Link to Page 579

 

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ê2003 Statutes of Nevada, Page 580ê

 

CHAPTER 100, SB 412

Senate Bill No. 412–Committee on Finance

 

CHAPTER 100

 

AN ACT relating to medical and other related facilities; authorizing the State Board of Health to allow or require the payment of fees for licensing such facilities in installments; and providing other matters properly relating thereto.

 

[Approved: May 15, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 449.050 is hereby amended to read as follows:

      449.050  1.  Except as otherwise provided in subsection 2, each application for a license must be accompanied by such fee as may be determined by regulation of the Board. The Board may, by regulation, allow or require payment of a fee for a license in installments and may fix the amount of each payment and the date that the payment is due.

      2.  A facility for the care of adults during the day is exempt from the fees imposed by the Board pursuant to this section.

      Sec. 2.  NRS 449.060 is hereby amended to read as follows:

      449.060  1.  Each license issued pursuant to NRS 449.001 to 449.240, inclusive, expires on December 31 following its issuance and is renewable for 1 year upon reapplication and payment of [the fee provided in NRS 449.040 and] all fees required pursuant to NRS 449.050 unless the Health Division finds, after an investigation, that the facility has not:

      (a) Satisfactorily complied with the provisions of NRS 449.001 to 449.240, inclusive, or the standards and regulations adopted by the Board;

      (b) Obtained the approval of the Director of the Department of Human Resources before undertaking a project, if such approval is required by NRS 439A.100; or

      (c) Conformed to all applicable local zoning regulations.

      2.  Each reapplication for an agency to provide nursing in the home, a residential facility for intermediate care, a facility for skilled nursing or a residential facility for groups must include, without limitation, a statement that the facility or agency is in compliance with the provisions of NRS 449.173 to 449.188, inclusive.

      Sec. 3.  This act becomes effective on July 1, 2003.

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ê2003 Statutes of Nevada, Page 581ê

 

CHAPTER 101, SB 484

Senate Bill No. 484–Committee on Natural Resources

 

CHAPTER 101

 

AN ACT relating to agriculture; revising the membership of the Garlic and Onion Growers’ Advisory Board; eliminating the refund for certain assessments paid for growing and harvesting garlic or onions; revising the date by which a grower of garlic or onions must pay such an assessment; and providing other matters properly relating thereto.

 

[Approved: May 15, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 556.020 is hereby amended to read as follows:

      556.020  1.  The Garlic and Onion Growers’ Advisory Board, consisting of five members, is hereby created.

      2.  Two members of the Advisory Board must be:

      (a) Citizens of the United States;

      (b) Residents of the State of Nevada; and

      (c) Garlic growers actively engaged in the growing and producing of garlic in the State of Nevada who derive a substantial portion of their annual income from growing garlic.

      3.  Two members of the Advisory Board must be:

      (a) Citizens of the United States;

      (b) Residents of the State of Nevada; and

      (c) Onion growers actively engaged in the growing and producing of onions in the State of Nevada who derive a substantial portion of their annual income from growing onions.

      4.  One member of the Advisory Board must be [:

      (a) A] a citizen of the United States [;] and be:

      (a) Actively engaged in the industry of processing garlic or onions;

      (b) A member of [the American Dehydrated Onion and Garlic Association.] an association which represents the interests of persons actively engaged in the industry of processing garlic or onions; or

      (c) Actively engaged in the research of garlic or onions.

      Sec. 2.  NRS 556.070 is hereby amended to read as follows:

      556.070  [1.]  The Department shall, on or before August 1 of each year, fix an annual special assessment not to exceed $10 per acre to be levied upon all garlic and onions grown and harvested in this state [.] for commercial use. The Department shall collect the assessment and transmit the proceeds to the State Treasurer for credit to the Garlic and Onion Research and Promotion Account.

      [2.  On or before June 30 of each year, any person who has paid the special assessment levied pursuant to this section may file a claim for a refund with the Department accompanied by a receipt showing payment. Upon verification of the correctness of the claim, the Department shall transmit the claim to the State Controller for payment from the Garlic and Onion Research and Promotion Account.]


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ê2003 Statutes of Nevada, Page 582 (Chapter 101, SB 484)ê

 

      Sec. 3.  NRS 556.080 is hereby amended to read as follows:

      556.080  All assessments levied pursuant to the provisions of NRS 556.070 must be [paid] :

      1.  Paid to the Department by the grower of garlic or onions [and must be paid] ; and

      2.  Paid by December 1 of each year for the [grower of garlic, and by May 1 of each year for the grower of onions, or within 30 days after the planting of garlic or onions after those dates.] garlic or onions harvested within the 12 months immediately preceding that date.

      Sec. 4.  NRS 556.090 is hereby amended to read as follows:

      556.090  Any grower who fails [to file a return or] to pay any assessment pursuant to NRS 556.070 [within the period] by December 1 of each year as required by NRS 556.080 forfeits to the Department a penalty of 5 percent of the amount of the assessment due and 1 percent of the assessment due for each month of delay or fraction thereof after [the end of the month in which the return was required to be filed or in which] December 31 of the year that the assessment became due. The Department, if satisfied the delay was excusable, may remit any part of the penalty. The penalty must be paid to the Department and deposited for credit to the Garlic and Onion Research and Promotion Account.

      Sec. 5.  NRS 561.423 is hereby amended to read as follows:

      561.423  1.  The Garlic and Onion Research and Promotion Account is hereby created in the State General Fund. The proceeds of the special assessment levied pursuant to NRS 556.070 must be credited to the Account . [and all refunds made pursuant to NRS 556.070 must be paid from the Account.]

      2.  Expenditures from the Account may be made only for:

      (a) Garlic and onion research programs and marketing-promotion programs;

      (b) Administrative, per diem and travel expenses of the Garlic and Onion Growers’ Advisory Board; and

      (c) Reimbursement to the Department for administrative expenses of the Department, not to exceed 5 percent of the assessments collected.

      Sec. 6.  This act becomes effective on July 1, 2003.

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ê2003 Statutes of Nevada, Page 583ê

 

CHAPTER 102, AB 262

Assembly Bill No. 262–Assemblymen Manendo, Giunchigliani, Koivisto, McClain, Chowning, Anderson, Arberry, Atkinson, Buckley, Carpenter, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Goicoechea, Goldwater, Grady, Horne, Knecht, Leslie, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer and Williams

 

CHAPTER 102

 

AN ACT relating to housing; providing for the inspection of, and the issuance of certificates of occupancy for, factory-built housing and manufactured buildings by the Manufactured Housing Division of the Department of Business and Industry in certain counties under certain circumstances; authorizing the Division to establish certain fees; providing for the classification of mobile, manufactured and factory-built homes on leased land as real property for purposes of property taxes under certain circumstances; establishing liability for the unlawful removal of a mobile or manufactured home which has been converted to real property; authorizing certain dealers of new manufactured homes to contract with licensed providers of services to perform work pertinent to the sale, installation and occupancy of manufactured homes; revising provisions governing the licensure of limited servicemen who provide services relating to the installation and repair of manufactured homes; clarifying the applicability of certain statutory provisions regarding deceptive trade practices to a mobile or manufactured home; and providing other matters properly relating thereto.

 

[Approved: May 15, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 461.260 is hereby amended to read as follows:

      461.260  1.  [Local] In a county whose population is 400,000 or more, local enforcement agencies shall enforce and inspect the installation of factory-built housing and manufactured buildings.

      2.  In a county whose population is less than 400,000, local enforcement agencies may enforce and inspect the installation of factory-built housing and manufactured buildings. If a local enforcement agency fails or refuses to enforce and inspect the installation of any factory-built housing or manufactured building in its jurisdiction within 10 days after receipt of a request to inspect the installation, the Division shall enforce and inspect the installation.

      3.  Local use zone requirements, local fire zones, building setback, side and rear yard requirements, site development and property line requirements, as well as the review and regulation of architectural and aesthetic requirements are hereby specifically and entirely reserved to local jurisdictions notwithstanding any other requirement of this chapter.

      [3.] 4.  If, upon a final inspection conducted pursuant to subsection 2, the Division determines that the factory-built housing or manufactured building meets all requirements established for the installation of the factory-built housing or manufactured building and all applicable requirements described in subsection 3, the Division shall issue a certificate of occupancy for the factory-built housing or manufactured building.


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ê2003 Statutes of Nevada, Page 584 (Chapter 102, AB 262)ê

 

factory-built housing or manufactured building and all applicable requirements described in subsection 3, the Division shall issue a certificate of occupancy for the factory-built housing or manufactured building. The Division may adopt such regulations as it determines necessary to carry out its duties pursuant to this section. The regulations may establish fees for inspections and the issuance of certificates of occupancy.

      5.  A local government authority may inspect Nevada manufacturers of factory-built housing or manufactured buildings to ensure compliance with all the provisions of NRS 461.170. Before conducting an initial inspection of any such manufacturer, a local government authority must give 10 days’ written notice to the Administrator of the Division. The local government authority is not required to give notice to the Administrator before conducting subsequent inspections of the manufacturer.

      Sec. 2.  NRS 361.244 is hereby amended to read as follows:

      361.244  1.  A mobile or manufactured home is eligible to become real property if it becomes permanently affixed to land which is [owned] :

      (a) Owned by the owner of the mobile or manufactured home [.] ; or

      (b) Leased by the owner of the mobile or manufactured home if the home is being financed in accordance with the guidelines of the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the United States Department of Agriculture, or any other entity that requires as part of its financing program restrictions on ownership and actions affecting title and possession similar to those required by the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association and the United States Department of Agriculture.

      2.  A mobile or manufactured home becomes real property when the assessor of the county in which the mobile or manufactured home is located has placed it on the tax roll as real property. Except as otherwise provided in subsection 5, the assessor shall not place a mobile or manufactured home on the tax roll until:

      (a) He has received verification from the Manufactured Housing Division of the Department of Business and Industry that the mobile or manufactured home has been converted to real property;

      (b) The unsecured personal property tax has been paid in full for the current fiscal year;

      (c) An affidavit of conversion of the mobile or manufactured home from personal to real property has been recorded in the county recorder’s office of the county in which the mobile or manufactured home is located; and

      (d) The dealer or owner has delivered to the division a copy of the recorded affidavit of conversion and all documents relating to the mobile or manufactured home in its former condition as personal property.

      3.  A mobile or manufactured home which is converted to real property pursuant to this section shall be deemed to be a fixture and an improvement to the real property to which it is affixed.

      4.  Factory-built housing, as defined in NRS 461.080, constitutes real property if it becomes, on or after July 1, 1979, permanently affixed to land which is [owned] :

      (a) Owned by the owner of the factory-built housing [.] ; or

      (b) Leased by the owner of the factory-built housing if the factory-built housing is being financed in accordance with the guidelines of the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the United States Department of Agriculture, or any other entity that requires as part of its financing program restrictions on ownership and actions affecting title and possession similar to those required by the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association and the United States Department of Agriculture.


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ê2003 Statutes of Nevada, Page 585 (Chapter 102, AB 262)ê

 

Home Loan Mortgage Corporation, the Federal National Mortgage Association, the United States Department of Agriculture, or any other entity that requires as part of its financing program restrictions on ownership and actions affecting title and possession similar to those required by the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association and the United States Department of Agriculture.

      5.  The assessor of the county in which a manufactured home is located shall, without regard to the conditions set forth in subsection 2, place the manufactured home on the tax roll as real property if, on or after July 1, 2001, the manufactured home is permanently affixed to a residential lot pursuant to an ordinance required by NRS 278.02095.

      6.  The provisions of subsection 5 do not apply to a manufactured home located in:

      (a) An area designated by local ordinance for the placement of a manufactured home without conversion to real property;

      (b) A mobile home park; or

      (c) Any other area to which the provisions of NRS 278.02095 do not apply.

