Link to Page 288

 

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ê2001 Statutes of Nevada, Page 289 (Chapter 12, AB 84)ê

 

    Sec. 4.  NRS 548.380 is hereby amended to read as follows:

    548.380  In addition to other powers granted in this chapter, a district and the supervisors thereof [shall have the power:

    1.  To manage] may:

    1.  Manage or administer any project for the conservation of a renewable natural resource [conservation project] located within its boundaries undertaken by [the United States or any of its agencies, or by this state or any of its agencies.

    2.  To act as agent for the United States, or any of its agencies, or for this state or any of its agencies,] any person, municipal corporation or government.

    2.  Act as an agent of any person, municipal corporation or government in connection with the acquisition, construction, operation or administration of any project for the conservation of a renewable natural resource [conservation project] within its boundaries.

    3.  [To accept] Accept donations, gifts and contributions in money, services, materials or [otherwise from the United States or any of its agencies, or from this state or any of its agencies, and to] any other form from any source, and use or expend such [moneys,] money, services, materials or other contributions in carrying on its operations.

    4.  [To participate] Participate in cost-sharing on federally financed projects.

    Sec. 5.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 13, SB 59

Senate Bill No. 59–Senator Coffin

 

CHAPTER 13

 

AN ACT relating to taxes on motor vehicles; changing the designation of privilege taxes to governmental services taxes; and providing other matters properly relating thereto.

 

[Approved: April 9, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 361.1565 is hereby amended to read as follows:

    361.1565  The personal property tax exemption to which a widow, orphan child, blind person, veteran or surviving spouse of a disabled veteran is entitled [under] pursuant to NRS 361.080, 361.085, 361.090 or 361.091 is reduced to the extent that he is allowed an exemption from the [vehicle privilege tax under] governmental services tax pursuant to chapter 371 of NRS.

    Sec. 2.  NRS 371.010 is hereby amended to read as follows:

    371.010  This chapter [shall be known and] may be cited as the [Vehicle Privilege] Governmental Services Tax Law.

    Sec. 3.  NRS 371.030 is hereby amended to read as follows:

    371.030  A basic tax for governmental services is hereby imposed for the privilege of operating any vehicle upon the public highways of this state. Such tax [shall be] is imposed in lieu of all taxes based on value and levied for state or local purpose on such vehicles.


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ê2001 Statutes of Nevada, Page 290 (Chapter 13, SB 59)ê

 

    Sec. 4.  NRS 371.040 is hereby amended to read as follows:

    371.040  The annual amount of the basic [privilege] governmental services tax throughout the state is 4 cents on each $1 of valuation of the vehicle as determined by the department.

    Sec. 5.  NRS 371.045 is hereby amended to read as follows:

    371.045  1.  A board of county commissioners may by ordinance, but not as in a case of emergency, after receiving the approval of a majority of the registered voters voting on the question at a primary, general or special election, impose a supplemental [privilege] governmental services tax of not more than 1 cent on each $1 of valuation of the vehicle for the privilege of operating upon the public streets, roads and highways of the county on each vehicle based in the county except:

    (a) A vehicle exempt from the [motor vehicle privilege] governmental services tax pursuant to this chapter; or

    (b) A vehicle subject to NRS 706.011 to 706.861, inclusive, which is engaged in interstate or intercounty operations.

    2.  A county may combine this question with questions submitted pursuant to NRS 244.3351, 278.710 or 377A.020, or any combination thereof.

    3.  A special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the county or to enable the board to provide an essential service to the residents of the county.

    4.  Collection of the tax imposed pursuant to this section must not commence earlier than the first day of the second calendar month after adoption of the ordinance imposing the tax.

    5.  Except as otherwise provided in subsection 6 and NRS 371.047, the county shall use the proceeds of the tax to pay the cost of:

    (a) Projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways and other public rights of way used primarily for vehicular traffic, including, without limitation, overpass projects, street projects or underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, within the boundaries of the county or within 1 mile outside those boundaries if the board of county commissioners finds that such projects outside the boundaries of the county will facilitate transportation within the county;

    (b) Payment of principal and interest on notes, bonds or other obligations incurred to fund projects described in paragraph (a); or

    (c) Any combination of those uses.

    6.  The county may expend the proceeds of the supplemental [privilege] governmental services tax authorized by this section and NRS 371.047, or any borrowing in anticipation of that tax, pursuant to an interlocal agreement between the county and the regional transportation commission of the county with respect to the projects to be financed with the proceeds of the tax.


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ê2001 Statutes of Nevada, Page 291 (Chapter 13, SB 59)ê

 

    7.  As used in this section, “based” has the meaning ascribed to it in  NRS 482.011.

    Sec. 6.  NRS 371.060 is hereby amended to read as follows:

    371.060  1.  Except as otherwise provided in subsection 2, each vehicle must be depreciated by the department for the purposes of the annual [privilege] governmental services tax according to the following schedule:

 

                                                                                                       Percentage of

    Age                                                                                             Initial Value

 

New.............................................................................................. 100 percent

1 year............................................................................................. 85 percent

2 years........................................................................................... 75 percent

3 years........................................................................................... 65 percent

4 years........................................................................................... 55 percent

5 years........................................................................................... 45 percent

6 years........................................................................................... 35 percent

7 years........................................................................................... 25 percent

8 years........................................................................................... 15 percent

9 years or more............................................................................... 5 percent

 

    2.  Each bus, truck or truck tractor having a declared gross weight of 10,000 pounds or more and each trailer or semitrailer having an unladen weight of 4,000 pounds or more must be depreciated by the department for the purposes of the annual [privilege] governmental services tax according to the following schedule:

 

                                                                                                       Percentage of

    Age                                                                                             Initial Value

 

New............................................................................................... 100 percent

1 year.............................................................................................. 75 percent

2 years............................................................................................ 59 percent

3 years............................................................................................ 47 percent

4 years............................................................................................ 37 percent

5 years............................................................................................ 28 percent

6 years............................................................................................ 23 percent

7 years............................................................................................ 20 percent

8 years............................................................................................ 17 percent

9 years............................................................................................ 15 percent

10 years or more........................................................................... 13 percent

 

    3.  Notwithstanding any other provision of this section, the minimum amount of [privilege] the governmental services tax:

    (a) On any trailer having an unladen weight of 1,000 pounds or less is $3; and

    (b) On any other vehicle is $6.

    4.  For the purposes of this section, a vehicle shall be deemed a “new” vehicle if the vehicle has never been registered with the department and has never been registered with the appropriate agency of any other state, the District of Columbia, any territory or possession of the United States or any foreign state, province or country.


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ê2001 Statutes of Nevada, Page 292 (Chapter 13, SB 59)ê

 

    Sec. 7.  NRS 371.070 is hereby amended to read as follows:

    371.070  Upon vehicles registered for the first time in this state after the beginning of the registration year, the amount of the [privilege tax shall] governmental services tax must be reduced one-twelfth for each month which has elapsed since the beginning of such year.

    Sec. 8.  NRS 371.080 is hereby amended to read as follows:

    371.080  If any vehicle which is exempt from the [privilege tax under] governmental services tax pursuant to NRS 371.100 ceases to be exempt after the beginning of the registration year by reason of a change of ownership, the amount of the [privilege tax shall] tax must be reduced one-twelfth for each month which has elapsed since the beginning of [such] that year.

    Sec. 9.  NRS 371.085 is hereby amended to read as follows:

    371.085  Interstate motor carriers who register under the Interstate Highway User Fee Apportionment Act or NRS 482.482 may prorate their [vehicle privilege] governmental services tax by the same percentages as those set out in subsection 2 of NRS 706.841 or NRS 706.861.

    Sec. 10.  NRS 371.100 is hereby amended to read as follows:

    371.100  1.  The [privilege] governmental services tax imposed by this chapter does not apply to vehicles owned by the United States, the State of Nevada, any political subdivision of the State of Nevada, or any county, municipal corporation, city, unincorporated town or school district in the State of Nevada, or to vehicles for whose operation money is provided by the state or Federal Government and which are operated solely for the transportation of or furnishing services to elderly or handicapped persons, or to the emergency vehicles owned by any volunteer fire department or volunteer ambulance service based in this state.

    2.  Any vehicle which ceases to be used exclusively for the purpose for which it is exempted from the [privilege] governmental services tax by this section becomes immediately subject to that tax.

    3.  Except as otherwise provided in subsection 4, vehicles exempted from the [privilege] governmental services tax by this section which are leased, loaned or otherwise made available to and used by a private person, association or corporation in connection with a business conducted for profit are subject to taxation in the same amount and to the same extent as though the lessee or user were the owner of such vehicle.

    4.  Vehicles which are used by a private person and are dedicated for exclusive use as part of a system which:

    (a) Operates vehicles for public transportation in an urban area;

    (b) Transports persons who pay the established fare; and

    (c) Uses public money to operate the system or acquire new  equipment,

are exempted from the [privilege] governmental services tax imposed by this chapter.

    Sec. 11.  NRS 371.104 is hereby amended to read as follows:

    371.104  1.  A bona fide resident of the State of Nevada who has incurred a permanent service-connected disability and has been honorably discharged from the Armed Forces of the United States, or his surviving spouse, is entitled to a veteran’s exemption from the payment of [vehicle privilege] governmental services taxes on vehicles of the following determined valuations:


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ê2001 Statutes of Nevada, Page 293 (Chapter 13, SB 59)ê

 

    (a) If he has a disability of 100 percent, the first $10,000 of determined valuation;

    (b) If he has a disability of 80 to 99 percent, inclusive, the first $7,500 of determined valuation; or

    (c) If he has a disability of 60 to 79 percent, inclusive, the first $5,000 of determined valuation.

    2.  For the purpose of this section, the first $10,000 determined valuation of vehicles in which an applicant has any interest shall be deemed to belong entirely to that person.

    3.  A person claiming the exemption shall file annually with the department in the county where the exemption is claimed an affidavit declaring that he is a bona fide resident of the State of Nevada who meets all the other requirements of subsection 1, and that the exemption is claimed in no other county within this state. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.

    4.  Before allowing any exemption pursuant to the provisions of this section, the department shall require proof of the applicant’s status, and for that purpose shall require production of:

    (a) A certificate from the Department of Veterans Affairs that the veteran has incurred a permanent service-connected disability, which shows the percentage of that disability; and

    (b) Any one of the following:

         (1) An honorable discharge;

         (2) A certificate of satisfactory service; or

         (3) A certified copy of either of these documents.

    5.  A surviving spouse claiming an exemption pursuant to this section must file with the department in the county where the exemption is claimed an affidavit declaring that:

    (a) The surviving spouse was married to and living with the disabled veteran for the 5 years preceding his death;

    (b) The disabled veteran was eligible for the exemption at the time of his death; and

    (c) The surviving spouse has not remarried.

The affidavit required by this subsection is in addition to the certification required pursuant to subsections 3 and 4. After the filing of the original affidavit required by this subsection, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.

    6.  If a tax exemption is allowed under this section, the claimant is not entitled to an exemption under NRS 371.103.

    7.  If any person makes a false affidavit or produces false proof to the department, and as a result of the false affidavit or false proof, the person is allowed a tax exemption to which he is not entitled, he is guilty of a gross misdemeanor.

    Sec. 12.  NRS 371.105 is hereby amended to read as follows:

    371.105  Claims pursuant to NRS 371.101, 371.102, 371.103 or 371.104 for tax exemption on the [vehicle privilege] governmental services tax and designations of any amount to be credited to the veterans’ home account pursuant to NRS 371.1035 must be filed annually at any time on or before the date when payment of the tax is due.


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ê2001 Statutes of Nevada, Page 294 (Chapter 13, SB 59)ê

 

designations of any amount to be credited to the veterans’ home account pursuant to NRS 371.1035 must be filed annually at any time on or before the date when payment of the tax is due. All exemptions provided for in this section must not be in an amount which gives the taxpayer a total exemption greater than that to which he is entitled during any fiscal year.

    Sec. 13.  NRS 371.110 is hereby amended to read as follows:

    371.110  Except as otherwise provided in NRS 482.482, the [privilege] governmental services tax is due on the first day of the registration year for the vehicle concerned and must be paid at the same time as, and in conjunction with, the registration or renewal of registration of the vehicle.

    Sec. 14.  NRS 371.120 is hereby amended to read as follows:

    371.120  The department shall collect the [privilege] governmental services tax and issue to each person who pays the tax a receipt [which shall sufficiently identify] that sufficiently identifies the vehicle upon which the tax is paid.

    Sec. 15.  NRS 371.130 is hereby amended to read as follows:

    371.130  Whenever any vehicle is operated upon any highway of this state without the [privilege] governmental services tax having first been paid as required in this chapter, the tax is delinquent.

    Sec. 16.  NRS 371.140 is hereby amended to read as follows:

    371.140  1.  Except as otherwise provided in subsection 3 and NRS 482.482, if the [privilege] governmental services tax for a vehicle for the next period of registration is not paid before the expiration of the current period of registration for that vehicle, a penalty equal to 10 percent of the tax due, but not less than $6, plus the amount of the delinquent tax, must be added to the [privilege] governmental services tax due for the next period of registration, unless the vehicle has not been operated on the highways since the expiration of the prior registration. The department may retain any penalty so collected.

    2.  Evidence of the nonoperation of a vehicle must be made by an affidavit executed by a person having knowledge of the fact. The affidavit must accompany the application for renewal of registration.

    3.  The provisions of this section do not apply to vehicles registered pursuant to NRS 706.841.

    Sec. 17.  NRS 371.170 is hereby amended to read as follows:

    371.170  No penalty [shall] may be assessed for the delinquent payment of a [privilege] governmental services tax if:

    1.  [Subsequent to] After the date the tax became due, the vehicle is repossessed on behalf of the legal owner;

    2.  The tax is paid within 30 days [of] after taking possession; and

    3.  A transfer of registration to a new owner is applied for during [such] that time.

    Sec. 18.  NRS 371.180 is hereby amended to read as follows:

    371.180  If a transferee applies for a transfer of registration and it is determined by the department that [privilege tax] penalties for the nonpayment of the governmental services tax accrued [prior to] before the transfer of the vehicle, and that the transferee was not cognizant of the nonpayment of the [privilege] governmental services tax for the current or prior years, and the whereabouts of the transferor or record owner are unknown, the department may waive payment of the penalties upon payment of the [privilege] governmental services taxes due.


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ê2001 Statutes of Nevada, Page 295 (Chapter 13, SB 59)ê

 

    Sec. 19.  NRS 371.190 is hereby amended to read as follows:

    371.190  1.  Every [privilege] governmental services tax and any penalty added thereto constitute a lien upon the vehicle for which due from the date on which the tax becomes due.

    2.  The department may collect the tax and any penalty by seizure and sale of the vehicle or, if the department determines that it is impractical to seize and sell [such] the vehicle, the Nevada highway patrol shall remove the registration certificate and license plates from [such] the vehicle and retain [such] the certificate and plates until the [privilege] governmental services tax and any penalty are paid.

    3.  The seizure and sale [shall] must be conducted by the department in the same manner as is provided by law for the seizure and sale of personal property for the collection of taxes due on personal property.

    Sec. 20.  NRS 371.220 is hereby amended to read as follows:

    371.220  If the department erroneously collects any [privilege] governmental services tax or penalty not required to be paid under the provisions of this chapter, the amount [shall] must be refunded to the person who paid it upon application therefor within 3 years after the date of the payment.

    Sec. 21.  NRS 371.230 is hereby amended to read as follows:

    371.230  Except as otherwise provided in NRS 371.1035 or 482.180, money collected by the department for [privilege] governmental services taxes and penalties pursuant to the provisions of this chapter must be deposited with the state treasurer to the credit of the motor vehicle fund.

    Sec. 22.  NRS 374.785 is hereby amended to read as follows:

    374.785  1.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to counties under this chapter must be paid to the department in the form of remittances payable to the department.

    2.  The department shall deposit the payments in the state treasury to the credit of the sales and use tax account in the state general fund.

    3.  The state controller, acting upon the collection data furnished by the department, shall, each month, from the sales and use tax account in the state general fund:

    (a) Transfer .75 percent of all fees, taxes, interest and penalties collected in each county during the preceding month to the appropriate account in the state general fund as compensation to the state for the costs of collecting the tax.

    (b) Transfer .75 percent of all fees, taxes, interest and penalties collected during the preceding month from out-of-state businesses not maintaining a fixed place of business within this state to the appropriate account in the state general fund as compensation to the state for the costs of collecting the tax.

    (c) Determine for each county the amount of money equal to the fees, taxes, interest and penalties collected in the county pursuant to this chapter during the preceding month less the amount transferred pursuant to paragraph (a).

    (d) Transfer the total amount of taxes collected pursuant to this chapter during the preceding month from out-of-state businesses not maintaining a fixed place of business within this state, less the amount transferred pursuant to paragraph (b), to the state distributive school account in the state general fund.


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ê2001 Statutes of Nevada, Page 296 (Chapter 13, SB 59)ê

 

    (e) Except as otherwise provided in NRS 387.528, transfer the amount owed to each county to the intergovernmental fund and remit the money to the credit of the county school district fund.

    4.  For the purpose of the distribution required by this section, the occasional sale of a vehicle shall be deemed to take place in the county to which the [privilege] governmental services tax payable by the buyer upon that vehicle is distributed.

    Sec. 23.  NRS 377.055 is hereby amended to read as follows:

    377.055  1.  The department shall monthly determine for each county an amount of money equal to the sum of:

    (a) Any fees and any taxes, interest and penalties which derive from the basic city-county relief tax collected in that county pursuant to this chapter during the preceding month, less the corresponding amount transferred to the state general fund pursuant to subsection 3 of NRS 377.050; and

    (b) That proportion of the total amount of taxes which derive from that portion of the tax levied at the rate of one-half of 1 percent collected pursuant to this chapter during the preceding month from out-of-state businesses not maintaining a fixed place of business within this state, less the corresponding amount transferred to the state general fund pursuant to subsection 3 of NRS 377.050, which the population of that county bears to the total population of all counties which have in effect a city-county relief tax ordinance,

and deposit the money in the local government tax distribution account created by NRS 360.660 for credit to the respective subaccounts of each county.

    2.  For the purpose of the distribution required by this section, the occasional sale of a vehicle shall be deemed to take place in the county to which the [privilege] governmental services tax payable by the buyer upon that vehicle is distributed.

    Sec. 24.  NRS 338.1389 is hereby amended to read as follows:

    338.1389  1.  Except as otherwise provided in NRS 338.1385 and 338.1711 to 338.1727, inclusive, a public body shall award a contract for a public work to the contractor who submits the best bid.

    2.  Except as otherwise provided in subsection 8 or limited by subsection 9, for the purposes of this section, a contractor who:

    (a) Has been determined by the public body to be a qualified bidder pursuant to NRS 338.1379 or is exempt from meeting such requirements pursuant to NRS 338.1373 or 338.1383; and

    (b) At the time he submits his bid, provides to the public body a copy of a certificate of eligibility to receive a preference in bidding on public works issued to him by the state contractors’ board pursuant to subsection 3,

shall be deemed to have submitted a better bid than a competing contractor who has not provided a copy of such a valid certificate of eligibility if the amount of his bid is not more than 5 percent higher than the amount bid by the competing contractor.

    3.  The state contractors’ board shall issue a certificate of eligibility to receive a preference in bidding on public works to a general contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the board an affidavit from a certified public accountant setting forth that the general contractor has:

    (a) Paid:


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ê2001 Statutes of Nevada, Page 297 (Chapter 13, SB 59)ê

 

         (1) The sales and use taxes imposed pursuant to chapters 372, 374 and 377 of NRS on materials used for construction in this state, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this state that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant;

         (2) The [motor vehicle privilege] governmental services tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his business in this state of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; or

         (3) Any combination of such sales and use taxes and [motor vehicle privilege] governmental services tax; or

    (b) Acquired, by inheritance, gift or transfer through a stock option plan for employees, all the assets and liabilities of a viable, operating construction firm that possesses a:

         (1) License as a general contractor pursuant to the provisions of chapter 624 of NRS; and

         (2) Certificate of eligibility to receive a preference in bidding on public works.

    4.  For the purposes of complying with the requirements set forth in paragraph (a) of subsection 3, a general contractor shall be deemed to have paid:

    (a) Sales and use taxes and [motor vehicle privilege] governmental services taxes that were paid in this state by an affiliate or parent company of the contractor, if the affiliate or parent company is also a general contractor; and

    (b) Sales and use taxes that were paid in this state by a joint venture in which the contractor is a participant, in proportion to the amount of interest the contractor has in the joint venture.

    5.  A contractor who has received a certificate of eligibility to receive a preference in bidding on public works from the state contractors’ board pursuant to subsection 3 shall, at the time for the annual renewal of his contractors’ license pursuant to NRS 624.283, submit to the board an affidavit from a certified public accountant setting forth that the contractor has, during the immediately preceding 12 months, paid the taxes required pursuant to paragraph (a) of subsection 3 to maintain his eligibility to hold such a certificate.

    6.  A contractor who fails to submit an affidavit to the board pursuant to subsection 5 ceases to be eligible to receive a preference in bidding on public works unless he reapplies for and receives a certificate of eligibility pursuant to subsection 3.

    7.  If a contractor who applies to the state contractors’ board for a certificate of eligibility to receive a preference in bidding on public works submits false information to the board regarding the required payment of taxes, the contractor is not eligible to receive a preference in bidding on public works for a period of 5 years after the date on which the board becomes aware of the submission of the false information.

    8.  If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work.


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ê2001 Statutes of Nevada, Page 298 (Chapter 13, SB 59)ê

 

work because of the provisions of subsection 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work. The provisions of subsection 2 do not apply to any contract for a public work which is expected to cost less than $250,000.

    9.  Except as otherwise provided in subsection 2 of NRS 338.1727, if a bid is submitted by two or more contractors as a joint venture or by one of them as a joint venturer, the provisions of subsection 2 apply only if both or all of the joint venturers separately meet the requirements of that subsection.

    10.  The state contractors’ board shall adopt regulations and may assess reasonable fees relating to the certification of contractors for a preference in bidding on public works.

    11.  A person or entity who believes that a contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works may challenge the validity of the certificate by filing a written objection with the public body to which the contractor has submitted a bid or proposal on a contract for the construction of a public work. A written objection authorized pursuant to this subsection must:

    (a) Set forth proof or substantiating evidence to support the belief of the person or entity that the contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works; and

    (b) Be filed with the public body at or after the time at which the contractor submitted the bid or proposal to the public body and before the time at which the public body awards the contract for which the bid or proposal was submitted.

    12.  If a public body receives a written objection pursuant to subsection 11, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to paragraph (a) of that subsection. If the public body determines that the objection is not accompanied by the required proof or substantiating evidence, the public body shall dismiss the objection and may proceed immediately to award the contract. If the public body determines that the objection is accompanied by the required proof or substantiating evidence, the public body shall determine whether the contractor qualifies for the certificate pursuant to the provisions of this section and may proceed to award the contract accordingly.

    Sec. 25.  NRS 338.1389 is hereby amended to read as follows:

    338.1389  1.  Except as otherwise provided in NRS 338.1385, a public body shall award a contract for a public work to the contractor who submits the best bid.

    2.  Except as otherwise provided in subsection 8 or limited by subsection 9, for the purposes of this section, a contractor who:

    (a) Has been determined by the public body to be a qualified bidder pursuant to NRS 338.1379 or is exempt from meeting such requirements pursuant to NRS 338.1373 or 338.1383; and

    (b) At the time he submits his bid, provides to the public body a copy of a certificate of eligibility to receive a preference in bidding on public works issued to him by the state contractors’ board pursuant to subsection 3,

shall be deemed to have submitted a better bid than a competing contractor who has not provided a copy of such a valid certificate of eligibility if the amount of his bid is not more than 5 percent higher than the amount bid by the competing contractor.

    3.  The state contractors’ board shall issue a certificate of eligibility to receive a preference in bidding on public works to a general contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the board an affidavit from a certified public accountant setting forth that the general contractor has:


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ê2001 Statutes of Nevada, Page 299 (Chapter 13, SB 59)ê

 

is licensed pursuant to the provisions of chapter 624 of NRS and submits to the board an affidavit from a certified public accountant setting forth that the general contractor has:

    (a) Paid:

         (1) The sales and use taxes imposed pursuant to chapters 372, 374 and 377 of NRS on materials used for construction in this state, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this state that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant;

         (2) The [motor vehicle privilege] governmental services tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his business in this state of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; or

         (3) Any combination of such sales and use taxes and [motor vehicle privilege] governmental services tax; or

    (b) Acquired, by inheritance, gift or transfer through a stock option plan for employees, all the assets and liabilities of a viable, operating construction firm that possesses a:

         (1) License as a general contractor pursuant to the provisions of chapter 624 of NRS; and

         (2) Certificate of eligibility to receive a preference in bidding on public works.

    4.  For the purposes of complying with the requirements set forth in paragraph (a) of subsection 3, a general contractor shall be deemed to have paid:

    (a) Sales and use taxes and [motor vehicle privilege] governmental services taxes that were paid in this state by an affiliate or parent company of the contractor, if the affiliate or parent company is also a general contractor; and

    (b) Sales and use taxes that were paid in this state by a joint venture in which the contractor is a participant, in proportion to the amount of interest the contractor has in the joint venture.

    5.  A contractor who has received a certificate of eligibility to receive a preference in bidding on public works from the state contractors’ board pursuant to subsection 3 shall, at the time for the annual renewal of his contractors’ license pursuant to NRS 624.283, submit to the board an affidavit from a certified public accountant setting forth that the contractor has, during the immediately preceding 12 months, paid the taxes required pursuant to paragraph (a) of subsection 3 to maintain his eligibility to hold such a certificate.

    6.  A contractor who fails to submit an affidavit to the board pursuant to subsection 5 ceases to be eligible to receive a preference in bidding on public works unless he reapplies for and receives a certificate of eligibility pursuant to subsection 3.

