director may for good cause shown permit the owner a later opportunity for a hearing.

    Sec. 21.  NRS 485.200 is hereby amended to read as follows:

    485.200  1.  The requirements as to security and suspension in NRS 485.190 to 485.300, inclusive, do not apply:

    (a) To the operator or owner if he had in effect at the time of the accident a motor vehicle liability policy with respect to the motor vehicle involved in the accident;

    (b) To the operator if there was in effect at the time of the accident a motor vehicle liability policy with respect to his operation of any motor vehicle;

    (c) To the operator or owner if his liability for damages resulting from the accident is, in the judgment of the [division,] motor vehicles branch of the department, covered by any other form of liability insurance policy or a bond;

    (d) To any person qualifying as a self-insurer pursuant to NRS 485.380, or to any person operating a motor vehicle for the self-insured;

    (e) To the operator or the owner of a motor vehicle involved in an accident wherein no injury or damage was caused to the person or property of anyone other than the operator or owner;

    (f) To the operator or the owner of a motor vehicle legally parked at the time of the accident;


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1999 Statutes of Nevada, Page 3581 (Chapter 639, AB 679)

 

    (g) To the owner of a motor vehicle if at the time of the accident the vehicle was being operated without his permission, express or implied, or was parked by a person who had been operating the motor vehicle without permission; or

    (h) If, before the date that the [division] motor vehicles branch of the department would otherwise suspend the license and registration or nonresident’s operating privilege pursuant to NRS 485.190, there is filed with the [division] motor vehicles branch of the department evidence satisfactory to it that the person who would otherwise have to file security has been released from liability or has received a determination in his favor at a hearing conducted pursuant to NRS 485.191, or has been finally adjudicated not to be liable or has executed an acknowledged written agreement providing for the payment of an agreed amount in installments, with respect to all claims for injuries or damages resulting from the accident.

    2.  An owner who is not the operator of the motor vehicle is not exempt from the requirements as to security and suspension in NRS 485.190 to 485.300, inclusive, if he holds a motor vehicle liability policy which provides coverage only when he is operating the motor vehicle and, at the time of the accident, another person is operating the motor vehicle with the express or implied permission of the owner.

    Sec. 22.  NRS 485.220 is hereby amended to read as follows:

    485.220  1.  The security required pursuant to NRS 485.190 to 485.300, inclusive, must be in such a form and amount as the [division] motor vehicles branch of the department may require, but in no case in excess of the limits specified in NRS 485.210 in reference to the acceptable limits of a policy or bond.

    2.  The person depositing the security shall specify in writing the person or persons on whose behalf the deposit is made and, at any time while the deposit is in the custody of the [division] motor vehicles branch of the department or the state treasurer, the person depositing it may, in writing, amend the specification of the person or persons on whose behalf the deposit is made to include an additional person or persons, but a single deposit of security is applicable only on behalf of persons required to furnish security because of the same accident.

    Sec. 23.  NRS 485.230 is hereby amended to read as follows:

    485.230  1.  The license, all registrations and the nonresident’s operating privilege suspended as provided in NRS 485.190 must remain so suspended and may not be renewed nor may any license or registration be issued to any such person until:

    (a) He deposits or there is deposited on his behalf the security required under NRS 485.190;

    (b) Two years have elapsed following the date of the accident and evidence satisfactory to the [division] motor vehicles branch of the department has been filed with it that during that period no action for damages arising out of the accident has been instituted; or

    (c) Evidence satisfactory to the [division] motor vehicles branch of the department has been filed with it of a release from liability, or a final adjudication of nonliability, or an acknowledged written agreement, in accordance with NRS 485.190.


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1999 Statutes of Nevada, Page 3582 (Chapter 639, AB 679)

 

    2.  Upon any default in the payment of any installment under any acknowledged written agreement, and upon notice of the default, the [division] motor vehicles branch of the department shall suspend the license and all registrations or the nonresident’s operating privilege of the person defaulting, which may not be restored until:

    (a) The person deposits and thereafter maintains security as required under NRS 485.190 in such an amount as the [division] motor vehicles branch of the department may then determine; or

    (b) One year has elapsed following the date of default, or 2 years following the date of the accident, whichever is greater, and during that period no action upon the agreement has been instituted in a court in this state.

    3.  Proof of financial responsibility, as set forth in NRS 485.307, is an additional requirement for reinstatement of the operator’s license and registrations under this section. He shall maintain proof of financial responsibility for 3 years after the date of reinstatement of the license in accordance with the provisions of this chapter. If he fails to do so the [division] motor vehicles branch of the department shall suspend the license and registrations.

    Sec. 24.  NRS 485.240 is hereby amended to read as follows:

    485.240  1.  If the operator or the owner of a motor vehicle involved in an accident within this state has no license or registration, or is a nonresident, he must not be allowed a license or registration until he has complied with the requirements of NRS 485.190 to 485.300, inclusive, to the same extent that would be necessary if, at the time of the accident, he had held a license and registration.

    2.  When a nonresident’s operating privilege is suspended pursuant to NRS 485.190 or 485.230, the [division] motor vehicles branch of the department shall transmit a certified copy of the record of that action to the [official] officer in charge of the issuance of licenses and registration certificates in the state in which the nonresident resides, if the law of that state provides for action in relation thereto similar to that provided for in subsection 3.

    3.  Upon receipt of a certification that the operating privilege of a resident of this state has been suspended or revoked in any other state pursuant to a law providing for its suspension or revocation for failure to deposit security for the payment of judgments arising out of a motor vehicle accident, under circumstances which would require the [division] motor vehicles branch of the department to suspend a nonresident’s operating privilege had the accident occurred in this state, the [division] motor vehicles branch of the department shall suspend the license of the resident if he was the operator, and all of his registrations if he was the owner of a motor vehicle involved in that accident. The suspension must continue until the resident furnishes evidence of his compliance with the law of the other state relating to the deposit of [such] that security.

    Sec. 25.  NRS 485.250 is hereby amended to read as follows:

    485.250  The [division] motor vehicles branch of the department may reduce the amount of security ordered in any case within 6 months after the date of the accident if, in its judgment, the amount ordered is excessive. In case the security originally ordered has been deposited, the excess deposited over the reduced amount ordered [shall] must be returned to the depositor or his personal representative forthwith, notwithstanding the provisions of NRS 485.270.


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1999 Statutes of Nevada, Page 3583 (Chapter 639, AB 679)

 

case the security originally ordered has been deposited, the excess deposited over the reduced amount ordered [shall] must be returned to the depositor or his personal representative forthwith, notwithstanding the provisions of NRS 485.270.

    Sec. 26.  NRS 485.260 is hereby amended to read as follows:

    485.260  Security deposited pursuant to the requirements of NRS 485.190 to 485.300, inclusive, must be placed by the [division] motor vehicles branch of the department in the custody of the state treasurer.

    Sec. 27.  NRS 485.280 is hereby amended to read as follows:

    485.280  A deposit or any balance thereof must be returned to the depositor or his personal representative:

    1.  When evidence satisfactory to the [division] motor vehicles branch of the department has been filed with it that there has been a release from liability, a final adjudication of nonliability or an acknowledged agreement, in accordance with paragraph (h) of subsection 1 of NRS 485.200; or

    2.  If 2 years after the date of the accident or 1 year [from] after the date of deposit of any security under NRS 485.230, whichever period is longer, the [division] motor vehicles branch of the department is given reasonable evidence that there is no action pending and no judgment rendered in such an action left unpaid.

    Sec. 28.  NRS 485.290 is hereby amended to read as follows:

    485.290  1.  In cases where a return to a depositor or his personal representative is authorized and warranted under NRS 485.280 but the address or present whereabouts of the depositor is unknown and cannot be readily ascertained by the [division,] motor vehicles branch of the department, the security deposited may, 90 days after its return would be authorized by NRS 485.280, be transferred from the custody of the state treasurer to the state highway fund for the general use of the department of transportation upon the written and certified request of the [division.] motor vehicles branch of the department.

    2.  The request made by the [division] motor vehicles branch of the department must state the names of the parties, the dates and a concise statement of the facts involved and must be forwarded in duplicate to the state controller and the state treasurer.

    3.  The state controller and the state treasurer are directed to transfer the amounts of security deposits from the custody of the state treasurer to the state highway fund [in order] to effectuate the purposes of this section upon being satisfied that the provisions of this chapter have been complied with.

    4.  If the depositor of the security or his rightful heirs or legatees, within 5 years after the transfer of the deposit to the state highway fund, present a verified claim to the [division] motor vehicles branch of the department and make proof of the validity of [such] the claim, the [division,] motor vehicles branch of the department, if it is satisfied as to the validity of the claim, may determine the amount thereby found to be due and certify it to the state controller who shall draw his warrant therefor on the state treasurer, who shall pay the warrant out of the state highway fund.

    5.  If the [division] motor vehicles branch of the department denies the validity of the claim, the claimant, upon notice to the attorney general, has a right to appeal to the First Judicial District Court of the State of Nevada, in and for Carson City, and present his proof of the validity of the claim.


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1999 Statutes of Nevada, Page 3584 (Chapter 639, AB 679)

 

and for Carson City, and present his proof of the validity of the claim. If, after hearing, the court is satisfied the claimant is rightfully entitled to the deposit, the court shall enter a decree that the money be paid to him. The decree must be certified to the state board of examiners, stating the amount thereby found to be due, and the state board of examiners shall allow the amount and certify it to the state controller who shall draw his warrant therefor on the state treasurer, who shall pay the warrant out of the state highway fund.

    6.  The amounts in the custody of the state treasurer on March 19, 1955, falling under the provisions of this section, may be transferred to the state highway fund, after the expiration of 90 days from March 19, 1955, in accordance with the provisions of this section.

    Sec. 29.  NRS 485.300 is hereby amended to read as follows:

    485.300  Any action taken by the [division] motor vehicles branch of the department pursuant to NRS 485.190 to 485.300, inclusive, the findings, if any, of the [division] motor vehicles branch of the department upon which the action is based and the security filed pursuant to NRS 485.190 to 485.300, inclusive, are privileged against disclosure at the trial of any action at law to recover damages.

    Sec. 30.  NRS 485.301 is hereby amended to read as follows:

    485.301  1.  Whenever any person fails within 60 days to satisfy any judgment, the judgment creditor or his attorney may forward to the [division] motor vehicles branch of the department immediately after the expiration of the 60 days a certified copy of the judgment.

    2.  If the defendant named in any certified copy of a judgment reported to the [division] motor vehicles branch of the department is a nonresident, the [division] motor vehicles branch of the department shall transmit a certified copy of the judgment to the [official] officer in charge of the issuance of licenses and registration certificates of the state in which the defendant is a resident.

    Sec. 31.  NRS 485.302 is hereby amended to read as follows:

    485.302  1.  The [division,] motor vehicles branch of the department shall, upon the receipt of a certified copy of a judgment, [shall] suspend the license, all registrations and any nonresident’s operating privilege of any person against whom the judgment was rendered, except as otherwise provided in this section and in NRS 485.305.