      7.  For the purposes of this section, “land which is owned” includes land for which the owner has a possessory interest resulting from a life estate, lease or contract for sale.

      Sec. 3.  NRS 361.2445 is hereby amended to read as follows:

      361.2445  1.  A mobile or manufactured home which has been converted to real property pursuant to NRS 361.244 may not be removed from the real property to which it is affixed unless, at least 30 days before removing the mobile or manufactured home:

      (a) The owner:

             (1) Files with the Division an affidavit stating that the sole purpose for converting the mobile or manufactured home from real to personal property is to effect a transfer of the title to the mobile or manufactured home;

             (2) Files with the Division the affidavit of consent to the removal of the mobile or manufactured home of each person who holds any legal interest in the real property to which the mobile or manufactured home is affixed; and

             (3) Gives written notice to the county assessor of the county in which the real property is situated; and

      (b) The county assessor certifies in writing that all taxes for the fiscal year on the mobile or manufactured home and the real property to which the mobile or manufactured home is affixed have been paid.

      2.  The county assessor shall not remove a mobile or manufactured home from the tax rolls until:

      (a) He has received verification that there is no security interest in the mobile or manufactured home or the holders of security interests have agreed in writing to the conversion of the mobile or manufactured home to personal property; and

      (b) An affidavit of conversion of the mobile or manufactured home from real to personal property has been recorded in the county recorder’s office of the county in which the real property to which the mobile or manufactured home was affixed is situated.


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ê2003 Statutes of Nevada, Page 586 (Chapter 102, AB 262)ê

 

      3.  A mobile or manufactured home which is physically removed from real property pursuant to this section shall be deemed to be personal property immediately upon its removal.

      4.  The Department shall adopt:

      (a) Such regulations as are necessary to carry out the provisions of this section; and

      (b) A standard form for the affidavits required by this section.

      5.  Before the owner of a mobile or manufactured home that has been converted to personal property pursuant to this section may transfer ownership of the mobile or manufactured home, he must obtain a certificate of ownership from the Division.

      6.  For the purposes of this section, the removal of a mobile or manufactured home from real property includes the detachment of the mobile or manufactured home from its foundation, other than temporarily for the purpose of making repairs or improvements to the mobile or manufactured home or the foundation.

      7.  An owner who physically removes a mobile or manufactured home from real property in violation of this section is liable for all legal costs and fees, plus the actual expenses, incurred by a person who holds any interest in the real property to restore the real property to its former condition. Any judgment obtained pursuant to this section may be recorded as a lien upon the mobile or manufactured home so removed.

      8.  As used in this section:

      (a) “Division” means the Manufactured Housing Division of the Department of Business and Industry.

      (b) “Owner” means any person who holds an interest in the mobile or manufactured home or the real property to which the mobile or manufactured home is affixed evidenced by a conveyance or other instrument which transfers that interest to him and is recorded in the office of the county recorder of the county in which the mobile or manufactured home and real property are situated, but does not include the owner or holder of a right-of-way, easement or subsurface property right appurtenant to the real property.

      Sec. 4.  Chapter 489 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A dealer of new manufactured homes who is licensed pursuant to chapter 624 of NRS may enter into written agreements pursuant to which appropriately licensed providers of service agree to perform work pertinent to the sale, installation and occupancy of a manufactured home. If such a dealer enters into such a written agreement, the dealer is responsible for the workmanship and completion of all parts of the project involving the sale, installation and occupancy of the manufactured home, including, without limitation, any work performed by a provider of service pursuant to the written agreement.

      2.  A dealer of new manufactured homes, regardless of whether he is licensed pursuant to chapter 624 of NRS, shall not require a buyer of a manufactured home to obtain services to be performed pertinent to the sale, installation or occupancy of the manufactured home from a specific provider. The dealer shall disclose to the buyer in writing the fact that the dealer is prohibited from requiring the buyer to obtain such services from a specific provider of services.


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ê2003 Statutes of Nevada, Page 587 (Chapter 102, AB 262)ê

 

      3.  As used in this section, “provider of services” means any person who performs work pertinent to the sale, installation and occupancy of a new manufactured home.

      Sec. 5.  NRS 489.325 is hereby amended to read as follows:

      489.325  1.  The Administrator may adopt regulations which provide for the creation of a subclass of licensure for servicemen. A person licensed as a limited serviceman pursuant to this section must be limited in the scope of the work he may perform to installation or repair in one of the following categories:

      (a) Awnings, roofing or skirting;

      (b) Plumbing;

      (c) Heating and air-conditioning systems; [or]

      (d) Electrical systems [.] ; or

      (e) Any other category that may be similarly licensed by the State Contractors’ Board.

      2.  The Administrator shall provide in those regulations for:

      (a) The imposition of reasonable fees for application, examination and licensure.

      (b) The creation and administration of a written or oral examination for each category of limited licensure.

      (c) Minimum qualifications for such a license, including, without limitation, the passage of the applicable examination.

      3.  A person who is licensed as a limited serviceman shall comply with each statute and regulation which applies to servicemen, including, without limitation, the payment of a fee required pursuant to subparagraph 1 of paragraph (c) of subsection 2 of NRS 489.4971.

      Sec. 6.  Chapter 598 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Goods” includes, without limitation, a mobile or manufactured home which:

      1.  Is not affixed to land; or

      2.  Is affixed to land and sold, leased or offered for sale or lease separately from the land to which it is affixed.

      Sec. 7.  NRS 598.0903 is hereby amended to read as follows:

      598.0903  As used in NRS 598.0903 to 598.0999, inclusive, unless the context otherwise requires, the words and terms defined in NRS 598.0905 to 598.0947, inclusive, and section 6 of this act have the meanings ascribed to them in those sections.

      Sec. 8.  This act becomes effective on July 1, 2003.

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ê2003 Statutes of Nevada, Page 588ê

 

CHAPTER 103, AB 273

Assembly Bill No. 273–Committee on Judiciary

 

CHAPTER 103

 

AN ACT relating to the protection of children; establishing procedures for permanently placing an abused or neglected child with a guardian; and providing other matters properly relating thereto.

 

[Approved: May 15, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 432.039 is hereby amended to read as follows:

      432.039  1.  When in the judgment of the court it is in the best interests of a child in the lawful custody of an agency which provides child welfare services, such an agency may petition for appointment as guardian of the person and estate of the child in the manner provided by chapter 159 or 432B of NRS.

      2.  The clerk of the district court, county clerk, county recorder or other county officer shall not require the payment of any fees or charges by the agency which provides child welfare services for appointment as guardian pursuant to this section, and the district court shall waive the furnishing of a bond by the agency which provides child welfare services if it is appointed guardian.

      3.  Except as otherwise provided in this section, the agency which provides child welfare services shall comply with all applicable provisions of chapter 159 or 432B of NRS.

      Sec. 2.  Chapter 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 7, inclusive, of this act.

      Sec. 3.  1.  If the plan adopted pursuant to NRS 432B.553 for the permanent placement of a child includes a request for the appointment of a guardian for the child pursuant to sections 4 to 7, inclusive, of this act, a governmental agency, a nonprofit corporation or any interested person, including, without limitation, the agency that adopted the plan may petition the court for the appointment of a guardian. The guardian may be appointed at a hearing conducted pursuant to NRS 432B.590 or at a separate hearing.

      2.  A petition for the appointment of a guardian pursuant to this section:

      (a) May not be filed before the court has determined that the child is in need of protection;

      (b) Must include the information required pursuant to NRS 159.044; and

      (c) Must include a statement explaining why the appointment of a guardian, rather than the adoption of the child or the return of the child to a parent, is in the best interests of the child.

      3.  In addition to the notice required pursuant to NRS 432B.590, a governmental agency, nonprofit corporation or interested person who files a petition for the appointment of a guardian must serve notice of the petition that includes a copy of the petition and the date, time and location of the hearing on the petition, by registered or certified mail or by personal service:


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ê2003 Statutes of Nevada, Page 589 (Chapter 103, AB 273)ê

 

of the hearing on the petition, by registered or certified mail or by personal service:

      (a) To all the persons entitled to notice of the hearing pursuant to NRS 432B.590, the parents of the child, any person or governmental agency having care, custody or control over the child, and, if the child is 14 years of age or older, the child; and

      (b) At least 20 days before the hearing on the petition.

      Sec. 4.  1.  The court may, upon the filing of a petition pursuant to section 3 of this act, appoint a person as a guardian for a child if:

      (a) The court finds:

             (1) That the proposed guardian is suitable and is not disqualified from guardianship pursuant to NRS 159.059;

             (2) That the child has been in the custody of the proposed guardian for 6 months or more pursuant to a determination by a court that the child was in need of protection, unless the court waives this requirement for good cause shown;

             (3) Except as otherwise provided in subsection 3, that the proposed guardian has complied with the requirements of chapter 159 of NRS; and

             (4) That the burden of proof set forth in chapter 159 of NRS for the appointment of a guardian for a child has been satisfied;

      (b) The child consents to the guardianship, if the child is 14 years of age or older; and

      (c) The court determines that the requirements for filing a petition pursuant to section 3 of this act have been satisfied.

      2.  A guardianship established pursuant to this section:

      (a) Provides the guardian with the powers and duties provided in NRS 159.079, and subjects the guardian to the limitations set forth in NRS 159.0805;

      (b) Is subject to the provisions of NRS 159.065 to 159.075, inclusive, and 159.185 to 159.201, inclusive;

      (c) Provides the guardian with sole legal and physical custody of the child;

      (d) Does not result in the termination of parental rights of a parent of the child; and

      (e) Does not affect any rights of the child to inheritance, a succession or any services or benefits provided by the Federal Government, this state or an agency or political subdivision of this state.

      3.  The court may appoint as a guardian for a child pursuant to this section for not more than 6 months a person who does not satisfy the residency requirement set forth in subsection 5 of NRS 159.059 if the court determines that appointing such a person is necessary to facilitate the permanent placement of the child.

      Sec. 5.  1.  In determining whether to grant a petition for the appointment of a guardian filed pursuant to section 3 of this act, the court may consider all relevant and material evidence that is admissible pursuant to this chapter, including, without limitation, any report submitted by a special advocate appointed as a guardian ad litem for the child pursuant to NRS 432B.500.

      2.  If a court appoints a guardian for a child pursuant to section 4 of this act, the court may order a reasonable right of visitation to any person whose right to custody or visitation of the child was terminated as a result of the appointment of the guardian if the court finds that the visitation is in the best interests of the child.


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ê2003 Statutes of Nevada, Page 590 (Chapter 103, AB 273)ê

 

of the appointment of the guardian if the court finds that the visitation is in the best interests of the child.

      Sec. 6.  Upon the entry of a final order by the court establishing a guardianship pursuant to section 4 of this act:

      1.  The custody of the child by the agency which has legal custody of the child is terminated;

      2.  The proceedings concerning the child conducted pursuant to NRS 432B.410 to 432B.590, inclusive, and sections 3 to 7, inclusive, of this act terminate; and

      3.  Unless subsequently ordered by the court to assist the court, the following agencies and persons are excused from any responsibility to participate in the guardianship case:

      (a) The agency which has legal custody of the child; and

      (b) Any counsel or guardian ad litem appointed by the court to assist in the proceedings conducted pursuant to NRS 432B.410 to 432B.590, inclusive, and sections 3 to 7, inclusive, of this act.

      Sec. 7.  1.  The court shall retain jurisdiction to enforce, modify or terminate a guardianship established pursuant to section 4 of this act until the child reaches 18 years of age.

      2.  Any person having a direct interest in a guardianship established pursuant to section 4 of this act may move to enforce, modify or terminate an order concerning the guardianship.

      3.  The court shall issue an order directing the appropriate agency which provides child welfare services to file a report and make a recommendation in response to any motion to enforce, modify or terminate an order concerning a guardianship established pursuant to section 4 of this act. The agency must submit the report to the court within 45 days after receiving the order of the court.