    7.  If a contractor who applies to the state contractors’ board for a certificate of eligibility to receive a preference in bidding on public works submits false information to the board regarding the required payment of taxes, the contractor is not eligible to receive a preference in bidding on public works for a period of 5 years after the date on which the board becomes aware of the submission of the false information.


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ê2001 Statutes of Nevada, Page 300 (Chapter 13, SB 59)ê

 

public works for a period of 5 years after the date on which the board becomes aware of the submission of the false information.

    8.  If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work. The provisions of subsection 2 do not apply to any contract for a public work which is expected to cost less than $250,000.

    9.  If a bid is submitted by two or more contractors as a joint venture or by one of them as a joint venturer, the provisions of subsection 2 apply only if both or all of the joint venturers separately meet the requirements of that subsection.

    10.  The state contractors’ board shall adopt regulations and may assess reasonable fees relating to the certification of contractors for a preference in bidding on public works.

    11.  A person or entity who believes that a contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works may challenge the validity of the certificate by filing a written objection with the public body to which the contractor has submitted a bid or proposal on a contract for the construction of a public work. A written objection authorized pursuant to this subsection must:

    (a) Set forth proof or substantiating evidence to support the belief of the person or entity that the contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works; and

    (b) Be filed with the public body at or after the time at which the contractor submitted the bid or proposal to the public body and before the time at which the public body awards the contract for which the bid or proposal was submitted.

    12.  If a public body receives a written objection pursuant to subsection 11, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to paragraph (a) of that subsection. If the public body determines that the objection is not accompanied by the required proof or substantiating evidence, the public body shall dismiss the objection and may proceed immediately to award the contract. If the public body determines that the objection is accompanied by the required proof or substantiating evidence, the public body shall determine whether the contractor qualifies for the certificate pursuant to the provisions of this section and may proceed to award the contract accordingly.

    Sec. 26.  NRS 338.147 is hereby amended to read as follows:

    338.147  1.  Except as otherwise provided in NRS 338.143 and 338.1711 to 338.1727, inclusive, a local government shall award a contract for a public work to the contractor who submits the best bid.

    2.  Except as otherwise provided in subsection 8 or limited by subsection 9, for the purposes of this section, a contractor who:

    (a) Has been found to be a responsible and responsive contractor by the local government; and

    (b) At the time he submits his bid, provides to the local government a copy of a certificate of eligibility to receive a preference in bidding on  public works issued to him by the state contractors’ board pursuant to subsection 3,

shall be deemed to have submitted a better bid than a competing contractor who has not provided a copy of such a valid certificate of eligibility if the amount of his bid is not more than 5 percent higher than the amount bid by the competing contractor.


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ê2001 Statutes of Nevada, Page 301 (Chapter 13, SB 59)ê

 

amount of his bid is not more than 5 percent higher than the amount bid by the competing contractor.

    3.  The state contractors’ board shall issue a certificate of eligibility to receive a preference in bidding on public works to a general contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the board an affidavit from a certified public accountant setting forth that the general contractor has:

    (a) Paid:

         (1) The sales and use taxes imposed pursuant to chapters 372, 374 and 377 of NRS on materials used for construction in this state, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this state that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant;

         (2) The [motor vehicle privilege] governmental services tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his business in this state of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; or

         (3) Any combination of such sales and use taxes and [motor vehicle privilege] governmental services tax; or

    (b) Acquired, by inheritance, gift or transfer through a stock option plan for employees, all the assets and liabilities of a viable, operating construction firm that possesses a:

         (1) License as a general contractor pursuant to the provisions of chapter 624 of NRS; and

         (2) Certificate of eligibility to receive a preference in bidding on public works.

    4.  For the purposes of complying with the requirements set forth in paragraph (a) of subsection 3, a general contractor shall be deemed to have paid:

    (a) Sales and use taxes and [motor vehicle privilege] governmental services taxes that were paid in this state by an affiliate or parent company of the contractor, if the affiliate or parent company is also a general contractor; and

    (b) Sales and use taxes that were paid in this state by a joint venture in which the contractor is a participant, in proportion to the amount of interest the contractor has in the joint venture.

    5.  A contractor who has received a certificate of eligibility to receive a preference in bidding on public works from the state contractors’ board pursuant to subsection 3 shall, at the time for the annual renewal of his contractors’ license pursuant to NRS 624.283, submit to the board an affidavit from a certified public accountant setting forth that the contractor has, during the immediately preceding 12 months, paid the taxes required pursuant to paragraph (a) of subsection 3 to maintain his eligibility to hold such a certificate.

    6.  A contractor who fails to submit an affidavit to the board pursuant to subsection 5 ceases to be eligible to receive a preference in bidding on public works unless he reapplies for and receives a certificate of eligibility pursuant to subsection 3.


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ê2001 Statutes of Nevada, Page 302 (Chapter 13, SB 59)ê

 

    7.  If a contractor who applies to the state contractors’ board for a certificate of eligibility to receive a preference in bidding on public works submits false information to the board regarding the required payment of taxes, the contractor is not eligible to receive a preference in bidding on public works for a period of 5 years after the date on which the board becomes aware of the submission of the false information.

    8.  If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work. The provisions of subsection 2 do not apply to any contract for a public work which is expected to cost less than $250,000.

    9.  Except as otherwise provided in subsection 2 of NRS 338.1727 and subsection 2 of NRS 408.3886 if a bid is submitted by two or more contractors as a joint venture or by one of them as a joint venturer, the provisions of subsection 2 apply only if both or all of the joint venturers separately meet the requirements of that subsection.

    10.  The state contractors’ board shall adopt regulations and may assess reasonable fees relating to the certification of contractors for a preference in bidding on public works.

    11.  A person or entity who believes that a contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works may challenge the validity of the certificate by filing a written objection with the public body to which the contractor has submitted a bid or proposal on a contract for the completion of a public work. A written objection authorized pursuant to this subsection must:

    (a) Set forth proof or substantiating evidence to support the belief of the person or entity that the contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works; and

    (b) Be filed with the public body at or after the time at which the contractor submitted the bid or proposal to the public body and before the time at which the public body awards the contract for which the bid or proposal was submitted.

    12.  If a public body receives a written objection pursuant to subsection 11, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to paragraph (a) of that subsection. If the public body determines that the objection is not accompanied by the required proof or substantiating evidence, the public body shall dismiss the objection and may proceed immediately to award the contract. If the public body determines that the objection is accompanied by the required proof or substantiating evidence, the public body shall determine whether the contractor qualifies for the certificate pursuant to the provisions of this section and may proceed to award the contract accordingly.

    Sec. 27.  NRS 338.147 is hereby amended to read as follows:

    338.147  1.  Except as otherwise provided in NRS 338.143, a local government shall award a contract for a public work to the contractor who submits the best bid.

    2.  Except as otherwise provided in subsection 8 or limited by subsection 9, for the purposes of this section, a contractor who:

    (a) Has been found to be a responsible and responsive contractor by the local government; and


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ê2001 Statutes of Nevada, Page 303 (Chapter 13, SB 59)ê

 

    (b) At the time he submits his bid, provides to the local government a copy of a certificate of eligibility to receive a preference in bidding on  public works issued to him by the state contractors’ board pursuant to subsection 3,

shall be deemed to have submitted a better bid than a competing contractor who has not provided a copy of such a valid certificate of eligibility if the amount of his bid is not more than 5 percent higher than the amount bid by the competing contractor.

    3.  The state contractors’ board shall issue a certificate of eligibility to receive a preference in bidding on public works to a general contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the board an affidavit from a certified public accountant setting forth that the general contractor has:

    (a) Paid:

         (1) The sales and use taxes imposed pursuant to chapters 372, 374 and 377 of NRS on materials used for construction in this state, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this state that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant;

         (2) The [motor vehicle privilege] governmental services tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his business in this state of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; or

         (3) Any combination of such sales and use taxes and [motor vehicle privilege] governmental services tax; or

    (b) Acquired, by inheritance, gift or transfer through a stock option plan for employees, all the assets and liabilities of a viable, operating construction firm that possesses a:

         (1) License as a general contractor pursuant to the provisions of chapter 624 of NRS; and

         (2) Certificate of eligibility to receive a preference in bidding on public works.

    4.  For the purposes of complying with the requirements set forth in paragraph (a) of subsection 3, a general contractor shall be deemed to have paid:

    (a) Sales and use taxes and [motor vehicle privilege] governmental services taxes that were paid in this state by an affiliate or parent company of the contractor, if the affiliate or parent company is also a general contractor; and

    (b) Sales and use taxes that were paid in this state by a joint venture in which the contractor is a participant, in proportion to the amount of interest the contractor has in the joint venture.

    5.  A contractor who has received a certificate of eligibility to receive a preference in bidding on public works from the state contractors’ board pursuant to subsection 3 shall, at the time for the annual renewal of his contractors’ license pursuant to NRS 624.283, submit to the board an affidavit from a certified public accountant setting forth that the contractor has, during the immediately preceding 12 months, paid the taxes required pursuant to paragraph (a) of subsection 3 to maintain his eligibility to hold such a certificate.


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ê2001 Statutes of Nevada, Page 304 (Chapter 13, SB 59)ê

 

pursuant to paragraph (a) of subsection 3 to maintain his eligibility to hold such a certificate.

    6.  A contractor who fails to submit an affidavit to the board pursuant to subsection 5 ceases to be eligible to receive a preference in bidding on public works unless he reapplies for and receives a certificate of eligibility pursuant to subsection 3.

    7.  If a contractor who applies to the state contractors’ board for a certificate of eligibility to receive a preference in bidding on public works submits false information to the board regarding the required payment of taxes, the contractor is not eligible to receive a preference in bidding on public works for a period of 5 years after the date on which the board becomes aware of the submission of the false information.

    8.  If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work. The provisions of subsection 2 do not apply to any contract for a public work which is expected to cost less than $250,000.

    9.  If a bid is submitted by two or more contractors as a joint venture or by one of them as a joint venturer, the provisions of subsection 2 apply only if both or all of the joint venturers separately meet the requirements of that subsection.

    10.  The state contractors’ board shall adopt regulations and may assess reasonable fees relating to the certification of contractors for a preference in bidding on public works.

    11.  A person or entity who believes that a contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works may challenge the validity of the certificate by filing a written objection with the public body to which the contractor has submitted a bid or proposal on a contract for the completion of a public work. A written objection authorized pursuant to this subsection must:

    (a) Set forth proof or substantiating evidence to support the belief of the person or entity that the contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works; and

    (b) Be filed with the public body at or after the time at which the contractor submitted the bid or proposal to the public body and before the time at which the public body awards the contract for which the bid or proposal was submitted.

    12.  If a public body receives a written objection pursuant to subsection 11, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to paragraph (a) of that subsection. If the public body determines that the objection is not accompanied by the required proof or substantiating evidence, the public body shall dismiss the objection and may proceed immediately to award the contract. If the public body determines that the objection is accompanied by the required proof or substantiating evidence, the public body shall determine whether the contractor qualifies for the certificate pursuant to the provisions of this section and may proceed to award the contract accordingly.

    Sec. 28.  NRS 354.705 is hereby amended to read as follows:

    354.705  1.  As soon as practicable after the department takes over the management of a local government, the executive director shall:


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ê2001 Statutes of Nevada, Page 305 (Chapter 13, SB 59)ê

 

    (a) Determine the total amount of expenditures necessary to allow the local government to perform the basic functions for which it was created;

    (b) Determine the amount of revenue reasonably expected to be available to the local government; and

    (c) Consider any alternative sources of revenue available to the local government.

    2.  If the executive director determines that the available revenue is not sufficient to provide for the payment of required debt service and operating expenses, he may submit his findings to the committee who shall review the determinations made by the executive director. If the committee determines that additional revenue is needed, it shall prepare a recommendation to the Nevada tax commission as to which one or more of the following additional taxes or charges should be imposed by the local government:

    (a) The levy of a property tax up to a rate which when combined with all other overlapping rates levied in the state does not exceed $4.50 on each $100 of assessed valuation.

    (b) An additional tax on transient lodging at a rate not to exceed 1 percent of the gross receipts from the rental of transient lodging within the boundaries of the local government upon all persons in the business of providing lodging. Any such tax must be collected and administered in the same manner as all other taxes on transient lodging are collected by or for the local government.

    (c) Additional service charges appropriate to the local government.

    (d) If the local government is a county or has boundaries that are conterminous with the boundaries of the county:

         (1) An additional tax on the gross receipts from the sale or use of tangible personal property not to exceed one quarter of 1 percent throughout the county. The ordinance imposing any such tax must include provisions in substance which comply with the requirements of subsections 2 to 5, inclusive, of NRS 377A.030.

         (2) An additional [motor vehicle privilege] governmental services tax of not more than 1 cent on each $1 of valuation of the vehicle for the privilege of operating upon the public streets, roads and highways of the county on each vehicle based in the county except those vehicles exempt from the [motor vehicle privilege] governmental services tax imposed pursuant to chapter 371 of NRS or a vehicle subject to NRS 706.011 to 706.861, inclusive, which is engaged in interstate or intercounty operations. As used in this subparagraph, “based” has the meaning ascribed to it in  NRS 482.011.

    3.  Upon receipt of the plan from the committee, the Nevada tax commission shall hold a public hearing at a location within the boundaries of the local government in which the severe financial emergency exists after giving public notice of the hearing at least 10 days before the date on which the hearing will be held. In addition to the public notice, the Nevada tax commission shall give notice to the governing body of each local government whose jurisdiction overlaps with the jurisdiction of the local government in which the severe financial emergency exists.

    4.  After the public hearing, the Nevada tax commission may adopt the plan as submitted or adopt a revised plan. Any plan adopted pursuant to this section must include the duration for which any new or increased taxes or charges may be collected which must not exceed 5 years.


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ê2001 Statutes of Nevada, Page 306 (Chapter 13, SB 59)ê

 

    5.  Upon adoption of the plan by the Nevada tax commission, the local government in which the severe financial emergency exists shall impose or cause to be imposed the additional taxes and charges included in the plan for the duration stated in the plan or until the severe financial emergency has been determined by the Nevada tax commission to have ceased to exist.

    6.  The allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811 does not apply to any additional property tax levied pursuant to this section.

    Sec. 29.  NRS 387.328 is hereby amended to read as follows:

    387.328  1.  The board of trustees of each school district shall establish a fund for capital projects for the purposes set forth in subsection 1 of NRS 387.335. The money in the fund for capital projects may be transferred to the debt service fund to pay the cost of the school district’s debt service.

    2.  The board of trustees may accumulate money in the fund for capital projects for a period not to exceed 20 years.

    3.  That portion of the [vehicle privilege] governmental services tax whose allocation to the school district pursuant to NRS 482.180 is based on the amount of the property tax levy attributable to its debt service must be deposited in the county treasury to the credit of the fund established under subsection 1 or the school district’s debt service fund.

    4.  No money in the fund for capital projects at the end of the fiscal year may revert to the county school district fund, nor may the money be a surplus for any other purpose than those specified in subsection 1.

    5.  The proceeds of the taxes deposited in the fund for capital projects pursuant to NRS 244.3354, 268.0962 and 375.070 may be pledged to the payment of the principal and interest on bonds or other obligations issued for one or more of the purposes set forth in NRS 387.335. The proceeds of such taxes so pledged may be treated as pledged revenues for the purposes of subsection 3 of NRS 350.020, and the board of trustees of a school district may issue bonds for those purposes in accordance with the provisions of chapter 350 of NRS.

    Sec. 30.  NRS 482.180 is hereby amended to read as follows:

    482.180  1.  The motor vehicle fund is hereby created as an agency fund. Except as otherwise provided in subsection 4 or by a specific statute, all money received or collected by the department must be deposited in the state treasury for credit to the motor vehicle fund.

    2.  The interest and income on the money in the motor vehicle fund, after deducting any applicable charges, must be credited to the state highway fund.

    3.  Any check accepted by the department in payment of [vehicle privilege] the governmental services tax or any other fee required to be collected pursuant to this chapter must, if it is dishonored upon presentation for payment, be charged back against the motor vehicle fund or the county to which the payment was credited, in the proper proportion.

    4.  All money received or collected by the department for the basic [vehicle privilege] governmental services tax must be deposited in the local government tax distribution account, created by NRS 360.660, for credit to the appropriate county pursuant to subsection 6.

    5.  Money for the administration of the provisions of this chapter must be provided by direct legislative appropriation from the state highway fund, upon the presentation of budgets in the manner required by law. Out of the appropriation, the department shall pay every item of expense.


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ê2001 Statutes of Nevada, Page 307 (Chapter 13, SB 59)ê

 

    6.  The [privilege] governmental services tax collected on vehicles subject to the provisions of chapter 706 of NRS and engaged in interstate or intercounty operation must be distributed among the counties in the following percentages:

 

Carson City.............................................. 1.07 percent

Churchill.................................................... 5.21 percent

Clark........................................................ 22.54 percent

Douglas..................................................... 2.52 percent

Elko......................................................... 13.31 percent

Esmeralda................................................. 2.52 percent

Eureka....................................................... 3.10 percent

Humboldt................................................. 8.25 percent

Lander....................................................... 3.88 percent

Lincoln....................................................... 3.12 percent

Lyon........................................................... 2.90 percent

Mineral...................................................... 2.40 percent

Nye............................................................. 4.09 percent

Pershing..................................................... 7.00 percent

Storey.........................................................   .19 percent

Washoe................................................... 12.24 percent

White Pine................................................. 5.66 percent

 

The distributions must be allocated among local governments within the respective counties pursuant to the provisions of NRS 482.181.

    7.  The department shall withhold 6 percent from the amount of [privilege] the governmental services tax collected by the department as a commission. From the amount of [privilege] the governmental services tax collected by a county assessor, the state controller shall credit 1 percent to the department as a commission and remit 5 percent to the county for credit to its general fund as commission for the services of the county assessor.

    8.  When the requirements of this section and NRS 482.181 have been met, and when directed by the department, the state controller shall transfer monthly to the state highway fund any balance in the motor vehicle fund.

    9.  If a statute requires that any money in the motor vehicle fund be transferred to another fund or account, the department shall direct the controller to transfer the money in accordance with the statute.

    Sec. 31.  NRS 482.181 is hereby amended to read as follows:

    482.181  1.  Except as otherwise provided in subsection 4, the department shall certify monthly to the state board of examiners the amount of the basic and supplemental [privilege] governmental services taxes collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.

    2.  Any supplemental [privilege] governmental services tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.045 and 371.047.

    3.  The distribution of the basic [privilege] governmental services tax within a county must be made to local governments, special districts and enterprise districts pursuant to the provisions of NRS 360.680 and 360.690. The distribution of the basic [privilege] governmental services tax must be made to the county school district within the county before the distribution of the basic [privilege] governmental services tax pursuant to the provisions of NRS 360.680 and 360.690 and in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution. For the purpose of calculating the amount of the basic [privilege] governmental services tax to be distributed to the county school district, the taxes levied by each local government, special district and enterprise district are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district’s debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a district’s debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.


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ê2001 Statutes of Nevada, Page 308 (Chapter 13, SB 59)ê

 

rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district’s debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a district’s debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.

    4.  An amount equal to any basic [privilege] governmental services tax distributed to a redevelopment agency in the fiscal year 1987-1988 must continue to be distributed to that agency as long as it exists but must not be increased.

    5.  The department shall make distributions of the basic [privilege] governmental services tax directly to county school districts.

    6.  As used in this section:

    (a) “Enterprise district” has the meaning ascribed to it in NRS 360.620.

    (b) “Local government” has the meaning ascribed to it in NRS 360.640.

    (c) “Special district” has the meaning ascribed to it in NRS 360.650.

    Sec. 32.  NRS 482.206 is hereby amended to read as follows:

    482.206  1.  Except as otherwise provided in this section, every motor vehicle, except for a motor vehicle that is registered pursuant to the provisions of NRS 706.801 to 706.861, inclusive, or which is a motor vehicle with a declared gross weight in excess of 26,000 pounds, must be registered for a period of 12 consecutive months beginning the day after the first registration by the owner in this state.

    2.  Every vehicle registered by an agent of the department or a registered dealer must be registered for 12 consecutive months beginning the first day of the month after the first registration by the owner in this state.

    3.  Upon the application of the owner of a fleet of vehicles, the director may permit him to register his fleet on the basis of a calendar year.

    4.  When the registration of any vehicle is transferred pursuant to the provisions of NRS 482.3667, 482.379 or 482.399, the expiration date of each regular license plate, special license plate or substitute decal must, at the time of the transfer of registration, be advanced for a period of 12 consecutive months beginning:

    (a) The first day of the month after the transfer, if the vehicle is transferred by an agent of the department; or

    (b) The day after the transfer in all other cases,

and a credit on the portion of the fee for registration and [privilege] the governmental services tax attributable to the remainder of the current period of registration allowed pursuant to the applicable provisions of NRS 482.3667, 482.379 and 482.399.

    Sec. 33.  NRS 482.215 is hereby amended to read as follows:

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

    2.  Applications for all registrations, except renewals of registration, must be made in person, if practicable, to any office or agent of the department or to a registered dealer.

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

    (a) The signature of the owner.

    (b) His residential address.


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ê2001 Statutes of Nevada, Page 309 (Chapter 13, SB 59)ê

 

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

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

    (e) Proof satisfactory to the department or registered dealer that the applicant has provided the insurance required by NRS 485.185 and his signed declaration that he will maintain the insurance during the period of registration.

    (f) If the insurance is provided by a contract of insurance, evidence of that insurance provided by the insurer in the form of:

         (1) A certificate of insurance on a form approved by the commissioner of insurance; or

         (2) A card issued pursuant to NRS 690B.023 which identifies the vehicle and indicates, at the time of application for registration, coverage which meets the requirements of NRS 485.185.

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

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

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

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

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

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

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

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

    Sec. 34.  NRS 482.216 is hereby amended to read as follows:

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

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


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ê2001 Statutes of Nevada, Page 310 (Chapter 13, SB 59)ê

 

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

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

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

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

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

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

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

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

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

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

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

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

         (1) Obtain special license plates pursuant to NRS 482.3667 to 482.3825, inclusive; or

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

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

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

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

    Sec. 35.  NRS 482.260 is hereby amended to read as follows:

    482.260  1.  When registering a vehicle, the department and its agents or a registered dealer shall:

    (a) Collect the fees for license plates and registration as provided for in this chapter.

    (b) Collect the [privilege] governmental services tax on the vehicle, as agent for the county where the applicant intends to base the vehicle for the period of registration, unless the vehicle is deemed to have no base.

    (c) Collect the applicable taxes imposed pursuant to chapters 372, 374, 377 and 377A of NRS.

    (d) Issue a certificate of registration.

    (e) If the registration is performed by the department, issue the regular license plate or plates.

    (f) If the registration is performed by a registered dealer, provide information to the owner regarding the manner in which the regular license plate or plates will be made available to him.


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ê2001 Statutes of Nevada, Page 311 (Chapter 13, SB 59)ê

 

    2.  Upon proof of ownership satisfactory to the director, he shall cause to be issued a certificate of ownership as provided in this chapter.

    3.  Every vehicle being registered for the first time in Nevada must be taxed for the purposes of the [privilege] governmental services tax for a 12-month period.

    4.  The department shall deduct and withhold 2 percent of the taxes collected pursuant to paragraph (c) of subsection 1 and remit the remainder to the department of taxation.

    5.  A registered dealer shall forward all fees and taxes collected for the registration of vehicles to the department.

    Sec. 36.  NRS 482.266 is hereby amended to read as follows:

    482.266  1.  A person who desires to have regular or personalized license plates that are substantially in the same color and form as license plates manufactured before January 1, 1982, must:

    (a) Submit a written request for such license plates to the department in a manner and form prescribed by the department; and

    (b) In addition to all other applicable registration fees, licensing fees and [motor vehicle privilege] governmental services taxes, pay the manufacturing fee prescribed by the department.

A person requesting license plates pursuant to this section must comply with all requirements for registration and licensing pursuant to this chapter. A request for license plates pursuant to this section does not, by itself, constitute a request for special license plates pursuant to subsection 3 of  NRS 482.265.

    2.  After receiving a request and the full amount of the payment due for license plates requested pursuant to subsection 1, the department shall manufacture the license plates using substantially the same process, dies and materials as were used to manufacture license plates before January 1, 1982. The department shall deliver license plates requested pursuant to this section to a person who requests such license plates within 180 days after acceptance of the written request or after receipt of payment therefor, whichever occurs last.

    3.  The department shall:

    (a) Prescribe, by regulation, a manner and form for submitting a written request pursuant to subsection 1. The form must include, without limitation, an indication of whether the requester desires to have the same letters and numbers on the license plates requested as are on the license plates that are registered to him at the time of the request.

    (b) Determine the cost of manufacturing a license plate pursuant to this section and prescribe a manufacturing fee, which must not exceed $25, to defray the cost of manufacturing license plates pursuant to this section. The manufacturing fee must be:

         (1) Collected by the department;

         (2) Deposited with the state treasurer to the credit of the motor vehicle fund; and

         (3) Allocated to the revolving account for the issuance of special license plates created pursuant to NRS 482.1805 to defray the costs of manufacturing license plates pursuant to this section.

    4.  A person who requests license plates pursuant to this section may keep the license plates which are registered to him at the time of the request if the license plates requested contain the same letters and numbers as the license plates which are registered to him at the time of the request.


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ê2001 Statutes of Nevada, Page 312 (Chapter 13, SB 59)ê

 

    Sec. 37.  NRS 482.280 is hereby amended to read as follows:

    482.280  1.  The registration of every vehicle expires at midnight on the day specified on the receipt of registration, unless the day specified falls on a Saturday, Sunday or legal holiday. If the day specified on the receipt of registration is a Saturday, Sunday or legal holiday, the registration of the vehicle expires at midnight on the next judicial day. The department shall mail to each holder of a certificate of registration an application for renewal of registration for the following period of registration. The applications must be mailed by the department in sufficient time to allow all applicants to mail the applications to the department and to receive new certificates of registration and license plates, stickers, tabs or other suitable devices by mail before the expiration of their registrations. An applicant may present the application to any agent or office of the department.