    2.  If the judgment creditor consents in writing, in such a form as the [division] motor vehicles branch of the department may prescribe, that the judgment debtor be allowed a license and registration or nonresident’s operating privilege, it may be allowed by the [division] motor vehicles branch of the department until the consent is revoked in writing, notwithstanding default in the payment of the judgment or of any installments thereof prescribed in NRS 485.305, if the judgment debtor furnishes proof of financial responsibility as provided in NRS 485.307. The debtor shall maintain proof of financial responsibility for 3 years after the date of reinstatement of the license pursuant to the provisions of this chapter. If he fails to do so, the [division] motor vehicles branch of the department shall suspend his license and registrations.


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1999 Statutes of Nevada, Page 3585 (Chapter 639, AB 679)

 

    Sec. 32.  NRS 485.305 is hereby amended to read as follows:

    485.305  1.  A judgment debtor upon [due] notice to the judgment creditor may apply to the court in which the judgment was rendered for the privilege of paying the judgment in installments and the court, without prejudice to any other legal remedies which the judgment creditor may have, may so order and fix the amounts and times of payment of the installments.

    2.  The [division] motor vehicles branch of the department shall not suspend a license, registration or a nonresident’s operating privilege, and shall restore any license, registrations or nonresident’s operating privilege suspended following nonpayment of a judgment, [when] if the judgment debtor gives proof of financial responsibility and obtains such an order permitting the payment of the judgment in installments, and while the payment of any such installment is not in default. The requirements of this section for reinstatement of a license, registration or privilege are in addition to the requirements of NRS 485.307.

    3.  If the judgment debtor fails to pay any installment as specified by such an order, [then] upon notice of [such] the default, the [division] motor vehicles branch of the department shall forthwith suspend the license, registrations or nonresident’s operating privilege of the judgment debtor until the judgment is satisfied, as provided in this chapter.

    Sec. 33.  NRS 485.3075 is hereby amended to read as follows:

    485.3075  A person whose license or registrations are suspended for failure to maintain proof of financial responsibility as required pursuant to this Title must provide proof of financial responsibility pursuant to NRS 485.307 before his license or registrations will be reinstated. [He] The person must maintain proof of financial responsibility for 3 years after the date of the reinstatement of his license pursuant to the provisions of this chapter. If he fails to do so, the [division] motor vehicles branch of the department shall suspend his license and registrations.

    Sec. 34.  NRS 485.308 is hereby amended to read as follows:

    485.308  1.  Proof of financial responsibility may be furnished by filing with the [division] motor vehicles branch of the department the written certificate of any insurance carrier authorized to do business in this state certifying that there is in effect a motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. The certificate must specify its effective date and:

    (a) If the policy is an owner’s policy of liability insurance, designate by appropriate reference all motor vehicles covered by it; or

    (b) If the policy is an operator’s policy of liability insurance, designate the person covered.

    2.  The department may authorize the filing of the certificates described in subsection 1 by electronic transmission or any other means deemed appropriate by the department.

    3.  An insurance carrier that certifies the existence of a motor vehicle liability policy pursuant to subsection 1, must notify the [division] motor vehicles branch of the department at least 10 days before the cancellation or termination of the policy.


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1999 Statutes of Nevada, Page 3586 (Chapter 639, AB 679)

 

    Sec. 35.  NRS 485.309 is hereby amended to read as follows:

    485.309  1.  The nonresident owner of a motor vehicle not registered in this state or a nonresident operator of a motor vehicle may give proof of financial responsibility by filing with the [division] motor vehicles branch of the department a written certificate of an insurance carrier authorized to transact business:

    (a) If the insurance provides coverage for the vehicle, in the state in which the motor vehicle described in the certificate is registered; or

    (b) If the insurance provides coverage for the operator only, in the state in which the insured resides,

if the certificate otherwise conforms to the provisions of this chapter.

    2.  The [division] motor vehicles branch of the department shall accept the proof upon condition that the insurance carrier complies with the following provisions with respect to the policies so certified:

    (a) The insurance carrier shall execute a power of attorney authorizing the director to accept service on its behalf of notice or process in any action arising out of an accident involving a motor vehicle in this state; and

    (b) The insurance carrier shall agree in writing that the policies shall be deemed to conform with the laws of this state relating to the terms of liability policies for owners of motor vehicles.

    3.  If any insurance carrier not authorized to transact business in this state, which has qualified to furnish proof of financial responsibility, defaults in any undertakings or agreements, the [division] motor vehicles branch of the department shall not thereafter accept as proof any certificate of that carrier whether theretofore filed or thereafter tendered as proof, [so] as long as the default continues.

    Sec. 36.  NRS 485.3092 is hereby amended to read as follows:

    485.3092  When an insurance carrier has issued a motor vehicle liability policy, the insurance so issued must not be canceled or terminated until at least 10 days after a notice of cancellation or termination of the insurance has been mailed first class or delivered to the insured and, if the insurance carrier has certified the policy under NRS 485.308 or 485.309, a notice has also been filed in the office of the [division.] motor vehicles branch of the department. A policy subsequently procured and certified, on the effective date of its certification, terminates the insurance previously certified with respect to any motor vehicle designated or the person named as the insured operator in both certificates. If the effective date of the termination is within 3 years after the date of reinstatement of a license, registration or privilege, the [division] motor vehicles branch of the department shall suspend the license and registration or privilege.

    Sec. 37.  NRS 485.3098 is hereby amended to read as follows:

    485.3098  Whenever any proof of financial responsibility filed under the provisions of this chapter no longer fulfills the purposes for which required, the [division] motor vehicles branch of the department shall, for the purpose of this chapter, require other proof as required by this chapter and shall suspend the license and registration or the nonresident’s operating privilege pending the filing of such other proof.


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1999 Statutes of Nevada, Page 3587 (Chapter 639, AB 679)

 

    Sec. 38.  NRS 485.3099 is hereby amended to read as follows:

    485.3099  1.  The [division] motor vehicles branch of the department shall , upon request , consent to the immediate cancellation of any certificate of financial responsibility [, or the division shall] or waive the requirement of filing proof of financial responsibility, in any of the following events:

    (a) At any time after 3 years [from] after the date the proof of financial responsibility was required when, during the 3‑year period preceding the request, the [division] motor vehicles branch of the department has not received a record of a conviction or a forfeiture of bail which would require or permit the suspension or revocation of the license, registration or nonresident’s operating privilege of the person by or for whom the proof of financial responsibility was furnished;

    (b) [In the event of the] The death of the person on whose behalf the proof of financial responsibility was filed or the permanent incapacity of the person to operate a motor vehicle; or

    (c) If the person who is required to file proof of financial responsibility surrenders his license and registration to the [division.] motor vehicles branch of the department.

    2.  If a person who surrenders his license and registration pursuant to paragraph (c) of subsection 1 applies for a license or registration within a period of 3 years after the date proof of financial responsibility was originally required, the application must be refused unless the applicant reestablishes proof of financial responsibility for the remainder of the 3‑year period.

    Sec. 39.  NRS 485.320 is hereby amended to read as follows:

    485.320  1.  If the license of any person is suspended as provided in this chapter, he shall immediately return the license to the [division.] motor vehicles branch of the department. If his registration is suspended, he shall immediately return the certificate of registration and the license plates to the [division.] motor vehicles branch of the department.

    2.  If any person fails to return any item as required by subsection 1, the [division] motor vehicles branch of the department shall forthwith direct any peace officer to secure possession thereof and to return the item to the [division.] motor vehicles branch of the department.

    3.  A person who owns a dormant vehicle who desires to cancel the policy of liability insurance covering that vehicle or to allow such a policy to expire:

    (a) Shall, on or before the date on which the policy is canceled or expires, cancel the registration of the vehicle to which that policy pertains.

    (b) May, if he presents the license plates for that vehicle to the authorized personnel of the [division] motor vehicles branch of the department for the removal and destruction of the sticker or other device evidencing the current registration of the vehicle, retain for potential reinstatement the license plates for a period not to exceed 1 year.

    4.  The department shall adopt regulations which define “extended period,” “mechanical circumstances” and “seasonal circumstances” for the purposes of NRS 485.0335.


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1999 Statutes of Nevada, Page 3588 (Chapter 639, AB 679)

 

    Sec. 40.  NRS 485.326 is hereby amended to read as follows:

    485.326  1.  The department shall suspend the license of any person convicted of violating the provisions of paragraph (a) of subsection 1 of NRS 485.187.

    2.  Any license suspended pursuant to subsection 1 must remain suspended until the person shows proof of financial responsibility as set forth in NRS 485.307. The person shall maintain proof of financial responsibility for 3 years after the reinstatement of his license pursuant to the provisions of this chapter, and if he fails to do so, the [division] motor vehicles branch of the department shall suspend any license previously suspended pursuant to subsection 1.

    Sec. 41.  NRS 485.380 is hereby amended to read as follows:

    485.380  1.  Any person in whose name more than 10 motor vehicles are registered in the State of Nevada may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the [division] motor vehicles branch of the department as provided in subsection 2.

    2.  The [division] motor vehicles branch of the department may, upon the application of such a person, issue a certificate of self-insurance when:

    (a) It is satisfied that he possesses and will continue to possess the ability to pay judgments obtained against him; and

    (b) The person provides security to satisfy judgments against him in an amount prescribed by regulation of the department.

    3.  The certificate of self-insurance must include:

    (a) The name and address of the self-insurer;

    (b) The expiration date of the self-insurance; and

    (c) The statements:

         (1) “Self-insured”; and

         (2) “This certificate of self-insurance or a photocopy thereof must be carried in the motor vehicle which is self-insured for production on demand.”

    4.  Upon not less than 5 days’ notice and a hearing pursuant to the notice, the [division] motor vehicles branch of the department may, upon reasonable grounds, cancel a certificate of self-insurance. Failure to pay any judgment within 30 days after it becomes final constitutes a reasonable ground for the cancellation of a certificate of self-insurance.

    5.  The department shall adopt regulations which set forth the amount of security which must be provided by a self-insurer pursuant to subsection 2.

    Sec. 42.  NRS 485.385 is hereby amended to read as follows:

    485.385  Whenever the [division] motor vehicles branch of the department has taken any action or has failed to take any action under this chapter by reason of having received erroneous information or by reason of having received no information, [then] upon receiving correct information within 2 years after the date of the accident the [division] motor vehicles branch of the department shall take appropriate action to carry out the purposes [and effect] of this chapter. The foregoing does not require the [division] motor vehicles branch of the department to reevaluate the amount of any deposit required under this chapter.


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1999 Statutes of Nevada, Page 3589 (Chapter 639, AB 679)

 

    Sec. 43.  NRS 487.230 is hereby amended to read as follows:

    487.230  1.  Any sheriff, constable, member of the Nevada highway patrol, officer of the legislative police, investigator of the [bureau of] division of compliance enforcement of the [registration division] motor vehicles branch of the department, personnel of the capitol police division of the department, designated employees of the manufactured housing division of the department of business and industry, special investigator employed by the office of a district attorney, marshal or policeman of a city or town, or a marshal or park ranger who is part of a unit of specialized law enforcement established pursuant to NRS 280.125 who has reason to believe that a vehicle has been abandoned on public property in his jurisdiction may remove the vehicle from that property. At the request of the owner or person in possession or control of private property who has reason to believe that a vehicle has been abandoned on his property, the vehicle may be removed by the operator of a tow car or an automobile wrecker from that private property.