      4.  Any motion to enforce, modify or terminate an order concerning a guardianship established pursuant to section 4 of this act must comply with the provisions set forth in chapter 159 of NRS for motions to enforce, modify or terminate orders concerning guardianships.

      5.  A successor guardian may be appointed in accordance with the procedures set forth in chapter 159 of NRS.

      Sec. 8.  NRS 432B.250 is hereby amended to read as follows:

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

      1.  For his failure to make a report pursuant to NRS 432B.220;

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

      3.  In any proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive [.] , and sections 3 to 7, inclusive, of this act.

      Sec. 9.  NRS 432B.420 is hereby amended to read as follows:

      432B.420  1.  A parent or other person responsible for the welfare of a child who is alleged to have abused or neglected the child may be represented by an attorney at all stages of any proceedings under NRS 432B.410 to 432B.590, inclusive [.] , and sections 3 to 7, inclusive, of this act. Except as otherwise provided in subsection 2, if the person is indigent, the court may appoint an attorney to represent him. The court may, if it finds it appropriate, appoint an attorney to represent the child. The child may be represented by an attorney at all stages of any proceedings held pursuant to NRS 432B.410 to 432B.590, inclusive [.]


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ê2003 Statutes of Nevada, Page 591 (Chapter 103, AB 273)ê

 

NRS 432B.410 to 432B.590, inclusive [.] , and sections 3 to 7, inclusive, of this act. If the child is represented by an attorney, the attorney has the same authority and rights as an attorney representing a party to the proceedings.

      2.  If the court determines that the parent of an Indian child for whom protective custody is sought is indigent, the court:

      (a) Shall appoint an attorney to represent the parent;

      (b) May appoint an attorney to represent the Indian child; and

      (c) May apply to the Secretary of the Interior for the payment of the fees and expenses of such an attorney,

as provided in the Indian Child Welfare Act.

      3.  Each attorney, other than a public defender, if appointed under the provisions of subsection 1, is entitled to the same compensation and payment for expenses from the county as provided in NRS 7.125 and 7.135 for an attorney appointed to represent a person charged with a crime. Except as otherwise provided in NRS 432B.500, an attorney appointed to represent a child may also be appointed as guardian ad litem for the child. He may not receive any compensation for his services as a guardian ad litem.

      Sec. 10.  NRS 432B.430 is hereby amended to read as follows:

      432B.430  Except as otherwise provided in NRS 432B.457, only those persons having a direct interest in the case, as ordered by the judge or master, may be admitted to any proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive [.] , and sections 3 to 7, inclusive, of this act.

      Sec. 11.  NRS 432B.440 is hereby amended to read as follows:

      432B.440  The agency which provides child welfare services shall assist the court during all stages of any proceeding in accordance with NRS 432B.410 to 432B.590, inclusive [.] , and sections 3 to 7, inclusive, of this act.

      Sec. 12.  NRS 432B.450 is hereby amended to read as follows:

      432B.450  In any civil proceeding had pursuant to NRS 432B.410 to 432B.590, inclusive, and sections 3 to 7, inclusive, of this act, if there is expert testimony that a physical or mental injury of a child would ordinarily not be sustained or a condition not exist without either negligence or a deliberate but unreasonable act or failure to act by the person responsible for his welfare, the court shall find that the child is in need of protection unless that testimony is rebutted.

      Sec. 13.  NRS 432B.459 is hereby amended to read as follows:

      432B.459  1.  If a proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, and sections 3 to 7, inclusive, of this act is recorded using sound recording equipment or is transcribed, the clerk of the court shall, upon request, provide to a parent or guardian of the child who is the subject of the proceeding and the attorney of the parent or guardian a copy of the sound recording or transcript of the proceeding if:

      (a) Such a copy is available or could be made available; and

      (b) The parent or guardian or the county in which the proceeding is held, as appropriate, pays the fee for the copy in accordance with subsection 2.

      2.  Each board of county commissioners shall adopt a sliding scale for determining the amount to be paid for a copy of a sound recording or transcript of a proceeding pursuant to subsection 1 for a proceeding that was held in a court in its county. The sliding scale must be based on the ability of the parent or guardian to pay. The court shall review each case and make a finding as to the reasonableness of the charge in relation to the ability of the parent or guardian to pay. To the extent that the court determines that a parent or guardian is unable to pay for a copy of the recording or transcript pursuant to subsection 1, the cost of providing the copy of the sound recording or transcript is a charge against the county in which the proceeding was held.


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parent or guardian is unable to pay for a copy of the recording or transcript pursuant to subsection 1, the cost of providing the copy of the sound recording or transcript is a charge against the county in which the proceeding was held.

      Sec. 14.  NRS 432B.513 is hereby amended to read as follows:

      432B.513  1.  Except as otherwise provided in subsection 3, a person who submits a report or information to the court for consideration in a proceeding held pursuant to NRS 432B.500 to 432B.590, inclusive, and sections 3 to 7, inclusive, of this act shall provide a copy of the report or information, to the extent that the data or information in the report or information is available pursuant to NRS 432B.290, to each parent or guardian of the child who is the subject of the proceeding and to the attorney of each parent or guardian not later than 72 hours before the proceeding.

      2.  If a person does not provide a copy of a report or information to a parent or guardian of a child and an attorney of the parent or guardian before a proceeding if required by subsection 1, the court or master:

      (a) Shall provide the parent or guardian and his attorney an opportunity to review the report or information; and

      (b) May grant a continuance of the proceeding until a later date that is agreed upon by all the parties to the proceeding if the parent or guardian or his attorney requests that the court grant the continuance so that the parent or guardian and his attorney may properly respond to the report or information.

      3.  If a child was delivered to a provider of emergency services pursuant to NRS 432B.630 and the location of the parent of the child is unknown, a copy of a report or information described in subsection 1 need not be sent to that parent or his attorney pursuant to subsection 1.

      4.  As used in this section, “person” includes, without limitation, a government, governmental agency or political subdivision of a government.

      Sec. 15.  NRS 432B.555 is hereby amended to read as follows:

      432B.555  In any proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, and sections 3 to 7, inclusive, of this act, if the court determines that a custodial parent or guardian of a child who has been placed in protective custody has ever been convicted of a violation of NRS 200.508, the court shall not release the child to that custodial parent or guardian unless the court finds by clear and convincing evidence presented at the proceeding that no physical or psychological harm to the child will result from his release to that parent or guardian.

      Sec. 16.  NRS 432B.590 is hereby amended to read as follows:

      432B.590  1.  Except as otherwise provided in NRS 432B.513, the court shall hold a hearing concerning the permanent placement of a child:

      (a) Not later than 12 months after the initial removal of the child from his home and annually thereafter.

      (b) Within 30 days after making any of the findings set forth in subsection 3 of NRS 432B.393.

Notice of this hearing must be given by registered or certified mail to all the persons to whom notice must be given pursuant to subsection 4 of NRS 432B.580.

      2.  The court may require the presence of the child at the hearing and shall provide to each person to whom notice was given pursuant to subsection 1 an opportunity to be heard at the hearing.

      3.  At the hearing, the court shall review any plan for the permanent placement of the child adopted pursuant to NRS 432B.553 and determine:


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ê2003 Statutes of Nevada, Page 593 (Chapter 103, AB 273)ê

 

      (a) Whether the agency with legal custody of the child has made the reasonable efforts required by subsection 1 of NRS 432B.553; and

      (b) Whether, and if applicable when:

             (1) The child should be returned to his parents or placed with other relatives;

             (2) It is in the best interests of the child to [initiate] :

                   (I) Initiate proceedings to [:

                   (I) Terminate] terminate parental rights pursuant to chapter 128 of NRS so that the child can be placed for adoption; [or

                   (II) Establish]

                   (II) Initiate proceedings to establish a guardianship pursuant to chapter 159 of NRS; or

                   (III) Establish a guardianship in accordance with sections 3 to 7, inclusive, of this act; or

             (3) The agency with legal custody of the child has produced documentation of its conclusion that there is a compelling reason for the placement of the child in another permanent living arrangement.

The court shall prepare an explicit statement of the facts upon which each of its determinations is based. If the court determines that it is in the best interests of the child to terminate parental rights, the court shall use its best efforts to ensure that the procedures required by chapter 128 of NRS are completed within 6 months after the date the court makes that determination, including, without limitation, appointing a private attorney to expedite the completion of the procedures. The provisions of this subsection do not limit the jurisdiction of the court to review any decisions of the agency with legal custody of the child regarding the permanent placement of the child.

      4.  If a child has been placed outside of his home and has resided outside of his home pursuant to that placement for 14 months of any 20 consecutive months, the best interests of the child must be presumed to be served by the termination of parental rights.

      5.  This hearing may take the place of the hearing for review required by NRS 432B.580.

      6.  The provision of notice and an opportunity to be heard pursuant to this section does not cause any person planning to adopt the child, or any relative or provider of foster care to become a party to the hearing.

      Sec. 17.  NRS 49.295 is hereby amended to read as follows:

      49.295  1.  Except as otherwise provided in subsections 2 and 3 and NRS 49.305:

      (a) A husband cannot be examined as a witness for or against his wife without his consent, nor a wife for or against her husband without her consent.

      (b) Neither a husband nor a wife can be examined, during the marriage or afterwards, without the consent of the other, as to any communication made by one to the other during marriage.

      2.  The provisions of subsection 1 do not apply to a:

      (a) Civil proceeding brought by or on behalf of one spouse against the other spouse;

      (b) Proceeding to commit or otherwise place a spouse, the property of the spouse or both the spouse and the property of the spouse under the control of another because of the alleged mental or physical condition of the spouse;


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ê2003 Statutes of Nevada, Page 594 (Chapter 103, AB 273)ê

 

      (c) Proceeding brought by or on behalf of a spouse to establish his competence;

      (d) Proceeding in the juvenile court or family court pursuant to chapter 62 of NRS and NRS 432B.410 to 432B.590, inclusive [;] , and sections 3 to 7, inclusive, of this act; or

      (e) Criminal proceeding in which one spouse is charged with:

             (1) A crime against the person or the property of the other spouse or of a child of either, or of a child in the custody or control of either, whether the crime was committed before or during marriage.

             (2) Bigamy or incest.

             (3) A crime related to abandonment of a child or nonsupport of a wife or child.

      3.  The provisions of subsection 1 do not apply in any criminal proceeding to events which took place before the husband and wife were married.

      Sec. 18.  NRS 159.176 is hereby amended to read as follows:

      159.176  Every guardianship established pursuant to this chapter must be reviewed by the court annually.

________

 

CHAPTER 104, AB 497

Assembly Bill No. 497–Committee on Commerce and Labor

 

CHAPTER 104

 

AN ACT relating to food establishments; exempting a licensed child care facility from certain regulations applicable to a food establishment; and providing other matters properly relating thereto.

 

[Approved: May 15, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 446 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  “Potentially hazardous food” has the meaning ascribed to it in subpart 1-201 of the 1999 edition of the Food Code published by the Food and Drug Administration of the United States Department of Health and Human Services, unless the Administrator of the Health Division of the Department of Human Resources has adopted a later edition of the Food Code for this purpose.

      Sec. 3.  1.  Any regulation adopted by the State Board of Health or a local board of health pursuant to NRS 446.940 that establishes a standard for the construction of a food establishment or the equipment required to be present in a food establishment shall not apply to any child care facility that limits its menu to:

      (a) Food that does not constitute a potential or actual hazard to the public health; and

      (b) Potentially hazardous food that has been:

             (1) Commercially prepared and precooked; or

             (2) Pasteurized.


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ê2003 Statutes of Nevada, Page 595 (Chapter 104, AB 497)ê

 

      2.  As used in this section, “child care facility” includes:

      (a) A child care facility licensed pursuant to chapter 432A of NRS; or

      (b) A child care facility licensed by a city or county.