    2.  An application mailed or presented to the department or to a county assessor pursuant to the provisions of this section, or presented to an authorized inspection station or authorized station pursuant to the provisions of NRS 482.281 must include, if required, evidence of compliance with standards for control of emissions.

    3.  The department shall insert in each application mailed pursuant to subsection 1:

    (a) The amount of [privilege] the governmental services tax to be collected for the county pursuant to the provisions of NRS 482.260.

    (b) The amount set forth in a notice of nonpayment filed with the department by a local authority pursuant to NRS 484.444.

    (c) A statement which informs the applicant that, pursuant to NRS 485.185, he is legally required to maintain insurance during the period in which the motor vehicle is registered.

    4.  An owner who has made proper application for renewal of registration before the expiration of the current registration but who has not received the license plate or plates or card of registration for the ensuing period of registration is entitled to operate or permit the operation of that vehicle upon the highways upon displaying thereon the license plate or plates issued for the preceding period of registration for such a time as may be prescribed by the department as it may find necessary for the issuance of the new plate or plates or card of registration.

    Sec. 38.  NRS 482.285 is hereby amended to read as follows:

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

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

    (a) Furnishing information satisfactory to the department; and

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

    3.  The department shall issue duplicate or substitute plates if the applicant:

    (a) Returns the mutilated or illegible plates to the department or certifies under oath that the plates were lost or stolen; and


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

ê2001 Statutes of Nevada, Page 313 (Chapter 13, SB 59)ê

 

    (b) Makes application for renewal of registration. Credit must be allowed for the portion of the registration fee and [privilege] governmental services tax attributable to the remainder of the current registration period.

    Sec. 39.  NRS 482.313 is hereby amended to read as follows:

    482.313  1.  Upon the lease of a passenger car by a short-term lessor in this state, the short-term lessor shall charge and collect from the short-term lessee a fee of 6 percent of the total amount for which the passenger car was leased, excluding any taxes or other fees imposed by a governmental entity. The amount of the fee must be indicated in the lease agreement.

    2.  On or before January 31 of each year, the short-term lessor shall:

    (a) File with the department of taxation and the department of motor vehicles and public safety, on a form prescribed by the department of taxation, a report indicating the total amount of:

         (1) Fees collected by the short-term lessor during the immediately preceding year pursuant to this section; and

         (2) Vehicle licensing fees and taxes paid by the short-term lessor during the immediately preceding year pursuant to this chapter.

    (b) Remit to the department of taxation:

         (1) One-third of the fees collected by the short-term lessor during the immediately preceding year pursuant to this section; and

         (2) Of the remainder of those fees, any amount in excess of the total amount of vehicle licensing fees and taxes paid by the short-term lessor during the immediately preceding year pursuant to this chapter.

    3.  The department of taxation shall deposit all money received from short-term lessors pursuant to the provisions of this section with the state treasurer for credit to the state general fund.

    4.  To ensure compliance with this section, the department of taxation may audit the records of a short-term lessor.

    5.  The provisions of this section do not limit or affect the payment of any taxes or fees imposed pursuant to the provisions of this chapter.

    6.  The department of motor vehicles and public safety shall, upon request, provide to the department of taxation any information in its records relating to a short-term lessor that the department of taxation considers necessary to collect the fee required by this section.

    7.  As used in this section, “vehicle licensing fees and taxes” means:

    (a) The fees paid by a short-term lessor for the registration of, and the issuance of certificates of title for, the passenger cars leased by him; and

    (b) The basic and supplemental [privilege] governmental services taxes paid by the short-term lessor with regard to those passenger cars.

    Sec. 40.  NRS 482.321 is hereby amended to read as follows:

    482.321  1.  Any dealer in vehicles in this state qualified to receive a dealer’s license is entitled to register in his name not more than 12 vehicles upon payment of the fees for registration and licensing as provided in this chapter. The dealer is not subject to the payment of [privilege] governmental services taxes on the registrations of those vehicles.

    2.  Vehicles so registered are subject to the payment of [privilege] governmental services taxes by the purchaser from the dealer at the time of their transfer to the purchaser.

    3.  The transferee of the vehicle is required to pay the fees for registration and [privilege] governmental services taxes before he is entitled to a transfer of the registration and title in his name. The transferee shall apply for registration as provided in NRS 482.215.


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ê2001 Statutes of Nevada, Page 314 (Chapter 13, SB 59)ê

 

    4.  This section does not apply to work or service vehicles.

    Sec. 41.  NRS 482.367 is hereby amended to read as follows:

    482.367  1.  The department shall charge and collect the following fees for the issuance of personalized prestige license plates, which fees are in addition to all other license fees and [motor vehicle] applicable taxes:

    (a) For the first issuance................................................................................... $35

    (b) For a renewal sticker..................................................................................... 20

    (c) For changing to another personalized prestige license plate.................. 35

    2.  The additional fees collected by the department for the issuing of personalized prestige license plates must be deposited with the state treasurer to the credit of the motor vehicle fund.

    Sec. 42.  NRS 482.368 is hereby amended to read as follows:

    482.368  1.  Except as otherwise provided in subsection 2, the department shall provide suitable distinguishing license plates for exempt vehicles. These plates must be displayed on the vehicles in the same manner as provided for privately owned vehicles. The fee for the issuance of the plates is $5. Any license plates authorized by this section must be immediately returned to the department when the vehicle for which they were issued ceases to be used exclusively for the purpose for which it was exempted from the [privilege] governmental services tax.

    2.  License plates furnished for:

    (a) Those vehicles which are maintained for and used by the governor or under the authority and direction of the chief parole and probation officer, the state contractors’ board and auditors, the state fire marshal, the investigation division of the department and any authorized federal law enforcement agency or law enforcement agency from another state;

    (b) One vehicle used by the department of prisons, three vehicles used by the division of wildlife of the state department of conservation and natural resources, two vehicles used by the Caliente youth center and four vehicles used by the Nevada youth training center;

    (c) Vehicles of a city, county or the state, if authorized by the department for the purposes of law enforcement or work related thereto or such other purposes as are approved upon proper application and justification; and

    (d) Vehicles maintained for and used by investigators of the following:

         (1) The state gaming control board;

         (2) The state department of agriculture;

         (3) The attorney general;

         (4) City or county juvenile officers;

         (5) District attorneys’ offices;

         (6) Public administrators’ offices;

         (7) Public guardians’ offices;

         (8) Sheriffs’ offices;

         (9) Police departments in the state; and

         (10) The securities division of the office of the secretary of state,

must not bear any distinguishing mark which would serve to identify the vehicles as owned by the state, county or city. These license plates must be issued annually for $12 per plate or, if issued in sets, per set.

    3.  The director may enter into agreements with departments of motor vehicles of other states providing for exchanges of license plates of regular series for vehicles maintained for and used by investigators of the law enforcement agencies enumerated in paragraph (d) of subsection 2, subject to all of the requirements imposed by that paragraph, except that the fee required by that paragraph must not be charged.


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ê2001 Statutes of Nevada, Page 315 (Chapter 13, SB 59)ê

 

all of the requirements imposed by that paragraph, except that the fee required by that paragraph must not be charged.

    4.  Applications for the licenses must be made through the head of the department, board, bureau, commission, school district or irrigation district, or through the chairman of the board of county commissioners of the county or town or through the mayor of the city, owning or controlling the vehicles, and no plate or plates may be issued until a certificate has been filed with the department showing that the name of the department, board, bureau, commission, county, city, town, school district or irrigation district, as the case may be, and the words “For Official Use Only” have been permanently and legibly affixed to each side of the vehicle, except those vehicles enumerated in subsection 2.

    5.  As used in this section, “exempt vehicle” means a vehicle exempt from the [privilege] governmental services tax, except a vehicle owned by the United States.

    6.  The department shall adopt regulations governing the use of all license plates provided for in this section. Upon a finding by the department of any violation of its regulations, it may revoke the violator’s privilege of registering vehicles pursuant to this section.

    Sec. 43.  NRS 482.3745 is hereby amended to read as follows:

    482.3745  The fee for a license plate or set of plates issued pursuant to NRS 482.370 to 482.374, inclusive, is $5, in addition to all other applicable registration and license fees and [motor vehicle privilege] governmental services taxes.

    Sec. 44.  NRS 482.3747 is hereby amended to read as follows:

    482.3747  1.  The department, in cooperation with the board of regents and the athletic departments of the University of Nevada, Reno, and the University of Nevada, Las Vegas, shall design, prepare and issue collegiate license plates, using any appropriate colors and designs to represent each university.

    2.  The department may issue collegiate license plates for any passenger car or light commercial vehicle upon application by any person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with collegiate license plates if that person pays the fees for the personalized prestige license plates in addition to the fees for the collegiate license plates pursuant to subsections 3 and 4.

    3.  The fee for the collegiate license plates is $35, in addition to all other applicable registration and license fees and [motor vehicle privilege] governmental services taxes. Collegiate license plates are renewable upon the payment of $10.

    4.  In addition to all fees for the license, registration and [privilege] governmental services taxes, a person who requests a collegiate license plate shall pay for the initial issuance of a plate an additional fee of $25 and for each renewal of the plate an additional fee of $20 for academic and athletic scholarships to students of the University of Nevada, Reno, and the University of Nevada, Las Vegas.

    5.  The department shall deposit the fees collected pursuant to subsection 4 with the state treasurer for credit to the collegiate license plate account in the state general fund created pursuant to NRS 396.384.


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

ê2001 Statutes of Nevada, Page 316 (Chapter 13, SB 59)ê

 

    6.  If, during a registration year, the holder of collegiate 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:

    (a) Affix them to another vehicle which meets the requirements of this section if the transfer and registration fees are paid as set out in this chapter; or

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

    Sec. 45.  NRS 482.3748 is hereby amended to read as follows:

    482.3748  1.  Except as otherwise provided in this section, the department, in cooperation with the Grand Lodge of Free and Accepted Masons of the State of Nevada, shall design, prepare and issue license plates that indicate affiliation with the Grand Lodge of Free and Accepted Masons using any colors and designs which the department deems appropriate. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

    2.  The department shall issue license plates that indicate affiliation with the Grand Lodge of Free and Accepted Masons for a passenger car or a light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that indicate affiliation with the Grand Lodge of Free and Accepted Masons if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that indicate affiliation with the Grand Lodge of Free and Accepted Masons.

    3.  An application for the issuance or renewal of license plates that indicate affiliation with the Grand Lodge of Free and Accepted Masons is void unless it has been stamped or otherwise validated by the Grand Lodge of Free and Accepted Masons. The Grand Lodge of Free and Accepted Masons may charge a fee for validating an application.

    4.  The fee payable to the department for license plates that indicate affiliation with the Grand Lodge of Free and Accepted Masons is $35, in addition to all other applicable registration and license fees and [motor vehicle privilege] governmental services taxes. The license plates are renewable upon the payment to the department of $10 in addition to all other applicable registration and license fees and [motor vehicle privilege] governmental services taxes.

    5.  If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, he may retain the plates and:

    (a) Affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set out in this chapter; or

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

    6.  For the purposes of this section, “Grand Lodge of Free and Accepted Masons” means the Grand Lodge of Free and Accepted Masons of the State of Nevada, or its successor, and any recognized sister jurisdiction or organization of the Grand Lodge of Free and Accepted Masons.


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ê2001 Statutes of Nevada, Page 317 (Chapter 13, SB 59)ê

 

    Sec. 46.  NRS 482.3749 is hereby amended to read as follows:

    482.3749  1.  The department shall, in cooperation with the Nevada commission on sports and using any colors and designs that the department deems appropriate, design, prepare and issue license plates which indicate status as a hall of fame athlete. The design of the license plates must include the words “hall of fame.”

    2.  The department shall issue license plates that indicate status as a hall of fame athlete for a passenger car or a light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that indicate status as a hall of fame athlete if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that indicate status as a hall of fame athlete.

    3.  An application for the issuance or renewal of license plates that indicate status as a hall of fame athlete is void unless it is accompanied by documentation which, in the determination of the department, provides reasonable proof of identity and status as a hall of fame athlete.

    4.  In addition to all other applicable registration and license fees and [motor vehicle privilege] governmental services taxes:

    (a) A person who requests license plates that indicate status as a hall of fame athlete shall pay a fee to the department of $35.

    (b) License plates that indicate status as a hall of fame athlete are renewable upon the payment to the department of $10.

    5.  If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, he may retain the plates and:

    (a) Affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set forth in this chapter; or

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

    6.  As used in this section, “hall of fame athlete” means a current or former athlete who has been inducted into a hall of fame pertaining to the sport in which the athlete participates or participated, including, but not limited to:

    (a) The National Baseball Hall of Fame, located in Cooperstown, New York.

    (b) The Basketball Hall of Fame, located in Springfield, Massachusetts.

    (c) The Pro Football Hall of Fame, located in Canton, Ohio.

    (d) The Hockey Hall of Fame, located in Toronto, Ontario, Canada.

    (e) The National Soccer Hall of Fame, located in Oneonta, New York.

    (f) The International Tennis Hall of Fame, located in Newport, Rhode Island.

    (g) The Pro Rodeo Hall of Fame, located in Colorado Springs, Colorado.

    (h) Any hall of fame which has been established at a university or community college within the University and Community College System of Nevada.


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ê2001 Statutes of Nevada, Page 318 (Chapter 13, SB 59)ê

 

    Sec. 47.  NRS 482.3753 is hereby amended to read as follows:

    482.3753  1.  Except as otherwise provided in this section, the department, in cooperation with professional fire fighters in the State of Nevada, shall design, prepare and issue license plates that recognize employment as a professional fire fighter using any colors and designs which the department deems appropriate. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

    2.  The department shall issue license plates that recognize employment as a professional fire fighter for a passenger car or a light commercial vehicle upon application by a qualified person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that recognize employment as a professional fire fighter if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that recognize employment as a professional fire fighter.

    3.  An application for the issuance or renewal of license plates that recognize employment as a professional fire fighter is void unless it is accompanied by documentation which, in the determination of the department, provides reasonable proof of the identity of the applicant and proof of his current employment as a professional fire fighter or his status as a retired professional fire fighter. Such documentation may include, but is not limited to:

    (a) An identification card which indicates that the applicant is currently employed as a professional fire fighter or is currently a member of a fire-fighters’ union; or

    (b) Evidence of his former employment as a professional fire fighter.

    4.  The fee payable to the department for license plates that recognize employment as a professional fire fighter is $35, in addition to all other applicable registration and license fees and [motor vehicle privilege] governmental services taxes. The license plates are renewable upon the payment to the department of $10 in addition to all other applicable registration and license fees and [motor vehicle privilege] governmental services taxes.

    5.  If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, he may retain the plates and:

    (a) Affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set out in this chapter; or

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

    6.  As used in this section, “retired professional fire fighter” means a person who retired from employment with a fire department within this state after completing at least 10 years of creditable service as a fire fighter within this state.

    Sec. 48.  NRS 482.3755 is hereby amended to read as follows:

    482.3755  1.  An owner of a motor vehicle who is a resident of this state and is a member of the Nevada Wing of the Civil Air Patrol may, upon application on a form prescribed and furnished by the department, signed by the member and his commanding officer and accompanied by proof of membership, be issued license plates upon which is inscribed CIVIL AIR PATROL with four consecutive numbers.


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ê2001 Statutes of Nevada, Page 319 (Chapter 13, SB 59)ê

 

the member and his commanding officer and accompanied by proof of membership, be issued license plates upon which is inscribed CIVIL AIR PATROL with four consecutive numbers. The fee for the special license plates is $35, in addition to all other applicable registration and license fees and [motor vehicle privilege] governmental services taxes. The annual fee for a renewal sticker is $10.

    2.  Each member may request two sets of license plates as described in subsection 1. The second set of license plates for an additional vehicle must have a different number than the first set of license plates issued to the same member. The license plates may only be used on private passenger vehicles or noncommercial trucks.

    3.  Any member of the Nevada Wing of the Civil Air Patrol who retires or is honorably discharged may retain any license plates issued to him pursuant to subsection 1. If a member is dishonorably discharged, he shall surrender any of these special plates in his possession to the department at least 10 days before his discharge and, in lieu of those plates, is entitled to receive regular Nevada license plates.

    Sec. 49.  NRS 482.3763 is hereby amended to read as follows:

    482.3763  1.  The director shall order the preparation of special license plates in support of veterans’ homes, and establish procedures for the application for and issuance of the plates.

    2.  The department shall, upon application therefor and payment of the prescribed fees, issue special license plates in support of veterans’ homes to any veteran of the Armed Forces of the United States or his spouse, parent or child. The plates must be inscribed with the word VETERAN and four consecutive numbers, and with the seal of the branch of the Armed Forces of the United States requested by the applicant.

    3.  If during a registration year, the holder of special plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, he shall retain the plates and:

    (a) Affix them to another vehicle which meets the requirements of this section and report the change to the department in accordance with the procedure set forth for other transfers; or

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

    4.  In addition to all other applicable registration and license fees and [motor vehicle privilege] governmental services taxes, and to the special fee for veterans’ homes, the fee for:

    (a) The initial issuance of the special license plates is $35.

    (b) The annual renewal sticker is $10.

    5.  If the special plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of replacement license plates from the department for a fee of $10.

    Sec. 50.  NRS 482.3765 is hereby amended to read as follows:

    482.3765  1.  A person who qualifies pursuant to this section may register one passenger car or light commercial vehicle having a manufacturer’s rated carrying capacity of 1 ton or less, for his own personal use. A veteran of the Armed Forces of the United States who survived the attack on Pearl Harbor on December 7, 1941, is entitled to a specially designed license plate inscribed with the words PEARL HARBOR VETERAN or PEARL HARBOR SURVIVOR, at the option of the person who qualifies pursuant to this section, and three or four consecutive numbers.


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

ê2001 Statutes of Nevada, Page 320 (Chapter 13, SB 59)ê

 

who qualifies pursuant to this section, and three or four consecutive numbers.

    2.  The department shall issue a specially designed license plate for persons qualified pursuant to this section who submit an application on a form prescribed by the department and evidence of their status as a survivor required by the department.

    3.  If during a registration year, the holder of a special plate issued pursuant to this section disposes of the vehicle to which the plates are affixed, he shall retain the plates and:

    (a) Affix them to another vehicle which meets the requirements of this section and report the change to the department in accordance with the procedure set forth for other transfers; or

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

    4.  The fee for the special license plate is $25, in addition to all other applicable registration and license fees and [motor vehicle privilege] governmental services taxes. The annual fee for a renewal sticker is $5.

    Sec. 51.  NRS 482.3775 is hereby amended to read as follows:

    482.3775  1.  A person who qualifies pursuant to this section may register one passenger car or light commercial vehicle having a manufacturer’s rated carrying capacity of 1 ton or less, for his own personal use. A veteran of the Armed Forces of the United States who was awarded the Purple Heart is entitled to a specially designed license plate which indicates that he is a recipient of the Purple Heart.

    2.  The department shall issue a specially designed license plate for any person qualified pursuant to this section who submits an application on a form prescribed by the department and evidence of his status as a recipient of the Purple Heart as required by the department. The department may designate any appropriate colors for the special plates.

    3.  If, during a registration year, the holder of a special plate issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, he shall retain the plates and:

    (a) Affix them to another vehicle which meets the requirements of this section and report the change to the department in accordance with the procedure set forth for other transfers; or

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

    4.  Except as otherwise provided in this subsection, no fee in addition to the applicable registration and license fees and [motor vehicle privilege] governmental services taxes may be charged for the issuance or renewal of special license plates issued pursuant to this section. If the special plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of replacement license plates from the department for a fee of $5.

    Sec. 52.  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.


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ê2001 Statutes of Nevada, Page 321 (Chapter 13, SB 59)ê

 

    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] governmental services 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] governmental services 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] and governmental services 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:

    (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 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 motor vehicles branch of the department to reimburse the 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. 53.  NRS 482.37905 is hereby amended to read as follows:

    482.37905  1.  Except as otherwise provided in this subsection, the department, in cooperation with the organizations in this state which assist in the donation and procurement of human organs, shall design, prepare and issue license plates that encourage the donation of human organs using any colors and designs that the department deems appropriate. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.


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ê2001 Statutes of Nevada, Page 322 (Chapter 13, SB 59)ê

 

shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

    2.  The department may issue license plates that encourage the donation of human organs for any passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that encourage the donation of human organs if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates which encourage the donation of human organs pursuant to subsection 3.

    3.  The fee for license plates to encourage the donation of human organs is $35, in addition to all other applicable registration and license fees and [motor vehicle privilege] governmental services taxes. The license plates are renewable upon the payment of $10.

    4.  If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, he may retain the plates and:

    (a) Affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set forth in this chapter; or

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

    Sec. 54.  NRS 482.37915 is hereby amended to read as follows:

    482.37915  1.  The department shall, using any colors and designs that the department deems appropriate, design, prepare and issue license plates which indicate combined support for the Juvenile Diabetes Foundation International and the Sickle Cell Disease Association of America. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

    2.  The department shall issue license plates that indicate combined support for the Juvenile Diabetes Foundation International and the Sickle Cell Disease Association of America for a passenger car or a light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that indicate support for the Juvenile Diabetes Foundation International and the Sickle Cell Disease Association of America if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that indicate combined support for the Juvenile Diabetes Foundation International and the Sickle Cell Disease Association of America.

    3.  The fee for license plates that indicate combined support for the Juvenile Diabetes Foundation International and the Sickle Cell Disease Association of America is $35, in addition to all other applicable registration and license fees and [motor vehicle privilege] governmental services taxes. The license plates are renewable upon the payment of $10.

    4.  In addition to all fees for the license, registration and [privilege] governmental services taxes, a person who requests a set of license plates that indicate support for the Juvenile Diabetes Foundation International and the Sickle Cell Disease Association of America must pay for the initial issuance of the plates and for each renewal of the plates an additional fee of $20, to be distributed to the Juvenile Diabetes Foundation International and the Sickle Cell Disease Association of America in accordance with subsection 5.


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ê2001 Statutes of Nevada, Page 323 (Chapter 13, SB 59)ê

 

the Sickle Cell Disease Association of America must pay for the initial issuance of the plates and for each renewal of the plates an additional fee of $20, to be distributed to the Juvenile Diabetes Foundation International and the Sickle Cell Disease Association of America in accordance with subsection 5.

    5.  The department shall transmit each fee collected pursuant to subsection 4 to the health division of the department of human resources, which shall distribute those fees to the Nevada chapter of the Juvenile Diabetes Foundation International or to the Sickle Cell Disease Association of America in accordance with the preference expressed by the person at the time the fees are paid.

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

    (a) Affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set forth in this chapter; or

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

    Sec. 55.  NRS 482.37917 is hereby amended to read as follows:

    482.37917  1.  Except as otherwise provided in this subsection, the department, in cooperation with the state department of agriculture and the Nevada Future Farmers of America Foundation, shall design, prepare and issue license plates which indicate support for the promotion of agriculture within this state, including, without limitation, support for the programs and activities of the Future Farmers of America within this state, using any colors that the department deems appropriate. The design of the license plates must include the phrase “People Grow Things Here!” and an identifying symbol furnished by the Nevada Future Farmers of America Foundation. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

    2.  If the department receives at least 250 applications for the issuance of license plates which indicate support for the promotion of agriculture within this state, the department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates which indicate support for the promotion of agriculture within this state if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates which indicate support for the promotion of agriculture within this state pursuant to subsections 3 and 4.

    3.  The fee for license plates which indicate support for the promotion of agriculture within this state is $35, in addition to all other applicable registration and license fees and [motor vehicle privilege] governmental services taxes. The license plates are renewable upon the payment of $10.

    4.  In addition to all fees for the license, registration and [privilege] governmental services taxes, a person who requests a set of license plates which indicate support for the promotion of agriculture within this state must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed in accordance with subsection 5.


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ê2001 Statutes of Nevada, Page 324 (Chapter 13, SB 59)ê

 

renewal of the plates an additional fee of $20, to be distributed in accordance with subsection 5.

    5.  The department shall deposit the fees collected pursuant to subsection 4 with the state treasurer for credit to the state general fund. The state treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this section in the following manner:

    (a) Remit one-half of the fees to the Nevada Future Farmers of America Foundation for the support of programs and activities of the Future Farmers of America within this state.

    (b) Deposit one-half of the fees for credit to the account for license plates for the promotion of agriculture within this state created pursuant to  NRS 561.411.

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

    (a) Affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set out in this chapter; or

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

    Sec. 56.  NRS 482.37919 is hereby amended to read as follows:

    482.37919  1.  Except as otherwise provided in this subsection, the department shall, in cooperation with the board of directors of the Las Vegas Valley water district, design, prepare and issue license plates to support the desert preserve established by the board of directors of the Las Vegas Valley water district. The license plates may include any colors and designs that the department deems appropriate.

    2.  The department may issue license plates specified in subsection 1 for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to the provisions of NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to the provisions of this chapter. A person may request that personalized prestige license plates issued pursuant to the provisions of NRS 482.3667 be combined with license plates specified in subsection 1 if that person pays, in addition to the fees specified in subsections 3 and 4, the fees for the personalized prestige license plates.

    3.  The fee for license plates specified in subsection 1 is $35. The fee is in addition to any other applicable registration and license fees and [motor vehicle privilege] governmental services taxes. The license plates are renewable upon the payment of $10.

    4.  In addition to the fees for the license, registration and [privilege] governmental services taxes, a person who requests the issuance of license plates specified in subsection 1 must pay:

    (a) For the initial issuance of the plates, an additional fee of $25; and

    (b) For each renewal of the plates, an additional $20 to support the desert preserve specified in subsection 1.