    2.  A person who authorizes the removal of an abandoned vehicle pursuant to subsection 1 shall:

    (a) Have the vehicle taken to the nearest garage or other place designated for storage by:

         (1) The state agency or political subdivision making the request, if the vehicle is removed from public property.

         (2) The owner or person in possession or control of the property, if the vehicle is removed from private property.

    (b) Make all practical inquiries to ascertain if the vehicle is stolen by checking the license plate number, vehicle identification number and other available information which will aid in identifying the registered and legal owner of the vehicle and supply the information to the person who is storing the vehicle.

    Sec. 44.  NRS 108.2679 is hereby amended to read as follows:

    108.2679  “Registered owner” means:

    1.  A person whose name appears in the files of the manufactured housing division of the department of business and industry as the person to whom the mobile home or manufactured home is registered, but does not include:

    (a) A creditor who holds title to the mobile home or manufactured home; or

    (b) The owner or holder of a lien encumbering the mobile home or manufactured home.

    2.  A person whose name appears in the files of the [registration division] motor vehicles branch of the department of motor vehicles and public safety as the person to whom the vehicle is registered.

    Sec. 45.  NRS 108.310 is hereby amended to read as follows:

    108.310  Subject to the provisions of NRS 108.315, the lien created in NRS 108.270 to 108.360, inclusive, may be satisfied as follows:

    1.  The lien claimant shall give written notice to the person on whose account the storing, maintaining, keeping, repairing, labor, fuel, supplies, facilities, services or accessories were made, done or given, and to any other person known to have or to claim an interest in the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home, upon which the lien is asserted, and to the:


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1999 Statutes of Nevada, Page 3590 (Chapter 639, AB 679)

 

vehicle, mobile home or manufactured home, upon which the lien is asserted, and to the:

    (a) Manufactured housing division of the department of business and industry with regard to mobile homes, manufactured homes, and commercial coaches as defined in chapter 489 of NRS; or

    (b) [Registration division] Motor vehicles branch of the department of motor vehicles and public safety with regard to all other items included in this section.

    2.  In accordance with the terms of a notice so given, a sale by auction may be [had] held to satisfy any valid claim which has become a lien on the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home. The sale must be [had] held in the place where the lien was acquired, or, if that place is manifestly unsuitable for the purpose, at the nearest suitable place.

    3.  After the time for the payment of the claim specified in the notice has elapsed, an advertisement of the sale, describing the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home to be sold, and stating the name of the owner or person on whose account it is held, and the time and place of the sale, must be published once a week for 3 consecutive weeks in a newspaper published in the place where the sale is to be held, but if no newspaper is published in that place , then in [some] a newspaper published in this state [and having] that has a general circulation in that place. The sale must not be held less than 22 days after the time of the first publication.

    4.  From the proceeds of the sale the lien claimant who furnished the services, labor, fuel, accessories, facilities or supplies shall satisfy his lien, including the reasonable charges of notice, advertisement and sale. The balance, if any, of the proceeds must be delivered, on demand, to the person to whom he would have been bound to deliver, or justified in delivering, the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home.

    Sec. 46.  NRS 108.315 is hereby amended to read as follows:

    108.315  1.  Any landlord who desires to enforce a lien for unpaid rent or rent and utilities under the provisions of NRS 108.270 to 108.360, inclusive, must within 15 days after the rent is 30 days past due, make a demand in writing upon the registered owner of the recreational vehicle, mobile home or manufactured home, for the amount due, stating that a lien is claimed on the recreational vehicle, mobile home or manufactured home. A copy of the demand must be sent to every holder of a security interest and every person who is listed in the records of the manufactured housing division of the department of business and industry as holding an ownership or other interest in, and every tenant or subtenant of, the recreational vehicle, mobile home or manufactured home, and to the:

    (a) Manufactured housing division of the department of business and industry, with regard to mobile homes and manufactured homes; or

    (b) [Registration division] Motor vehicles branch of the department of motor vehicles and public safety, with regard to recreational vehicles,

by registered or certified mail.


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1999 Statutes of Nevada, Page 3591 (Chapter 639, AB 679)

 

    2.  To obtain the name and address of a holder of a security interest or a person who is listed in the records of the manufactured housing division of the department of business and industry as holding an ownership or other interest in the recreational vehicle, mobile home or manufactured home, the landlord shall, before making the demand for payment, request that information from the:

    (a) Manufactured housing division of the department of business and industry, with regard to mobile homes, manufactured homes, and commercial coaches as defined in chapter 489 of NRS; or

    (b) Department of motor vehicles and public safety, with regard to all other vehicles,

and the state agency shall supply that information from its records. If the recreational vehicle, mobile home or manufactured home is registered in another state, territory or country, the landlord shall, before making the demand for payment, obtain the information from the appropriate agency of that state, territory or country.

    3.  A landlord who enforces a lien for unpaid rent may recover an amount equal to:

    (a) The amount of the unpaid rent;

    (b) The cost of any advertising and notices required pursuant to NRS 108.270 to 108.360, inclusive;

    (c) The cost and fees ordered by a court in any action contesting the validity of a lien; and

    (d) The cost of a sale, if a sale by auction is made pursuant to the provisions of NRS 108.310.

    4.  No recreational vehicle, mobile home or manufactured home may be sold for delinquent rent or rent and utilities until 4 months have elapsed after the first default in payment, and a notice of lien has been served pursuant to subsection 1. At least 10 days but not more than 30 days before a sale, a written notice of sale by auction must be sent to the registered owner and tenant or subtenant and to every holder of a security interest and every person who is listed in the records of the manufactured housing division of the department of business and industry as holding an ownership or other interest in the recreational vehicle, mobile home or manufactured home by registered or certified mail stating that a sale by auction of the recreational vehicle, mobile home or manufactured home is to be made pursuant to the provisions of NRS 108.310. The written notice of sale by auction must include the time and location of the sale, the amount necessary to satisfy the lien and a description of the legal proceeding available to contest the lien pursuant to NRS 108.350 and 108.355.

    Sec. 47.  NRS 289.270 is hereby amended to read as follows:

    289.270  1.  The following persons have the powers of a peace officer:

    (a) The director of the department of motor vehicles and public safety.

    (b) The chiefs of the divisions of the department of motor vehicles and public safety.

    (c) The deputy directors of the department of motor vehicles and public safety employed pursuant to subsection 2 of NRS 481.035.


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1999 Statutes of Nevada, Page 3592 (Chapter 639, AB 679)

 

    (d) The investigators and agents of the investigation division of the department of motor vehicles and public safety and any other officer or employee of that division whose principal duty is to enforce one or more laws of this state, and any person promoted from such a duty to a supervisory position related to such a duty.

    (e) The personnel of the capitol police division of the department of motor vehicles and public safety appointed pursuant to subsection 2 of NRS 331.140.

    2.  The personnel of the Nevada highway patrol appointed pursuant to subsection 2 of NRS 481.150 have the powers of a peace officer specified in NRS 481.150 and 481.180.

    3.  Administrators and investigators of the [bureau] division of compliance enforcement of the [registration division] motor vehicles branch of the department of motor vehicles and public safety have the powers of a peace officer to enforce any law of the State of Nevada in carrying out their duties under NRS 481.048.

    4.  Officers and investigators of the section for the control of emissions from vehicles of the [registration division] motor vehicles branch of the department of motor vehicles and public safety, appointed pursuant to NRS 481.0481, have the powers of peace officers in carrying out their duties under that section.

    5.  Members of the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety who are, pursuant to NRS 414.270, activated by the chief of the division during a state of emergency proclaimed pursuant to NRS 414.070 to perform the duties of the state disaster identification team, have the powers of peace officers in carrying out those duties.

    Sec. 48.  NRS 293.504 is hereby amended to read as follows:

    293.504  1.  The following offices shall serve as voter registration agencies:

    (a) Such offices that provide public assistance as are designated by the secretary of state;

    (b) Each office that receives money from the State of Nevada to provide services to persons in this state who are disabled;

    (c) The offices of the [drivers’ license division] motor vehicles branch of the department of motor vehicles and public safety;

    (d) The offices of the city and county clerks; and

    (e) Such other offices as the secretary of state deems appropriate.

    2.  Each voter registration agency shall:

    (a) Make applications to register to vote which may be returned by mail available to each person who applies for or receives services or assistance from the agency;

    (b) Provide the same amount of assistance to an applicant in completing an application to register to vote as the agency provides to a person completing any other forms for the agency; and

    (c) Accept completed applications to register to vote.

    3.  Except as otherwise provided in this subsection and NRS 293.524, any application to register to vote accepted by a voter registration agency must be transmitted to the county clerk not later than 10 days after the application is accepted.


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1999 Statutes of Nevada, Page 3593 (Chapter 639, AB 679)

 

accepted. During the 2 weeks immediately preceding the close of registration for an election, the applications must be forwarded daily. The county clerk shall accept any application to register to vote which is completed by the last day to register if he receives the application not later than 5 days after the close of registration.

    4.  The secretary of state shall cooperate with the Secretary of Defense to develop and carry out procedures to enable persons in this state to apply to register to vote at recruitment offices of the United States Armed Forces.

    Sec. 49.  NRS 445B.830 is hereby amended to read as follows:

    445B.830  1.  In areas of the state where and when a program is commenced pursuant to NRS 445B.770 to 445B.815, inclusive, the following fees must be paid to the department of motor vehicles and public safety and accounted for in the pollution control account, which is hereby created in the state general fund:

    (a) For the issuance and annual renewal of license for an authorized inspection station, authorized maintenance station, authorized station or fleet station............................................................................................................................................ $25

    (b) For each set of 25 forms certifying emission control compliance........................................................................... 125

    (c) For each form issued to a fleet station............................................................................................................................... 5

    2.  Except as otherwise provided in subsections 4, 5 and 6, all fees must be used by that department as needed to carry out the provisions of NRS 445B.700 to 445B.845, inclusive.

    3.  The department of motor vehicles and public safety may prescribe by regulation routine fees for inspection at the prevailing shop labor rate, including maximum charges for those fees, and for the posting of those fees in a conspicuous place at an authorized inspection station or authorized station.

    4.  The department of motor vehicles and public safety shall by regulation establish a program to award grants of:

    (a) Money in the pollution control account to agencies in nonattainment or maintenance areas for carbon monoxide for programs related to the improvement of the quality of air. The amount of money granted must not exceed that portion of the money in the pollution control account that equals [1/5] one-fifth of the amount received for each form issued pursuant to subsection 1.

    (b) Excess money in the pollution control account to air pollution control agencies established pursuant to NRS 445B.205 or 445B.500. As used in this paragraph, “excess money” means the money in excess of $500,000 remaining in the pollution control account at the end of the fiscal year.