      Sec. 4.  NRS 446.030 is hereby amended to read as follows:

      446.030  1.  “Food handler” means any person employed in or operating a food establishment, whether that person is an employer, employee or other natural person, who handles, stores, transports, prepares, manufactures, serves or sells food, or who comes in contact with eating or cooking utensils or other equipment used in the handling, preparation, manufacture, service or sale of food.

      2.  The term does not include a person who only handles, stores, transports, sells or otherwise comes in contact with food that is permanently sealed or packaged for sale directly to the consumer and who, if the food is potentially hazardous food, handles the food only occasionally or incidentally outside the normal and usual course and scope of his responsibilities or employment.

      [3.  As used in this section, “potentially hazardous food” has the meaning ascribed to it in subpart 1-201 of the 1999 edition of the Food Code published by the Food and Drug Administration of the United States Department of Health and Human Services, unless the Administrator of the Health Division of the Department of Human Resources has adopted a later edition of the Food Code for this purpose.]

      Sec. 5.  This act becomes effective on July 1, 2003.

________

 

CHAPTER 105, SB 358

Senate Bill No. 358–Senators Titus, Wiener, Care, Schneider and Coffin

 

CHAPTER 105

 

AN ACT relating to land use planning; limiting certain powers of planning and zoning that may be exercised by local governments within certain enumerated lands adjacent to the Red Rock Canyon National Conservation Area; providing certain exceptions; and providing other matters properly relating thereto.

 

[Approved: May 19, 2003]

 

      Whereas, Red Rock Canyon is a natural wonder within the State of Nevada that is uniquely beautiful and of scenic interest; and

      Whereas, Red Rock Canyon includes several distinctive and significant geologic features, including, without limitation, the Keystone Thrust Fault, Willow Spring and Rainbow Mountain; and

      Whereas, In addition to its scenic beauty and geologic significance, Red Rock Canyon provides numerous recreational opportunities to visitors from both within and without the State of Nevada, including, without limitation, hiking, climbing, bicycling, camping and horseback riding; and

      Whereas, With regard to tourism, Red Rock Canyon provides a dramatic counterpoint to the activities offered within the more urban portions of Clark County, helping to draw to the area tourists who might not otherwise be interested in participating in gaming, attending shows or other such activities; and


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ê2003 Statutes of Nevada, Page 596 (Chapter 105, SB 358)ê

 

      Whereas, A significant part of the reason that Red Rock Canyon is of interest to tourists, sightseers and recreational users is that it provides an area of sanctuary from the congestion and sprawl of the more urban portions of Clark County; and

      Whereas, If the scenic views and largely rural character of Red Rock Canyon were to be encroached upon by development that is on a large scale or of inappropriate character, the value of Red Rock Canyon with respect to tourism, sightseeing and recreation would be greatly diminished, to the detriment of Clark County and the State of Nevada as a whole; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:

      In the region of this state for which the Red Rock Canyon Conservation Area and Adjacent Lands Act establishes limits upon development, the powers conferred by this chapter which relate to planning, subdivision regulation and zoning are subordinate to those limits.

      Sec. 2.  NRS 278.010 is hereby amended to read as follows:

      278.010  As used in NRS 278.010 to 278.630, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0105 to 278.0195, inclusive, have the meanings ascribed to them in those sections.

      Sec. 3.  Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

      In the region of this state for which the Red Rock Canyon Conservation Area and Adjacent Lands Act establishes limits upon development, the powers conferred by this chapter which relate to planning, subdivision regulation and zoning are subordinate to those limits.

      Sec. 4.  Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:

      In the region of this state for which the Red Rock Canyon Conservation Area and Adjacent Lands Act establishes limits upon development, the powers conferred by this chapter which relate to planning, subdivision regulation and zoning are subordinate to those limits.

      Sec. 5.  Chapter 269 of NRS is hereby amended by adding thereto a new section to read as follows:

      In the region of this state for which the Red Rock Canyon Conservation Area and Adjacent Lands Act establishes limits upon development, the powers conferred by this chapter which relate to planning, subdivision regulation and zoning are subordinate to those limits.

      Sec. 6.  Chapter 639, Statutes of Nevada 1993, at page 2673, is hereby amended by adding thereto a new section to be designated as section 0.5, immediately preceding section 1, to read as follows:

      This act shall be known as the Red Rock Canyon Conservation Area and Adjacent Lands Act.


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ê2003 Statutes of Nevada, Page 597 (Chapter 105, SB 358)ê

 

      Sec. 7.  Chapter 639, Statutes of Nevada 1993, at page 2673, is hereby amended by adding thereto new sections to be designated as sections 1.3 and 1.7, immediately following section 1, to read as follows:

      Sec. 1.3.  As used in this act, unless the context otherwise requires, the words and terms defined in sections 1.7 and 2 of this act have the meanings ascribed to them in those sections.

      Sec. 1.7.  “Adjacent lands” means the following tracts of land:

      1.  All of sections 34, 35 and 36, Township 20 South, Range 58 East, MDM;

      2.  All of sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26, 27, 34, 35 and 36, Township 21 South, Range 58 East, MDM;

      3.  All of sections 1, 2, 3, 10, 11, 12, 13, 14 and 15, Township 22 South, Range 58 East, MDM;

      4.  All of sections 31 and 32, Township 20 South, Range 59 East, MDM, with the exception of any lands that are located within the corporate limits of the City of Las Vegas on the effective date of this act;

      5.  All of sections 3 and 4, Township 21 South, Range 59 East, MDM, with the exception of any lands that are located within the corporate limits of the City of Las Vegas on the effective date of this act;

      6.  All of sections 5, 6, 7, 8, 9, 10 and 11, Township 21 South, Range 59 East, MDM, with the exception of any lands that are located within the Summerlin South unincorporated area on the effective date of this act;

      7.  All of sections 15, 16, 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33 and 34, Township 21 South, Range 59 East, MDM; and

      8.  All of sections 3, 4, 5, 6, 7, 8, 9, 10, 17 and 18, Township 22 South, Range 59 East, MDM.

      Sec. 8.  Chapter 639, Statutes of Nevada 1993, at page 2673, is hereby amended by adding thereto new sections to be designated as sections 4.3 and 4.7, immediately following section 4, to read as follows:

      Sec. 4.3.  With respect to adjacent lands, a local government:

      1.  Shall not, in regulating the use of those lands:

      (a) Increase the number of residential dwelling units allowed by zoning regulations in existence on the effective date of this act, unless such an increase can be accomplished, within a given area, by the trading of development credits or another mechanism that allows a greater number of residential dwelling units to be constructed in that area without increasing the overall density of residential dwelling units in that area;

      (b) Establish any new nonresidential zoning districts, other than for public facilities; or

      (c) Expand the size of any nonresidential zoning district in existence on the effective date of this act, other than for public facilities.

      2.  Shall, at its discretion:

      (a) Regulate matters to include, without limitation, landscaping, buffering, screening, signage and lighting; and

      (b) Retain all other authority regarding planning, zoning and regulation of uses of land.


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ê2003 Statutes of Nevada, Page 598 (Chapter 105, SB 358)ê

 

      Sec. 4.7.  The prohibitions set forth in section 4.3 of this act with respect to adjacent lands do not restrict or limit:

      1.  Any existing or future development or other rights held by any owner of real property that is not part of those adjacent lands, including, without limitation, all rights, consents and agreements established, enacted, granted or entered into by a governing body, whether reflected in codes, ordinances, permits, agreements or other documents;

      2.  Any future use or development of real property that is not part of those adjacent lands; or

      3.  The authority of any governing body to regulate real property that is not part of those adjacent lands.

      Sec. 9.  Section 1 of chapter 639, Statutes of Nevada 1993, at page 2673, is hereby amended to read as follows:

      Section 1.  The legislature hereby finds and declares that [this] :

      1.  This special act which regulates activity in the Red Rock Canyon National Conservation Area and on adjacent lands is necessary because of:

      [1.] (a) The unusual beauty of the Red Rock Canyon National Conservation Area; [and

      2.] (b) The rapidly increasing population and growth in the region around the Red Rock Canyon National Conservation Area [.] ; and

      (c) The need to harmonize:

             (1) The retention of the scenic beauty, small-town values, historic character, sense of community and recreational opportunities for visitors and residents of the Red Rock Canyon National Conservation Area and adjacent lands; and

             (2) Residential and commercial development within the Red Rock Canyon National Conservation Area and adjacent lands.

      2.  The Legislature supports acquisition by the Federal Government of vacant private lands that are:

      (a) Located within and adjacent to the Red Rock Canyon National Conservation Area;

      (b) Located outside of the boundary described in the Clark County Conservation of Public Lands and Natural Resources Act of 2002, Public Law 107-282, November 6, 2002; and

      (c) Essential to the character and value of the Red Rock Canyon National Conservation Area.

      Sec. 10.  Section 2 of chapter 639, Statutes of Nevada 1993, at page 2673, is hereby amended to read as follows:

      Sec. 2.  [As used in section 1 to 4, inclusive, of this act,] “Red Rock Canyon National Conservation Area” means the area in and around Red Rock Canyon which has been designated as a national conservation area by Congress pursuant to Title 16 of the United States Code.

      Sec. 11.  This act becomes effective on July 1, 2003.

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ê2003 Statutes of Nevada, Page 599ê

 

CHAPTER 106, AB 36

Assembly Bill No. 36–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 106

 

AN ACT relating to air pollution; revising provisions governing the program established by the State Environmental Commission for the regulation of smoke and other emissions by inspection of certain heavy-duty motor vehicles; revising provisions relating to the inspection and testing of certain motor vehicles; prohibiting certain branch offices and agents of the Department of Motor Vehicles from registering certain motor vehicles; eliminating the requirement that certain standards for petroleum products adopted by the State Board of Agriculture be similar to those of the State of California; exempting military tactical vehicles from requirements relating to the control of emissions from engines; and providing other matters properly relating thereto.

 

[Approved: May 19, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 445B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  “Heavy-duty motor vehicle” means, except as otherwise provided in NRS 445B.780, a motor vehicle that has a manufacturer’s gross vehicle weight rating of 8,500 pounds or more. The term does not include a passenger car.

      Sec. 3.  “Motor vehicle fuel” has the meaning ascribed to it in NRS 365.060.

      Sec. 4.  “Special fuel” has the meaning ascribed to it in NRS 366.060.

      Sec. 5.  1.  The provisions of NRS 445B.700 to 445B.845, inclusive, and sections 2 to 5, inclusive, of this act do not apply to military tactical vehicles.

      2.  As used in this section, “military tactical vehicle” means a motor vehicle that is:

      (a) Owned or controlled by the United States Department of Defense or by a branch of the Armed Forces of the United States; and

      (b) Used in combat, combat support, combat service support, tactical or relief operations, or training for such operations.

      Sec. 6.  NRS 445B.700 is hereby amended to read as follows:

      445B.700  As used in NRS 445B.700 to 445B.845, inclusive, and sections 2 to 5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 445B.705 to 445B.758, inclusive, and sections 2, 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 7.  NRS 445B.780 is hereby amended to read as follows:

      445B.780  1.  The Commission shall, by regulation, establish a program for the regulation of smoke and other emissions by inspection of heavy-duty motor vehicles that are powered by diesel fuel or [gasoline. The program must be substantially similar to the program established in the State of California.


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ê2003 Statutes of Nevada, Page 600 (Chapter 106, AB 36)ê

 

program must be substantially similar to the program established in the State of California.

      2.  The Director of the State Department of Conservation and Natural Resources shall review each amendment, repeal or other revision of a law or regulation of the State of California relating to the program established pursuant to subsection 1 to determine its appropriateness for this state. The Director shall recommend to the Commission any such provisions which he deems necessary or appropriate to ensure that program remains substantially similar to the program established in the State of California.

      3.] motor vehicle fuel.