    5.  The department shall deposit the fees collected pursuant to the provisions of subsection 4 with the state treasurer for credit to an account for the support of the desert preserve established by the board of directors of the Las Vegas Valley water district. On or before January 1, April 1, July 1 and October 1 of each year, the state controller shall distribute the money deposited in the account for the preceding quarter to the board of directors of the Las Vegas Valley water district.


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ê2001 Statutes of Nevada, Page 325 (Chapter 13, SB 59)ê

 

deposited in the account for the preceding quarter to the board of directors of the Las Vegas Valley water district.

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

    (a) Affix the license plates to another vehicle that meets the requirements of this section if the transfer and registration fees are paid pursuant to the provisions of this chapter; or

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

    Sec. 57.  NRS 482.3792 is hereby amended to read as follows:

    482.3792  1.  Except as otherwise provided in this subsection, the department shall, in cooperation with the state arts council, design, prepare and issue license plates for the support of the education of children in the arts, using any colors and designs which the department deems appropriate. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

    2.  The department may issue license plates for the support of the education of children in the arts for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of the education of children in the arts if that person pays the fee for the personalized prestige license plates in addition to the fees for the license plates for the support of the education of children in the arts pursuant to subsections 3 and 4.

    3.  The fee for license plates for the support of the education of children in the arts is $35, in addition to all other applicable registration and license fees and [motor vehicle] governmental services taxes. The license plates are renewable upon the payment of $10.

    4.  In addition to all fees for the license, registration and [privilege] governmental services taxes, a person who requests a set of license plates for the support of the education of children in the arts must pay for the initial issuance of the plates an additional fee of $15 and for each renewal of the plates an additional fee of $10 to finance programs which promote the education of children in the arts.

    5.  The department shall deposit the fees collected pursuant to subsection 4 with the state treasurer for credit to the account for license plates for the support of the education of children in the arts created pursuant to  NRS 233C.094.

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

    (a) Affix them to another vehicle which meets the requirements of this section if the transfer and registration fees are paid as set out in this chapter; or

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

    Sec. 58.  NRS 482.3793 is hereby amended to read as follows:

    482.3793  1.  Except as otherwise provided in this subsection, the department, in cooperation with the director of the clearinghouse established pursuant to NRS 432.170, shall design, prepare and issue license plates for the support of missing or exploited children.


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ê2001 Statutes of Nevada, Page 326 (Chapter 13, SB 59)ê

 

pursuant to NRS 432.170, shall design, prepare and issue license plates for the support of missing or exploited children. The license plates must be inscribed with a hand. The department may designate any appropriate colors for the license plates. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

    2.  The department may issue license plates for the support of missing or exploited children for any passenger car or light commercial vehicle upon application by any person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of missing or exploited children if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of missing or exploited children pursuant to subsections 3 and 4.

    3.  The fee for license plates for the support of missing or exploited children is $35, in addition to all other applicable registration and license fees and [motor vehicle privilege] governmental services taxes. The license plates are renewable upon the payment of $10.

    4.  In addition to all fees for the license, registration and [privilege] governmental services taxes, a person who requests a set of license plates for the support of missing or exploited children must pay for the initial issuance of the plates an additional fee of $15 and for each renewal of the plates an additional fee of $10 to carry out the provisions of NRS 432.150 to 432.220, inclusive.

    5.  The department shall deposit the fees collected pursuant to subsection 4 with the state treasurer for credit to the account for license plates for the support of missing or exploited children created pursuant to NRS 432.154.

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

    (a) Affix them to another vehicle which meets the requirements of this section if the transfer and registration fees are paid as set out in this chapter; or

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

    Sec. 59.  NRS 482.37933 is hereby amended to read as follows:

    482.37933  1.  Except as otherwise provided in this subsection, the department, in cooperation with the division of state lands of the state department of conservation and natural resources, shall design, prepare and issue license plates for the support of the preservation and restoration of the natural environment of the Lake Tahoe Basin using any colors that the department deems appropriate. The design of the license plates must include a depiction of Lake Tahoe and its surrounding area. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

    2.  The department may issue license plates for the support of the preservation and restoration of the natural environment of the Lake Tahoe Basin for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter.


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ê2001 Statutes of Nevada, Page 327 (Chapter 13, SB 59)ê

 

pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of the preservation and restoration of the natural environment of the Lake Tahoe Basin if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of the preservation and restoration of the natural environment of the Lake Tahoe Basin pursuant to subsections 3 and 4.

    3.  The fee for license plates for the support of the preservation and restoration of the natural environment of the Lake Tahoe Basin is $35, in addition to all other applicable registration and license fees and [motor vehicle privilege] governmental services taxes. The license plates are renewable upon the payment of $10.

    4.  In addition to all fees for the license, registration and [privilege] governmental services taxes, a person who requests a set of license plates for the support of the preservation and restoration of the natural environment of the Lake Tahoe Basin must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20 to finance projects for the preservation and restoration of the natural environment of the Lake Tahoe Basin.

    5.  The department shall deposit the fees collected pursuant to subsection 4 with the state treasurer for credit to the account for license plates for the support of the preservation and restoration of the natural environment of the Lake Tahoe Basin created pursuant to NRS 321.5951.

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

    (a) Affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set out in this chapter; or

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

    Sec. 60.  NRS 482.37935 is hereby amended to read as follows:

    482.37935  1.  Except as otherwise provided in this subsection, the department, in cooperation with the division of state lands of the state department of conservation and natural resources, shall design, prepare and issue license plates for the support of the natural environment of the Mount Charleston area using any colors that the department deems appropriate. The design of the license plates must include a depiction of Mount Charleston and its surrounding area. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

    2.  If the department receives at least 250 applications for the issuance of license plates for the support of the natural environment of the Mount Charleston area, the department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of the natural environment of the Mount Charleston area if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of the natural environment of the Mount Charleston area pursuant to subsections 3 and 4.


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ê2001 Statutes of Nevada, Page 328 (Chapter 13, SB 59)ê

 

plates for the support of the natural environment of the Mount Charleston area pursuant to subsections 3 and 4.

    3.  The fee for license plates for the support of the natural environment of the Mount Charleston area is $35, in addition to all other applicable registration and license fees and [motor vehicle privilege] governmental services taxes. The license plates are renewable upon the payment of $10.

    4.  In addition to all fees for the license, registration and [privilege] governmental services taxes, a person who requests a set of license plates for the support of the natural environment of the Mount Charleston area must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20 to finance projects for the natural environment of the Mount Charleston area.

    5.  The department shall deposit the fees collected pursuant to subsection 4 with the state treasurer for credit to the account for license plates for the support of the natural environment of the Mount Charleston area created pursuant to NRS 321.5959.

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

    (a) Affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set out in this chapter; or

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

    Sec. 61.  NRS 482.37936 is hereby amended to read as follows:

    482.37936  1.  Except as otherwise provided in this subsection, the department, in cooperation with the department of education, shall design, prepare and issue license plates for the support of public education using any colors that the department deems appropriate. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

    2.  The department may issue license plates for the support of public education for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of public education if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of public education pursuant to subsections 3 and 4.

    3.  The fee for license plates for the support of public education is $35, in addition to all other applicable registration and license fees and [motor vehicle privilege] governmental services taxes. The license plates are renewable upon the payment of $10.

    4.  In addition to all fees for the license, registration and [privilege] governmental services taxes, a person who requests a set of license plates for the support of public education must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20 to be used to purchase textbooks and laboratory equipment and pay for field trips for the benefit of pupils in this state.


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ê2001 Statutes of Nevada, Page 329 (Chapter 13, SB 59)ê

 

    5.  The department shall deposit the fees collected pursuant to subsection 4 with the state treasurer for credit to the fund for public education created pursuant to NRS 387.612.

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

    (a) Affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set out in this chapter; or

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

    Sec. 62.  NRS 482.3795 is hereby amended to read as follows:

    482.3795  1.  The department may issue special license plates and registration certificates to residents of Nevada for a fire truck pursuant to this section. Except as otherwise provided in subsection 3, the fire truck must not be used for general transportation, but may be used for musters, exhibitions, parades or similar activities.

    2.  In lieu of the annual registration and fees required by this chapter, and of the [privilege] governmental services tax imposed by chapter 371 of NRS, the owner of a fire truck may submit:

    (a) An affidavit to the department indicating that the fire truck:

         (1) Will only be used for the permitted purposes enumerated in subsection 1;

         (2) Has been inspected and found safe to be operated on the highways of this state; and

         (3) Qualifies as a fire truck pursuant to regulations adopted by the department for this purpose.

    (b) The following fees for the issuance of these license plates:

         (1) For the first issuance.............................................................................. $15

         (2) For a renewal sticker................................................................................... 5

    3.  If the owner elects to use the fire truck as general transportation, he shall pay the regular annual registration and fees prescribed by law and the [privilege] governmental services tax imposed by chapter 371 of NRS.

    4.  License plates issued pursuant to this section must bear the inscription “Fire Truck” and the plates must be numbered consecutively.

    5.  The cost of the die and the modifications necessary for the issuance of a license plate pursuant to this section must be paid from private sources without any expense to the State of Nevada.

    Sec. 63.  NRS 482.380 is hereby amended to read as follows:

    482.380  1.  The department may issue special motor vehicle license plates from year to year to a person who has resided in the State of Nevada for a period of 6 months preceding the date of application for the license plates and who owns a motor vehicle which is a model manufactured during or before 1915.

    2.  To administer the provisions of this section, the department may recognize the Horseless Carriage Club of Nevada as presently constituted as the official Horseless Carriage Club of Nevada and to designate and appoint one member of the board of directors of the Horseless Carriage Club of Nevada to act as and be an ex officio deputy of the department and to perform the duties and functions prescribed by this section without compensation, per diem allowance or travel expenses.


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ê2001 Statutes of Nevada, Page 330 (Chapter 13, SB 59)ê

 

    3.  An applicant for license plates pursuant to the provisions of this section must:

    (a) Fill out and sign an application for license plates on a form prescribed and furnished by the ex officio deputy for licensing antique motor vehicles.

    (b) Present evidence of his eligibility for license plates by showing, to the satisfaction of the ex officio deputy, residence in this state for 6 months preceding the date of application and ownership of an antique motor vehicle which is a model manufactured during or before 1915.

    (c) Present a certificate of inspection issued by a committee, or member thereof, appointed by the board of directors of the Horseless Carriage Club of Nevada verifying that the antique motor vehicle is in safe and satisfactory mechanical condition, is in good condition and state of repair, is well equipped and is covered by a policy of insurance covering public liability and property damage written by an insurance company qualified to do business in this state with limits of not less than $10,000 for each person nor less than $20,000 for each accident, and not less than $5,000 for property damage and which otherwise meets the requirements of chapter 485 of NRS.

    (d) Exhibit a valid driver’s license authorizing the applicant to drive a motor vehicle on the highways of this state.

    (e) Pay the fee prescribed by the laws of this state for the operation of a passenger car, without regard to the weight or the capacity for passengers.

    (f) Pay such other fee as prescribed by the board of directors of the Horseless Carriage Club of Nevada necessary to defray all cost of manufacture, transportation and issuance of the special license plates.

    4.  The ex officio deputy for licensing antique motor vehicles shall each calendar year issue license plates, approved by the department, for each motor vehicle owned by an applicant who meets the requirements of subsection 3, subject to the following conditions:

    (a) The license plates must be numbered and issued consecutively each year beginning with “Horseless Carriage 1.”

    (b) The license plates must conform, as nearly as possible, to the color and type of license plate issued in this state for regular passenger cars.

    (c) The special license plates issued pursuant to this section must be specified, procured, transported and issued solely at the expense and cost of the Horseless Carriage Club of Nevada and without any expense to the State of Nevada.

    5.  The ex officio deputy for licensing antique motor vehicles shall pay quarterly to the department the prescribed fee as provided in paragraph (e) of subsection 3. The fees so received must be used, disbursed or deposited by the department in the same manner as provided by law for other fees for registration and licensing. All other fees collected to defray expenses must be retained by the board of directors of the Horseless Carriage Club of Nevada.

    6.  The license plates obtained pursuant to this section are in lieu of the license plates otherwise provided for in this chapter and are valid for the calendar year in which they are issued.

    7.  The department shall charge and collect the following fees for the issuance of these license plates, which fees are in addition to all other license fees and [motor vehicle] applicable taxes:

    (a) For the first issuance................................................................................... $35

    (b) For a renewal sticker..................................................................................... 10


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ê2001 Statutes of Nevada, Page 331 (Chapter 13, SB 59)ê

 

    Sec. 64.  NRS 482.381 is hereby amended to read as follows:

    482.381  1.  The department may issue special license plates and registration certificates to residents of Nevada for any motor vehicle which is a model manufactured more than 40 years before the date of application for registration pursuant to this section.

    2.  License plates issued pursuant to this section must bear the inscription “Old Timer” and the plates must be numbered consecutively.

    3.  The Nevada Old Timer Club members shall bear the cost of the dies for carrying out the provisions of this section.

    4.  The department shall charge and collect the following fees for the issuance of these license plates, which fees are in addition to all other license fees and [motor vehicle] applicable taxes:

    (a) For the first issuance................................................................................... $35

    (b) For a renewal sticker..................................................................................... 10

    Sec. 65.  NRS 482.3812 is hereby amended to read as follows:

    482.3812  1.  The department may issue special license plates and registration certificates to residents of Nevada for any passenger car or light commercial vehicle:

    (a) Having a manufacturer’s rated carrying capacity of 1 ton or less; and

    (b) Manufactured not later than 1948.

    2.  License plates issued pursuant to this section must be inscribed with the words STREET ROD and three or four consecutive numbers.

    3.  If during a registration year, the holder of special plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, he shall retain the plates and:

    (a) Affix them to another vehicle which meets the requirements of this section and report the change to the department in accordance with the procedure set forth for other transfers; or

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

    4.  The fee for the special license plates is $35, in addition to all other applicable registration and license fees and [motor vehicle privilege] governmental services taxes. The fee for an annual renewal sticker is $10.

    Sec. 66.  NRS 482.3814 is hereby amended to read as follows:

    482.3814  1.  The department may issue special license plates and registration certificates to residents of Nevada for any passenger car or light commercial vehicle:

    (a) Having a manufacturer’s rated carrying capacity of 1 ton or less; and

    (b) Manufactured not earlier than 1949, but at least 20 years before the application is submitted to the department.

    2.  License plates issued pursuant to this section must be inscribed with the words CLASSIC ROD and three or four consecutive numbers.

    3.  If during a registration year, the holder of special plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, he shall retain the plates and:

    (a) Affix them to another vehicle which meets the requirements of this section and report the change to the department in accordance with the procedure set forth for other transfers; or

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


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ê2001 Statutes of Nevada, Page 332 (Chapter 13, SB 59)ê

 

    4.  The fee for the special license plates is $35, in addition to all other applicable registration and license fees and [motor vehicle privilege] governmental services taxes. The fee for an annual renewal sticker is $10.

    Sec. 67.  NRS 482.3816 is hereby amended to read as follows:

    482.3816  1.  The department may issue special license plates and registration certificates to residents of Nevada for any passenger car or light commercial vehicle:

    (a) Having a manufacturer’s rated carrying capacity of 1 ton or less;

    (b) Manufactured at least 25 years before the application is submitted to the department; and

    (c) Containing only the original parts which were used to manufacture the vehicle or replacement parts that duplicate those original parts.

    2.  License plates issued pursuant to this section must be inscribed with the words CLASSIC VEHICLE and three or four consecutive numbers.

    3.  If during a registration year, the holder of special plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, he shall retain the plates and:

    (a) Affix them to another vehicle which meets the requirements of this section and report the change to the department in accordance with the procedure set forth for other transfers; or

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

    4.  The fee for the special license plates is $35, in addition to all other applicable registration and license fees and [motor vehicle privilege] governmental services taxes. The fee for an annual renewal sticker is $10.

    Sec. 68.  NRS 482.385 is hereby amended to read as follows:

    482.385  1.  Except as otherwise provided in subsection 4 and NRS 482.390, a nonresident owner of a vehicle of a type subject to registration pursuant to the provisions of this chapter, owning any vehicle which has been registered for the current year in the state, country or other place of which the owner is a resident and which at all times when operated in this state has displayed upon it the registration license plate issued for the vehicle in the place of residence of the owner, may operate or permit the operation of the vehicle within this state without its registration in this state pursuant to the provisions of this chapter and without the payment of any registration fees to this state.

    2.  This section does not:

    (a) Prohibit the use of manufacturers’, distributors’ or dealers’ license plates issued by any state or country by any nonresident in the operation of any vehicle on the public highways of this state.

    (b) Require registration of vehicles of a type subject to registration pursuant to the provisions of this chapter operated by nonresident common motor carriers of persons or property, contract motor carriers of persons or property, or private motor carriers of property as stated in NRS 482.390.

    (c) Require registration of a vehicle operated by a border state employee.

    3.  When a person, formerly a nonresident, becomes a resident of this state, he shall:

    (a) Within 30 days after becoming a resident; or

    (b) At the time he obtains his driver’s license,

whichever occurs earlier, apply for the registration of any vehicle which he owns and which is operated in this state.


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ê2001 Statutes of Nevada, Page 333 (Chapter 13, SB 59)ê

 

    4.  Any resident operating a motor vehicle upon a highway of this state which is owned by a nonresident and which is furnished to the resident operator for his continuous use within this state, shall cause that vehicle to be registered within 30 days after beginning its operation within this state.

    5.  A person registering a vehicle pursuant to the provisions of subsection 3, 4 or 6 of this section or pursuant to NRS 482.390 must be assessed the registration fees and [privilege] governmental services tax, as required by the provisions of this chapter and chapter 371 of NRS. He must not be allowed credit on those taxes and fees for the unused months of his previous registration.

    6.  If a vehicle is used in this state for a gainful purpose, the owner shall immediately apply to the department for registration, except as otherwise provided in NRS 482.390, 482.395 and 706.801 to 706.861, inclusive.

    7.  An owner registering a vehicle pursuant to the provisions of this section shall surrender the existing nonresident license plates and registration certificates to the department for cancellation.

    8.  A vehicle may be cited for a violation of this section regardless of whether it is in operation or is parked on a highway, in a public parking lot or on private property which is open to the public if, after communicating with the owner or operator of the vehicle, the peace officer issuing the citation determines that:

    (a) The owner of the vehicle is a resident of this state; or

    (b) The vehicle is used in this state for a gainful purpose.

    Sec. 69.  NRS 482.399 is hereby amended to read as follows:

    482.399  1.  Upon the transfer of the ownership of or interest in any vehicle by any holder of a valid registration, or upon destruction of the vehicle, the registration expires.

    2.  The holder of the original registration may transfer the registration to another vehicle to be registered by him and use the same license plate or plates thereon, if the license plate or plates are appropriate for the second vehicle, upon filing an application for transfer of registration and upon paying the transfer registration fee and the excess, if any, of the registration fee and [privilege] governmental services tax on the vehicle to which the registration is transferred over the total registration fee and [privilege] governmental services tax paid on all vehicles from which he is transferring his ownership or interest. Application for transfer of registration must be made in person, if practicable, to any office or agent of the department or to a registered dealer, and the license plate or plates may not be used upon a second vehicle until registration of that vehicle is complete. In computing the [privilege] governmental services tax, the department, its agent or the registered dealer shall credit the portion of the tax paid on the first vehicle attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the second vehicle or on any other vehicle of which the person is the registered owner. If any person transfers his ownership or interest in two or more vehicles, the department or the registered dealer shall credit the portion of the tax paid on all of the vehicles attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the vehicle to which the registration is transferred or on any other vehicle of which the person is the registered owner. The certificates of registration and unused license plates of the vehicles from which a person transfers his ownership or interest must be submitted before credit is given against the tax due on the vehicle to which the registration is transferred or on any other vehicle of which the person is the registered owner.


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ê2001 Statutes of Nevada, Page 334 (Chapter 13, SB 59)ê

 

due on the vehicle to which the registration is transferred or on any other vehicle of which the person is the registered owner.

    3.  In computing the registration fee, the department or its agent or the registered dealer shall credit the portion of the registration fee paid on each vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis against the registration fee due on the vehicle to which registration is transferred. If the amount owed on the registration fee or [privilege] governmental services tax on that vehicle is less than the credit on the total registration fee or [privilege] governmental services tax paid on all vehicles from which a person transfers his ownership or interest, the department shall issue to the person a refund in an amount equal to the difference between the amount owed on the registration fee or [privilege] governmental services tax on that vehicle and the credit on the total registration fee or [privilege] governmental services tax paid on all vehicles from which a person transfers his ownership or interest.

    4.  If the license plate or plates are not appropriate for the second vehicle, the plate or plates must be surrendered to the department or registered dealer and an appropriate plate or plates must be issued by the department. The department shall not reissue the surrendered plate or plates until the next succeeding licensing period.

    5.  If application for transfer of registration is not made within 60 days after the destruction or transfer of ownership of or interest in any vehicle, the license plate or plates must be surrendered to the department on or before the 60th day for cancellation of the registration.

    6.  If a person cancels his registration and surrenders to the department his license plates for a vehicle, the department shall issue to the person a refund of the portion of the registration fee and [privilege] governmental services tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis.

    Sec. 70.  NRS 482.400 is hereby amended to read as follows:

    482.400  1.  Except as otherwise provided in this subsection and subsections 2, 5 and 6, upon a transfer of the title to, or the interest of an owner in, a vehicle registered or issued a certificate of ownership under the provisions of this chapter, the person or persons whose title or interest is to be transferred and the transferee shall write their signatures with pen and ink upon the certificate of ownership issued for the vehicle, together with the residence address of the transferee, in the appropriate spaces provided upon the reverse side of the certificate. The department may, by regulation, prescribe alternative methods by which a signature may be affixed upon a manufacturer’s certificate of origin or a manufacturer’s statement of origin issued for a vehicle. The alternative methods must ensure the authenticity of the signatures.

    2.  The department shall provide a form for use by a dealer for the transfer of ownership of a vehicle when the spaces provided upon the reverse side of the certificate of ownership issued for the vehicle have been filled. The form must be produced in a manner which ensures that the form may not be easily counterfeited. Upon the attachment of the form to a certificate of ownership issued for a vehicle, the form becomes a part of that certificate of ownership. The department may charge a fee not to exceed $5 for each form it provides.


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ê2001 Statutes of Nevada, Page 335 (Chapter 13, SB 59)ê

 

    3.  Except as otherwise provided in subsections 4, 5 and 6, the transferee shall immediately apply for registration as provided in NRS 482.215, and shall pay the [privilege] governmental services taxes due.

    4.  If the transferee is a dealer who intends to resell the vehicle, he shall deliver immediately to the department or its agent the certificate of registration and the license plate or plates for the vehicle. When the vehicle is resold, the purchaser shall apply for registration as provided in NRS 482.215, and shall pay the [privilege] governmental services taxes due. The dealer is not required to register, pay a transfer or registration fee for, or pay a [privilege] governmental services tax on the vehicle.

    5.  If the transferee consigns the vehicle to a wholesale vehicle auctioneer:

    (a) The transferee shall, within 30 days after that consignment, provide the wholesale vehicle auctioneer with the certificate of ownership for the vehicle, executed as required by subsection 1, and any other documents necessary to obtain another certificate of ownership for the vehicle.

    (b) The wholesale vehicle auctioneer shall be deemed a transferee of the vehicle for the purposes of subsection 4. The wholesale vehicle auctioneer is not required to comply with subsection 1 if he:

         (1) Does not take an ownership interest in the vehicle;

         (2) Auctions the vehicle to a vehicle dealer or automobile wrecker who is licensed as such in this or any other state; and

         (3) Stamps his name, his identification number as a vehicle dealer and the date of the auction on the certificate of ownership and the bill of sale and any other documents of transfer for the vehicle.

    6.  A charitable organization which intends to sell a vehicle which has been donated to the organization must deliver immediately to the department or its agent the certificate of registration and the license plate or plates for the vehicle. The charitable organization must not be required to register, pay a transfer or registration fee for, or pay a [privilege] governmental services tax on the vehicle. When the vehicle is sold by the charitable organization, the purchaser shall apply for registration as provided in NRS 482.215 and pay the [privilege] governmental services taxes due.

    7.  As used in this section, “wholesale vehicle auctioneer” means a dealer who:

    (a) Is engaged in the business of auctioning consigned motor vehicles to vehicle dealers or automobile wreckers, or both, who are licensed as such in this or any other state; and

    (b) Does not in the ordinary course of his business buy, sell or own the vehicles he auctions.

    Sec. 71.  NRS 482.410 is hereby amended to read as follows:

    482.410  The transferee of a vehicle shall apply for a certificate of registration and pay the [privilege] governmental services tax to the deputy registrar of motor vehicles in any county of this state, in the manner provided in this chapter for an original registration.

    Sec. 72.  NRS 482.463 is hereby amended to read as follows:

    482.463  The holder of an original registration for a motor vehicle with a declared gross weight in excess of 26,000 pounds may, upon surrendering the certificate of registration and the corresponding license plates to the department or upon signing a notarized statement indicating the certificate of registration and the corresponding license plates were lost and providing such supporting documentation as the department requires, apply to the department:


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ê2001 Statutes of Nevada, Page 336 (Chapter 13, SB 59)ê

 

such supporting documentation as the department requires, apply to the department:

    1.  For a refund of an amount equal to that portion of the [privilege] governmental services taxes and registration fees paid for the motor vehicle that is attributable, on a pro rata monthly basis, to the remainder of the calendar year; or

    2.  To have that amount credited against excise taxes due pursuant to the provisions of chapter 366 of NRS.

    Sec. 73.  NRS 482.478 is hereby amended to read as follows:

    482.478  Except as otherwise provided in NRS 482.463, upon the rescission or cancellation of the registration of any vehicle pursuant to NRS 482.460 to 482.475, inclusive, or the surrender of the corresponding license plates, no refund of the registration fees or [privilege] governmental services taxes paid for the vehicle may be allowed by the department.