    5.  Any regulations adopted pursuant to subsection 4 must provide for the creation of an advisory committee consisting of representatives of state and local agencies involved in the control of emissions from motor vehicles. The committee shall:

    (a) Review applications for grants and make recommendations for their approval, rejection or modification;

    (b) Establish goals and objectives for the program for control of emissions from motor vehicles;

    (c) Identify areas where funding should be made available; and


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1999 Statutes of Nevada, Page 3594 (Chapter 639, AB 679)

 

    (d) Review and make recommendations concerning regulations adopted pursuant to subsection 4 or NRS 445B.770.

    6.  Grants proposed pursuant to subsections 4 and 5 must be submitted to the [chief] deputy director of the [registration division] motor vehicles branch of the department of motor vehicles and public safety and the administrator of the division of environmental protection of the state department of conservation and natural resources. Proposed grants approved by the [chief] deputy director and the administrator must not be awarded until approved by the interim finance committee.

    Sec. 50.  NRS 617.135 is hereby amended to read as follows:

    617.135  “Police officer” includes:

    1.  A sheriff, deputy sheriff, officer of a metropolitan police department or city policeman;

    2.  A chief, inspector supervisor, commercial officer or trooper of the Nevada highway patrol;

    3.  A chief, investigator or agent of the investigation division of the department of motor vehicles and public safety;

    4.  An officer or investigator of the section for the control of emissions from vehicles of the [registration division] motor vehicles branch of the department of motor vehicles and public safety;

    5.  An investigator of the [bureau] division of compliance enforcement of the [registration division] motor vehicles branch of the department of motor vehicles and public safety;

    6.  A member of the police department of the University and Community College System of Nevada;

    7.  A:

    (a) Uniformed employee of; or

    (b) Forensic specialist employed by,

the department of prisons whose position requires regular and frequent contact with the offenders imprisoned and subjects the employee to recall in emergencies;

    8.  A parole and probation officer of the division of parole and probation of the department of motor vehicles and public safety; and

    9.  A forensic specialist or correctional officer employed by the division of mental health and developmental services of the department of human resources at facilities for mentally disordered offenders.

    Sec. 51.  NRS 706.8828 is hereby amended to read as follows:

    706.8828  1.  A certificate holder shall file with the administrator, and keep in effect at all times, a policy of insurance with an insurance company licensed to do business in the State of Nevada.

    2.  The insurance policy specified in subsection 1 must:

    (a) Provide the following coverage:

For injury to one person in any one accident..................................................................................................... $100,000

For injury to two or more persons in any one accident....................................................................................... 300,000

For property damage in any one accident............................................................................................................... 10,000


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1999 Statutes of Nevada, Page 3595 (Chapter 639, AB 679)

 

    (b) Contain a clause which states substantially that the insurance carrier may only cancel the policy upon 30 days’ written notice to the certificate holder and administrator; and

    (c) Contain such other provisions concerning notice as may be required by law to be given to the certificate holder.

    3.  If an insurance policy is canceled, the certificate holder shall not operate or cause to be operated any taxicab that was covered by the policy until other insurance is furnished.

    4.  A certificate holder to whom the [drivers’ license division] motor vehicles branch of the department of motor vehicles and public safety has issued a certificate of self-insurance may self-insure the first $50,000, combined single-limit, per accident, of the coverage required by subsection 2.

    Sec. 52.  Section 25 of Assembly Bill No. 626 of this session is hereby amended to read as follows:

   Sec. 25.  NRS 289.270 is hereby amended to read as follows:

     289.270  1.  The following persons have the powers of a peace officer:

     (a) The director of the department of motor vehicles and public safety.

     (b) The chiefs of the divisions of the department of motor vehicles and public safety.

     (c) The deputy directors of the department of motor vehicles and public safety employed pursuant to subsection 2 of NRS 481.035.

     (d) The investigators and agents of the investigation division of the department of motor vehicles and public safety and any other officer or employee of that division whose principal duty is to enforce one or more laws of this state, and any person promoted from such a duty to a supervisory position related to such a duty.

     (e) The personnel of the capitol police division of the department of motor vehicles and public safety appointed pursuant to subsection 2 of NRS 331.140.

     2.  The personnel of the Nevada highway patrol appointed pursuant to subsection 2 of NRS 481.150 have the powers of a peace officer specified in NRS 481.150 and 481.180.

     3.  Administrators and investigators of the division of compliance enforcement of the motor vehicles branch of the department of motor vehicles and public safety have the powers of a peace officer to enforce any law of the State of Nevada in carrying out their duties under NRS 481.048.

     4.  Officers and investigators of the section for the control of emissions from vehicles of the motor vehicles branch of the department of motor vehicles and public safety, appointed pursuant to NRS 481.0481, have the powers of peace officers in carrying out their duties under that section.

   5.  Members of the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety who are, pursuant to NRS 414.270, activated by the chief of the division during a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070 to perform the duties of the state disaster identification team, have the powers of peace officers in carrying out those duties.


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1999 Statutes of Nevada, Page 3596 (Chapter 639, AB 679)

 

activated by the chief of the division during a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070 to perform the duties of the state disaster identification team, have the powers of peace officers in carrying out those duties.

    Sec. 53.  NRS 485.033 is hereby repealed.

    Sec. 54.  The Governor shall review the organization of the department of motor vehicles and public safety as reorganized pursuant to the amendatory provisions of this act, determine whether the organization of the department requires any additional changes and notify the interim finance committee before January 1, 2000, of his determination. Notwithstanding any provision of Title 43 of NRS to the contrary, any changes in the organization of the department of motor vehicles and public safety included in the Governor’s determination may be made upon approval of the interim finance committee. A plan describing any such changes must be approved by the Governor before it is submitted to the interim finance committee for approval.

    Sec. 55.  Notwithstanding the provisions of chapter 284 of NRS and any administrative regulations and personnel policies to the contrary:

    1.  Other than terminations and resignations, all personnel actions, including, without limitation, appointments, transfers, promotions and the filling of vacancies, that are carried out to implement, or are in any way related to, the reorganization of the department of motor vehicles and public safety pursuant to the amendatory provisions of this act shall be deemed temporary actions until January 1, 2000.

    2.  A state officer or employee who through an appointment, transfer, promotion or other personnel action that is made temporary by subsection 1 does not lose any rights or privileges of state employment except any right to the specific temporary position.

    Sec. 56.  1.  The administrative regulations adopted by any officer, bureau or division whose name is changed or whose authority to adopt those regulations is transferred pursuant to the provisions of this act, become the regulations of the officer, section, division, branch or department to whom that authority is transferred.

    2.  The contracts or other agreements entered into by any officer, bureau or division whose name is changed or whose authority to enter into those contracts or other agreements is transferred pursuant to the provisions of this act, are binding upon and may be enforced by the officer, division, branch or department to whom the authority is transferred.

    3.  Any action taken by an officer, bureau or division whose name is changed or whose authority to take that action is transferred pursuant to the provisions of this act, remains in effect as if taken by the officer, section, division, branch or department to whom, that authority is transferred.

    Sec. 57.  This act becomes effective upon passage and approval for the purpose of authorizing any preliminary activities necessary to ensure that the provisions of this act are carried out in an orderly fashion and, for all other purposes:

    1.  This section and sections 1, 2, 3, 5 to 56, inclusive, and 58 of this act become effective on July 1, 1999; and

    2.  Section 4 of this act becomes effective at 12:01 a.m. on July 1, 1999.


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1999 Statutes of Nevada, Page 3597 (Chapter 639, AB 679)

 

    Sec. 58.  The legislative counsel shall:

    1.  In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any reference to an officer, bureau, division or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, division, branch, department or other entity.

    2.  In preparing supplements to the Nevada Administrative Code, appropriately change any reference to an officer, bureau, division or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, division, branch, department or other entity.

________

 

CHAPTER 640, AB 693

Assembly Bill No. 693–Committee on Ways and Means

 

CHAPTER 640

 

AN ACT relating to fees; revising the provisions governing certain fees imposed by the state board of agriculture and the state department of agriculture; and providing other matters properly relating thereto.

 

[Approved June 11, 1999]

 

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

 

    Section 1.  NRS 561.153 is hereby amended to read as follows:

    561.153  The director may by regulation adopt such procedures as he may deem appropriate for the billing or collection of fees for any service [rendered] or any publication or other product provided by the department under Titles 49, 50 and 51 of NRS for which fees are collectible.

    Sec. 2.  NRS 573.040 is hereby amended to read as follows:

    573.040  The state board of agriculture shall establish by regulation the fee for a license to operate a public livestock auction . [shall be $100 per year.]

    Sec. 3.  NRS 576.042 is hereby amended to read as follows:

    576.042  1.  Any:

    (a) Producer of livestock or farm products or his agent or consignee;

    (b) Licensed broker, dealer or commission merchant; or

    (c) Nonprofit organization or association, including the Nevada Fair of Mineral Industries, 4-H clubs, the Nevada junior livestock show, the Nevada state livestock show and the Nevada Hereford Association, who is injured by any violation of the provisions of this chapter, or by any misrepresentations or fraud on the part of any licensed dealer, broker or commission merchant, may maintain a civil action against the dealer, broker or commission merchant. If the dealer, broker or commission merchant is licensed, he may also maintain an action against the surety on any bonds, or the money or securities deposited in lieu of a bond.


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1999 Statutes of Nevada, Page 3598 (Chapter 640, AB 693)

 

licensed, he may also maintain an action against the surety on any bonds, or the money or securities deposited in lieu of a bond. In such an action against an unlicensed dealer, broker or commission merchant, the injured person is entitled to treble damages.

    2.  Any person having a claim pursuant to subsection 1 against any licensed dealer, broker or commission merchant must begin legal action on any bond, or money or securities deposited in lieu of a bond, for recovery of the amount claimed to be due within 1 year after the claim has accrued.

    3.  Pursuant to subsection 4 of NRS 576.030, process may be served by delivering to the director duplicate copies of the process and paying a fee [of $2.] established by regulation of the state board of agriculture. The service upon the director shall be deemed service upon the dealer, broker or commission merchant. The director shall forward one copy of the process by registered mail prepaid to the defendant dealer, broker or commission merchant, [giving] specifying the day and hour of service. The [defendant’s] return receipt of the defendant is prima facie evidence of the completion of service. If service of summons is made upon the director in accordance with the provisions of this subsection, the [time] period within which the defendant [is required to] must appear is extended 10 days. The provisions of this subsection are not exclusive, but if a defendant dealer, broker or commission merchant is found within the State of Nevada, he must be served with process in the State of Nevada.

    Sec. 4.  NRS 576.050 is hereby amended to read as follows:

    576.050  [1.]  Each applicant for a license as a broker, dealer, commission merchant , [or] cash buyer or agent shall pay to the department an annual license fee [of $40.

    2.  Each applicant for a license as an agent shall pay to the department an annual license fee of $10.] established by regulation of the state board of agriculture.