      2.  The Commission shall adopt regulations concerning:

      (a) The equipment used to measure smoke and other emissions of heavy-duty motor vehicles.

      (b) The granting of a waiver [from the provisions adopted by reference in this section,] if compliance involves repair and equipment costs which exceed the limits established by the Commission. The Commission shall establish the limits in a manner which avoids unnecessary financial hardship to owners of heavy-duty motor vehicles.

      [4.] 3.  As used in this section, [a] “heavy-duty motor vehicle” means a motor vehicle that has a manufacturer’s gross vehicle weight rating of [8,500] 10,001 pounds or more. The term does not include a passenger car.

      Sec. 8.  NRS 445B.795 is hereby amended to read as follows:

      445B.795  The authority set forth in NRS 445B.770 providing for a compulsory inspection program is limited as follows:

      1.  In a county whose population is 100,000 or more, [all passenger cars and light-duty motor vehicles which use diesel] the following categories of motor vehicles which are powered by motor vehicle fuel or special fuel and require inspection pursuant to the regulations adopted by the Commission under NRS 445B.770 are required to have evidence of compliance upon registration or reregistration [.] :

      (a) All passenger cars;

      (b) Light-duty motor vehicles; and

      (c) Heavy-duty motor vehicles having a manufacturer’s gross vehicle weight rating which does not exceed 10,000 pounds.

      2.  In areas which have been designated by the Commission for inspection programs and which are located in counties whose populations are 100,000 or more, all used motor vehicles which require inspection pursuant to the regulations adopted by the Commission under NRS 445B.770 are required to have evidence of compliance upon registration or reregistration.

      3.  In designated areas in other counties where the Commission puts a program into effect, all used motor vehicles which require inspection pursuant to the regulations adopted by the Commission under NRS 445B.770 are required to have evidence of compliance upon registration or reregistration.

      4.  The board of county commissioners of a county containing a designated area may revise its program for the designated area after receiving the approval of the Commission.

      5.  Before carrying out the inspections of vehicles required pursuant to the regulations adopted by the Commission pursuant to NRS 445B.770, the Commission shall, by regulation, adopt testing procedures and standards for emissions for those vehicles.


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ê2003 Statutes of Nevada, Page 601 (Chapter 106, AB 36)ê

 

      Sec. 9.  NRS 445B.815 is hereby amended to read as follows:

      445B.815  1.  Except as otherwise provided in subsection 2, persons employed at branch offices of the Department of Motor Vehicles and the offices of county assessors who are acting as agents of the Department in the collection of fees for registration, shall not register:

      (a) A passenger car or light-duty motor vehicle which:

             (1) Uses [diesel] motor vehicle fuel or special fuel;

             (2) Is based in a county whose population is 100,000 or more; and

            (3) Requires inspection pursuant to the regulations adopted by the Commission under NRS 445B.770; [or]

      (b) A heavy-duty motor vehicle having a manufacturer’s gross vehicle weight rating which does not exceed 10,000 pounds, that:

             (1) Uses motor vehicle fuel or special fuel;

             (2) Is based in a county whose population is 100,000 or more; and

             (3) Requires inspection pursuant to the regulations adopted by the Commission under NRS 445B.770; or

      (c) A vehicle which:

             (1) Is based in an area of this state designated by the Commission; and

             (2) Requires inspection pursuant to the regulations adopted by the Commission under NRS 445B.770,

until evidence of compliance with NRS 445B.700 to 445B.845, inclusive, has been provided.

      2.  An owner or lessee of a fleet of three or more vehicles may, upon application to the Department of Motor Vehicles, submit evidence of compliance for his motor vehicles in a manner determined by that Department.

      Sec. 10.  NRS 445B.845 is hereby amended to read as follows:

      445B.845  1.  A violation of any provision of NRS 445B.700 to 445B.845, inclusive, and sections 2 to 5, inclusive, of this act relating to motor vehicles, or any regulation adopted pursuant thereto relating to motor vehicles, is a misdemeanor. The provisions of NRS 445B.700 to 445B.845, inclusive, and sections 2 to 5, inclusive, of this act or any regulation adopted pursuant thereto, must be enforced by any peace officer.

      2.  Satisfactory evidence that the motor vehicle or its equipment conforms to those provisions or regulations, when supplied by the owner of the motor vehicle to the Department of Motor Vehicles within 10 days after the issuance of a citation pursuant to subsection 1, may be accepted by the court as a complete or partial mitigation of the offense.

      Sec. 11.  NRS 590.070 is hereby amended to read as follows:

      590.070  1.  The State Board of Agriculture shall adopt regulations relating to the standards for petroleum products used in internal combustion engines . [, which are substantially similar to the laws and regulations of the State of California relating to those standards.

      2.  The State Board of Agriculture shall review each amendment, repeal or other revision of a law or regulation of the State of California relating to those standards to determine its appropriateness for this state. The Board shall adopt any regulation based on a law or regulation of the State of California which the Board determines is necessary or appropriate for this state to ensure that the regulations adopted by the Board remain substantially similar to the laws and regulations adopted by the State of California concerning those standards.


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ê2003 Statutes of Nevada, Page 602 (Chapter 106, AB 36)ê

 

      3.] 2.  It is unlawful for any person, or any officer, agent or employee thereof, to sell, offer for sale, assist in the sale of, deliver or permit to be sold or offered for sale, any petroleum or petroleum product as, or purporting to be, gasoline or diesel fuel, unless it conforms with the regulations adopted by the State Board of Agriculture pursuant to this section.

      [4.] 3.  This section does not apply to aviation fuel.

      [5.] 4.  In addition to any criminal penalty that is imposed pursuant to the provisions of NRS 590.150, any person who violates any provision of this section may be further punished as provided in NRS 590.071.

________

 

CHAPTER 107, AB 56

Assembly Bill No. 56–Assemblymen Anderson, Parks, Brown, Buckley, Claborn, Collins, Conklin, Geddes, Giunchigliani, Hettrick, Horne, Koivisto, Leslie, McClain, Oceguera, Sherer and Williams

 

CHAPTER 107

 

AN ACT relating to the City of Sparks; providing that the boundaries of wards must be determined on the basis of population; eliminating the authority of the Mayor to vote on any matter; and providing other matters properly relating thereto.

 

[Approved: May 19, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 1.040 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as amended by chapter 41, Statutes of Nevada 2001, at page 394, is hereby amended to read as follows:

      Sec. 1.040  Wards: Creation; boundaries.

      1.  The city [shall] must be divided into five wards , each of which [shall] must be as nearly equal in [registered voters] population as can be conveniently provided, and the territory comprising each ward [shall] must be contiguous. [In December of the year preceding a general election the Washoe County registrar of voters shall establish new boundaries for each ward if the number of electors registered at the time of the last preceding general election in any ward exceeds the number of electors registered in any other ward by more than 5 percent.]

      2.  The boundaries of the wards must be established and changed by ordinance. The boundaries of the wards:

      (a) Must be changed whenever the population in any ward, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, exceeds the population in any other ward by more than 5 percent.

      (b) May be changed to include territory that has been annexed, or whenever the population in any ward exceeds the population in another ward by more than 5 percent as determined by any measure that is found to be reliable by the City Council.


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ê2003 Statutes of Nevada, Page 603 (Chapter 107, AB 56)ê

 

      Sec. 2.  Section 3.010 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 41, Statutes of Nevada 2001, at page 396, is hereby amended to read as follows:

      Sec. 3.010  Mayor: Duties; Mayor pro tempore.

      1.  The Mayor shall:

      (a) Preside over the meetings of the City Council [, and he may vote only in case of a tie. The Mayor may not vote on any proposed ordinance.] , but is not entitled to vote on any procedural, substantive or other matter.

      (b) Act as the head of the government of the City for all purposes.

      (c) Perform such emergency duties as may be necessary for the general health, welfare and safety of the City.

      (d) Perform such other duties as may be prescribed by ordinance or by the provisions of Nevada Revised Statutes which apply to a mayor.

      2.  The Mayor may veto all matters passed by the City Council if he gives notice in writing to the City Clerk within 10 days of the action taken by the City Council. A veto may be overturned only by a vote of at least four-fifths of the City Council. An action requiring the expenditure of money is not effective without the approval of the Mayor, unless he does not disapprove the action within 10 days after it is taken by the City Council, or the City Council by a four-fifths majority approves such expenditure at a regular meeting.

      3.  The City Council shall elect one of its members to be Mayor pro tempore. He shall:

      (a) Hold the office and title until the next election without additional compensation, except as otherwise provided in paragraph (c).

      (b) Perform the duties of Mayor during the temporary absence or disability of the Mayor without loss of his rights and powers as a member of the Council.

      (c) Act as Mayor until the next election if the office of Mayor becomes vacant and draw the salary of Mayor. His salary and position as a member of the Council cease.

________

 


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ê2003 Statutes of Nevada, Page 604ê

 

CHAPTER 108, AB 67

Assembly Bill No. 67–Committee on Government Affairs

 

CHAPTER 108

 

AN ACT relating to the Charter of the City of Henderson; revising the positions of city employment that are excluded from the system of civil service of the City of Henderson; and providing other matters properly relating thereto.

 

[Approved: May 19, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 9.010 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 596, Statutes of Nevada 1995, at page 2218, is hereby amended to read as follows:

      Sec. 9.010  Civil service.

      1.  There is hereby created a system of civil service, applicable to and governing the employment of all employees of the City except department heads, the City Clerk, the City Attorney, assistant city attorneys, the City Manager, [and] assistant city managers, assistants to the City Manager, the Intergovernmental Relations Director, any elected officer [.] and any employee that reports directly to an elected officer.

      2.  The system of civil service must be administered by a Civil Service Board composed of five persons appointed by the City Council.

      3.  The Board shall prepare regulations governing the system of civil service to be adopted by the City Council. The regulations must provide for:

      (a) Examination of potential employees.

      (b) Procedures for recruitment and placement.

      (c) Classification of positions.

      (d) Procedures for promotion, disciplinary actions and removal of employees.

      (e) Such other matters as the Board may deem necessary.

      4.  Copies of the regulations governing the system of civil service must be distributed to all employees of the City.

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

________

 


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ê2003 Statutes of Nevada, Page 605ê

 

CHAPTER 109, AB 69

Assembly Bill No. 69–Committee on Government Affairs

 

CHAPTER 109

 

AN ACT relating to the State Public Works Board; expanding the exemption from the requirement that the State Public Works Board furnish engineering and architectural services for buildings constructed on state property or with legislative appropriation to certain improvements made by the Division of Wildlife of the State Department of Conservation and Natural Resources; and providing other matters properly relating thereto.

 

[Approved: May 19, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 341.141 is hereby amended to read as follows:

      341.141  1.  The Board shall furnish engineering and architectural services to the University and Community College System of Nevada and all other state departments, boards or commissions charged with the construction of any building constructed on state property or for which the money is appropriated by the Legislature, except:

      (a) Buildings used in maintaining highways;

      (b) Improvements, other than nonresidential buildings with more than 1,000 square feet in floor area, made [in] :

             (1) In state parks by the State Department of Conservation and Natural Resources; or

             (2) By the Division of Wildlife of the State Department of Conservation and Natural Resources; and

      (c) Buildings on property controlled by other state agencies if the Board has delegated its authority in accordance with NRS 341.119.

The Board of Regents of the University of Nevada and all other state departments, boards or commissions shall use those services.

      2.  The services must consist of:

      (a) Preliminary planning;

      (b) Designing;

      (c) Estimating of costs; and

      (d) Preparation of detailed plans and specifications.

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

________

 


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ê2003 Statutes of Nevada, Page 606ê

 

CHAPTER 110, AB 87

Assembly Bill No. 87–Committee on Government Affairs

 

CHAPTER 110

 

AN ACT relating to notarial officers; clarifying requirements for the execution of a certificate evidencing a notarial act; revising the provisions governing the additional fee that a notary public may charge for traveling to perform a notarial act; and providing other matters properly relating thereto.