    Sec. 74.  NRS 482.482 is hereby amended to read as follows:

    482.482  1.  In addition to any other applicable fee listed in NRS 482.480, there must be paid to the department for the registration of every motortruck, truck-tractor or bus which has a declared gross weight of:

    (a) Less than 6,000 pounds, a fee of $33.

    (b) Not less than 6,000 pounds and not more than 8,499 pounds, a fee of $38.

    (c) Not less than 8,500 pounds and not more than 10,000 pounds, a fee of $48.

    (d) Not less than 10,001 pounds and not more than 26,000 pounds, a fee of $12 for each 1,000 pounds or fraction thereof.

    (e) Not less than 26,001 pounds and not more than 80,000 pounds, a fee of $17 for each 1,000 pounds or fraction thereof. The maximum fee is $1,360.

    2.  Except as otherwise provided in subsection 6, the original or renewal registration fees for fleets of vehicles with a declared gross weight in excess of 26,000 pounds and the governmental services tax imposed by the provisions of chapter 371 of NRS for the privilege of operating those vehicles may be paid in equal installments. Installments are due on or before January 31, April 1, July 1 and October 1 of each year. The amount of each installment must be determined by taking the total fee and [privilege] governmental services tax due for the calendar year and dividing that total by four. The department shall not allow installment payments for a vehicle added to a fleet after the original or renewal registration is issued.

    3.  If the due date of any installment falls on a Saturday, Sunday or legal holiday, that installment is not due until the next following business day.

    4.  Any payment required by subsection 2 shall be deemed received by the department on the date shown by the post office cancellation mark stamped on an envelope containing payment properly addressed to the department, if that date is earlier than the actual receipt of that payment.

    5.  A person who fails to pay any fee pursuant to subsection 2 or [privilege] governmental services tax when due shall pay to the department a penalty of 10 percent of the amount of the unpaid fee, plus interest on the unpaid fee at the rate of 1 percent per month or fraction of a month from the date the fee and tax were due until the date of payment.

    6.  If a person fails to pay any fee pursuant to subsection 2 or [privilege] governmental services tax when due, the department may, in addition to the penalty provided for in subsection 5, require that person to pay:


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ê2001 Statutes of Nevada, Page 337 (Chapter 13, SB 59)ê

 

    (a) The entire amount of the unpaid registration fee and [privilege] governmental services tax owed by that person for the remainder of the calendar year; and

    (b) On an annual basis, any registration fee and [privilege] governmental services tax set forth in subsection 2 which may be incurred by that person in any subsequent calendar year.

    Sec. 75.  Section 30 of chapter 491, Statutes of Nevada 1991, at page 1448, is hereby amended to read as follows:

    Sec. 30.  1.  Except as otherwise provided in section 34 of this act and in addition to all other taxes imposed on the valuation of vehicles, the board of county commissioners of Churchill, Elko, Humboldt, Washoe and Lander counties and the board of supervisors of Carson City may by ordinance, but not as in a case of emergency, impose a special [privilege] governmental services tax of 1 cent on each $1 of valuation of the vehicle for the privilege of operating upon the public streets, roads and highways of the county on each vehicle based in the county except:

    (a) A vehicle exempt from the [motor vehicle privilege] governmental services tax pursuant to [this chapter;] chapter 371 of NRS; or

    (b) A vehicle subject to NRS 706.011 to 706.861, inclusive, which is engaged in interstate or intercounty operations.

    2.  The department of motor vehicles and public safety shall deposit the proceeds of the tax imposed pursuant to subsection 1 with the state treasurer for credit to the tax distribution fund for the county in which it was collected.

    3.  As used in this section “based” has the meaning ascribed to it in NRS 482.011.

    Sec. 76.  Section 38 of chapter 491, Statutes of Nevada 1991, as last amended by chapter 196, Statutes of Nevada 1999, at page 940, is hereby amended to read as follows:

    Sec. 38.  1.  The board of county commissioners of Washoe County shall reduce the rate of the tax ad valorem imposed pursuant to section 33 of this act by 1.5 cents per $100 of assessed valuation for the fiscal year 1993-1994.

    2.  The board of county commissioners of Washoe County shall reduce the rate of the tax ad valorem imposed pursuant to section 33 of this act, in addition to the reduction made pursuant to subsection 1, by 4 cents per $100 of assessed valuation for the fiscal year 1994-1995.

    3.  The board of county commissioners of Washoe County shall reduce the rate of the special [privilege] governmental services tax imposed pursuant to section 30 of this act to the amounts shown for each $1 of valuation for the respective fiscal years:

 

2001-2002............................................................................................ 0.8 cents

2002-2003............................................................................................ 0.6 cents

2003-2004............................................................................................ 0.4 cents

2004-2005............................................................................................ 0.2 cents

 

The board of county commissioners of Washoe County shall not impose or levy that special [privilege] governmental services tax for any fiscal year after June 30, 2005.


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ê2001 Statutes of Nevada, Page 338 (Chapter 13, SB 59)ê

 

    4.  The board of county commissioners of Washoe County or Churchill County shall not, after June 30, 1994:

    (a) Except as otherwise provided in subsection 2, 3 or 5, decrease the rate of any of the taxes imposed pursuant to sections 29 to 33, inclusive, of this act unless all of the local governments that are entitled to receive a monthly distribution from the tax distribution fund for the county agree to the decrease.

    (b) Increase the rate of any tax imposed pursuant to sections 29 to 33, inclusive, of this act.

    5.  If necessary to avoid violating the provisions of subsection 2 of section 31 of this act, the board of county commissioners of Washoe County shall reduce the amount of the license fee imposed pursuant to that section by the minimum amount necessary to comply with the provisions of subsection 2 of section 31 of this act.

    Sec. 77.  Section 9 of chapter 475, Statutes of Nevada 1993, at page 1953, is hereby amended to read as follows:

    Sec. 9.  1.  Except as otherwise provided in section 14 of this act and in addition to all other taxes imposed on the valuation of vehicles, the board of county commissioners of Douglas, Esmeralda, Lincoln, Lyon, Mineral, Nye, Pershing, Storey and White Pine counties may by ordinance, in the manner provided in section 13 of this act, impose a special [privilege] governmental services tax of 1 cent on each $1 of valuation of the vehicle for the privilege of operating upon the public streets, roads and highways of the county on each vehicle based in the county except:

    (a) A vehicle exempt from the [motor vehicle privilege] governmental services tax pursuant to chapter 371 of NRS; or

    (b) A vehicle subject to NRS 706.011 to 706.861, inclusive, which is engaged in interstate or intercounty operations.

    2.  The department of motor vehicles and public safety shall deposit the proceeds of the tax imposed pursuant to subsection 1 with the state treasurer for credit to the tax distribution fund for the county in which it was collected.

    3.  As used in this section “based” has the meaning ascribed to it in NRS 482.011.

    Sec. 78.  1.  This section and sections 1 to 24, inclusive, 26, 28 to 77, inclusive, and 79 of this act become effective on July 1, 2001.

    2.  Section 25 of this act becomes effective at 12:01 a.m. on October 1, 2003.

    3.  Section 27 of this act becomes effective at 12:02 a.m. on October 1, 2003.

    Sec. 79.  The legislative counsel shall, in preparing the reprint and supplements to the Nevada Revised Statutes and supplements to the Nevada Administrative Code, appropriately change any references to a “privilege tax” on motor vehicles to a “governmental services tax.”

________

 


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ê2001 Statutes of Nevada, Page 339ê

 

CHAPTER 14, SB 199

Senate Bill No. 199–Committee on Finance

 

CHAPTER 14

 

AN ACT making appropriations for the purchase and light renovation by the Legislative Counsel Bureau of the Capitol Apartments; and providing other matters properly relating thereto.

 

[Approved: April 10, 2001]

 

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 legislative fund, created by NRS 218.085, the sum of $1,025,000 for the purchase, and the sum of $553,100 for light renovation, by the Legislative Counsel Bureau of the Capitol Apartments located at 201 East Sixth Street, Carson City, Nevada. The parcel of land proposed for acquisition lies in a portion of the SE 1/4 SW 1/4 of Section 17, Township 15 North, Range 20 East, Mount Diablo Meridian, County of Carson City, State of Nevada. Said parcel being more particularly described as:

 

Lots 1 through 10, inclusive, of Block 6, as shown on the map of Pierson-Goodridge Addition, filed in the office of the Recorder of Carson City, Nevada, on June 3, 1963, in Book 1 of Maps, at Page 174, as Document No. 57481.

 

ASSESSOR’S PARCEL NO.  4-065-01

 

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

________

 

CHAPTER 15, SB 53

Senate Bill No. 53–Senator Care

 

CHAPTER 15

 

AN ACT relating to banks; repealing the provisions establishing criminal penalties for certain acts in derogation of a bank; and providing other matters properly relating thereto.

 

[Approved: April 10, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 668.105 is hereby repealed.

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

________

 


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ê2001 Statutes of Nevada, Page 340ê

 

CHAPTER 16, AB 369

Assembly Bill No. 369–Select Committee on Energy

 

CHAPTER 16

 

AN ACT relating to utilities; revising and repealing various provisions governing the regulation of public utilities; preventing certain electric utilities from disposing of certain generation assets for a certain period; placing restrictions on the disposal of such assets after that period; requiring certain electric utilities to use deferred accounting under certain circumstances; repealing provisions pertaining to the competitive provision of retail electric service; requiring the public utilities commission of Nevada to take certain actions to carry out the provisions of this act; establishing certain requirements and making various changes relating to the rates charged by certain electric utilities; requiring certain entities to obtain approval from the commission before carrying out certain transactions; and providing other matters properly relating thereto.

 

[Approved: April 18, 2001]

 

    Whereas, In 1997, the legislature enacted comprehensive legislation designed to prepare the electric industry in this state for retail competition; and

    Whereas, In 1999, the legislature enacted additional legislation delaying the onset of such competition until March 1, 2000, unless a determination was made that a later date was necessary to protect the public interest; and

    Whereas, On several occasions, a determination has been made that commencement of retail competition in the electric industry is not yet in the public interest of this state; and

    Whereas, Many residents of this state are senior citizens whose health is especially vulnerable to extreme heat and extreme cold and who rely on electricity to provide safe temperatures in their homes; and

    Whereas, In arid regions of this state, there are many population centers that cannot be sustained without electricity to pump potable drinking water; and

    Whereas, Several of the major industries in this state are particularly dependent upon electricity; and

    Whereas, Under present market conditions in the electric industry, comprehensive and effective regulation of electric utilities in this state is vital to the economy of this state and is essential to protect the health, safety and welfare of the residents of this state; and

    Whereas, Until present market conditions have changed and adequate mechanisms have been developed to allow this state to adjust its comprehensive regulation of electric utilities in Nevada, this state has a compelling interest in continuing its comprehensive regulation of electric utilities to protect the consumers in this state, to safeguard the economy of this state and to ensure that the electric utilities in this state provide adequate and reliable electric service at just and reasonable prices; and

    Whereas, As part of its comprehensive regulation of electric utilities in Nevada, this state has traditionally exercised its inherent jurisdiction over electric generation assets which have been dedicated to serve the public convenience and necessity in Nevada and which are used and useful for the convenience of the public in Nevada; and

    Whereas, To control volatility in the price of electricity in the retail market and to ensure that the electric utilities in this state have necessary and sufficient resources to provide adequate and reliable electric service under present market conditions, this state must retain its traditional jurisdiction and control over electric generation assets until other mechanisms are available to accomplish these goals; and


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ê2001 Statutes of Nevada, Page 341 (Chapter 16, AB 369)ê

 

present market conditions, this state must retain its traditional jurisdiction and control over electric generation assets until other mechanisms are available to accomplish these goals; and

    Whereas, In recent years, the western United States has experienced a severe and ongoing crisis in the electric industry marked by critical shortages in the supply of electricity and extreme volatility in the price of electricity in the wholesale and retail markets; and

    Whereas, The severe and ongoing crisis in the electric industry in the western United States is both an immediate threat and a continuing danger to the economy of this state and to the health, safety and welfare of the residents of this state; and

    Whereas, Until the severe and ongoing crisis in the electric industry in the western United States has sufficiently abated, this state must maintain its comprehensive regulation over electric utilities and its traditionally broad jurisdiction and control over electric generation assets to promote stability and predictability in the electric industry, to foster confidence in the financial markets, to ensure that consumers have adequate and reliable electric service and to protect the public from unjust and unreasonable utility rates; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 703.010 is hereby amended to read as follows:

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

    1.  “Alternative seller” [has the meaning ascribed to it in NRS 704.967.] means a person who sells any competitive, discretionary or potentially competitive component of natural gas service pursuant to NRS 704.993 to 704.999, inclusive.

    2.  “Commission” means the public utilities commission of Nevada.

    Sec. 2.  NRS 703.025 is hereby amended to read as follows:

    703.025  1.  The commission, by majority vote, shall organize the commission into sections, alter the organization of the commission and reassign responsibilities and duties of the sections of the commission as the commission deems necessary to provide:

    (a) Advice and guidance to the commission on economic policies relating to utilities under the jurisdiction of the commission, and the regulation of such utilities;

    (b) Administrative, technical, legal and support services to the commission; and

    (c) For the regulation of utilities governed by the commission and the services offered by such utilities, including, but not limited to, licensing of such utilities and services and the resolution of consumer complaints.

    2.  The commission shall:

    (a) Formulate the policies of the various sections of the commission;

    (b) Coordinate the activities of the various sections of the commission;

    (c) [Take such] If customers are authorized by a specific statute to obtain a competitive, discretionary or potentially competitive utility service, take any actions which are consistent with [law as] the statute and which are necessary to encourage and enhance:

         (1) A competitive market for the provision of that utility [services] service to customers in this state; and


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ê2001 Statutes of Nevada, Page 342 (Chapter 16, AB 369)ê

 

         (2) The reliability and safety of the provision of [those services] that utility service within that competitive market; and

    (d) Adopt such regulations consistent with law as the commission deems necessary for the operation of the commission and the enforcement of all laws administered by the commission.

    3.  Before reorganizing the commission, the commission shall submit the plan for reorganization to:

    (a) The director of the legislative counsel bureau for transmittal to the appropriate legislative committee and the interim finance committee; and

    (b) The director of the department of administration.

    Sec. 3.  NRS 703.130 is hereby amended to read as follows:

    703.130  1.  The commission shall appoint a deputy commissioner who shall serve in the unclassified service of the state.

    2.  The commission shall appoint a secretary who shall perform such administrative and other duties as are prescribed by the commission. The commission shall also appoint an assistant secretary.

    3.  The commission may employ such other clerks, experts or engineers as may be necessary.

    4.  [The commission may] Except as otherwise provided in subsection 5, the commission:

    (a) May appoint one or more hearing officers for a period specified by the commission to conduct proceedings or hearings that may be conducted by the commission pursuant to chapters 704, 704A, 705, 708 and 711 of NRS. [The commission shall]

    (b) Shall prescribe by regulation the procedure for appealing a decision of a hearing officer to the commission.

    5.  The commission shall not appoint a hearing officer to conduct proceedings or hearings pursuant to sections 8 to 18, inclusive, of this act.

    Sec. 4.  NRS 703.151 is hereby amended to read as follows:

    703.151  In adopting regulations pursuant to this Title relating to the provision of electric service, the commission shall ensure that the regulations:

    1.  [Maximize the benefits of a competitive marketplace for the provision of electric services;

    2.  Maintain, to the extent possible, even and fair competition among providers of electric service;

    3.  Ensure the flexibility necessary for existing utilities that provide energy to enter into a deregulated market;

    4.  Foster innovation in the provision of electric services;

    5.  Ensure and enhance reliability and safety in the provision of electric services;

    6.  Provide for flexible mechanisms for regulating electric services; and

    7.]  Protect, further and serve the public interest;

    2.  Provide effective protection [of persons] for customers who depend upon electric [services.] service;

    3.  Provide for stability in rates and for the availability and reliability of electric service;

    4.  Encourage the development and use of renewable energy resources; and

    5.  Require providers of electric service to engage in prudent business management, effective long-term planning, responsible decision making, sound fiscal strategies and efficient operations.


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    Sec. 5.  NRS 703.320 is hereby amended to read as follows:

    703.320  1.  [When, in] In any matter pending before the commission, if a hearing is required by [law,] a specific statute or is [normally] otherwise required by the commission, the commission shall give notice of the pendency of the matter to all persons entitled to notice of the hearing. The commission shall by regulation specify:

    (a) The manner of giving notice [;] in each type of proceeding; and

    (b) [Where not specified by law, the] The persons entitled to notice in each type of proceeding.

    2.  [Unless,] The commission shall not dispense with a hearing in any matter pending before the commission pursuant to sections 8 to 18, inclusive, of this act.

    3.  In any other matter pending before the commission, the commission may dispense with a hearing and act upon the matter pending unless, within 10 days after the date of the notice of pendency, a person entitled to notice of the hearing files with the commission a request that the hearing be held . [, the commission may dispense with a hearing and act upon the matter pending.

    3.]  If such a request for a hearing is filed, the commission shall give at least 10 days’ notice of the hearing.

    Sec. 6.  Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 19, inclusive, of this act.

    Sec. 7.  As used in this section and NRS 704.330 to 704.430, inclusive, unless the context otherwise requires, “electric utility” has the meaning ascribed to it in section 12 of this act.

    Sec. 8.  As used in sections 8 to 18, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 9 to 15, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 9.  “Affiliate” means a person who, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with an electric utility.

    Sec. 10.  “Consumer’s advocate” means the consumer’s advocate of the bureau of consumer protection in the office of the attorney general.

    Sec. 11.  “Dispose of a generation asset” means to:

    1.  Sell, lease, assign, transfer or divest an interest in a generation asset, in whole or in part, to another person; or

    2.  Perform any promise, covenant or obligation to sell, lease, assign, transfer or divest an interest in a generation asset, in whole or in part, to another person pursuant to the terms of a contract or agreement executed before, on or after the effective date of this act unless, before the effective date of this act:

    (a) All terms and conditions of the contract or agreement were satisfied; and

    (b) All parties to the contract or agreement fully performed all promises, covenants and obligations under the contract or agreement.

    Sec. 12.  1.  “Electric utility” means:

    (a) Any public utility or successor in interest that:

         (1) Is in the business of providing electric service to customers;

         (2) Holds a certificate of public convenience and necessity issued or transferred pursuant to this chapter; and

         (3) In the most recently completed calendar year or in any other calendar year within the 7 calendar years immediately preceding the most recently completed calendar year, had a gross operating revenue of $250,000,000 or more in this state;


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recently completed calendar year, had a gross operating revenue of $250,000,000 or more in this state;

    (b) A subsidiary or affiliate of such a public utility;

    (c) A holding company or other person that holds a controlling interest in such a public utility; and

    (d) A successor in interest to any public utility, subsidiary, affiliate, holding company or person described in paragraph (a), (b) or (c).

    2.  The term does not include a cooperative association, nonprofit corporation, nonprofit association or provider of electric service which is declared to be a public utility pursuant to NRS 704.673 and which provides service only to its members.

    Sec. 13.  1.  “Generation asset” means any plant, facility, equipment or system that:

    (a) Converts other forms of energy into electricity or otherwise produces electricity;

    (b) Is or was owned, possessed, controlled, leased, operated, administered, maintained, acquired or placed into service by an electric utility before, on or after January 1, 2001;

    (c) Is subject, in whole or in part, to regulation by the commission; and

    (d) Is used and useful for the convenience of the public in this state, as determined by the commission.

    2.  The term does not include:

    (a) Any hydroelectric plant, facility, equipment or system which has a generating capacity of not more than 15 megawatts and which is located on the Truckee River or on a waterway that is appurtenant to or connected to the Truckee River.

    (b) Any net metering system, as defined in NRS 704.771.

    Sec. 14.  1.  “Interest in a generation asset” means any interest, in whole or in part, in the physical plant, facility, equipment or system that makes up the generation asset, whether such interest is legal or equitable, present or future, or contingent or vested.

    2.  The term does not include any interest in the electricity or other energy produced by the generation asset.

    Sec. 15.  “Person” means:

    1.  A natural person;

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

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

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

    Sec. 16.  Except as otherwise provided in section 17 of this act:

    1.  Before July 1, 2003, an electric utility shall not dispose of a generation asset.

    2.  On or after July 1, 2003, an electric utility shall not dispose of a generation asset unless, before the disposal, the commission approves the disposal by a written order issued in accordance with the provisions of this section.


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    3.  Not sooner than January 1, 2003, an electric utility may file with the commission an application to dispose of a generation asset on or after  July 1, 2003. If an electric utility files such an application, the commission shall not approve the application unless the commission finds that the disposal of the generation asset will be in the public interest. The commission shall issue a written order approving or disapproving the application. The commission may base its approval of the application upon such terms, conditions or modifications as the commission deems appropriate.

    4.  If an electric utility files an application to dispose of a generation asset, the consumer’s advocate shall be deemed a party of record.

    5.  If the commission approves an application to dispose of a generation asset before July 1, 2003, the order of the commission approving the application:

    (a) May not become effective sooner than July 1, 2003;

    (b) Does not create any vested rights before the effective date of the order; and

    (c) For the purposes of NRS 703.373, shall be deemed a final decision on the date on which the order is issued by the commission.

    Sec. 17.  1.  An electric utility may dispose of its generation assets pursuant to a merger, acquisition or transaction that is authorized pursuant to NRS 704.329 or pursuant to a transfer of its certificate of public convenience and necessity that is authorized pursuant to NRS 704.410, if:

    (a) The electric utility disposes of substantially all of its generation assets and substantially all of its other assets to the other person in the merger, acquisition, transaction or transfer; and

    (b) The other person in the merger, acquisition, transaction or transfer is not a subsidiary or affiliate of the electric utility or a holding company or other person that holds a controlling interest in the electric utility.

    2.  Any person who assumes or has assumed ownership, possession, control, operation, administration or maintenance of a generation asset pursuant to a merger, acquisition, transaction or transfer described in subsection 1 is subject to the provisions of sections 8 to 18, inclusive, of this act.

    Sec. 18.  If an electric utility disposes of a generation asset in violation of sections 8 to 18, inclusive, of this act, the disposal is void and unenforceable and is not valid for any purpose.

    Sec. 19.  1.  Except as otherwise provided in section 36 of this act, beginning on March 1, 2001, an electric utility that purchases fuel or power shall use deferred accounting by recording upon its books and records in deferred accounts all increases and decreases in costs for purchased fuel and purchased power that are prudently incurred by the electric utility.

    2.  An electric utility using deferred accounting shall include in its annual report to the commission a statement showing, for the period of recovery, the allocated rate of return for each of its operating departments in this state using deferred accounting. If, during the period of recovery, the rate of return for any operating department using deferred accounting is greater than the rate of return authorized by the commission in the most recently completed rate proceeding for the electric utility, the commission shall order the electric utility that recovered costs for purchased fuel or purchased power through its rates during the reported period to transfer to the next energy adjustment period that portion of the amount recovered by the electric utility that exceeds the authorized rate of return.


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purchased power through its rates during the reported period to transfer to the next energy adjustment period that portion of the amount recovered by the electric utility that exceeds the authorized rate of return.

    3.  Except as otherwise provided in subsection 4, an electric utility using deferred accounting shall file an application to clear its deferred accounts after the end of each 12-month period of deferred accounting.

    4.  An electric utility using deferred accounting may file an application to clear its deferred accounts after the end of a 6-month period of deferred accounting if the net increase or decrease in revenues necessary to clear its deferred accounts for the 6-month period is more than 5 percent of the total revenues generated by the electric utility during that period from its rates for purchased fuel and purchased power most recently authorized by the commission.

    5.  The commission shall adopt regulations prescribing the period within which an electric utility must file an application to clear its deferred accounts after the end of a period of deferred accounting.

    6.  As used in this section:

    (a) “Application to clear its deferred accounts” means an application filed by an electric utility pursuant to this section and subsection 7 of  NRS 704.110.

    (b) “Costs for purchased fuel and purchased power” means all costs which are prudently incurred by an electric utility and which are required to purchase fuel, to purchase capacity and to purchase energy. The term does not include any costs that the commission determines are not recoverable pursuant to subsection 8 of NRS 704.110.

    (c) “Electric utility” means any public utility or successor in interest that:

         (1) Is in the business of providing electric service to customers;

         (2) Holds a certificate of public convenience and necessity issued or transferred pursuant to this chapter; and

         (3) In the most recently completed calendar year or in any other calendar year within the 7 calendar years immediately preceding the most recently completed calendar year, had a gross operating revenue of $250,000,000 or more in this state.

The term does not include a cooperative association, nonprofit corporation, nonprofit association or provider of electric service which is declared to be a public utility pursuant to NRS 704.673 and which provides service only to its members.

    Sec. 20.  NRS 704.030 is hereby amended to read as follows:

    704.030  “Public utility” or “utility” does not include:

    1.  Persons engaged in the production and sale of natural gas, other than sales to the public, or engaged in the transmission of natural gas other than as a common carrier transmission or distribution line or system.

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

    (a) They serve 25 persons or less; and

    (b) Their gross sales for water or services for the disposal of sewage, or both, amounted to $5,000 or less during the immediately preceding 12 months.

    3.  Persons not otherwise engaged in the business of furnishing, producing or selling water or services for the disposal of sewage, or both, but who sell or furnish water or services for the disposal of sewage, or both, as an accommodation in an area where water or services for the disposal of sewage, or both, are not available from a public utility, cooperative corporations and associations or political subdivisions engaged in the business of furnishing water or services for the disposal of sewage, or both, for compensation, to persons within the political subdivision.


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who sell or furnish water or services for the disposal of sewage, or both, as an accommodation in an area where water or services for the disposal of sewage, or both, are not available from a public utility, cooperative corporations and associations or political subdivisions engaged in the business of furnishing water or services for the disposal of sewage, or both, for compensation, to persons within the political subdivision.

    4.  Persons who are engaged in the production and sale of energy, including electricity, to public utilities, cities, counties or other entities which are reselling the energy to the public.