    Sec. 5.  NRS 555.238 is hereby amended to read as follows:

    555.238  1.  The state board of agriculture may establish by regulation a minimum annual fee for each nursery license , [fee is $50 per fiscal year,] to which must be added [:

    (a) Twenty dollars for each additional] an amount established by regulation of the board for each:

    (a) Additional nursery of a licensee who has [already] paid the minimum nursery license fee.

    (b) [Two dollars for each acre] Acre of nursery stock in production or portion thereof after the first acre . [up to a maximum fee of $15.

    (c) Five dollars for each agent]

    (c) Agent acting on behalf of a licensed nursery established in this state and operating outside of the county in which the nursery is located.

    (d) [Fifty dollars for each peddler.] Peddler.

    2.  As used in this section:

    (a) “Agent” means any person who:

         (1) Acts upon the authority of another person possessing a [valid] nursery license in this state; and

         (2) Solicits for the sale of nursery stock.


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    (b) “Peddler” means any person who sells, solicits or offers for sale nursery stock to [the ultimate] a customer and who does not have a nursery in this state. The term does not include nurserymen licensed by another state who wholesale nursery stock to retail nurserymen in this state or sell nursery stock directly to the public by catalog.

    Sec. 6.  NRS 555.310 is hereby amended to read as follows:

    555.310  1.  The director shall collect from each person applying for the examination or reexamination a testing fee [of $10 for each field of pest control in which the applicant wishes to be examined, subject to a maximum charge of $35 and a minimum charge of $15 for any one application.] established by regulation of the state board of agriculture.

    2.  Upon the successful completion of the testing, the director shall , before the license is issued, collect from each person applying for a license for pest control [the sum of $50 before the license is issued.] an annual fee established by regulation of the state board of agriculture. Any company or person employing operators, pilots or agents shall pay to the director [$15] a fee established by regulation of the board for each operator, pilot or agent licensed.

    Sec. 7.  NRS 555.355 is hereby amended to read as follows:

    555.355  1.  The director may require the applicant to show, upon examination, that he possesses adequate knowledge concerning the proper use and application of restricted-use pesticides and the dangers involved and precautions to be taken in connection with [their application,] the application of those pesticides, including, but not limited to, the following areas:

    (a) Label and labeling comprehension.

    (b) Environmental consequences of pesticide use and misuse.

    (c) Pests.

    (d) Pesticides.

    (e) Equipment.

    (f) Application techniques.

    (g) Laws and regulations.

    (h) Safety.

    2.  In addition, the director may require the applicant to meet special qualifications of competency to meet the special needs of a given locality regarding the use or application of a specific restricted-use pesticide.

    3.  The director shall collect from each person applying for an examination or reexamination, in connection with the issuance of a certificate, a testing fee [not to exceed $10] established by regulation of the state board of agriculture for any one examination period.

    Sec. 8.  NRS 582.040 is hereby amended to read as follows:

    582.040  If satisfied with the [applicant’s qualifications,] qualifications of the applicant, the state sealer of weights and measures shall issue a certificate of appointment as a public weighmaster, for which certificate he shall charge a fee [of $60.] established by regulation of the state board of agriculture. The certificate of appointment [is] :

    1.  Is valid for the calendar year in which it is issued. [Renewal of the certificate of appointment may be obtained]


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1999 Statutes of Nevada, Page 3600 (Chapter 640, AB 693)

 

    2.  May be renewed each year upon application to the state sealer of weights and measures [, accompanied by a fee of $50,] on or before the last day of January. The application must be accompanied by a fee established by regulation of the state board of agriculture.

    Sec. 9.  NRS 586.270 is hereby amended to read as follows:

    586.270  1.  A registrant shall pay an annual registration fee in an amount [fixed] established by regulation of the director [not to exceed $50] for each pesticide registered.

    2.  The director shall , for each annual registration fee he collects, deposit in a separate account [not more than $25 of each annual registration fee he collects.] the amount established for that purpose by regulation of the director. The money deposited in the account must be used only for the disposal of pesticides. [The director shall fix, by regulation, the amount of each registration fee which must be deposited in the account.]

    3.  A registrant who offers a pesticide for sale before [the registration of] registering the pesticide shall pay an amount equal to twice the registration fee for [registration of] registering the pesticide.

    Sec. 10.  NRS 586.406 is hereby amended to read as follows:

    586.406  1.  It is unlawful for any person to sell or offer to sell at the retail level or distribute or deliver for transportation for delivery to the consumer or user a pesticide classified for restricted use pursuant to NRS 586.401 or the Federal Environmental Pesticide Control Act, 7 U.S.C. งง 136 et seq., [without being] unless he is registered with the director.

    2.  Each person applying for registration must provide a statement including:

    (a) The name and address of the person registering; and

    (b) The name and address of any person who, on behalf of the person registering, sells, offers to sell, distributes or delivers for transportation a restricted-use pesticide.

    3.  All registrations expire on December 31 and are renewable annually.

    4.  Each person registering shall pay:

    (a) An annual registration fee [of $10;] established by regulation of the state board of agriculture; and

    (b) A penalty fee of $5 if his previous registration has expired by the failure to reregister on or before February 1, unless his registration is accompanied by a signed statement that no person named on the registration statement has sold or distributed any restricted-use pesticides during the year the registration was not in effect.

    5.  [All persons] Each person who is registered shall maintain for 2 years a record of all sales of restricted-use pesticides showing:

    (a) The date of sale or delivery;

    (b) The name and address of the person to whom sold or delivered;

    (c) The brand name of the pesticide product;

    (d) The amount of pesticide product sold or delivered;

    (e) The certification number of the certified applicator who is applying or supervising the application of the pesticide if the purchaser of the pesticide is not certified to apply the pesticide; and

    (f) Such other information as may be required by the director.


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1999 Statutes of Nevada, Page 3601 (Chapter 640, AB 693)

 

    6.  Each person registered pursuant to this section shall, on or before the 15th day of each month, file a report with the director [of] specifying the restricted-use pesticides sold during the previous month. The director shall provide the form for the report. The form must be filed [even if] regardless of whether the person [did not sell] sold any pesticides during the previous month.

    Sec. 11.  NRS 588.170 is hereby amended to read as follows:

    588.170  1.  Each brand and grade of commercial fertilizer or agricultural mineral must be registered with the department before being offered for sale, sold or distributed in this state.

    2.  An application for registration must be submitted in duplicate to the director on a form furnished by him, and must be accompanied by a registration fee in an amount to be fixed annually by the director [, not to exceed $25] for each combined registration of brand and grade.

    3.  The applicant must [also] deposit with the department an airtight container containing not less than 2 pounds of the fertilizer or agricultural mineral, together with an affidavit stating that it is a fair sample of the fertilizer or agricultural mineral to be sold or offered for sale.

    4.  Upon approval by the director, a copy of the registration must be furnished to the applicant.

    5.  All registrations expire on June 30 of each year.

    Sec. 12.  NRS 588.210 is hereby amended to read as follows:

    588.210  1.  There must be paid to the department for all commercial fertilizers offered for sale, sold or distributed in this state a fee [at the rate of 25 cents per ton on every] established by regulation of the state board of agriculture for each ton sold, but sales to manufacturers or exchanges between them are [exempted.] exempt.

    2.  There must be paid to the department for all agricultural minerals offered for sale, sold or distributed in this state a fee [of 25 cents per ton on every ton if] established by regulation of the state board of agriculture. The regulations must specify the amount of the fee for each ton of agricultural minerals that is sold in packages [, or 5 cents per ton if] and the amount of the fee for each ton of those minerals that is sold in bulk, but sales to manufacturers or exchanges between them are exempt.

    3.  The department shall prepare suitable forms for reporting sales and , on request , shall furnish the forms without cost to all persons dealing in registered brands of commercial fertilizers or agricultural minerals.

    Sec. 13.  NRS 590.380 is hereby amended to read as follows:

    590.380  1.  Before any antifreeze may be sold, displayed for sale or held with intent to sell within this state, a sample thereof must be inspected annually by the state sealer of weights and measures.

    2.  Upon application of the manufacturer, packer, seller or distributor and the payment of a fee [of $50] established by regulation of the state board of agriculture for each brand of antifreeze submitted, the state sealer of weights and measures shall inspect the antifreeze submitted. If the antifreeze [is] :

    (a) Is not adulterated or misbranded [, if it meets] ;

    (b) Meets the standards of the state sealer of weights and measures [, and if it is] ; and

    (c) Is not in violation of NRS 590.340 to 590.450, inclusive, the state sealer of weights and measures shall [give] issue to the applicant a written permit authorizing its sale in this state for the fiscal year in which the inspection fee is paid.


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1999 Statutes of Nevada, Page 3602 (Chapter 640, AB 693)

 

the state sealer of weights and measures shall [give] issue to the applicant a written permit authorizing its sale in this state for the fiscal year in which the inspection fee is paid.

    3.  If the state sealer of weights and measures at a later date finds that [the] :

    (a) The product to be sold, displayed for sale or held with intent to sell has been materially altered or adulterated [, a] ;

    (b) A change has been made in the name, brand or trade-mark under which the antifreeze is sold [, or it] ; or

    (c) The antifreeze violates the provisions of NRS 590.340 to 590.450, inclusive,

he shall notify the applicant and the permit must be canceled forthwith.

    Sec. 14.  This act becomes effective upon passage and approval for the purpose of adopting regulations by the state board of agriculture to establish the fees specified in sections 2 to 13, inclusive, of this act and on January 1, 2000, for all other purposes.

________

 

CHAPTER 641, AB 696

Assembly Bill No. 696–Committee on Ways and Means

 

CHAPTER 641

 

AN ACT relating to Southern Nevada Correctional Center; authorizing the department of prisons to enter into a lease of the Southern Nevada Correctional Center; and providing other matters properly relating thereto.

 

[Approved June 11, 1999]

 

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

 

    Section 1.  As used in this act, unless the context otherwise requires:

    1.  “Committing jurisdiction” means the jurisdiction that convicted or committed a prisoner who is or is going to be confined at the Southern Nevada Correctional Center pursuant to a contract entered into pursuant to this act, including, without limitation, an agency of the Federal Government, an agency of another state or an agency of a political subdivision of this state.

    2.  “Department” means the department of prisons.

    3.  “Director” means the director of the department.

    4.  “Lessee” means a person, including, without limitation, an agency of the Federal Government, an agency of another state or an agency of a political subdivision of this state, who enters into a contract with the department to lease the Southern Nevada Correctional Center.

    5.  “Prisoner” means a person held in custody under process of law.

    Sec. 2.  1.  The department may request that proposals for a contract to lease the Southern Nevada Correctional Center be submitted to the department.

    2.  Except as otherwise provided in subsection 3, the department may enter into a contract, including, without limitation, an interlocal agreement, that meets the requirements of this act to lease the Southern Nevada Correctional Center for use as a juvenile or adult facility for keeping prisoners of a committing jurisdiction.


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1999 Statutes of Nevada, Page 3603 (Chapter 641, AB 696)

 

Correctional Center for use as a juvenile or adult facility for keeping prisoners of a committing jurisdiction.