 

[Approved: May 19, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 240 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  “Credible witness” means a person who:

      1.  Swears or affirms that the signer of a document is the person whom he claims to be; and

      2.  Is known personally to the signer of the document and the notarial officer.

      Sec. 3.  “Jurat” means a declaration by a notarial officer that the signer of a document signed the document in the presence of the notarial officer and swore to or affirmed that the statements in the document are true.

      Sec. 4.  NRS 240.001 is hereby amended to read as follows:

      240.001  As used in NRS 240.001 to 240.169, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 240.002 to [240.006,] 240.005, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 5.  NRS 240.004 is hereby amended to read as follows:

      240.004  “Notarial act” means an act that a [notary public appointed in] notarial officer of this state is authorized to perform. The term includes:

      1.  Taking an acknowledgment;

      2.  Administering an oath or affirmation;

      3.  [Taking a verification upon oath or affirmation;

      4.  Certifying or attesting] Certifying a copy;

      [5.] 4.  Executing a jurat;

      [6.] 5.  Noting a protest of a negotiable instrument; and

      [7.] 6.  Performing such other duties as may be prescribed by a specific statute.

      Sec. 6.  NRS 240.040 is hereby amended to read as follows:

      240.040  1.  [Except as otherwise provided in NRS 240.069, each notary public shall authenticate all his acts, including an acknowledgment, jurat, verification or other certificate, by:

      (a) Setting forth the following:

             (1) The venue.

             (2) His signature in ink and signed by his own hand.

             (3) A] The statement required by paragraph (d) of subsection 1 of NRS 240.1655 must:


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ê2003 Statutes of Nevada, Page 607 (Chapter 110, AB 87)ê

 

      (a) Be imprinted in indelible, photographically reproducible ink with a rubber or other mechanical stamp [setting forth his name, the] ; and

      (b) Set forth:

             (1) The name of the notary public;

             (2) The phrase “Notary Public, State of Nevada [,” the] ” ;

             (3) The date on which [his] the appointment of the notary public expires [, the] ;

             (4) The number of [his] the certificate of appointment [and, if he] of the notary public;

             (5) If the notary public so desires, the Great Seal of the State of Nevada [. If] ; and

             (6) If the notary public is a resident of an adjoining state, [the statement must also contain] the word “nonresident.”

      [(b) Including all applicable information in the acknowledgment, jurat, verification or other certificate.]

      2.  After July 1, 1965, an embossed notarial seal is not required on notarized documents.

      3.  The stamp required pursuant to subsection 1 must:

      (a) Be a rectangle, not larger than 1 inch by 2 1/2 inches, and may contain a border design; and

      (b) Produce a legible imprint.

      4.  A notary public shall not affix his [signature or] stamp over printed material.

      5.  As used in this section, “mechanical stamp” includes an imprint made by a computer or other similar technology.

      Sec. 7.  NRS 240.063 is hereby amended to read as follows:

      240.063  1.  The signature of a notary public on a document shall be deemed to be evidence only that the notary public knows the contents of the document that constitute the signature, execution, acknowledgment, oath, affirmation [, affidavit or verification.] or affidavit.

      2.  When a notary public certifies that a document is a certified or true copy of an original document, the certification shall not be deemed to be evidence that the notary public knows the contents of the document.

      Sec. 8.  NRS 240.069 is hereby amended to read as follows:

      240.069  A certified court reporter who receives a certificate of appointment as a notary public with limited powers pursuant to subsection 4 of NRS 240.030, may only administer oaths and affirmations and may not perform the other powers, and is not required to perform the other duties, of a notary public specified in NRS [240.040, 240.060 and 240.120.] 240.060, 240.120 and 240.1655.

      Sec. 9.  NRS 240.100 is hereby amended to read as follows:

      240.100  1.  Except as otherwise provided in subsection 3, a notary public may charge the following fees and no more:

 

For taking an acknowledgment, for the first signature of each signer $5.00

For each additional signature of each signer...................................... 2.50

For administering an oath or affirmation without a signature........ 2.50

For a certified copy.................................................................................. 2.50

For a jurat, for each signature on the affidavit.................................. 5.00

 


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ê2003 Statutes of Nevada, Page 608 (Chapter 110, AB 87)ê

 

      2.  All fees prescribed in this section are payable in advance, if demanded.

      3.  A notary public may charge an additional fee for traveling to perform a notarial act if:

      (a) The person requesting the notarial act asks the notary public to travel;

      (b) The notary public explains to the person requesting the notarial act that the fee is in addition to the fee authorized in subsection 1 and is not required by law;

      (c) The person requesting the notarial act agrees in advance upon the [amount of] hourly rate that the notary public will charge for the additional fee; and

      (d) The additional fee does not exceed [the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax.] :

             (1) If the person requesting the notarial act asks the notary public to travel between the hours of 6 a.m. and 7 p.m., $10 per hour.

             (2) If the person requesting the notarial act asks the notary public to travel between the hours of 7 p.m. and 6 a.m., $25 per hour.

The notary public may charge a minimum of 2 hours for such travel and shall charge on a pro rata basis after the first 2 hours.

      4.  A notary public is entitled to charge the amount of the additional fee agreed to in advance by the person requesting the notarial act pursuant to subsection 3 if:

      (a) The person requesting the notarial act cancels his request after the notary public begins his travel to perform the requested notarial act.

      (b) The notary public is unable to perform the requested notarial act as a result of the actions of the person who requested the notarial act or any other person who is necessary for the performance of the notarial act.

      5.  For each additional fee that a notary public charges for traveling to perform a notarial act pursuant to subsection 3, the notary public shall enter in the journal that he keeps pursuant to NRS 240.120:

      (a) The amount of the fee; and

      (b) The date and time that the notary public began and ended such travel.

      6.  A person who employs a notary public may prohibit the notary public from charging a fee for a notarial act that the notary public performs within the scope of his employment. Such a person shall not require the notary public whom he employs to surrender to him all or part of a fee charged by the notary public for a notarial act performed outside the scope of his employment.

      Sec. 10.  NRS 240.1655 is hereby amended to read as follows:

      240.1655  1.  A notarial act must be evidenced by a certificate that:

      (a) Identifies the county, including, without limitation, Carson City, in this state in which the notarial act was performed in substantially the following form:

 

State of Nevada

County of ............................

 

      (b) Except as otherwise provided in this paragraph, includes the name of the person whose signature is being notarized. If the certificate is for certifying a copy of a document, the certificate must include the name of the person presenting the document.


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ê2003 Statutes of Nevada, Page 609 (Chapter 110, AB 87)ê

 

the person presenting the document. If the certificate is for the jurat of a subscribing witness, the certificate must include the name of the subscribing witness.

      (c) Is signed and dated in ink by [a] the notarial officer [. The certificate must include identification of the jurisdiction in which the notarial act is performed and] performing the notarial act.

      (d) If the notarial officer performing the notarial act is a notary public, includes the statement imprinted with the stamp of the notary public, as described in NRS 240.040.

      (e) If the notarial officer performing the notarial act is not a notary public, includes the title of the office of the notarial officer and may include the official stamp or seal of that office. If the officer is a commissioned officer on active duty in the military service of the United States, [it] the certificate must also include the officer’s rank.

      2.  A notarial officer shall:

      (a) In taking an acknowledgment, determine, from personal knowledge or satisfactory evidence, that the person making the acknowledgment is the person whose signature is on the document. The person who signed the document shall present the document to the notarial officer in person.

      (b) In administering an oath or affirmation, determine, from personal knowledge or satisfactory evidence, the identity of the person taking the oath or affirmation.

      (c) In certifying a copy of a document, photocopy the entire document and certify that the photocopy is a true and correct copy of the document that was presented to the notarial officer.

      (d) In making or noting a protest of a negotiable instrument, verify compliance with the provisions of subsection 2 of NRS 104.3505.

      (e) In executing a jurat, administer an oath or affirmation to the affiant and determine, from personal knowledge or satisfactory evidence, that the affiant is the person named in the document. The affiant shall sign the document in the presence of the notarial officer. The notarial officer shall administer the oath or affirmation required pursuant to this paragraph in substantially the following form:

      Do you (solemnly swear, or affirm) that the statements in this document are true, (so help you God)?

      3.  A certificate of a notarial act is sufficient if it meets the requirements of [subsection] subsections 1 and 2 and it:

      (a) Is in the short form set forth in NRS 240.166 to 240.169, inclusive;

      (b) Is in a form otherwise prescribed by the law of this state;

      (c) Is in a form prescribed by the laws or regulations applicable in the place in which the notarial act was performed; or

      (d) Sets forth the actions of the notarial officer and those are sufficient to meet the requirements of the designated notarial act.

      [3.] 4.  For the purposes of paragraphs (a), (b) and (e) of subsection 2, a notarial officer has satisfactory evidence that a person is the person whose signature is on a document if he:

      (a) Is personally known to the notarial officer;

      (b) Is identified upon the oath or affirmation of a credible witness;

      (c) Is identified on the basis of an identifying document which contains a signature and a photograph;

      (d) Is identified upon an oath or affirmation of a subscribing witness who is personally known to the notarial officer; or


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ê2003 Statutes of Nevada, Page 610 (Chapter 110, AB 87)ê

 

      (e) In the case of a person who is 65 years of age or older and cannot satisfy the requirements of paragraphs (a) to (d), inclusive, is identified upon the basis of an identification card issued by a governmental agency or a senior citizen center.

      5.  An oath or affirmation administered pursuant to paragraph (b) of subsection 4 must be in substantially the following form:

      Do you (solemnly swear, or affirm) that you personally know ………(name of person who signed the document)………, (so help you God)?

      6.  A notarial officer shall not affix his signature over printed material.

      7.  By executing a certificate of a notarial act, the notarial officer certifies that the notarial officer has [made the determinations required by NRS 240.163.] complied with all the requirements of this section.

      Sec. 11.  NRS 240.166 is hereby amended to read as follows:

      240.166  [The] Upon compliance with the requirements of NRS 240.1655, the following certificate is sufficient for an acknowledgment in an individual capacity:

 

State of [...................... ] Nevada

County of............................

 

      This instrument was acknowledged before me on ........(date)........ by ....................(name(s) of person(s))....................

 

                                                                                .........................................................

                                                                                  (Signature of notarial officer)

(Seal, if any)

 

                                                                                .........................................................

                                                                                     (Title and rank (optional))

      Sec. 12.  NRS 240.1663 is hereby amended to read as follows:

      240.1663  [The] Upon compliance with the requirements of NRS 240.1655, the following certificate is sufficient for administering an oath or affirmation of office:

 

State of [...................... ] Nevada

County of............................

 

      I, .............(name of person taking oath or affirmation of office)............, do solemnly swear (or affirm) that I will support, protect and defend the Constitution and Government of the United States and the constitution and government of the State of Nevada against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of any state notwithstanding, and that I will well and faithfully perform all the duties of the office of ........(title of office)........, on which I am about to enter; (if an oath) so help me God; (if an affirmation) under the pains and penalties of perjury.

 

                                                                                .........................................................

                                                                                (Signature of person taking oath

                                                                                       or affirmation of office)


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ê2003 Statutes of Nevada, Page 611 (Chapter 110, AB 87)ê

 

      Signed and sworn to (or affirmed) before me on ........(date)........ by ...............(name of person taking oath or affirmation of office)...............

 

                                                                                .........................................................

                                                                                  (Signature of notarial officer)

(Seal, if any)

 

                                                                                .........................................................

                                                                                     (Title and rank (optional))

      Sec. 13.  NRS 240.1665 is hereby amended to read as follows:

      240.1665  [The] Upon compliance with the requirements of NRS 240.1655, the following certificate is sufficient for an acknowledgment in a representative capacity:

 

State of [...................... ] Nevada

County of............................