    5.  Persons who are subject to the provisions of NRS 590.465 to 590.645, inclusive.

    6.  Persons who are engaged in the sale or use of special fuel as defined in NRS 366.060.

    7.  [Persons who are licensed as alternative sellers to provide electric services.

    8.]  Persons who provide water from water storage, transmission and treatment facilities if those facilities are for the storage, transmission or treatment of water from mining operations.

    Sec. 21.  NRS 704.110 is hereby amended to read as follows:

    704.110  Except as otherwise provided in NRS 704.075 or as otherwise provided by the commission pursuant to NRS 704.095 or 704.097:

    1.  Whenever there is filed with the commission any schedule stating a new or revised individual or joint rate or charge, or any new or revised individual or joint regulation or practice affecting any rate or charge, or any schedule resulting in a discontinuance, modification or restriction of service, the commission may, upon complaint or upon its own motion without complaint, at once, without answer or formal pleading by the interested utility, investigate or, upon reasonable notice, conduct a hearing concerning the propriety of the rate, charge, classification, regulation, discontinuance, modification, restriction or practice.

    2.  Pending the investigation or hearing and the decision thereon, the commission, upon delivering to the utility affected thereby a statement in writing of its reasons for the suspension, may suspend the operation of the schedule and defer the use of the rate, charge, classification, regulation, discontinuance, modification, restriction or practice . [, but] If the rate, charge, classification, regulation, discontinuance, modification, restriction or practice is part of:

    (a) A filing made pursuant to subsection 7, the suspension must not be effective for more than 90 days beyond the time when the rate, charge, classification, regulation, discontinuance, modification, restriction or practice would otherwise go into effect.

    (b) Any other filing made pursuant to this section, the suspension must not be effective for more than 150 days beyond the time when the rate, charge, classification, regulation, discontinuance, modification, restriction or practice would otherwise go into effect.

    3.  Whenever there is filed with the commission any schedule stating an increased individual or joint rate or charge for service or equipment, the public utility shall submit with its application a statement showing the recorded results of revenues, expenses, investments and costs of capital for its most recent 12 months for which data were available when the application was prepared. During any hearing concerning the increased rates or charges determined by the commission to be necessary, the commission shall consider evidence in support of the increased rates or charges based upon actual recorded results of operations for the same 12 months, adjusted for increased revenues, any increased investment in facilities, increased expenses for depreciation, certain other operating expenses as approved by the commission and changes in the costs of securities which are known and are measurable with reasonable accuracy at the time of filing and which will become effective within 6 months after the last month of those 12 months, but no new rates or charges may be placed into effect until the changes have been experienced and certified by the utility to the commission.


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consider evidence in support of the increased rates or charges based upon actual recorded results of operations for the same 12 months, adjusted for increased revenues, any increased investment in facilities, increased expenses for depreciation, certain other operating expenses as approved by the commission and changes in the costs of securities which are known and are measurable with reasonable accuracy at the time of filing and which will become effective within 6 months after the last month of those 12 months, but no new rates or charges may be placed into effect until the changes have been experienced and certified by the utility to the commission. The commission shall also consider evidence supporting expenses for depreciation, calculated on an annual basis, applicable to major components of the public utility’s plant placed into service during the recorded test period or the period for certification as set forth in the application. Adjustments to revenues, operating expenses and costs of securities must be calculated on an annual basis. Within 90 days after the filing with the commission of the certification required in this subsection, or before the expiration of any period of suspension ordered pursuant to subsection 2, whichever time is longer, the commission shall make such order in reference to those rates or charges as is required by this chapter. An electric utility shall file a general rate application pursuant to this subsection at least once every 24 months.

    4.  After full investigation or hearing, whether completed before or after the date upon which the rate, charge, classification, regulation, discontinuance, modification, restriction or practice is to go into effect, the commission may make such order in reference to the rate, charge, classification, regulation, discontinuance, modification, restriction or practice as would be proper in a proceeding initiated after the rate, charge, classification, regulation, discontinuance, modification, restriction or practice has become effective.

    5.  Except as otherwise provided in subsection 6, whenever a general rate application for an increased rate or charge for, or classification, regulation, discontinuance, modification, restriction or practice involving service or equipment has been filed with the commission, a public utility shall not submit another general rate application until all pending general rate applications for increases in rates submitted by that public utility have been decided unless, after application and hearing, the commission determines that a substantial financial emergency would exist if the other application is not permitted to be submitted sooner.

    6.  A public utility may [not] file an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale [more often than] once every 30 days. The provisions of this subsection do not apply to an electric utility using deferred accounting pursuant to section 19 of this act.

    7.  Except as otherwise provided in subsection 8, whenever an electric utility using deferred accounting pursuant to section 19 of this act files an application to clear its deferred accounts and to change one or more of its rates or charges based upon changes in the costs for purchased fuel or purchased power, the commission, after a public hearing and by an appropriate order:

    (a) Shall allow the electric utility to clear its deferred accounts by refunding any credit balance or recovering any debit balance over a period not to exceed 3 years, as determined by the commission.


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    (b) Shall not allow the electric utility to recover any debit balance, or portion thereof, in an amount that would result in a rate of return during the period of recovery that exceeds the rate of return authorized by the commission in the most recently completed rate proceeding for the electric utility.

    8.  Before allowing an electric utility to clear its deferred accounts pursuant to subsection 7, the commission shall determine whether the costs for purchased fuel and purchased power that the electric utility recorded in its deferred accounts are recoverable and whether the revenues that the electric utility collected from customers in this state for purchased fuel and purchased power are properly recorded and credited in its deferred accounts. The commission shall not allow the electric utility to recover any costs for purchased fuel and purchased power that were the result of any practice or transaction that was undertaken, managed or performed imprudently by the electric utility.

    9.  Whenever an electric utility files an application to clear its deferred accounts pursuant to subsection 7 while a general rate application is pending, the electric utility shall:

    (a) Submit with its application to clear its deferred accounts information relating to the cost of service and rate design; and

    (b) Supplement its general rate application with the same information, if such information was not submitted with the general rate application.

    10.  A utility facility identified in a 3-year plan submitted pursuant to NRS 704.741 and accepted by the commission for acquisition or construction pursuant to NRS 704.751 and the regulations adopted pursuant thereto shall be deemed to be a prudent investment. The utility may recover all just and reasonable costs of planning and constructing such a facility.

    11.  As used in this section, “electric utility” has the meaning ascribed to it in section 19 of this act.

    Sec. 22.  NRS 704.329 is hereby amended to read as follows:

    704.329  1.  Except as otherwise provided in [subsection 4, no person may] this section, a person shall not merge with, directly acquire, indirectly acquire through a subsidiary or affiliate, or otherwise directly or indirectly obtain control of a public utility doing business in this state or an entity that holds a controlling interest in such a public utility without first submitting to the commission an application for authorization of the proposed merger, acquisition or other transaction and obtaining authorization from the commission . [pursuant to subsection 2.]

    2.  Any merger, acquisition or [change in control in violation] other transaction that violates the provisions of this section is void and unenforceable and is not valid for any purpose.

    [2.] 3.  Before authorizing [the] a proposed merger, acquisition or [change in control of a public utility doing business in this state,] other transaction pursuant to this section, the commission shall consider the effect of the proposed merger, acquisition or other transaction [. If] on the public interest and the customers in this state. The commission shall not authorize the proposed merger, acquisition or other transaction unless the commission finds that the proposed merger, acquisition or [change in control is] other transaction:

    (a) Will be in the public interest [, the commission shall authorize the proposed transaction.

    3.] ; and


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    (b) Complies with the provisions of sections 8 to 18, inclusive, of this act, if the proposed merger, acquisition or other transaction is subject to those provisions.

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

    5.  If the commission does not issue a final [determination] order regarding the proposed merger, acquisition or other transaction within 180 days after the date on which an application or amended application for authorization of the proposed merger, acquisition or other transaction was filed with the commission, and the proposed merger, acquisition or other transaction is not subject to the provisions of sections 8 to 18, inclusive, of this act, the proposed merger, acquisition or other transaction shall be deemed [approved.] to be authorized by the commission.

    [4.] 6.  The provisions of this section do not apply to the transfer of stock of a public utility doing business in this state or to the transfer of the stock of an entity holding a controlling interest in such a public utility, if a transfer of not more than 25 percent of the common stock of such a public utility or entity is proposed.

    Sec. 23.  NRS 704.370 is hereby amended to read as follows:

    704.370  1.  The commission shall have the power, after hearing, to issue or refuse such certificate of public convenience, or to issue it for the construction of a portion only of the contemplated line, plant or systems, or extension thereof, and may attach thereto such terms and conditions as, in its judgment, the public convenience and necessity may require.

    2.  [The] Except as otherwise provided in subsection 3, the commission, in its discretion [,] and after investigation, may dispense with the hearing on the application if, upon the expiration of the time fixed in the notice thereof, no protest against the granting of the [certificate] application has been filed by or on behalf of any interested person.

    3.  The commission shall not dispense with the hearing on the application of an electric utility.

    Sec. 24.  NRS 704.390 is hereby amended to read as follows:

    704.390  1.  It [shall be] is unlawful for any public utility to discontinue, modify or restrict service to any city, town, municipality, community or territory theretofore serviced by it, except upon 30 days’ notice filed with the commission, specifying in detail the character and nature of the discontinuance or restriction of the service intended, and upon order of the commission, made after hearing, permitting such discontinuance, modification or restriction of service.

    2.  [The] Except as otherwise provided in subsection 3, the commission , in its discretion and after investigation, may dispense with the hearing on the application for discontinuance, modification or restriction of service [,] if, upon the expiration of the time fixed in the notice thereof, no protest against the granting of the application has been filed by or on behalf of any interested person.

    3.  The commission shall not dispense with the hearing on the application of an electric utility.

    Sec. 25.  NRS 704.410 is hereby amended to read as follows:

    704.410  1.  Any public utility subject to the provisions of NRS [704.005] 704.001 to 704.751, inclusive, and sections 8 to 18, inclusive, of this act to which a certificate of public convenience and necessity has been issued pursuant to NRS [704.005] 704.001 to 704.751, inclusive, and sections 8 to 18, inclusive, of this act may transfer the certificate to any person qualified under NRS [704.005] 704.001 to 704.751, inclusive, [but the] and sections 8 to 18, inclusive, of this act.


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issued pursuant to NRS [704.005] 704.001 to 704.751, inclusive, and sections 8 to 18, inclusive, of this act may transfer the certificate to any person qualified under NRS [704.005] 704.001 to 704.751, inclusive, [but the] and sections 8 to 18, inclusive, of this act. Such a transfer is void and unenforceable and is not valid for any purpose [until a] unless:

    (a) A joint application to make the transfer has been made to the commission by the transferor and the transferee [, and the] ; and

    (b) The commission has authorized the substitution of the transferee for the transferor. If the transferor is an electric utility, the commission shall not authorize the transfer unless the transfer complies with the provisions of sections 8 to 18, inclusive, of this act.

    2.  The commission [may] :

    (a) Shall conduct a hearing on a transfer involving an electric utility. The hearing must be noticed and conducted in the same manner as other contested hearings before the commission.

    (b) May direct that a hearing be [had in the matter of the transfer.] conducted on a transfer involving any other public utility. If the commission determines that such a hearing should be held, the hearing must be noticed and conducted in the same manner as other contested hearings before the commission.

    [3.  The commission has the sole discretion to direct that a hearing be held if the application seeks to transfer the certificate from a person or partners to a corporation when the officers of the corporation will be substantially the same person or partners.

    4.]  The commission may dispense with such a hearing if, upon the expiration of the time fixed in the notice thereof, no protest to the proposed transfer has been filed by or on behalf of any interested person.

    [5.] 3.  In determining whether the transfer of a certificate of public convenience and necessity to an applicant transferee should be authorized, the commission must take into consideration:

    (a) The utility service performed by the transferor and the proposed utility service of the transferee;

    (b) Other authorized utility services in the territory for which the transfer is sought; [and]

    (c) Whether the transferee is fit, willing and able to perform the services of a public utility and whether the proposed operation will be consistent with the legislative policies set forth in NRS [704.005] 704.001 to 704.751, inclusive [.

    6.] , and sections 8 to 18, inclusive, of this act; and

    (d) Whether the transfer will be in the public interest.

    4.  The commission may make such amendments, restrictions or modifications in a certificate upon transferring it as the public interest requires.

    [7.] 5.  No transfer is valid beyond the life of the certificate transferred.

    Sec. 26.  NRS 704.430 is hereby amended to read as follows:

    704.430  1.  Any person, firm, association or corporation who [shall violate] violates any provisions of NRS 704.330 to [704.410,] 704.430, inclusive, and section 7 of this act shall be punished by a fine of not more than $250.

    2.  Each day’s operation without a certificate as provided in NRS 704.330 to [704.410,] 704.430, inclusive, and section 7 of this act or each day that service is discontinued, modified or restricted, as defined in NRS 704.330 to [704.410, inclusive, shall] 704.430, inclusive, and section 7 of this act must be considered a separate offense.


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NRS 704.330 to [704.410, inclusive, shall] 704.430, inclusive, and section 7 of this act must be considered a separate offense.

    Sec. 27.  NRS 704.961 is hereby amended to read as follows:

    704.961  The commission [shall expend up to $500,000] may expend money from its reserve account to provide education and informational services necessary to educate and inform the residents in this state on issues related to the provision of [competitive] utility services in this state. The commission [shall] may contract with an independent person to provide such educational and informational services.

    Sec. 28.  NRS 704.989 is hereby amended to read as follows:

    704.989  1.  The commission shall establish portfolio standards for domestic energy that [sets] set forth the minimum percentage of the total amount of electricity sold by an electric utility to its retail customers in this state during each calendar year that must be derived from renewable energy resources. The portfolio standards must:

    (a) [Be] On January 1, 2001, be set at two-tenths of [one] 1 percent of the total amount of electricity [annually consumed] sold by the electric utility to its retail customers in this state [as of January 1, 2001.

    (b) Be increased biannually thereafter] during the immediately preceding calendar year.

    (b) On January 1 of each successive odd-numbered year, be increased by two-tenths of [one] 1 percent of the total [annual electric consumption] amount of electricity sold by the electric utility to its retail customers in this state during the immediately preceding calendar year until the [standard reaches] portfolio standards reach a total of 1 percent of the total amount of electricity [consumed.] sold by the electric utility to its retail customers in this state during the immediately preceding calendar year.

    (c) Be derived from not less than 50 percent renewable energy resources.

    (d) Be derived from not less than 50 percent solar renewable energy systems.

    (e) Be based on renewable energy credits, if applicable.

    2.  Each [vertically integrated] electric utility [and alternative seller that provides electric service in this state] shall comply with the portfolio [standard] standards established by the commission pursuant to this section. At the end of each calendar year, each [vertically integrated] electric utility [and alternative seller] shall submit a report, in a format approved by the commission, of the quantity of renewable energy and credits, if applicable, that the electric utility [or alternative seller] generated, purchased, sold and traded to meet the portfolio standards . [of the portfolio.]

    3.  In establishing the portfolio standards pursuant to this section, the commission may establish a system of credits pursuant to which an electric utility [and alternative seller] may comply with the provisions of this section. A system of credits must provide that:

    (a) Credits are issued for renewable energy resources for each kilowatt hour of energy which it produces; and

    (b) Holders of credits may trade or sell the credits to other parties.

    4.  For the purposes of this section, [a vertically integrated electric utility which,] if, on January 1, 1997, [has] at least 9 percent of [its electricity consumed by] the total amount of electricity sold by an electric utility to its retail customers [served by] in this state during the immediately preceding calendar year was derived from renewable energy resources , the electric utility shall be deemed to be in compliance until January 1, 2005, with the portfolio standards established by the commission pursuant to this section.


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ê2001 Statutes of Nevada, Page 353 (Chapter 16, AB 369)ê

 

portfolio standards established by the commission pursuant to this section. Between January 1, 2005, and December 31, 2009, such [a vertically integrated] an electric utility [and its affiliated alternative seller, if any, shall reach a total of] shall have one-half of 1 percent of the total amount of electricity [consumed by] sold to its retail customers [,] in this state, increased in annual increments of one-tenth of 1 percent [, in] during each calendar year of that period, derived from solar energy resources for full compliance with the portfolio [standard] standards established by the commission pursuant to this section.

    5.  [The] In addition to the report required by subsection 2, each electric utility [and alternative seller] shall submit a report [to] , in a format approved by the commission , that provides information relating to the compliance by the [vertically integrated] electric utility [or alternative seller] with the requirements of this section. Such reports must be made at least annually, unless the commission by regulation determines that such reports must be made more frequently than annually, and must include clear and concise information that sets forth:

    (a) If the [vertically integrated] electric utility installed a renewable energy system during the period for which the report is being made, the date of installation;

    (b) The capacity of renewable energy systems of the [vertically integrated] electric utility ; [or alternative seller;]

    (c) The amount of production of energy from the renewable energy systems;

    (d) The portion of the production of energy that is directly derived from renewable energy resources;

    (e) The quantity of energy from renewable energy systems that is transmitted or distributed, or both, to retail customers in this state by the [vertically integrated] electric utility ; [or alternative seller;] and

    (f) Such other information that the commission by regulation may deem relevant.

    6.  [Nothing in this section applies] The provisions of this section do not apply to:

    (a) Rural electric cooperatives established pursuant to chapter 81 of NRS;

    (b) General improvement districts established pursuant to chapter 318 of NRS; or

    (c) Utilities established pursuant to chapter 709 or 710 of NRS.

    7.  As used in this section:

    (a) “Electric utility” has the meaning ascribed to it in section 19 of this act.

    (b) “Renewable energy resources” means wind, solar, geothermal and biomass energy resources [in this state] that are naturally regenerated.

    [(b)] (c) “Renewable energy system” means an energy system [in this state] that utilizes renewable energy resources to produce electricity or solar thermal energy systems that reduce the consumption of electricity that was installed and commenced operations after July 1, 1997.

    Sec. 29.  NRS 228.360 is hereby amended to read as follows:

    228.360  The consumer’s advocate [may,] :

    1.  Shall intervene in and represent the public interest in all proceedings conducted pursuant to sections 8 to 18, inclusive, of this act.

    2.  May, with respect to all public utilities except railroads and cooperative utilities, and except as provided in NRS 228.380:


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ê2001 Statutes of Nevada, Page 354 (Chapter 16, AB 369)ê

 

    [1.] (a) Conduct or contract for studies, surveys, research or expert testimony relating to matters affecting the public interest or the interests of utility customers.

    [2.] (b) Examine any books, accounts, minutes, records or other papers or property of any public utility subject to the regulatory authority of the public utilities commission of Nevada in the same manner and to the same extent as authorized by law for members of the public utilities commission of Nevada and its staff.

    [3.  Petition]

    (c) Except as otherwise provided in subsection 1, petition for, request, initiate, appear or intervene in any proceeding concerning rates, charges, tariffs, modifications of service or any related matter before the public utilities commission of Nevada or any court, regulatory body, board, commission or agency having jurisdiction over any matter which the consumer’s advocate may bring before or has brought before the public utilities commission of Nevada or in which the public interest or the interests of any particular class of utility customers are involved. The consumer’s advocate may represent the public interest or the interests of any particular class of utility customers in any such proceeding, and he is a real party in interest in the proceeding.

    Sec. 30.  NRS 228.390 is hereby amended to read as follows:

    228.390  Except as otherwise provided in sections 8 to 18, inclusive, of this act:

    1.  The consumer’s advocate has sole discretion to represent or refrain from representing the public interest and any class of customers in any proceeding.

    2.  In exercising his discretion, the consumer’s advocate shall consider the importance and extent of the public interest or the customers’ interests involved and whether those interests would be adequately represented without his participation.

    3.  If the consumer’s advocate determines that there would be a conflict between the public interest and any particular class of customers or any inconsistent interests among the classes of customers involved in a particular matter, he may choose to represent one of the interests, to represent no interest, or to represent one interest through his office and another or others through outside counsel engaged on a case basis.

    Sec. 31.  NRS 538.181 is hereby amended to read as follows:

    538.181  1.  The commission shall hold and administer all rights and benefits pertaining to the distribution of the power and water mentioned in NRS 538.041 to 538.251, inclusive, for the State of Nevada [,] and, except as otherwise provided in NRS 538.186, may enter into contracts relating to that power and water, including the transmission and other distribution services, on such terms as the commission determines.

    2.  Every applicant, except a federal or state agency or political subdivision, for power or water to be used within the State of Nevada must, before the application is approved, provide an indemnifying bond by a corporation qualified pursuant to the laws of this state, or other collateral, approved by the state board of examiners, payable to the State of Nevada in such sum and in such manner as the commission may require, conditioned for the full and faithful performance of the lease, sublease, contract or other agreement.


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ê2001 Statutes of Nevada, Page 355 (Chapter 16, AB 369)ê

 

    3.  The power and water must not be sold for less than the actual cost to the State of Nevada.

    4.  Except as otherwise provided in subsection 5, before any such sale or lease is made, a notice of it must be advertised in two papers of general circulation published in the State of Nevada at least once a week for 2 weeks. The commission shall require any person desiring to make objection thereto to file the objection with the commission within 10 days after the date of the last publication of the notice. If any objection is filed, the commission shall set a time and place for a hearing of the objection not more than 30 days after the date of the last publication of the notice.

    5.  The provisions of subsection 4 do not apply to:

    (a) Any contract by the commission to sell supplemental power to a holder of a long-term firm contract with the state for power if the supplemental power is procured by the commission from a prearranged source and is secured by the holder for his own use; or

    (b) Any agreement by the commission to sell short-term or interruptible power on short notice for immediate acceptance to a holder of a long-term firm contract with the state for power who can take delivery of the short-term or interruptible power when it is available.

    6.  Except as otherwise provided in subsection 2 of NRS 538.251, any such lease, sublease, contract or sale of the water or power is not binding upon the State of Nevada until ratified and approved by the governor and, where required by federal law, until approved by the United States.

    7.  The commission shall, upon the expiration of a contract for the sale of power which is in effect on July 1, 1993, offer to the purchaser the right to renew the contract. If the commission is unable to supply the amount of power set forth in the contract because of a shortage of power available for sale, it shall reduce, on a pro rata basis, the amount of power it is required to sell pursuant to the renewed contract.

    8.  [Except as otherwise provided in NRS 704.987, notwithstanding] Notwithstanding any provision of chapter 704 of NRS, any purchase of:

    (a) Power or water for distribution or exchange, and any subsequent distribution or exchange of power or water by the commission; or

    (b) Water for distribution or exchange, and any subsequent distribution or exchange of water by any entity to which or with which the commission has contracted the water,

is not subject to regulation by the public utilities commission of Nevada.

    Sec. 32.  1.  NRS 704.965, 704.966, 704.967, 704.968, 704.969, 704.970, 704.971, 704.972, 704.973, 704.974, 704.975, 704.976, 704.977, 704.978, 704.979, 704.980, 704.981, 704.982, 704.9823, 704.9826, 704.9829, 704.983, 704.984, 704.985, 704.986, 704.9865, 704.987, 704.988 and 704.990 are hereby repealed.

    2.  Sections 335 and 337 of chapter 482, Statutes of Nevada 1997, at pages 2021 and 2022, respectively, and sections 17, 21, 22, 24 and 26 of chapter 600, Statutes of Nevada 1999, at pages 3269 and 3272, are hereby repealed.

    3.  Section 127 of Senate Bill No. 29 of this session is hereby repealed.

    Sec. 33.  The public utilities commission of Nevada shall:

    1.  Amend, modify, supplement, annul or vacate any order or directive issued by the commission before the effective date of this act that authorizes or requires an electric utility to dispose of any generation asset, if such disposal would violate the provisions of this act;


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ê2001 Statutes of Nevada, Page 356 (Chapter 16, AB 369)ê

 

    2.  Take all appropriate action to request that the Federal Energy Regulatory Commission and any other officer, agency or department of the Federal Government:

    (a) Not issue any order or directive that authorizes or requires an electric utility to dispose of any generation asset, if such an order or directive could be interpreted as being in conflict with or preempting the provisions of this act; and

    (b) Amend, modify, supplement, annul or vacate any order or directive issued before, on or after the effective date of this act that authorizes or requires an electric utility to dispose of any generation asset, if such an order or directive could be interpreted as being in conflict with or preempting the provisions of this act;

    3.  If any action taken pursuant to subsection 2 is unsuccessful, take all appropriate legal action to challenge any order or directive issued by the Federal Energy Regulatory Commission or any other officer, agency or department of the Federal Government that authorizes or requires an electric utility to dispose of any generation asset, if such an order or directive could be interpreted as being in conflict with or preempting the provisions of this act; and

    4.  Take any other action or issue any other orders necessary to carry out the provisions of this act.

    Sec. 34.  As used in this section and sections 35 and 36 of this act, unless the context otherwise requires:

    1.  “Affiliate” means an entity that, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with another entity.

    2.  “Commission” means the public utilities commission of Nevada.

    3.  “Comprehensive energy plan” means the application to adopt a comprehensive energy plan, designated in the records of the commission as Docket No. 01-1045, and all amendments and modifications to the application or the plan.

    4.  “Deferred account” means any account that is used to carry out deferred accounting pursuant to section 19 of this act.

    5.  “Electric utility” has the meaning ascribed to it in section 19 of this act.

    6.  “Electric utility holding company” means:

    (a) An entity which is incorporated or organized under the laws of this state and which holds a controlling interest in an electric utility; and

    (b) A successor in interest to any entity described in paragraph (a).

    7.  “Electric utility that primarily serves densely populated counties” means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this state from customers located in counties whose population is 400,000 or more than it does from customers located in counties whose population is less than 400,000.

    8.  “Electric utility that primarily serves less densely populated counties” means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this state from customers located in counties whose population is less than 400,000 than it does from customers located in counties whose population is 400,000 or more.