    3.  The department may not enter into a contract with a lessee other than an agency of the Federal Government, an agency of another state or an agency of a political subdivision of this state to lease the Southern Nevada Correctional Center unless the lessee provides:

    (a) Evidence of his qualifications, experience and ability to comply with applicable court orders and correctional standards.

    (b) Evidence of past performance of similar contracts, including, without limitation, audited financial statements and other financial information as requested.

    (c) Management personnel necessary to carry out the terms of the contract.

    Sec. 3.  1.  A contract to lease the Southern Nevada Correctional Center must:

    (a) Be made on the best terms available for this state.

    (b) Be prepared by the attorney general.

    (c) Meet the requirements in section 4 of this act and contain any other covenants or agreements that are usual, necessary or prudent.

    (d) Be executed by this state and the lessee.

    (e) Be executed by the committing jurisdiction of each prisoner who is confined at the Southern Nevada Correctional Center. The committing jurisdiction of a prisoner at the Southern Nevada Correctional Center may execute the contract after the date the contract is executed by the lessee and this state if that committing jurisdiction executes the contract before the date the prisoner is confined at the Southern Nevada Correctional Center.

    2.  The director shall execute on behalf of this state any contract for the lease of the Southern Nevada Correctional Center pursuant to this act, subject to the approval of the state board of examiners.

    3.  A contract for the lease of the Southern Nevada Correctional Center entered into pursuant to this act is exempt from the provisions of NRS 321.003, 321.005 and 322.110.

    Sec. 4.  A contract to lease the Southern Nevada Correctional Center must provide that:

    1.  The director shall approve or disapprove the confinement of each prisoner at the Southern Nevada Correctional Center, including, without limitation, the return of a prisoner to the Southern Nevada Correctional Center after an escape from lawful custody by the prisoner or the transportation of the prisoner to the committing jurisdiction pursuant to subsection 2. The director may, as he deems appropriate in his sole discretion, order a prisoner to be returned to the committing jurisdiction at any time. Upon such a disapproval or order for the return of a prisoner by the director, the lessee shall transport the prisoner to the committing jurisdiction, if necessary, and the committing jurisdiction shall retain or accept the prisoner, as applicable. The lessee shall pay any costs of transportation pursuant to this subsection.

    2.  If a prisoner at the Southern Nevada Correctional Center escapes from lawful custody or engages in behavior that would be punishable if committed by a prisoner at a facility or institution of this state:


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1999 Statutes of Nevada, Page 3604 (Chapter 641, AB 696)

 

    (a) The office of the attorney general will prosecute the prisoner for the escape from lawful custody or other behavior pursuant to the law of this state if the Southern Nevada Correctional Center is being used as an adult facility and the district attorney will prosecute the prisoner for the escape from lawful custody or other behavior pursuant to the law of this state if the Southern Nevada Correctional Center is being used as a juvenile facility.

    (b) Unless the committing jurisdiction is an agency of a political subdivision of this state, upon the conviction, adjudication of delinquency, guilty plea or plea of nolo contendere of the prisoner in the prosecution pursuant to paragraph (a), and the resultant sentencing or committing of the prisoner to a term of confinement but not to death:

         (1) The lessee shall immediately transport the prisoner to the committing jurisdiction; and

         (2) The committing jurisdiction shall accept the prisoner for service of that term of commitment and for service of any time remaining in the term of commitment for which the prisoner was confined in the Southern Nevada Correctional Center.

    (c) Except as otherwise provided in this paragraph, the lessee and the committing jurisdiction are jointly and severally liable to this state for all costs incurred by this state or a political subdivision of this state associated with the investigation, prosecution, transportation or punishment of a prisoner pursuant to this subsection. The provisions of this paragraph must not be applied in a manner to make an agency of a political subdivision of this state liable to this state for such costs.

    3.  The lessee will maintain internal and perimeter security to protect the public, employees and prisoners.

    4.  If a prisoner at the Southern Nevada Correctional Center escapes from lawful custody:

    (a) The lessee shall immediately inform the department.

    (b) The lessee shall take reasonable steps necessary and prudent to recapture the prisoner.

    (c) The director may issue a warrant pursuant to NRS 212.030 for the recapture of the prisoner. Such a warrant is enforceable in the same manner and to the same extent as any other warrant issued pursuant to that section. If the Southern Nevada Correctional Center is being used as a juvenile facility, the director may issue a written order for the return of the prisoner to the Southern Nevada Correctional Center. All peace officers shall execute such an order in the same manner as provided for the execution of criminal process.

    5.  Except as otherwise provided in this subsection, the lessee and the committing jurisdiction are jointly and severally liable to this state for:

    (a) All costs incurred by this state or a political subdivision of this state that are associated with the recapture and return of a prisoner at the Southern Nevada Correctional Center who escapes from lawful custody.

    (b) The damages caused by the prisoner during the escape from lawful custody and at any time before the prisoner is recaptured.

The provisions of this subsection must not be applied in a manner to make an agency of a political subdivision of this state liable to this state for such costs or damages.


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1999 Statutes of Nevada, Page 3605 (Chapter 641, AB 696)

 

    6.  If a riot or other serious disturbance or emergency occurs at the Southern Nevada Correctional Center:

    (a) The lessee shall:

         (1) Immediately inform the department.

         (2) Take reasonable steps necessary and prudent to respond to the riot or other serious disturbance or emergency.

         (3) Unless the lessee is an agency of a political subdivision of this state, reimburse this state for all costs incurred by this state or a political subdivision of this state that are associated with the riot or other serious disturbance or emergency.

    (b) Any agency of this state or any agency of a political subdivision of this state may respond in a manner deemed appropriate by the director, including, without limitation, assisting to quell the riot or disturbance.

    7.  The lessee, other than an agency of a political subdivision of this state, shall indemnify this state, the political subdivisions of this state and their officers, agents and employees, for any liability for any claim or loss incurred by this state, a political subdivision of this state or their officers, agents and employees as a result of the contract, including, without limitation, liability for a civil rights claim or any other claim brought by or on behalf of a prisoner at the Southern Nevada Correctional Center. The provisions of this subsection do not deprive a lessee, this state, a political subdivision of this state or their officers, agents and employees of the benefits of any law that limits exposure to liability or damages.

    8.  The lessee, other than an agency of a political subdivision of this state, shall maintain a policy of liability insurance, in a form approved by the department, in an amount not less than the amount specified in the contract, listing this state, the political subdivisions of this state and their officers, agents and employees as insureds.

    9.  The lessee shall not release in this state a prisoner from the Southern Nevada Correctional Center without the permission of the department unless the committing jurisdiction of the prisoner is an agency of a political subdivision of this state.

    Sec. 5.  Unless the lessee is an agency of a political subdivision of this state, employees of the lessee who provide security at the Southern Nevada Correctional Center may only use such lawful force and exercise such lawful power as granted pursuant to the contract while:

    1.  Supervising a prisoner, at any location, if the prisoner is a prisoner from the Southern Nevada Correctional Center.

    2.  Transporting a prisoner to or from the Southern Nevada Correctional Center.

    3.  Pursuing a prisoner at the Southern Nevada Correctional Center who has escaped from lawful custody.

    Sec. 6.  1.  Except as otherwise provided in subsection 3, while a contract for the lease of the Southern Nevada Correctional Center as an adult facility is in effect, a prisoner at the Southern Nevada Correctional Center shall be deemed a prisoner of this state, and the Southern Nevada Correctional Center shall be deemed a prison, facility or institution of this state, for the purposes of chapter 212 of NRS, except for NRS 212.040 and 212.070.


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1999 Statutes of Nevada, Page 3606 (Chapter 641, AB 696)

 

    2.  While a contract for the lease of the Southern Nevada Correctional Center as a juvenile facility is in effect, a prisoner at the Southern Nevada Correctional Center shall be deemed a prisoner of this state, and the Southern Nevada Correctional Center shall be deemed a facility or institution of this state, for the purposes of chapter 62 of NRS.

    3.  For the purposes of prosecuting a person who is not a prisoner at the Southern Nevada Correctional Center for any unlawful conduct relating to a prisoner at the Southern Nevada Correctional Center, a prisoner at the Southern Nevada Correctional Center shall be deemed a prisoner of this state, and the Southern Nevada Correctional Center shall be deemed a prison, facility or institution of this state, including, without limitation, for the purposes of NRS 212.070.

    Sec. 7.  This act becomes effective on July 1, 1999.

________

 

CHAPTER 642, AB 373

Assembly Bill No. 373–Assemblymen Giunchigliani, Arberry, Parks, Williams, Collins, Manendo, Ohrenschall, Price, Gibbons, Berman, Chowning, Freeman, de Braga, Evans, Leslie, Nolan, Claborn, Mortenson, Lee, Neighbors, Buckley, Bache, Anderson, Perkins, Koivisto, McClain and Parnell

 

CHAPTER 642

 

AN ACT relating to health care; making various changes concerning certain health care facilities; requiring licensure of homes for individual residential care in certain counties; providing civil penalties; and providing other matters properly relating thereto.

 

[Approved June 11, 1999]

 

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

 

    Section 1.  Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

    Sec. 2.  A person who operates a residential facility for groups shall:

    1.  Post his license to operate the residential facility for groups; and

    2.  Post the rates for services provided by the residential facility for groups,

in a conspicuous place in the residential facility for groups.

    Sec. 3.  1.  Except as otherwise provided in subsection 5, a person must obtain a license from the board to operate a business that provides referrals to residential facilities for groups.

    2.  The board shall adopt:

    (a) Standards for the licensing of businesses that provide referrals to residential facilities for groups;

    (b) Standards relating to the fees charged by such businesses;

    (c) Regulations governing the licensing of such businesses; and

    (d) Regulations establishing requirements for training the employees of such businesses.

 


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1999 Statutes of Nevada, Page 3607 (Chapter 642, AB 373)

 

    3.  A licensed nurse, social worker, physician or hospital, or a provider of geriatric care who is licensed as a nurse or social worker, may provide referrals to residential facilities for groups through a business that is licensed pursuant to this section. The board may, by regulation, authorize a public guardian or any other person it determines appropriate to provide referrals to residential facilities for groups through a business that is licensed pursuant to this section.

    4.  A business that is licensed pursuant to this section or an employee of such a business shall not:

    (a) Refer a person to a residential facility for groups that is not licensed.

    (b) Refer a person to a residential facility for groups that is owned by the same person who owns the business.

A person who violates the provisions of this subsection is liable for a civil penalty to be recovered by the attorney general in the name of the state board of health for the first offense of not more than $10,000 and for a second or subsequent offense of not less than $10,000 nor more than $20,000. Unless otherwise required by federal law, the state board of health shall deposit all civil penalties collected pursuant to this section into a separate account in the state general fund to be used for the enforcement of this section and the protection of the health, safety, well‑being and property of residences of residential facilities for groups.

    5.  This section does not apply to a medical facility that is licensed pursuant to NRS 449.001 to 449.240, inclusive, this section and sections 2 and 4 of this act, on October 1, 1999.