 

      This instrument was acknowledged before me on ........(date)........ by ....................(name(s) of person(s)).................... as ....................(type of authority, e.g., officer, trustee, etc.).................... of ....................(name of party on behalf of whom instrument was executed)....................

 

                                                                                .........................................................

                                                                                  (Signature of notarial officer)

(Seal, if any)

                                                                                .........................................................

                                                                                     (Title and rank (optional))

      Sec. 14.  NRS 240.1667 is hereby amended to read as follows:

      240.1667  [The] Upon compliance with the requirements of NRS 240.1655, the following certificate is sufficient for an acknowledgment that contains a power of attorney:

 

State of [...................... ] Nevada

County of ...........................

 

      This instrument was acknowledged before me on …………(date)………… by……………(name of person holding power of attorney)…………… as attorney-in-fact for……………(name of principal/person whose name is in the document).............

                                                                                .........................................................

                                                                                  (Signature of notarial officer)

(Seal, if any)

                                                                                .........................................................

                                                                                     (Title and rank (optional))

      Sec. 15.  NRS 240.167 is hereby amended to read as follows:

      240.167  [The] Upon compliance with the requirements of NRS 240.1655, the following certificate is sufficient for [a verification upon oath or affirmation:] executing a jurat:

 

State of [...................... ] Nevada

County of............................

 


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ê2003 Statutes of Nevada, Page 612 (Chapter 110, AB 87)ê

 

      Signed and sworn to (or affirmed) before me on ........(date)........ by ....................(name(s) of person(s) making statement)....................

 

                                                                                .........................................................

                                                                                  (Signature of notarial officer)

(Seal, if any)

                                                                                .........................................................

                                                                                     (Title and rank (optional))

      Sec. 16.  NRS 240.168 is hereby amended to read as follows:

      240.168  [The] Upon compliance with the requirements of NRS 240.1655, the following certificate is sufficient for [attesting] certifying a copy of a document:

 

State of [...................... ] Nevada

County of............................

 

      I certify that this is a true and correct copy of a document in the possession of.......................(name of person who presents the document)...................

      Dated......................................

 

                                                                                .........................................................

                                                                                  (Signature of notarial officer)

(Seal, if any)

                                                                                .........................................................

                                                                                     (Title and rank (optional))

      Sec. 17.  NRS 240.1685 is hereby amended to read as follows:

      240.1685  [The] Upon compliance with the requirements of NRS 240.1655, the following certificate is sufficient for a jurat of a subscribing witness:

 

State of [...................... ] Nevada

County of............................

 

      On ......(date)......, ..............(subscribing witness).............. personally appeared before me, whom I know to be the person who signed this jurat of a subscribing witness while under oath, and swears that he or she was present and witnessed ..........(signer of the document).......... sign his or her name to the above document.

 

                                                                                .........................................................

                                                                               (Signature of subscribing witness)

 

Signed and sworn before me on ……......(date)…...... by ……...............(subscribing witness)..............

 

                                                                                .........................................................

                                                                                  (Signature of notarial officer)

(Seal, if any)

                                                                                .........................................................

                                                                                     (Title and rank (optional))

 


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ê2003 Statutes of Nevada, Page 613 (Chapter 110, AB 87)ê

 

      Sec. 18.  NRS 240.169 is hereby amended to read as follows:

      240.169  [The] Upon compliance with the requirements of NRS 240.1655, the following certificate is sufficient for an acknowledgment of a credible witness:

 

State of [...................... ] Nevada

County of............................

 

      This instrument was acknowledged before me on ........... (date) ........... by ............. (name of person) .............. who personally appeared before me and whose identity I verified upon the oath of ..................... (name of credible witness) ................, a credible witness personally known to me [.] and to the person who acknowledged this instrument before me.

 

                                                                                .........................................................

                                                                                  (Signature of notarial officer)

(Seal, if any)

                                                                                .........................................................

                                                                                     (Title and rank (optional))

      Sec. 19.  NRS 240.006 and 240.163 are hereby repealed.

________

 

CHAPTER 111, AB 91

Assembly Bill No. 91–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 111

 

AN ACT relating to pesticides; providing for the registration of brands of pesticides; expanding the authorized uses of the fees currently deposited in an account for the disposal of pesticides to include the monitoring of ground water and surface water from contamination by pesticides; and providing other matters properly relating thereto.

 

[Approved: May 19, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 586 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Brand” means any and all words, terms, designs or trademarks used in connection with a pesticide.

      Sec. 2.  NRS 586.020 is hereby amended to read as follows:

      586.020  As used in NRS 586.010 to 586.450, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 586.030 to 586.220, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

      Sec. 3.  NRS 586.200 is hereby amended to read as follows:

      586.200  “Registrant” means the person registering any brand of pesticide pursuant to the provisions of NRS 586.010 to 586.450, inclusive [.] , and section 1 of this act.


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ê2003 Statutes of Nevada, Page 614 (Chapter 111, AB 91)ê

 

      Sec. 4.  NRS 586.250 is hereby amended to read as follows:

      586.250  [1.]  Each brand of pesticide which is distributed, sold [,] or offered for sale within this state , or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state , must be registered in the office of the Director . [and] Such a registration of a brand of pesticide must be renewed annually.

      [2.  Products which have the same formula and are manufactured by the same person, the labeling of which contains the same claims, and the labels of which bear a designation identifying the product as the same pesticide may be registered as a single pesticide. Additional names and labels may be added by supplemental statements during the current period of registration.]

      Sec. 5.  NRS 586.260 is hereby amended to read as follows:

      586.260  1.  The registrant shall file with the Director a statement including:

      (a) The name and address of the registrant and the name and address of the person whose name will appear on the label, if other than the registrant.

      (b) The [name] brand of the pesticide.

      (c) A complete copy of the labeling accompanying the brand of pesticide and a statement of all claims to be made for it, including directions for use.

      (d) If requested by the Director, a full description of the tests made and the results thereof upon which the claims are based.

      2.  In the case of the renewal of registration, a statement is required only with respect to information which is different from the information that was furnished when the brand of pesticide was registered or last reregistered.

      Sec. 6.  NRS 586.270 is hereby amended to read as follows:

      586.270  1.  A registrant shall pay an annual registration fee in an amount established by regulation of the Director for each brand of pesticide registered.

      2.  The Director shall, for each annual registration fee he collects, deposit in a separate account the amount established for that purpose by regulation of the Director. The money deposited in the account must be used [only] for the disposal of pesticides [.] and to monitor pesticides and protect ground water and surface water from contamination by pesticides.

      3.  A registrant who offers a pesticide for sale before registering the brand of pesticide shall pay an amount equal to twice the registration fee for registering the brand of pesticide.

      Sec. 7.  NRS 586.335 is hereby amended to read as follows:

      586.335  1.  The Director shall endeavor to eliminate from use in this state any pesticide:

      (a) Which endangers the agricultural or nonagricultural environment;

      (b) Which is not beneficial for the purposes for which it is sold; or

      (c) Which is misrepresented.

      2.  In carrying out this responsibility, he shall develop an orderly program for the continuous evaluation of all pesticides the brands of which have actually been registered.

      Sec. 8.  NRS 586.339 is hereby amended to read as follows:

      586.339  1.  Pursuant to NRS 586.335, the Director may, after a hearing, cancel the registration of, or refuse to register, any brand of pesticide [:

      (a) Which] if:


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ê2003 Statutes of Nevada, Page 615 (Chapter 111, AB 91)ê

 

      (a) The pesticide has demonstrated serious uncontrollable adverse effects within or outside the agricultural environment.

      (b) The use of [which] the pesticide is of less public value or greater detriment to the environment than the benefit received by its use.

      (c) [For which there] There is a reasonably effective and practicable alternate material or procedure to the pesticide which is demonstrably less destructive to the environment.

      (d) [Which, if] The pesticide, when properly used, is detrimental to:

             (1) Vegetation, except weeds;

             (2) Domestic animals; or

             (3) Public health and safety.

      (e) [Which] The pesticide is of little or no value for the purpose for which it is intended.

      (f) [Concerning which any] Any false or misleading statement concerning the pesticide is made or implied by the registrant or his agent, orally or in writing, or in the form of any advertising literature.

      2.  In making any such determination, the Director may require such practical demonstrations as are necessary to determine the facts.

      3.  If the Director has a reason to believe that any of the conditions stated in subsection 1 are applicable to any [registered] pesticide the brand of which is registered and that the use or continued use of the pesticide constitutes an immediate substantial danger to persons or to the environment, he may, after notice to the registrant, suspend the registration of the brand of pesticide pending a hearing and final decision.

      Sec. 9.  NRS 586.350 is hereby amended to read as follows:

      586.350  It is unlawful for any person to distribute, sell or offer for sale within this state, or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state, any pesticide the brand of which has not been registered pursuant to the provisions of NRS 586.250 to 586.300, inclusive, or any pesticide if any of the claims made for it or any of the directions for its use differ in substance from the representations made in connection with its registration, or if the composition of a pesticide differs from its composition as represented in connection with its registration, except that, in the discretion of the Director, a change in the labeling or formula of a pesticide may be made within a registration period without requiring reregistration of the [product.] brand of pesticide.

      Sec. 10.  NRS 586.360 is hereby amended to read as follows:

      586.360  It is unlawful for any person to distribute, sell or offer for sale within this state, or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state, any pesticide unless it is in the registrant’s or the manufacturer’s unbroken immediate container and there is affixed to the container, and to the outside container or wrapper of the retail package, if there is one through which the required information on the immediate container cannot be clearly read, a label bearing:

      1.  The name and address of the manufacturer, registrant or person for whom manufactured.

      2.  The [name, brand or trademark] brand under which the article is sold.

      3.  The net weight or measure of the content, subject to such reasonable variations as the Director may permit.


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      Sec. 11.  NRS 586.420 is hereby amended to read as follows:

      586.420  1.  The penalties provided for violations of NRS 586.350 to 586.390, inclusive, do not apply to:

      (a) Any carrier while lawfully engaged in transporting a pesticide within this state, if the carrier, upon request, permits the Director or his designated agent to copy all records showing the transactions in and movement of the articles.

      (b) Public officers of this state and the Federal Government engaged in the performance of their duties.

      (c) The manufacturer or shipper of a pesticide for experimental use only:

             (1) By or under the supervision of an agency of this state or of the Federal Government authorized by law to conduct research in the field of pesticides; or

             (2) By other persons if the pesticide is not sold and if the container thereof is plainly and conspicuously marked “For experimental use only—Not to be sold,” together with the manufacturer’s name and address, but if a written permit has been obtained from the Director, pesticides may be sold for experimental purposes subject to such restrictions and conditions as may be set forth in the permit.

      2.  An article shall not be deemed in violation of the provisions of NRS 586.010 to 586.450, inclusive, and section 1 of this act if intended solely for export to a foreign country [,] and if prepared or packed according to the specifications or directions of the purchaser. If not so exported, all the provisions of NRS 586.010 to 586.450, inclusive, and section 1 of this act apply.

      Sec. 12.  NRS 586.430 is hereby amended to read as follows:

      586.430  1.  The examination of pesticides or devices must be made under the direction of the Director to determine whether they comply with the requirements of NRS 586.010 to 586.450, inclusive [.] , and section 1 of this act. If it appears from the examination that a pesticide or device fails to comply with the provisions of NRS 586.010 to 586.450, inclusive, and section 1 of this act and the Director contemplates instituting criminal proceedings against any person, the Director shall cause appropriate notice to be given to the person. Any person so notified must be given an opportunity to present his views, orally or in writing, with regard to those contemplated proceedings, and if thereafter in the opinion of the Director it appears that the provisions of NRS 586.010 to 586.450, inclusive, and section 1 of this act have been violated by the person, the Director shall refer the facts to the district attorney of the county in which the violation occurred with a copy of the results of the analysis or the examination of the article. The provisions of NRS 586.010 to 586.450, inclusive, and section 1 of this act do not require the Director to report any act or failure to act for prosecution or for the institution of libel proceedings, or to report minor violations of NRS 586.010 to 586.450, inclusive, and section 1 of this act if he believes that the public interest will be best served by a suitable notice of warning in writing.