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ê2001 Statutes of Nevada, Page 357 (Chapter 16, AB 369)ê

 

    Sec. 35.  Except as otherwise provided in section 36 of this act and notwithstanding the provisions of any other specific statute to the contrary:

    1.  An electric utility shall not file an application for a fuel and purchased power rider on or after the effective date of this act.

    2.  Each application for a fuel and purchased power rider filed by an electric utility which is pending with the commission on the effective date of this act and which the electric utility did not place into effect before or on April 1, 2001, is void and unenforceable and is not valid for any purpose after April 1, 2001.

    3.  If, before March 1, 2001, an electric utility incurred any costs for fuel or purchased power, including, without limitation, any costs for fuel or purchased power recorded or carried on the books and records of the electric utility, and those costs were not recovered or could not be recovered pursuant to a fuel and purchased power rider placed into effect by the electric utility before March 1, 2001, the electric utility is not entitled, on or after March 1, 2001, to recover any of those costs for fuel or purchased power from customers, and the commission shall not allow the electric utility to recover any of those costs for fuel or purchased power from customers.

    4.  Except as otherwise provided in this section, on and after the effective date of this act:

    (a) The commission shall not take any further action on the comprehensive energy plan, and each electric utility that jointly filed the comprehensive energy plan shall be deemed to have withdrawn the comprehensive energy plan;

    (b) The rates that each electric utility placed into effect on March 1, 2001, pursuant to the comprehensive energy plan shall be deemed to be a component of the electric utility’s rates for fuel and purchased power; and

    (c) The revenues collected by each electric utility before April 1, 2001, from the rates that each electric utility placed into effect on March 1, 2001, pursuant to the comprehensive energy plan shall be deemed to be a credit in the electric utility’s deferred accounts.

    5.  On or before October 1, 2001, each electric utility that primarily serves densely populated counties shall file a general rate application pursuant to subsection 3 of NRS 704.110, as amended by this act. On or before December 1, 2001, each electric utility that primarily serves densely populated counties shall file an application to clear its deferred accounts pursuant to subsection 7 of NRS 704.110, as amended by this act. After such an electric utility files the application to clear its deferred accounts, the commission shall investigate and determine whether the rates that the electric utility placed into effect on March 1, 2001, pursuant to the comprehensive energy plan are just and reasonable and reflect prudent business practices. On the date on which the commission issues a final order on the general rate application, the commission shall issue a final order on the electric utility’s application to clear its deferred accounts. The total rates to provide electric service that were in effect on April 1, 2001, for the electric utility must remain in effect until the date on which the commission issues a final order on the general rate application. The commission shall not adjust the rates of the electric utility during this period unless such an adjustment is absolutely necessary to avoid rates that are confiscatory under the Constitution of the United States or the constitution of this state. The commission:

    (a) May make such an adjustment only to the extent that it is absolutely necessary to avoid an unconstitutional result; and


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ê2001 Statutes of Nevada, Page 358 (Chapter 16, AB 369)ê

 

    (b) Shall not, in any proceedings concerning such an adjustment, approve any rate or grant any relief that is not absolutely necessary to avoid an unconstitutional result.

After the electric utility files the general rate application that is required by this subsection, the electric utility shall file general rate applications in accordance with subsection 3 of NRS 704.110, as amended by this act. After the electric utility files the application to clear its deferred accounts that is required by this subsection, the electric utility shall file applications to clear its deferred accounts in accordance with section 19 of this act and subsection 7 of NRS 704.110, as amended by this act.

    6.  On or before December 1, 2001, each electric utility that primarily serves less densely populated counties shall file a general rate application pursuant to subsection 3 of NRS 704.110, as amended by this act. On or before February 1, 2002, each electric utility that primarily serves less densely populated counties shall file an application to clear its deferred accounts pursuant to subsection 7 of NRS 704.110, as amended by this act. After such an electric utility files the application to clear its deferred accounts, the commission shall investigate and determine whether the rates that the electric utility placed into effect on March 1, 2001, pursuant to the comprehensive energy plan are just and reasonable and reflect prudent business practices. On the date on which the commission issues a final order on the general rate application, the commission shall issue a final order on the electric utility’s application to clear its deferred accounts. The total rates to provide electric service that were in effect on April 1, 2001, for the electric utility must remain in effect until the date on which the commission issues a final order on the general rate application. The commission shall not adjust the rates of the electric utility during this period unless such an adjustment is absolutely necessary to avoid rates that are confiscatory under the Constitution of the United States or the constitution of this state. The commission:

    (a) May make such an adjustment only to the extent that it is absolutely necessary to avoid an unconstitutional result; and

    (b) Shall not, in any proceedings concerning such an adjustment, approve any rate or grant any relief that is not absolutely necessary to avoid an unconstitutional result.

After the electric utility files the general rate application that is required by this subsection, the electric utility shall file general rate applications in accordance with subsection 3 of NRS 704.110, as amended by this act. After the electric utility files the application to clear its deferred accounts that is required by this subsection, the electric utility shall file applications to clear its deferred accounts in accordance with section 19 of this act and subsection 7 of NRS 704.110, as amended by this act.

    Sec. 36.  Notwithstanding the provisions of any other specific statute to the contrary:

    1.  If, on or after January 1, 1999, and before the effective date of this act, an electric utility holding company entered into any transaction to acquire a controlling interest in a public utility that provides electric service primarily to customers located outside of this state, the electric utility holding company shall not carry out the transaction unless, on or after the effective date of this act:

    (a) The electric utility holding company files with the commission an application for authorization of the transaction; and


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ê2001 Statutes of Nevada, Page 359 (Chapter 16, AB 369)ê

 

    (b) The commission issues a written order that authorizes the transaction. The commission shall not authorize the transaction unless the commission finds that the transaction will be in the public interest. The commission may base its authorization of the transaction upon such terms, conditions or modifications as the commission deems appropriate.

    2.  If the commission authorizes a transaction described in subsection 1 and, before July 1, 2003, the electric utility holding company acquires a controlling interest in such a public utility, or any affiliate thereof, pursuant to the transaction:

    (a) Each electric utility in which the electric utility holding company holds a controlling interest shall not use deferred accounting pursuant to section 19 of this act on or after the date on which the electric utility holding company acquires a controlling interest in the public utility, or any affiliate thereof;

    (b) Not later than 90 days after that date, each such electric utility shall file one final application to clear the remaining balance in its deferred accounts pursuant to subsection 7 of NRS 704.110, as amended by this act;

    (c) For each such electric utility, the commission shall not carry out the provisions of section 35 of this act concerning deferred accounting and deferred accounts; and

    (d) The commission shall carry out the remaining provisions of section 35 of this act, including, without limitation, the commission’s investigation and determination whether the rates that each electric utility placed into effect on March 1, 2001, pursuant to the comprehensive energy plan are just and reasonable and reflect prudent business practices.

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

    Sec. 37.  Any license issued to an alternative seller pursuant to NRS 704.977 is void on and after the effective date of this act.

    Sec. 38.  1.  The provisions of this act are hereby declared to be severable.

    2.  If any provision of this act is held invalid, or if the application of any such provision to any person, thing or circumstance is held invalid, such invalidity does not affect any other provision of this act that can be given effect without the invalid provision or application.

    Sec. 39.  This act becomes effective upon passage and approval.

________

 


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ê2001 Statutes of Nevada, Page 360ê

 

CHAPTER 17, AB 12

Assembly Bill No. 12–Assemblyman Hettrick

 

CHAPTER 17

 

AN ACT relating to vital statistics; revising provisions governing the issuance of supplementary certificates of birth by the state registrar of vital statistics; and providing other matters properly relating thereto.

 

[Approved: April 23, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 440.310 is hereby amended to read as follows:

    440.310  1.  Whenever the state registrar receives a certified report of adoption [, amendment or annulment] or amendment of adoption filed in accordance with the provisions of NRS 127.157 or the laws of another state or foreign country, or a certified copy of the adoption decree [he] , concerning a person born in Nevada, the state registrar shall prepare and file a supplementary certificate of birth in the new name of the adopted person which shows the adoptive parents as the parents [, and , except as provided in subsection 2,] and seal and file the report or decree and the original certificate of birth.

    2.  Whenever the state registrar receives a certified report of adoption, amendment or annulment of an order or decree of adoption from a court concerning a person born [outside this state,] in another state, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, or Canada, the report must be forwarded to the office responsible for vital statistics in the person’s [state] place of birth. [If the birth occurred in a foreign country, the report must be returned to the attorney or agency handling the adoption for submission to the appropriate federal agency unless a birth certificate has been prepared pursuant to NRS 440.303, in which case]

    3.  Whenever the state registrar receives a certified report of adoption or amendment of adoption filed in accordance with the provisions of NRS 127.157 concerning a person born in a foreign country other than Canada, the state registrar shall, if he receives evidence that:

    (a) The person being adopted is a citizen of the United States; and

    (b) The adoptive parents are residents of Nevada,

prepare and file a supplementary certificate of birth as described in subsection 1 [.

    3.] and seal and file the report.

    4.  Sealed documents may be opened only upon an order of the court issuing the adoption decree, expressly so permitting, pursuant to a petition setting forth the reasons therefor.

    [4.  Upon]

    5.  Except as otherwise provided in subsection 2, upon the receipt of a certified copy of a court order of annulment of adoption, the state registrar  shall seal and file the order and supplementary certificate of birth and, if the person was born in Nevada, restore the original certificate to its original place in the files.


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ê2001 Statutes of Nevada, Page 361 (Chapter 17, AB 12)ê

 

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

________

 

CHAPTER 18, AB 151

Assembly Bill No. 151–Committee on Commerce and Labor

 

CHAPTER 18

 

AN ACT relating to trade practices; requiring the attorney general to provide opinions for the consumer affairs division of the department of business and industry concerning certain questions relating to solicitation by telephone; requiring the commissioner of consumer affairs to make certain determinations concerning such solicitation; and providing other matters properly relating thereto.

 

[Approved: April 23, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 599B.015 is hereby amended to read as follows:

    599B.015  1.  The attorney general shall provide opinions for the [bureau] division on all questions of law relating to the construction, interpretation or administration of this chapter.

    2.  The [attorney general shall make the legal determination of] commissioner shall determine whether a person is required to register pursuant to the provisions of this chapter. In making [this] that determination, the [attorney general] commissioner shall consider the definitions, intent, findings and declarations set forth in this chapter.

    Sec. 2.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 19, AB 252

Assembly Bill No. 252–Assemblyman Brower

 

Joint Sponsor: Senator Jacobsen

 

CHAPTER 19

 

AN ACT relating to fire protection; authorizing the accounts, bills and demands against certain county fire protection districts to be paid by the treasurer of the district if approved by the board of county commissioners and the board of directors of the district; revising the provisions governing the issuance of bonds by those districts; and providing other matters properly relating thereto.

 

[Approved: April 23, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 474.210 is hereby amended to read as follows:

    474.210  All accounts, bills and demands against the district [shall] must be audited, allowed and paid by the board of directors by warrants drawn on the county treasurer [.] or the treasurer of the district. The county treasurer or, if authorized by the board of county commissioners and the board of directors, the treasurer of the district shall pay them in the order in which they are presented.


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ê2001 Statutes of Nevada, Page 362 (Chapter 19, AB 252)ê

 

directors, the treasurer of the district shall pay them in the order in which they are presented.

    Sec. 2.  NRS 474.220 is hereby amended to read as follows:

    474.220  1.  The board of directors of any county fire protection district formed under the provisions of NRS 474.010 to 474.450, inclusive, [is empowered to] may prepare, issue and sell [negotiable coupon bonds not exceeding $50,000 in amount, exclusive of interest, for the purpose of providing funds] bonds to provide money for the purchase of fire-fighting equipment, the acquisition of property, the construction of buildings and improvement of district-owned property for use in that county fire protection district.

    2.  The provisions of NRS 474.514 apply to a county fire protection district specified in subsection 1.

    Sec. 3.  NRS 474.510 is hereby amended to read as follows:

    474.510  1.  The board of fire commissioners shall prepare a budget for each district organized in accordance with NRS 474.460, estimating the amount of money which will be needed to defray the expenses of the district [,] and to meet unforeseen fire emergencies , and determine the amount of a fire protection tax sufficient, together with the revenue which will result from application of the rate to the net proceeds of minerals, to raise such sums.

    2.  At the time of making the levy of county taxes for the year, the board of county commissioners shall levy the tax provided by subsection 1, upon all property, both real and personal, subject to taxation within the boundaries of the district. Any tax levied on interstate or intercounty telephone lines, power lines and other public utility lines as authorized in this section must be based upon valuations established by the Nevada tax commission pursuant to the provisions of NRS 361.315 to 361.330, inclusive.

    3.  The amount of tax to be collected for the purposes of this section must not exceed, in any 1 year, 1 percent of the value of the property described in subsection 2 and any net proceeds of minerals derived from within the boundaries of the district.

    4.  If levied, the tax must be entered upon the assessment roll and collected in the same manner as state and county taxes. Taxes may be paid in four approximately equal installments at the times specified in NRS 361.483 , and the same penalties as specified in NRS 361.483 must be added for failure to pay the taxes.

    5.  For the purposes of NRS 474.460 to 474.550, inclusive, the county treasurer shall keep two separate funds for each district, one to be known as the district fire protection operating fund and one to be known as the district fire emergency fund. The sums collected to defray the expenses of any district organized pursuant to NRS 474.460 must be deposited in the district fire protection operating fund, and the sums collected to meet unforeseen emergencies must be deposited in the district fire emergency fund. The district fire emergency fund must be used solely for emergencies and must not be used for regular operating expenses . [and] The money deposited in the district fire emergency fund must not exceed the sum of [$50,000.] $250,000. Any interest earned on the money in the district fire emergency  fund that causes the balance in that fund to exceed $250,000 must be credited to the district fire protection operating fund.

    Sec. 4.  This act becomes effective on July 1, 2001.

________


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ê2001 Statutes of Nevada, Page 363ê

 

CHAPTER 20, AB 150

Assembly Bill No. 150–Committee on Commerce and Labor

 

CHAPTER 20

 

AN ACT relating to industrial insurance; establishing a deemed wage for certain trainees for the purpose of industrial insurance; and providing other matters properly relating thereto.

 

[Approved: April 23, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 616A.215 is hereby amended to read as follows:

    616A.215  1.  Except as otherwise provided in subsection 3, any person who is an apprentice or trainee shall be deemed for the purposes of chapters 616A to 616D, inclusive, of NRS to be an employee of an apprenticeship committee registered with the state apprenticeship council at a wage of $150 per month while he is:

    (a) Attending a class for vocational training; or

    (b) Receiving bona fide instruction as an apprentice [,] or trainee,

under the direction of the apprenticeship committee. Such an apprentice or trainee is entitled to the benefits of chapters 616A to 616D, inclusive [.] , of NRS.

    2.  A person who is an apprentice or trainee shall be deemed for the purposes of chapters 616A to 616D, inclusive, of NRS to be an employee of an employer who is participating in a program of training and instruction as an apprentice or trainee approved pursuant to chapter 610 of NRS while:

    (a) The apprentice or trainee is performing work for that employer; and

    (b) The employer is paying the apprentice or trainee a wage for the work performed.

The apprentice or trainee shall be deemed to be an employee at a wage equal to his average monthly wage as determined pursuant to the regulations adopted by the administrator pursuant to NRS 616C.420 and is entitled to the benefits of chapters 616A to 616D, inclusive, of NRS.

    3.  If an apprentice or trainee who is employed by an employer participating in a program of training and instruction is injured while he is deemed to be an employee of the apprenticeship committee pursuant to subsection 1 and the apprentice or trainee is unable to work for an employer participating in the program solely because of that injury, the apprentice or trainee shall be deemed to be an employee of the apprenticeship committee at a wage of $150 per month or at his average monthly wage as determined pursuant to the regulations adopted by the administrator pursuant to NRS 616C.420, whichever is greater.

    4.  As used in this section, “trainee” means a person who is under the direction of an apprenticeship committee specified in subsection 1 and, for that purpose, is described by that apprenticeship committee as a “journeyworker trainee.”

    Sec. 2.  This act becomes effective on July 1, 2001.

________

 


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ê2001 Statutes of Nevada, Page 364ê

 

CHAPTER 21, AB 14

Assembly Bill No. 14–Assemblyman Hettrick

 

CHAPTER 21

 

AN ACT relating to county hospitals; increasing the compensation of members of certain boards of hospital trustees for rural county hospitals; and providing other matters properly relating thereto.

 

[Approved: April 23, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 450.130 is hereby amended to read as follows:

    450.130  1.  Except in counties where the board of county commissioners is the board of hospital trustees, in any county whose population is less than 100,000 [, a] :

    (a) A hospital trustee is entitled to receive a salary as follows:

    [(a)] (1) The chairman and secretary of the board of hospital trustees are entitled to receive [$60] $85 for each [board meeting which] meeting of the board or a committee appointed by the board that they attend, not to exceed [$120] $510 per month.

    [(b)] (2) The other trustees are entitled to receive [$55] $80 for each [board] meeting of the board or a committee appointed by the board that they attend, not to exceed [$110] $480 per month.

    (b) In addition to the salary required by paragraph (a), the board of hospital trustees may provide to each member of the board the same health insurance coverage as the board provides to its employees.

    2.  Except in counties where the board of county commissioners is the board of hospital trustees, in any county whose population is 100,000 or more, a hospital trustee, subject to the provisions of subsection 3, is entitled to receive a salary of $100 per month and the chairman of the board of hospital trustees is entitled to receive a salary of $200 per month.

    3.  Before any hospital trustee is entitled to any compensation as provided in subsection 2, he must first have devoted a minimum of 1 day during the month exclusively to the business and affairs of the hospital, exclusive of regular meetings of the board of hospital trustees.

    4.  Any trustee of any county hospital is entitled to receive reimbursement for any cash expenditures actually made for personal expenses incurred as a trustee. An itemized statement of all those expenses and money paid out must be made under oath by each of the trustees and filed with the secretary. An itemized statement may be allowed only by an affirmative vote of all trustees present at a meeting of the board.

    5.  In counties where the county commissioners are the board of hospital trustees, they shall serve without compensation, but are allowed the per diem allowance and traveling expenses fixed by law.

    Sec. 2.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

    Sec. 3.  This act becomes effective on July 1, 2001.

________

 


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ê2001 Statutes of Nevada, Page 365ê

 

CHAPTER 22, AB 223

Assembly Bill No. 223–Committee on Education

 

CHAPTER 22

 

AN ACT relating to educational personnel; authorizing the commission on professional standards in education to adopt regulations that provide an exemption from the examinations required for initial licensure for certain teachers and other educational personnel with previous experience; and providing other matters properly relating thereto.

 

[Approved: April 27, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 391.021 is hereby amended to read as follows:

    391.021  Except as otherwise provided in NRS 391.027, the commission shall adopt regulations governing examinations for the initial licensing of teachers and other educational personnel. The examinations must test the ability of the applicant to teach and his knowledge of each specific subject he proposes to teach. Each examination must include the following subjects:

    1.  The laws of Nevada relating to schools;

    2.  The constitution of the State of Nevada; and

    3.  The Constitution of the United States.

The provisions of this section do not prohibit the commission from adopting regulations pursuant to subsection 2 of NRS 391.032 that provide an exemption from the examinations for teachers and other educational personnel who have previous experience in teaching or performing other educational functions in another state.

    Sec. 2.  NRS 391.032 is hereby amended to read as follows:

    391.032  1.  Except as otherwise provided in NRS 391.027, the commission shall:

    (a) Consider and may adopt regulations which provide for the issuance of conditional licenses to teachers and other educational personnel before completion of all courses of study or other requirements for a license in this state.

    (b) Adopt regulations which provide for the reciprocal licensure of educational personnel from other states.

    2.  The regulations adopted pursuant to paragraph (b) of subsection 1 may provide an exemption from the examinations required for initial licensure for teachers and other educational personnel who have previous experience in teaching or performing other educational functions in another state. If the commission adopts regulations providing such an exemption, the commission shall identify the examinations to which the exemption applies.

    3.  A person who is issued a conditional license must complete all courses of study and other requirements for a license in this state which is not conditional within 3 years after the date on which a conditional license is issued.

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

________

 


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ê2001 Statutes of Nevada, Page 366ê

 

CHAPTER 23, AB 587

Assembly Bill No. 587–Committee on Ways and Means

 

CHAPTER 23

 

AN ACT making an appropriation to restore and increase the balance in the stale claims account; and providing other matters properly relating thereto.

 

[Approved: April 27, 2001]

 

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 stale claims account, created by NRS 353.097, the sum of $2,500,000 to restore and increase the balance in the account to approximately $2,500,000.

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

________

 

CHAPTER 24, AB 41

Assembly Bill No. 41–Assemblyman Dini

 

Joint Sponsor: Senator Amodei

 

CHAPTER 24

 

AN ACT relating to attorneys; authorizing city attorneys to defend a person in a criminal proceeding under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: April 27, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 7.105 is hereby amended to read as follows:

    7.105  1.  Except as otherwise provided in [subsection] subsections 2 and 3 and NRS 7.065:

    (a) The attorney general and every city attorney, district attorney and the deputies and assistants of each, hired or elected to prosecute persons charged with the violation of any ordinance or any law of this state; and

    (b) The legislative counsel and every attorney employed in the legislative counsel bureau, without the consent of the legislative commission,

shall not, during their terms of office or during the time they are so employed, in any court of this state, accept an appointment to defend, agree to defend or undertake the defense of any person charged with the violation of any ordinance or any law of this state.

    2.  Except as otherwise provided by city charter, a city attorney and his deputies and assistants may defend a person in a criminal proceeding with or without compensation if:

    (a) The criminal proceeding is held in a jurisdiction outside of the jurisdiction where the attorney serves as a prosecutor;

    (b) The attorney obtains the prior consent of the defendant; and

    (c) The attorney obtains the prior consent of:


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ê2001 Statutes of Nevada, Page 367 (Chapter 24, AB 41)ê

 

         (1) If the attorney is a city attorney, the governing body of the city for which he serves as city attorney; or

         (2) If the attorney is a deputy or assistant of a city attorney, the city attorney and the governing body of the city for which he serves as a deputy or assistant city attorney.

    3.  An attorney who has been appointed to prosecute a person for a limited duration with limited jurisdiction may accept an appointment or otherwise engage in private employment to defend any other person charged with the violation of any ordinance or any law of this state, unless providing the defense would result in a direct, legal or ethical conflict of interests with his appointment to prosecute.

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

________

 

CHAPTER 25, AB 176

Assembly Bill No. 176–Committee on Natural Resources,  Agriculture, and Mining

 

CHAPTER 25

 

AN ACT relating to public lands; revising provisions relating to the authority of the state land registrar to make grants and enter into certain agreements to carry out certain programs in the Lake Tahoe Basin; authorizing local governments to enter into certain agreements for the use of grant money received from such programs; and providing other matters properly relating thereto.

 

[Approved: May 2, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 321.5956 is hereby amended to read as follows:

    321.5956  In carrying out the provisions of NRS 321.5952 to 321.5957, inclusive:

    1.  The division may, as the state land registrar deems appropriate, cooperate and enter into agreements with state and federal agencies, local governments, nonprofit organizations and other persons or entities [involved in the preservation and restoration of] to carry out programs to preserve, restore and enhance the natural environment of the Lake Tahoe Basin [.] on public land and on privately owned property with the consent of the owner of the property.

    2.  The state land registrar may, within the limits of available money, make grants to other state agencies, local governments and nonprofit organizations [.] formed for educational or charitable purposes. A local government that receives grant money pursuant to this subsection may, with the approval of the state land registrar, enter into a contract or other agreement with another local government, a nonprofit organization or another person or entity pursuant to which the local government disburses the grant money to the other local government, nonprofit organization or other person or entity to carry out a program to preserve, restore and enhance the natural environment of the Lake Tahoe Basin.

    3.  The state land registrar may, within the limits of available money, enter into a contract or other agreement with a nonprofit organization that is not formed for educational or charitable purposes or another person or entity to pay the reasonable costs incurred by the nonprofit organization or other person or entity to carry out a program to preserve, restore and enhance the natural environment of the Lake Tahoe Basin.


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ê2001 Statutes of Nevada, Page 368 (Chapter 25, AB 176)ê

 

is not formed for educational or charitable purposes or another person or entity to pay the reasonable costs incurred by the nonprofit organization or other person or entity to carry out a program to preserve, restore and enhance the natural environment of the Lake Tahoe Basin. In entering such a contract or agreement, the state land registrar shall ensure that:

    (a) Public money is only expended for public purposes; and

    (b) The public interest is protected adequately.

    Sec. 2.  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] Except as otherwise provided in subsection 4, 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.  The provisions of this section do not limit the ability of a board of county commissioners or its authorized representative to disburse money pursuant to NRS 321.5956 or any other specific statutory authority.

    5.  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. 3.  NRS 268.028 is hereby amended to read as follows:

    268.028  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] Except as otherwise provided in subsection 4, 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.


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ê2001 Statutes of Nevada, Page 369 (Chapter 25, AB 176)ê

 

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.  The provisions of this section do not limit the ability of a governing body of a city or its authorized representative to disburse money pursuant to NRS 321.5956 or any other specific statutory authority.

    5.  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. 4.  Section 2 of chapter 361, Statutes of Nevada 1995, at page 907, is hereby amended to read as follows:

    Sec. 2.  1.  If the proposal is carried, the state land registrar shall:

    [1.] (a) Adopt regulations necessary to carry out a program for awarding grants pursuant to the provisions of section 1 of this act. The regulations must:

    [(a)] (1) Set forth the procedure for applying for a grant;

    [(b)] (2) Set forth the criteria that will be considered in awarding a grant; and

    [(c)] (3) State whether and to what degree an applicant must match any money awarded.

    [2.] (b) Report semiannually to the interim finance committee concerning the establishment and administration of the program and the expenditure of money for the program.