    Sec. 4.  If the health division suspends or revokes the license of a person who operates a residential facility for groups for abuse, neglect or isolation of the occupants of the facility, the division shall suspend or revoke the license of all residential facilities for groups operated by that person. The person who operates the facility shall move all of the persons who are receiving services in the residential facilities for groups to other licensed residential facilities for groups at his own expense.

    Sec. 5.  The provisions of NRS 449.249, 449.2493 and 449.2496 apply to homes for individual residential care in a county whose population is less than 100,000.

    Sec. 6.  NRS 449.017 is hereby amended to read as follows:

    449.017  1.  Except as otherwise provided in subsection 2, “residential facility for groups” means an establishment that furnishes food, shelter, assistance and limited supervision to an aged, infirm, mentally retarded or handicapped person.

    2.  The term does not include:

    (a) An establishment which provides care only during the day;

    (b) [A natural person who provides care for no more than two persons in his own home;

    (c)] A natural person who provides care for one or more persons related to him within the third degree of consanguinity or affinity; [or

    (d)] (c) A facility funded by a division or program of the department of human resources [.] ; or

    (d) A home for individual residential care in a county whose population is less than 100,000.


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

1999 Statutes of Nevada, Page 3608 (Chapter 642, AB 373)

 

    Sec. 7.  NRS 449.030 is hereby amended to read as follows:

    449.030  1.  No person, state or local government or agency thereof may operate or maintain in this state any medical facility or facility for the dependent without first obtaining a license therefor as provided in NRS 449.001 to 449.240, inclusive [.] , and sections 2, 3 and 4 of this act.

    2.  Unless licensed as a facility for hospice care, a person, state or local government or agency thereof shall not operate a program of hospice care without first obtaining a license for the program from the board.

    Sec. 8.  NRS 449.037 is hereby amended to read as follows:

    449.037  1.  The board shall adopt:

    (a) Licensing standards for each class of medical facility or facility for the dependent covered by NRS 449.001 to 449.240, inclusive, and for programs of hospice care.

    (b) Regulations governing the licensing of such facilities and programs.

    (c) Regulations governing the procedure and standards for granting an extension of the time for which a natural person may provide certain care in his home without being considered a residential facility for groups pursuant to NRS 449.017. The regulations must require that such grants are effective only if made in writing.

    (d) Any other regulations as it deems necessary or convenient to carry out the provisions of NRS 449.001 to 449.240, inclusive.

    2.  The board shall adopt separate regulations governing the licensing and operation of:

    (a) Facilities for the care of adults during the day; and

    (b) Residential facilities for groups,

which provide care to persons with Alzheimer’s disease.

    3.  The board shall adopt separate regulations for the licensure of rural hospitals which take into consideration the unique problems of operating such a facility in a rural area.

    4.  The board shall require that the practices and policies of each medical facility or facility for the dependent provide adequately for the protection of the health, safety and physical, moral and mental well-being of each person accommodated in the facility.

    5.  The board shall establish minimum qualifications for administrators and employees of residential facilities for groups. In establishing the qualifications, the board shall consider the related standards set by nationally recognized organizations which accredit such facilities.

    6.  The board shall adopt separate regulations regarding the assistance which may be given pursuant to NRS 453.375 and 454.213 to an ultimate user of controlled substances or dangerous drugs by employees of residential facilities for groups. The regulations must require at least the following conditions before such assistance may be given:

    (a) The ultimate user’s physical and mental condition is stable and is following a predictable course.

    (b) The amount of the medication prescribed is at a maintenance level and does not require a daily assessment.

    (c) A written plan of care by a physician or registered nurse has been established that:


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1999 Statutes of Nevada, Page 3609 (Chapter 642, AB 373)

 

         (1) Addresses possession and assistance in the administration of the medication; and

         (2) Includes a plan, which has been prepared under the supervision of a registered nurse or licensed pharmacist, for emergency intervention if an adverse condition results.

    (d) The prescribed medication is not administered by injection or intravenously.

    (e) The employee has successfully completed training and examination approved by the health division regarding the authorized manner of assistance.

    7.  The board shall, if it determines necessary, adopt regulations and requirements to ensure that each residential facility for groups and its staff are prepared to respond to an emergency, including, without limitation:

    (a) The adoption of plans to respond to a natural disaster and other types of emergency situations, including, without limitation, an emergency involving fire;

    (b) The adoption of plans to provide for the evacuation of a residential facility for groups in an emergency, including, without limitation, plans to ensure that nonambulatory patients may be evacuated;

    (c) Educating the residents of residential facilities for groups concerning the plans adopted pursuant to paragraphs (a) and (b); and

    (d) Posting the plans or a summary of the plans adopted pursuant to paragraphs (a) and (b) in a conspicuous place in each residential facility for groups.

    Sec. 9.  NRS 449.210 is hereby amended to read as follows:

    449.210  [Any]

    1.  Except as otherwise provided in subsections 2 and 3, a person who operates a medical facility or facility for the dependent without a license issued by the health division is guilty of a misdemeanor.

    2.  A person who operates a residential facility for groups without a license issued by the health division:

    (a) Is liable for a civil penalty to be recovered by the attorney general in the name of the health division for the first offense of not more than $10,000 and for a second or subsequent offense of not less than $10,000 nor more than $20,000;

    (b) Shall be required to move all of the persons who are receiving services in the residential facility for groups to a residential facility for groups that is licensed at his own expense; and

    (c) May not apply for a license to operate a residential facility for groups for a period of 6 months after he is punished pursuant to this section.

    3.  Unless otherwise required by federal law, the health division shall deposit all civil penalties collected pursuant to this section into a separate account in the state general fund to be used for the protection of the health, safety and well‑being of patients including residents of residential facilities for groups.


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

1999 Statutes of Nevada, Page 3610 (Chapter 642, AB 373)

 

    Sec. 10.  NRS 449.230 is hereby amended to read as follows:

    449.230  1.  Any authorized member or employee of the health division may enter and inspect any building or premises at any time to secure compliance with or prevent a violation of any provision of NRS 449.001 to 449.245, inclusive.

    2.  The state fire marshal or his designee shall, upon receiving a request from the health division or a written complaint concerning compliance with the plans and requirements to respond to an emergency adopted pursuant to subsection 7 of NRS 449.037:

    (a) Enter and inspect a residential facility for groups; and

    (b) Make recommendations regarding the adoption of plans and requirements pursuant to subsection 7 of NRS 449.037,

to ensure the safety of the residents of the facility in an emergency.

    3.  The state health officer or his designee shall enter and inspect at least annually each building or the premises of a residential facility for groups to ensure compliance with standards for health and sanitation.

    4.  An authorized member or employee of the health division shall enter and inspect any building or premises operated by a residential facility for groups within 72 hours after the health division is notified that a residential facility for groups is operating without a license.

    Sec. 11.  NRS 654.190 is hereby amended to read as follows:

    654.190  1.  The board may, after notice and hearing, impose an administrative fine of not more than $2,500 on and suspend or revoke the license of any nursing facility administrator or administrator of a residential facility for groups who:

    (a) Is convicted of a felony, or of any offense involving moral turpitude.

    (b) Has obtained his license by the use of fraud or deceit.

    (c) Violates any of the provisions of this chapter.

    (d) Aids or abets any person in the violation of any of the provisions of NRS 449.001 to 449.240, inclusive, or section 2, 3 or 4 of this act, as those provisions pertain to a facility for skilled nursing, facility for intermediate care or residential facility for groups.

    (e) Violates any regulation of the board prescribing additional standards of conduct for nursing facility administrators or administrators of residential facilities for groups.

    2.  The board shall give a licensee against whom proceedings are brought pursuant to this section written notice of a hearing not less than 10 days before the date of the hearing.

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

    Sec. 11.5.  Section 1 of Assembly Bill No. 167 of this session is hereby amended to read as follows:

   Section 1.  NRS 449.017 is hereby amended to read as follows:

     449.017  1.  Except as otherwise provided in subsection 2, “residential facility for groups” means an establishment that furnishes food, shelter, assistance and limited supervision to [:

     (a) Any] an aged, infirm, mentally retarded or handicapped person . [; or


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1999 Statutes of Nevada, Page 3611 (Chapter 642, AB 373)

 

     (b) Four or more females during pregnancy or after delivery.]

     2.  The term does not include:

     (a) An establishment which provides care only during the day;

     (b) A natural person who provides care for no more than two persons in his own home;

     (c) A natural person who provides care for one or more persons related to him within the third degree of consanguinity or affinity; or

   (d) A facility funded by [the welfare] a division or [the division of mental health and developmental services] program of the department of human resources.

    Sec. 12.  1.  Notwithstanding the provisions of NRS 449.017, as amended by this act, and NRS 449.030, a person who is operating a home for individual residential care on October 1, 1999, in a county whose population is 100,000 or more, which is registered with the health division of the department of human resources pursuant to NRS 449.249, may continue to operate the home for individual residential care pursuant to the provisions of NRS 449.0105 to 449.2496, inclusive, and the regulations adopted pursuant thereto, as those provisions existed on October 1, 1999, until January 1, 2000, without becoming licensed as a residential facility for groups, but must either become licensed as a residential facility for groups on or before January 1, 2000, or cease operation on that date.

    2.  On or before November 1, 1999, the health division of the department of human resources shall provide a copy of the provisions of subsection 1 to each home for individual residential care that is registered pursuant to NRS 449.249 on October 1, 1999, in a county whose population is 100,000 or more.

    3.  The health and aging services divisions of the department of human resources shall continue to perform the duties prescribed by the provisions of NRS 449.0105 to 449.2496, inclusive, and the regulations adopted pursuant thereto, as those provisions existed on October 1, 1999, as to each home for individual residential care which continues to operate after October 1, 1999, in a county whose population is 100,000 or more, pursuant to subsection 1 until January 1, 2000, or the date on which there are no such homes remaining in such counties, whichever is earlier.

    Sec. 13.  1.  This section and sections 1, 2, 4, 5 and 7 to 12, inclusive, of this act become effective on October 1, 1999.

    2.  Section 6 of this act becomes effective at 12:01 a.m. on October 1, 1999.

    3.  Section 3 of this act becomes effective upon passage and approval for the purpose of adopting standards and regulations, and on January 1, 2000, for all other purposes.

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1999 Statutes of Nevada, Page 3612

 

CHAPTER 643, AB 306

Assembly Bill No. 306–Assemblymen Giunchigliani, Buckley, Arberry, Anderson, Bache, Freeman, Tiffany, Parnell, de Braga, Williams, Parks, Segerblom, Collins, Manendo, Ohrenschall and Goldwater

 

CHAPTER 643

 

AN ACT relating to community redevelopment; restricting the power of eminent domain of a redevelopment agency in certain counties; authorizing the creation of advisory councils for redevelopment within redevelopment areas; authorizing the funding of such councils; revising the provisions governing the setting aside of money for low income housing in certain cities; making various changes relating to relocation benefits; and providing other matters properly relating thereto.

 

[Approved June 11, 1999]

 

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

 

    Section 1.  Chapter 279 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  In a county whose population is 100,000 or more, an agency may exercise the power of eminent domain to acquire property for a redevelopment project only if:

    (a) The property sought to be acquired is necessary to carry out the redevelopment plan;

    (b) The agency has adopted a resolution of necessity that complies with the requirements set forth in subsection 2; and

    (c) The agency has made every reasonable effort to negotiate the purchase of the property.

    2.  A resolution of necessity required pursuant to paragraph (b) of subsection 1 must set forth:

    (a) A statement that the property will be acquired for purposes of redevelopment as authorized pursuant to subsection 17 of NRS 37.010 and subsection 2 of NRS 279.470;

    (b) A reasonably detailed description of the property to be acquired;

    (c) A finding by the agency that the public interest and necessity require the acquisition of the property;

    (d) A finding by the agency that acquisition of the property will be the option for redevelopment that is most compatible with the greatest public good and the least private injury; and

    (e) A finding by the agency that acquisition of the property is necessary for purposes of redevelopment.

    3.  After an agency adopts a resolution of necessity, the resolution so adopted and the findings set forth in the resolution are final and conclusive and are not subject to judicial review unless credible evidence is adduced to suggest that the resolution or the findings set forth therein were procured through bribery or fraud.

    Sec. 2.  NRS 279.382 is hereby amended to read as follows:

    279.382  The provisions contained in NRS 279.382 to 279.685, inclusive, and section 1 of this act may be cited as the Community Redevelopment Law.


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1999 Statutes of Nevada, Page 3613 (Chapter 643, AB 306)

 

    Sec. 3.  NRS 279.438 is hereby amended to read as follows:

    279.438  A redevelopment plan adopted before July 1, 1987, and any amendments to the plan must terminate at the end of the fiscal year in which the principal and interest of the last maturing of the securities issued before that date are fully paid or [at the time provided in NRS 279.439,] 45 years after the date on which the original redevelopment plan was adopted, whichever is later.

    Sec. 4.  NRS 279.468 is hereby amended to read as follows:

    279.468  An agency may:

    1.  From time to time prepare plans for the improvement, rehabilitation and redevelopment of blighted areas.

    2.  Disseminate redevelopment information.

    3.  Accept financial or other assistance from any public or private source, for the agency’s activities, powers and duties, and expend any funds so received for any of the purposes of NRS 279.382 to 279.685, inclusive.

    4.  For each neighborhood within the redevelopment area, create a residential plan for the neighborhood or appoint an advisory council for redevelopment and delegate the authority to create the residential plan to the advisory council. A residential plan created by an advisory council must be approved by the agency, and each residential plan created pursuant to this subsection must include a financing plan.

    5.  Include in its budget all money received from any source, including, without limitation, money received from a local government for use by an advisory council in carrying out a residential plan approved by the agency.

    Sec. 5.  NRS 279.470 is hereby amended to read as follows:

    279.470  Within the redevelopment area or for purposes of redevelopment an agency may:

    1.  Purchase, lease, obtain option upon, acquire by gift, grant, bequest, devise or otherwise, any real or personal property, any interest in property and any improvements thereon.

    2.  [Acquire] Except as otherwise provided in section 1 of this act, acquire real property by eminent domain.

    3.  Clear buildings, structures or other improvements from any real property acquired.

    4.  Sell, lease, exchange, subdivide, transfer, assign, pledge, encumber by mortgage, deed of trust or otherwise, or otherwise dispose of any real or personal property or any interest in property.

    5.  Insure or provide for the insurance of any real or personal property or operations of the agency against risks or hazards.

    6.  Rent, maintain, manage, operate, repair and clear such real property.

    Sec. 6.  NRS 279.478 is hereby amended to read as follows:

    279.478  1.  An agency shall provide assistance for relocation and shall make all [of] the payments required [in] by chapter 342 of NRS and the regulations adopted by the director of the department of transportation pursuant [to NRS 342.005] thereto for programs or projects for which federal financial assistance is received to pay all or any part of the cost of that program or project.


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1999 Statutes of Nevada, Page 3614 (Chapter 643, AB 306)

 

    2.  This section does not limit any other authority which an agency may have to make other payments for assistance for relocation or to make any payment for that assistance which exceeds the amount authorized in regulations adopted by the director of the department of transportation pursuant to chapter 342 of NRS . [342.105.]

    Sec. 7.  NRS 279.482 is hereby amended to read as follows:

    279.482  1.  An agency may obligate lessees or purchasers of property acquired in a redevelopment project to:

    (a) Use the property for the purpose designated in the redevelopment plans.

    (b) Begin the redevelopment of the area within a period of time which the agency fixes as reasonable.

    (c) Comply with other conditions which the agency deems necessary to carry out the purposes of NRS 279.382 to 279.685, inclusive [.] , including, without limitation, the provisions of an employment plan or a contract approved for a redevelopment project.

    2.  As appropriate for the particular project, each proposal for a redevelopment project must also include an employment plan. The employment plan must include:

    (a) A description of the existing opportunities for employment within the area;

    (b) A projection of the effect that the redevelopment project will have on opportunities for employment within the area; and

    (c) A description of the manner in which an employer relocating his business into the area plans to employ persons living within the area of operation who are:

         (1) Economically disadvantaged;

         (2) Physically handicapped;

         (3) Members of racial minorities;

         (4) Veterans; or

         (5) Women.

    Sec. 8.  NRS 279.566 is hereby amended to read as follows:

    279.566  1.  Every redevelopment plan must provide for the participation and assistance in the redevelopment of property in the redevelopment area by the owners of all or part of that property if the owners agree to participate in conformity with the redevelopment plan adopted by the legislative body for the area.

    2.  With respect to each redevelopment area, each agency shall, before the adoption of the redevelopment plan, adopt and make available for public inspection rules to implement the operation of this section in connection with that plan.

    3.  Every redevelopment plan must contain [alternative] provisions for redevelopment of the property if the owners fail to participate in the redevelopment . [as agreed.]

    Sec. 9.  NRS 279.680 is hereby amended to read as follows:

    279.680  [In] Except as otherwise provided in NRS 279.685, in any redevelopment plan, or in the proceedings for the advance of money, or the making of loans, or the incurring of any indebtedness, whether funded, refunded, assumed or otherwise, by the redevelopment agency to finance or refinance, in whole or in part, the redevelopment project, the portion of taxes mentioned in paragraph (b) of subsection 1 of NRS 279.676 may be irrevocably pledged for the payment of the principal of and interest on those loans, advances or indebtedness.


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1999 Statutes of Nevada, Page 3615 (Chapter 643, AB 306)

 

refinance, in whole or in part, the redevelopment project, the portion of taxes mentioned in paragraph (b) of subsection 1 of NRS 279.676 may be irrevocably pledged for the payment of the principal of and interest on those loans, advances or indebtedness.

    Sec. 10.  NRS 279.685 is hereby amended to read as follows:

    279.685  1.  Except as otherwise provided in [subsection 2 or 3,] this section, an agency of a city whose population is 200,000 or more that receives revenue from taxes pursuant to paragraph (b) of subsection 1 of NRS 279.676 shall set aside not less than 15 percent of that revenue received on or before October 1, 1999, and 18 percent of that revenue received after October 1, 1999, to increase, improve and preserve the number of dwelling units in the community for low-income households.

    2.  The obligation of an agency to set aside not less than 15 percent of the revenue from taxes allocated to and received by the agency pursuant to paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any existing obligations of the agency. As used in this subsection, “existing obligations” means the principal and interest, when due, on any bonds, notes or other indebtedness whether funded, refunded, assumed or otherwise incurred by the agency before July 1, 1993, to finance or refinance in whole or in part, the redevelopment of a redevelopment area. For the purposes of this subsection, obligations incurred by an agency after July 1, 1993, shall be deemed existing obligations if the net proceeds are used to refinance existing obligations of the agency.

    3.  The obligation of an agency to set aside an additional 3 percent of the revenue from taxes allocated to and received by the agency pursuant to paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any existing obligations of the agency. As used in this subsection, “existing obligations” means the principal and interest, when due, on any bonds, notes or other indebtedness whether funded, refunded, assumed or otherwise incurred by the agency before October 1, 1999, to finance or refinance in whole or in part, the redevelopment of a redevelopment area. For the purposes of this subsection, obligations incurred by an agency after October 1, 1999, shall be deemed existing obligations if the net proceeds are used to refinance existing obligations of the agency.

    4.  The agency may expend or otherwise commit money for the purposes of subsection 1 outside the boundaries of the redevelopment area.

    Sec. 11.  NRS 342.045 is hereby amended to read as follows:

    342.045  Before undertaking a project that will result in the displacement of a natural person or a business, each governmental body , or person acting on behalf of, under contract with or in cooperation with the governmental body, shall adopt policies pursuant to NRS 342.015 to 342.075, inclusive, to provide relocation assistance and make relocation payments to each person , whether an owner or a tenant, who is displaced from his dwelling or business establishment as a result of the acquisition of property in a manner substantially similar to and in amounts equal to or greater than those which are provided for in the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. งง 4601-4655, and the regulations adopted pursuant thereto. Nothing in this section prohibits the payment of relocation benefits to a renter or lessee of real property whose tenancy is from month to month.


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1999 Statutes of Nevada, Page 3616 (Chapter 643, AB 306)

 

payment of relocation benefits to a renter or lessee of real property whose tenancy is from month to month.

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CHAPTER 644, AB 698

Assembly Bill No. 698–Committee on Ways and Means

 

CHAPTER 644

 

AN ACT relating to retirement; requiring the Legislative Commission to conduct an interim study of the pension plan for certain justices and judges; authorizing an expenditure by the Public Employees’ Retirement System to assist in carrying out the study; and providing other matters properly relating thereto.

 

[Approved June 11, 1999]

 

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

 

    Section 1.  1.  The Legislative Commission shall appoint a subcommittee of four legislators selected as follows:

    (a) Two members of the Assembly, one of whom must be appointed as the chairman of the subcommittee; and

    (b) Two members of the Senate,

to conduct an interim study of the pension plan for justices of the supreme court and judges of the district courts of this state.

    2.  The study must include an analysis of:

    (a) The actuarial soundness of the current method of funding the pension plan;

    (b) An alternative to the current method of funding the pension plan modeled on the method of funding the Public Employees’ Retirement System, and the actuarial soundness of such an alternative; and

    (c) Any other alternatives to the current method of funding the pension plan that the subcommittee determines to be actuarially sound.

If the subcommittee considers the addition of justices of the peace or judges of the municipal courts to the current pension plan, the study must include an additional, similar analysis relating to that inclusion.

    3.  The Public Employees’ Retirement System shall provide such advice and assistance to the subcommittee as may be requested by the subcommittee to carry out the provisions of this act.

    4.  Any recommended legislation proposed by the subcommittee must be approved by an affirmative vote of not less than three members of the subcommittee. The subcommittee shall deliver a report of its findings and any recommended legislation to the Legislative Commission.

    Sec. 2.  The Public Employees’ Retirement System may expend not more than $30,000 from the public employees’ retirement fund to provide the advice and assistance requested by the subcommittee pursuant to subsection 3 of section 1 of this act.

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

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