    2.  A local government that receives grant money pursuant to section 1 of this act may, with the approval of the state land registrar, enter into a contract or other agreement with another local government, a nonprofit organization or another person or entity pursuant to which the local government disburses the grant money to the other local government, nonprofit organization or other person or entity to carry out a project for the control of erosion and the restoration of natural watercourses in the Lake Tahoe Basin.

    Sec. 5.  Section 3 of chapter 514, Statutes of Nevada 1999, at page 2629, is hereby amended to read as follows:

    Sec. 3.  1.  The Administrator of the Division of State Lands may [issue] award grants to state agencies , [and] local governments and nonprofit organizations formed for educational or charitable purposes to carry out the program of environmental improvement projects established pursuant to section 1 of this act [.] in the Lake Tahoe Basin on public land and on privately owned property with the consent of the owner of the property. The Administrator shall adopt such regulations as are necessary for awarding the grants.


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ê2001 Statutes of Nevada, Page 370 (Chapter 25, AB 176)ê

 

regulations as are necessary for awarding the grants. The regulations must:

    [1.] (a) Set forth the procedure for applying for a grant;

    [2.] (b) Set forth the criteria that will be considered in awarding a grant; and

    [3.] (c) State whether and the extent to which an applicant must match any money awarded.

    2.  A local government that receives grant money pursuant to subsection 1 may, with the approval of the Administrator, enter into a contract or other agreement with another local government, a nonprofit organization or another person or entity pursuant to which the local government disburses the grant money to the other local government, nonprofit organization or other person or entity to carry out an environmental improvement project in the Lake Tahoe Basin pursuant to the program established in section 1 of this act.

    3.  The Administrator may enter into a contract or other agreement with a nonprofit organization that is not formed for educational or charitable purposes or another person or entity to pay the reasonable costs incurred by the nonprofit organization or other person or entity to carry out an environmental improvement project in the Lake Tahoe Basin pursuant to the program established in section 1 of this act on public land and on privately owned property with the consent of the owner of the property. In entering such a contract or agreement, the Administrator shall ensure that:

    (a) Public money is expended only for public purposes; and

    (b) The public interest is protected adequately.

    Sec. 6.  This act becomes effective upon passage and approval.

________

 

CHAPTER 26, AB 293

Assembly Bill No. 293–Assemblymen Williams, Arberry, Bache, Berman, Cegavske, Chowning, Gibbons, Giunchigliani, Gustavson, Hettrick, Humke, Lee, Manendo, Nolan, Oceguera, Parnell, Price, Smith and Von Tobel

 

CHAPTER 26

 

AN ACT relating to libraries; authorizing the board of county commissioners and governing body of city that initially formed consolidated library district to adopt resolutions which support or oppose in whole or in part a proposal for the issuance of general obligation bonds for the consolidated library district; and providing other matters properly relating thereto.

 

[Approved: May 2, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 379.0225 is hereby amended to read as follows:

    379.0225  1.  Except as otherwise provided in this subsection, the trustees of a consolidated or county library district may propose the issuance of general obligation bonds in an amount not to exceed 10 percent of the total last assessed valuation of the taxable property of the district for the purpose of acquiring, constructing or improving buildings and other real property to be used for library purposes or for purchasing books, materials or equipment for newly constructed libraries.


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ê2001 Statutes of Nevada, Page 371 (Chapter 26, AB 293)ê

 

property to be used for library purposes or for purchasing books, materials or equipment for newly constructed libraries. The trustees of a consolidated library district shall not propose an issuance of bonds or any other form of indebtedness unless a public hearing on the proposal is first held before the board of county commissioners and the governing body of the city [.

    2.  If the trustees decide to propose the issuance of bonds, the proposal] that initially formed the consolidated library district pursuant to NRS 379.0221. After such a public hearing has been held, the board of county commissioners and the governing body of the city may each:

    (a) Adopt a resolution that supports or opposes in whole or in part the proposal of the trustees of the consolidated library district; and

    (b) Transmit the resolution to the debt management commission of the county in which the district is situated.

    2.  A proposal for the issuance of bonds pursuant to subsection 1 must be submitted to the debt management commission of the county in which the district is situated [,] for its approval or disapproval, pursuant to the provisions of NRS 350.001 to 350.006, inclusive. If the debt management commission approves the proposed issuance, the question of issuing the bonds must be submitted to the registered electors of the district in accordance with the provisions of NRS 350.020 to 350.070, inclusive. If a majority of the electors voting on the question favors the proposal, the board of county commissioners shall issue the bonds as general obligations of the consolidated or county library district pursuant to the provisions of the Local Government Securities Law.

    3.  Any bond issued for purchasing books, materials or equipment for newly constructed libraries must be redeemed within 5 years after its issuance.

________

 

CHAPTER 27, AB 441

Assembly Bill No. 441–Assemblyman Perkins

 

CHAPTER 27

 

AN ACT relating to libraries; establishing a procedure for the alteration of the boundaries of certain library districts; ratifying certain previously made alterations of the boundaries of certain library districts; and providing other matters properly relating thereto.

 

[Approved: May 2, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 379 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If the trustees of a county library district desire to provide library services in territory which is contiguous to its boundaries but is within the boundaries of another county library district, a consolidated library district or a county, city or town which has a library, the trustees of the county library district may submit a request to the trustees of such a library or library district to provide library services within that territory.

    2.  If the trustees of a library or library district that receives a request pursuant to subsection 1 desire that the library or library district receive such library services, the trustees shall conduct a joint study with the county library district to determine whether the county library district has the financial capability to provide the library services.


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ê2001 Statutes of Nevada, Page 372 (Chapter 27, AB 441)ê

 

county library district to determine whether the county library district has the financial capability to provide the library services. If the results of the study demonstrate that the county library district has such financial capability, the county library district may alter its boundaries to include the territory.

    3.  If:

    (a) The trustees of a library or library district that receives a request pursuant to subsection 1 do not desire that the library or library district receive such library services; or

    (b) The results of a study conducted pursuant to subsection 2 demonstrated that the county library district did not have the financial capability to provide the library services,

the county library district may submit the matter to the board of county commissioners of the county for its determination. The board of county commissioners may request such information from the county library district and library or library district as necessary to make its determination. If the board of county commissioners determines it is in the best interest of the residents of the territory to receive library services from the county library district, the board of county commissioners shall by resolution authorize the county library district to alter its boundaries to include the territory. In making such a determination, the board of county commissioners may solicit public comment from residents who are affected by the proposed alteration of the boundaries of the county library district  through polling, public hearings, submission of an advisory question at an election or any other form of public comment.

    4.  The provisions of this section do not apply to alter the boundaries of any library or library district for the purposes of taxes levied for the repayment, when due, of the principal of and interest on bonds, notes or other indebtedness issued before the effective date of the alteration.

    Sec. 2.  NRS 379.0224 is hereby amended to read as follows:

    379.0224  The boundaries of a consolidated library district include all of the area of:

    1.  Each city that is consolidated into the county library district;

    2.  The county library district at the time of the establishment of the consolidated library district, except for an area annexed by another city which:

    (a) Is not consolidated into the county library district; [and]

    (b) Has established a city library pursuant to NRS 379.105 or created a municipal library district pursuant to the provisions of its charter; and

    (c) Is included in a county library district, that has not merged with the consolidated library district, pursuant to an interlocal agreement before the effective date of this act or pursuant to section 1 of this act; and

    3.  Any other county library district which has merged with the county library district being consolidated.

    Sec. 3.  1.  Any alteration of the boundaries of a county library district to which the board of trustees of the county library district and the board of trustees of the consolidated library district agreed pursuant to an interlocal agreement before the effective date of this act is hereby ratified and becomes effective on the effective date of this act. The amendatory provisions of section 2 of this act apply retroactively to an alteration of the boundaries of a consolidated library district to which the board of trustees of the consolidated library district and the board of trustees of the county library district agreed pursuant to an interlocal agreement before the effective date of this act.


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ê2001 Statutes of Nevada, Page 373 (Chapter 27, AB 441)ê

 

library district and the board of trustees of the county library district agreed pursuant to an interlocal agreement before the effective date of this act.

    2.  The altered boundaries resulting from any interlocal agreement described in subsection 1 must be used for any election to authorize the issuance of bonds or other form of indebtedness for the consolidated or county library district that is held after the effective date of this act.

    3.  The amendatory provisions of this section do not apply to alter the boundaries of a consolidated or county library district for the purposes of taxes levied for the repayment, when due, of the principal of and interest on bonds, notes or other indebtedness issued before the effective date of this act.

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

________

 

CHAPTER 28, SB 271

Senate Bill No. 271–Senators Carlton, Rawson, Care, Neal, O’Connell, Amodei, Coffin, McGinness, Schneider and Shaffer

 

Joint Sponsors: Assemblymen Giunchigliani, Parks, Anderson, Dini, Goldwater, Hettrick, Neighbors and Von Tobel

 

CHAPTER 28

 

AN ACT relating to physicians; providing for the issuance of a special volunteer medical license to a retired physician to treat indigent persons; and providing other matters properly relating thereto.

 

[Approved: May 2, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 630 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  A physician who is retired from active practice and who wishes to donate his expertise for the medical care and treatment of indigent persons in this state may obtain a special volunteer medical license by submitting an application to the board pursuant to this section.

    2.  An application for a special volunteer medical license must be on a form provided by the board and must include:

    (a) Documentation of the history of medical practice of the physician;

    (b) Proof that the physician previously has been issued an unrestricted license to practice medicine in any state of the United States and that he has never been the subject of disciplinary action by a medical board in any jurisdiction;

    (c) Proof that the physician satisfies the requirements for licensure set forth in NRS 630.160;

    (d) Acknowledgment that the practice of the physician under the special volunteer medical license will be exclusively devoted to providing medical care to indigent persons in this state; and

    (e) Acknowledgment that the physician will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for providing medical care under the special volunteer medical license, except for payment by a medical facility at which the physician provides volunteer medical services of the expenses of the physician for necessary travel, continuing education, malpractice insurance or fees of the state board of pharmacy.


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ê2001 Statutes of Nevada, Page 374 (Chapter 28, SB 271)ê

 

the physician for necessary travel, continuing education, malpractice insurance or fees of the state board of pharmacy.

    3.  If the board finds that the application of a physician satisfies the requirements of subsection 2 and that the retired physician is competent to practice medicine, the board shall issue a special volunteer medical license to the physician.

    4.  The initial special volunteer medical license issued pursuant to this section expires 1 year after the date of issuance. The license may be renewed pursuant to this section, and any license that is renewed expires 2 years after the date of issuance.

    5.  The board shall not charge a fee for:

    (a) The review of an application for a special volunteer medical license; or

    (b) The issuance or renewal of a special volunteer medical license pursuant to this section.

    6.  A physician who is issued a special volunteer medical license pursuant to this section and who accepts the privilege of practicing medicine in this state pursuant to the provisions of the special volunteer medical license is subject to all the provisions governing disciplinary action set forth in this chapter.

    7.  A physician who is issued a special volunteer medical license pursuant to this section shall comply with the requirements for continuing education adopted by the board.

    Sec. 2.  NRS 630.256 is hereby amended to read as follows:

    630.256  1.  If a licensee retires from the practice of medicine, he shall notify the board in writing of his intention to retire, and the board shall record the fact of retirement. [A] Except as otherwise provided in section 1 of this act, a licensee who is retired may not engage in the practice of medicine. [Any]

    2.  Except as otherwise provided in section 1 of this act, any licensee who is retired and desires to return to the practice of medicine, must, before resuming the practice of medicine in this state:

    (a) Notify the board of his intent to resume the practice of medicine in this state;

    (b) File an affidavit with the board describing his activities during the period of his retired status;

    (c) Complete the form for registration for active status;

    (d) Pay the applicable fee for biennial registration; and

    (e) Satisfy the board of his competence to practice medicine.

    [2.] 3.  If the board determines that the conduct or competence of the registrant during the period of retirement would have warranted denial of an application for a license to practice medicine in this state, the board may refuse to place the registrant on active status.

    Sec. 3.  This act becomes effective on July 1, 2001.

________

 


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ê2001 Statutes of Nevada, Page 375ê

 

CHAPTER 29, AB 236

Assembly Bill No. 236–Committee on Ways and Means

 

CHAPTER 29

 

AN ACT making an appropriation to the Department of Motor Vehicles and Public Safety for the funding of shortfalls resulting from the 1998 reclassification of personnel; and providing other matters properly relating thereto.

 

[Approved: May 8, 2001]

 

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 highway fund to the Department of Motor Vehicles and Public Safety the sum of $31,015.09 for the funding of shortfalls resulting from the 1998 reclassification of personnel.

    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 highway fund as soon as all payments of money committed have been made.

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

________

 

CHAPTER 30, AB 548

Assembly Bill No. 548–Committee on Judiciary

 

CHAPTER 30

 

AN ACT relating to administrative assessments; revising provisions governing the eligibility of certain agencies to receive a distribution of proceeds from administrative assessments to include the advisory council for prosecuting attorneys; and providing other matters properly relating thereto.

 

[Approved: May 8, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 176.059 is hereby amended to read as follows:

    176.059  1.  Except as otherwise provided in subsection 2, when a defendant pleads guilty or guilty but mentally ill or is found guilty of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum prescribed by the following schedule as an administrative assessment and render a judgment against the defendant for the assessment:

 

    Fine                                                                                                         Assessment

    $5 to $49...................................................................................................... $15

    50 to 59........................................................................................................... 30

    60 to 69........................................................................................................... 35

    70 to 79........................................................................................................... 40

    80 to 89........................................................................................................... 45

    90 to 99........................................................................................................... 50


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ê2001 Statutes of Nevada, Page 376 (Chapter 30, AB 548)ê

 

    100 to 199...................................................................................................... 60

    200 to 299...................................................................................................... 70

    300 to 399...................................................................................................... 80

    400 to 499...................................................................................................... 90

    500 to 1,000................................................................................................. 105

 

    2.  The provisions of subsection 1 do not apply to:

    (a) An ordinance regulating metered parking; or

    (b) An ordinance which is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.

    3.  The money collected for an administrative assessment must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for an administrative assessment must be stated separately on the court’s docket and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment he has paid and the justice or judge shall not recalculate the administrative assessment.

    4.  If the justice or judge permits the fine and administrative assessment to be paid in installments, the payments must be first applied to the unpaid balance of the administrative assessment. The city treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 5. The county treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 6.

    5.  The money collected for administrative assessments in municipal court must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. The city treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

    (a) Two dollars to the county treasurer for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.

    (b) Seven dollars for credit to a special revenue fund for the use of the municipal courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the municipal general fund if it has not been committed for expenditure. The city treasurer shall provide, upon request by a municipal court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

    (c) The remainder of each assessment to the state treasurer for credit to a special account in the state general fund.

    6.  The money collected for administrative assessments in justices’ courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month.


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fifth day of each month for the preceding month. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

    (a) Two dollars for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.

    (b) Seven dollars for credit to a special revenue fund for the use of the justices’ courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a justice’s court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

    (c) The remainder of each assessment to the state treasurer for credit to a special account in the state general fund.

    7.  The money apportioned to a juvenile court, a justice’s court or a municipal court pursuant to this section must be used, in addition to providing services to juvenile offenders in the juvenile court, to improve the operations of the court, or to acquire appropriate advanced technology or the use of such technology, or both. Money used to improve the operations of the court may include expenditures for:

    (a) Training and education of personnel;

    (b) Acquisition of capital goods;

    (c) Management and operational studies; or

    (d) Audits.

    8.  Of the total amount deposited in the state general fund pursuant to subsections 5 and 6, the state controller shall distribute the money received, to the extent of legislative authorization, to the following public agencies in the following manner:

    (a) Not less than 51 percent must be distributed to the office of the court administrator for allocation as follows:

         (1) Eighteen and one-half percent of the amount distributed to the office of the court administrator for the administration of the courts.

         (2) Nine percent of the amount distributed to the office of the court administrator for the development of a uniform system for judicial records.

         (3) Nine percent of the amount distributed to the office of the court administrator for continuing judicial education.

         (4) Sixty percent of the amount distributed to the office of the court administrator for the supreme court.

         (5) Three and one-half percent of the amount distributed to the office of the court administrator for the payment for the services of retired justices and retired district judges.

    (b) Not more than 49 percent must be used to the extent of legislative authorization for the support of:

         (1) The central repository for Nevada records of criminal history;

         (2) The peace officers’ standards and training commission;

         (3) The operation by the Nevada highway patrol of a computerized switching system for information related to law enforcement; [and]

         (4) The fund for the compensation of victims of crime [.] ; and


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         (5) The advisory council for prosecuting attorneys.

    9.  As used in this section, “juvenile court” means:

    (a) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or

    (b) In any other judicial district, the juvenile division of the district court.

    Sec. 2.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 31, AB 580

Assembly Bill No. 580–Committee on Judiciary

 

CHAPTER 31

 

AN ACT relating to the department of prisons; eliminating the provisions pertaining to contracts concerning the sale or donation of blood or blood plasma by offenders; providing for the transfer of money between certain accounts within the prisoners’ personal property fund; and providing other matters properly relating thereto.

 

[Approved: May 8, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 209.461 is hereby amended to read as follows:

    209.461  1.  The director shall:

    (a) To the greatest extent possible, approximate the normal conditions of training and employment in the community.

    (b) Except as otherwise provided in this section, to the extent practicable, require each offender, except those whose behavior is found by the director to preclude participation, to spend 40 hours each week in vocational training or employment, unless excused for a medical reason or to attend educational classes in accordance with NRS 209.396. The director shall require as a condition of employment that an offender sign an authorization for the deductions from his wages made pursuant to NRS 209.463. Authorization to make the deductions pursuant to NRS 209.463 is implied from the employment of an offender and a signed authorization from the offender is not required for the director to make the deductions pursuant to  NRS 209.463.

    (c) Use the earnings from services and manufacturing conducted by the institutions and the money paid by private employers who employ the offenders to offset the costs of operating the prison system and to provide wages for the offenders being trained or employed.

    (d) Provide equipment, space and management for services and manufacturing by offenders.

    (e) Employ craftsmen and other personnel to supervise and instruct offenders.

    (f) [Except as otherwise provided in NRS 209.383, contract] Contract with governmental agencies and private employers for the employment of offenders, including their employment on public works projects under contracts with the state and with local governments.

    (g) Contract for the use of offenders’ services and for the sale of goods manufactured by offenders.

    2.  Every program for the employment of offenders established by the director must:


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    (a) Employ the maximum number of offenders possible;

    (b) Except as otherwise provided in NRS 209.192, provide for the use of money produced by the program to reduce the cost of maintaining the offenders in the institutions;

    (c) Have an insignificant effect on the number of jobs available to the residents of this state; and

    (d) Provide occupational training for offenders.

    3.  An offender may not engage in vocational training, employment or a business that requires or permits the offender to:

    (a) Telemarket or conduct opinion polls by telephone; or

    (b) Acquire, review, use or have control over or access to personal information concerning any person who is not incarcerated.

    4.  Each fiscal year, the cumulative profits and losses, if any, of the programs for the employment of offenders established by the director must result in a profit for the department. The following must not be included in determining whether there is a profit for the department:

    (a) Fees credited to the fund for prison industries pursuant to NRS 482.268, any revenue collected by the department for the leasing of space, facilities or equipment within the institutions or facilities of the department and any interest or income earned on the money in the fund for prison industries.

    (b) The selling expenses of the central administrative office of the programs for the employment of offenders. As used in this paragraph, “selling expenses” means delivery expenses, salaries of sales personnel and related payroll taxes and costs, the costs of advertising and the costs of display models.

    (c) The general and administrative expenses of the central administrative office of the programs for the employment of offenders. As used in this paragraph, “general and administrative expenses” means the salary of the assistant director of industrial programs and the salaries of any other personnel of the central administrative office and related payroll taxes and costs, the costs of telephone usage and the costs of office supplies used and postage used.

    5.  Except as otherwise provided in subsection 3, the director may, with the approval of the board:

    (a) Lease spaces and facilities within any institution of the department to private employers to be used for the vocational training and employment of offenders.

    (b) Grant to reliable offenders the privilege of leaving institutions or facilities of the department at certain times for the purpose of vocational training or employment.

    6.  The provisions of this chapter do not create a right on behalf of the offender to employment or to receive the federal or state minimum wage for any employment and do not establish a basis for any cause of action against the state or its officers or employees for employment of an offender or for payment of the federal or state minimum wage to an offender.

    Sec. 2.  NRS 209.383 is hereby repealed.


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ê2001 Statutes of Nevada, Page 380 (Chapter 31, AB 580)ê

 

    Sec. 3.  As soon as practicable on October 1, 2001, the state controller shall transfer the balance in the account for destitute prisoners in the prisoners’ personal property fund to the inmate welfare account within that fund.

________

 

CHAPTER 32, SB 190

Senate Bill No. 190–Committee on Transportation

 

CHAPTER 32

 

AN ACT relating to the motor vehicle revolving account; requiring the state board of examiners to determine the amount of money to be deposited in the account; and providing other matters properly relating thereto.

 

[Approved: May 8, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 482.183 is hereby amended to read as follows:

    482.183  The motor vehicle revolving account [in the amount of $40,000] is hereby created and must be used for making change in the main and branch offices [.] of the department. The state board of examiners shall determine the amount of money to be deposited in the account, within the limits of money available for that purpose.

    Sec. 2.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 33, SB 31

Senate Bill No. 31–Senator Carlton

 

CHAPTER 33

 

AN ACT relating to crimes; providing an enhanced penalty for the assault or battery of an employee of the state or a political subdivision of the state whose official duties require home visits; providing enhanced penalties for the assault or battery of certain persons by a probationer, prisoner or parolee; and providing other matters properly relating thereto.

 

[Approved: May 8, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

    200.471  1.  As used in this section:

    (a) “Assault” means an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

    (b) “Officer” means:

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

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


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         (3) A member of a volunteer fire department;

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

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

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

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

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

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

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

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

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

    (b) If the assault is made with the use of a deadly weapon, or the present ability to use a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

    (c) If paragraph (d) of this subsection does not apply to the circumstances of the crime and if the assault is committed upon an officer, a school employee, a taxicab driver or a transit operator who is performing his duty and the person charged knew or should have known that the victim was an officer, school employee, taxicab driver or transit operator, for a gross misdemeanor, unless the assault is made with the use of a deadly weapon, or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

    (d) If the assault is committed upon an officer, a school employee, a taxicab driver or a transit operator who is performing his duty by a probationer, a prisoner who is in lawful custody or confinement or a parolee and the probationer, prisoner or parolee charged knew or should have known that the victim was an officer, school employee, taxicab driver or transit operator, for a category D felony as provided in NRS 193.130, unless the assault is made with the use of a deadly weapon, or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

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

    200.481  1.  As used in this section:

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

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

    (c) “Officer” means:


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ê2001 Statutes of Nevada, Page 382 (Chapter 33, SB 31)ê

 

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

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

         (3) A member of a volunteer fire department;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

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

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

         (1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

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


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ê2001 Statutes of Nevada, Page 383 (Chapter 33, SB 31)ê

 

than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $10,000.

    (f) If the battery is committed by a probationer, a prisoner who is in lawful custody or confinement [,] or a parolee, without the use of a deadly weapon, whether or not substantial bodily harm results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.

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

         (1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years.

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

    Sec. 3.  The amendatory provisions of this act do not apply to offenses committed before October 1, 2001.

________

 

CHAPTER 34, SB 100

Senate Bill No. 100–Senator Neal

 

CHAPTER 34

 

AN ACT relating to gaming; authorizing the gaming control board to order the removal of a gaming device from an establishment under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 8, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 463.305 is hereby amended to read as follows:

    463.305  1.  Any person who operates or maintains in this state any gaming device of a specific model, any gaming device which includes a significant modification, or any inter-casino linked system which the board or commission has not approved for testing or for operation [,] is subject to disciplinary action by the board or commission.

    2.  The board shall maintain a list of approved gaming devices and inter-casino linked systems.

    3.  If the board suspends or revokes approval of a gaming device pursuant to the regulations adopted pursuant to subsection 4, the board may order the removal of the gaming device from an establishment.

    4.  The commission shall adopt regulations relating to gaming devices and their significant modification and inter-casino linked systems.

________

 


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ê2001 Statutes of Nevada, Page 384ê

 

CHAPTER 35, SB 110

Senate Bill No. 110–Committee on Human  Resources and Facilities

 

CHAPTER 35

 

AN ACT relating to public welfare; repealing certain provisions relating to assistance to homeless persons; and providing other matters properly relating thereto.

 

[Approved: May 8, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 428A.010, 428A.020, 428A.030, 428A.040, 428A.050, 428A.060, 428A.070, 428A.080, 428A.090 and 428A.100 are hereby repealed.

    Sec. 2.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 36, SB 282

Senate Bill No. 282–Committee on Judiciary

 

CHAPTER 36

 

AN ACT relating to victims of crime; removing certain limitations on the amount of compensation that may be provided for the loss of earnings and support and for the funeral expenses of certain victims of crime; and providing other matters properly relating thereto.

 

[Approved: May 8, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 217.200 is hereby amended to read as follows:

    217.200  1.  The compensation officer may order the payment of compensation and the award of a governor’s certificate for meritorious citizen’s service to a victim for:

    (a) Medical expenses, expenses for psychological counseling and nonmedical remedial care and treatment rendered in accordance with a religious method of healing, that are actually and reasonably incurred as a result of the personal injury or death of the victim;

    (b) Loss of earnings or support [not to exceed $300 per week] that is reasonably incurred as a result of the total or partial incapacity of the victim for not longer than 52 weeks;

    (c) Pecuniary loss to the dependents of a deceased victim;

    (d) Funeral expenses [, not in excess of $2,500,] that are actually and reasonably incurred as a result of the death of the victim; and

    (e) Another loss which results from the personal injury or death of the victim and which the compensation officer determines to be reasonable.

    2.  The compensation officer may order the payment of compensation for a person who pays the funeral expenses of a victim.

    3.  An award must not be made for more than $50,000.

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

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