      2.  Each district attorney to whom any such violation is reported shall cause appropriate proceedings to be instituted and prosecuted in a court of proper jurisdiction without delay.

      3.  The Director shall, by publication in such manner as he may prescribe, give notice of all judgments entered in actions instituted under the authority of NRS 586.010 to 586.450, inclusive [.] , and section 1 of this act.


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ê2003 Statutes of Nevada, Page 617 (Chapter 111, AB 91)ê

 

      Sec. 13.  NRS 586.440 is hereby amended to read as follows:

      586.440  1.  Any pesticide or device that is distributed, sold or offered for sale within the State of Nevada , or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state [shall be] is liable to be proceeded against in any district court in any county of this state where it may be found and seized for confiscation by process of libel for condemnation:

      (a) In the case of a pesticide:

             (1) If it is adulterated or misbranded.

             (2) If [it] the brand of the pesticide has not been registered under the provisions of NRS 586.250 to 586.300, inclusive.

             (3) If it is a white powder pesticide and is not colored as required under NRS 586.010 to 586.450, inclusive [.] , and section 1 of this act.

             (4) If it fails to bear on the label the information required by NRS 586.010 to 586.450, inclusive [.] , and section 1 of this act.

      (b) In the case of a device, if it is misbranded.

      2.  If the article is condemned, it [shall,] must, after the entry of the decree, be disposed of by destruction or sale as the court may direct, and the proceeds [shall] must be paid to the State Treasurer and deposited in the State General Fund. The article seized [shall] must not be sold or destroyed contrary to the provisions of NRS 586.010 to 586.450, inclusive [.] , and section 1 of this act. The article [shall] must not be sold or destroyed if the owner thereof pays the costs of condemnation and executes a good and sufficient bond conditioned that the article [shall] must not be disposed of unlawfully. The court shall then order that the article condemned [shall] must be delivered to the owner thereof for relabeling or reprocessing as the case may be.

      3.  When a decree of condemnation is entered against the article, court costs, fees and storage charges , and other proper expenses [shall] , must be awarded against the person, if any, intervening as claimant of the article.

      Sec. 14.  NRS 561.385 is hereby amended to read as follows:

      561.385  1.  The Agriculture Registration and Enforcement Account is hereby created in the State General Fund for the use of the Department.

      2.  The following fees must be deposited in the Agriculture Registration and Enforcement Account:

      (a) [Fees] Except as otherwise provided in NRS 586.270, fees collected pursuant to the provisions of NRS 586.010 to 586.450, inclusive [.] , and section 1 of this act.

      (b) Fees collected pursuant to the provisions of chapter 588 of NRS . [588.010 to 588.350, inclusive.]

      (c) Fees collected pursuant to the provisions of NRS 590.340 to 590.450, inclusive.

      (d) Laboratory fees collected for the testing of pesticides as authorized by NRS 561.305, and as are necessary pursuant to the provisions of NRS 555.2605 to 555.460, inclusive, and 586.010 to 586.450, inclusive [.] , and section 1 of this act.

      (e) Laboratory fees collected for the analysis and testing of commercial fertilizers and agricultural minerals, as authorized by NRS 561.305, and as are necessary pursuant to the provisions of NRS 588.010 to 588.350, inclusive.


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      (f) Laboratory fees collected for the analysis and testing of petroleum products, as authorized by NRS 561.305, and as are necessary pursuant to the provisions of NRS 590.010 to 590.150, inclusive.

      (g) Laboratory fees collected for the analysis and testing of antifreeze, as authorized by NRS 561.305, and as are necessary pursuant to the provisions of NRS 590.340 to 590.450, inclusive.

      3.  Expenditures from the Agriculture Registration and Enforcement Account may be made only to carry out the provisions of this chapter, chapters 586, 588 and 590 of NRS and NRS 555.2605 to 555.460, inclusive.

      Sec. 15.  This act becomes effective upon passage and approval for the purpose of adopting regulations and on January 1, 2004, for all other purposes.

________

 

CHAPTER 112, AB 147

Assembly Bill No. 147–Assemblymen Oceguera, Claborn, Brown, Christensen, Conklin, Giunchigliani, Horne, McClain, McCleary and Pierce

 

CHAPTER 112

 

AN ACT relating to local governmental purchasing; providing for the consideration of the performance or delivery date in awarding contracts; exempting certain purchases of certain safety equipment for use by a local fire department or law enforcement agency from the requirements of competitive bidding; and providing other matters properly relating thereto.

 

[Approved: May 19, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 332.065 is hereby amended to read as follows:

      332.065  1.  If a governing body or its authorized representative has advertised for or requested bids in letting a contract, the governing body or its authorized representative must, except as otherwise provided in subsection 2, award the contract to the lowest responsive and responsible bidder. The lowest responsive and responsible bidder [must] may be judged on the basis of [price, conformance] :

      (a) Price;

      (b) Conformance to specifications [, qualifications, including, without limitation, past performance, quality] ;

      (c) Qualifications;

      (d) Past performance;

      (e) Performance or delivery date;

      (f) Quality and utility of services, supplies, materials or equipment offered and the adaptability of those services, supplies, materials or equipment to the required purpose of the contract; and [the]

      (g) The best interests of the public.

      2.  The governing body or its authorized representative:

      (a) Shall give preference to recycled products if:

             (1) The product meets the applicable standards;


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ê2003 Statutes of Nevada, Page 619 (Chapter 112, AB 147)ê

 

             (2) The product can be substituted for a comparable nonrecycled product; and

             (3) The product costs no more than a comparable nonrecycled product.

      (b) May give preference to recycled products if:

             (1) The product meets the applicable standards;

             (2) The product can be substituted for a comparable nonrecycled product; and

             (3) The product costs no more than 5 percent more than a comparable nonrecycled product.

      (c) May purchase recycled paper products if the specific recycled paper product is:

             (1) Available at a price which is not more than 10 percent higher than that of paper products made from virgin material;

             (2) Of adequate quality; and

             (3) Available to the purchaser within a reasonable period.

      3.  If , after the lowest responsive and responsible bidder has been awarded the contract, during the term of the contract he does not supply goods or services in accordance with the bid specifications, or if he repudiates the contract, the governing body or its authorized representative may reaward the contract to the next lowest responsive and responsible bidder without requiring that new bids be submitted. Reawarding the contract to the next lowest responsive and responsible bidder is not a waiver of any liability of the initial bidder awarded the contract.

      4.  As used in this section:

      (a) “Postconsumer waste” means a finished material which would normally be disposed of as a solid waste having completed its life cycle as a consumer item.

      (b) “Recycled paper product” means all paper and wood-pulp products containing in some combination at least 50 percent of its total weight:

             (1) Postconsumer waste; and

             (2) Secondary waste,

but does not include fibrous waste generated during the manufacturing process such as fibers recovered from wastewater or trimmings of paper machine rolls, wood slabs, chips, sawdust or other wood residue from a manufacturing process.

      (c) “Secondary waste” means fragments of products or finished products of a manufacturing process [,] which has converted a virgin resource into a commodity of real economic value.

      Sec. 2.  NRS 332.085 is hereby amended to read as follows:

      332.085  In determining the responsibility of any bidder, the governing body or its authorized representative [shall] :

      1.  Shall consider the possession of and limit on any required license of the bidder; and [may]

      2.  May consider the [financial responsibility, experience, adequacy] :

      (a) Financial responsibility of the bidder;

      (b) Experience of the bidder;

      (c) Adequacy of the equipment [, past performance and ability] of the bidder ;

      (d) Past performance of the bidder;

      (e) Performance or delivery date; and

      (f) Ability of the bidder to perform the contract.


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ê2003 Statutes of Nevada, Page 620 (Chapter 112, AB 147)ê

 

      Sec. 3.  NRS 332.115 is hereby amended to read as follows:

      332.115  1.  Contracts which by their nature are not adapted to award by competitive bidding, including contracts for:

      (a) Items which may only be contracted from a sole source;

      (b) Professional services;

      (c) Additions to and repairs and maintenance of equipment which may be more efficiently added to, repaired or maintained by a certain person;

      (d) Equipment which, by reason of the training of the personnel or of an inventory of replacement parts maintained by the local government , is compatible with existing equipment;

      (e) Perishable goods;

      (f) Insurance;

      (g) Hardware and associated peripheral equipment and devices for computers;

      (h) Software for computers;

      (i) Books, library materials and subscriptions;

      (j) Motor vehicle fuel purchased by a local law enforcement agency for use in an undercover investigation;

      (k) Motor vehicle fuel for use in a vehicle operated by a local law enforcement agency or local fire department if such fuel is not available within the vehicle’s assigned service area from a fueling station owned by the State of Nevada or a local government;

      (l) Purchases made with money in a store fund for prisoners in a jail or local detention facility for the provision and maintenance of a canteen for the prisoners;

      (m) Supplies, materials or equipment that are available from contracts with the General Services Administration or another governmental agency in the regular course of its business;

      (n) Items for resale through a retail outlet operated in this state by a local government or the State of Nevada; and

      (o) Goods or services purchased from organizations or agencies whose primary purpose is the training and employment of handicapped persons,

are not subject to the requirements of this chapter for competitive bidding , as determined by the governing body or its authorized representative.

      2.  The purchase of equipment for use by a local law enforcement agency in the course of an undercover investigation is not subject to the requirements of this chapter for competitive bidding , as determined by the governing body or its authorized representative, if:

      (a) The equipment is an electronic or mechanical device which by design is intended to monitor and document in a clandestine manner suspected criminal activity; or

      (b) Purchasing the equipment pursuant to such requirements would limit or compromise the use of such equipment by an agency authorized to conduct such investigations.

      3.  The purchase of personal safety equipment for use by a local fire department or local law enforcement agency is not subject to the requirements of this chapter for competitive bidding, as determined by the governing body or its authorized representative, if:

      (a) The personal safety equipment will be used by personnel of the fire department or law enforcement agency in responding to emergencies in which the health, safety or welfare of those personnel may be compromised, impaired or otherwise threatened; and


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ê2003 Statutes of Nevada, Page 621 (Chapter 112, AB 147)ê

 

which the health, safety or welfare of those personnel may be compromised, impaired or otherwise threatened; and

      (b) The cost of the personal safety equipment is comparable to the cost of similar personal safety equipment that is available for purchase by the public.

      4.  The governing body of a hospital required to comply with the provisions of this chapter, or its authorized representative, may purchase goods commonly used by the hospital, under a contract awarded pursuant to NRS 332.065, without additional competitive bidding even if at the time the contract was awarded:

      (a) The vendor supplying such goods to the person awarded the contract was not identified as a supplier to be used by the person awarded the contract; or

      (b) The vendor was identified as a supplier but was not identified as the supplier of such goods.

The governing body of the hospital shall make available for public inspection each such contract and records related to those purchases.

      [4.] 5.  This section does not prohibit a governing body or its authorized representative from advertising for or requesting bids.

      6.  As used in this section, “personal safety equipment” means safety equipment that is worn or otherwise carried on a regular basis by personnel of a fire department or law enforcement agency. The term includes, but is not limited to, firearms, boots, bulletproof vests or other types of body armor, protective garments, gloves and helmets.

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

________

 


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ê2003 Statutes of Nevada, Page 622ê

 

CHAPTER 113, AB 213

Assembly Bill No. 213–Assemblymen Mortenson, Christensen, Koivisto, Gibbons, Anderson, Angle, Arberry, Beers, Buckley, Chowning, Claborn, Collins, Conklin, Giunchigliani, Goicoechea, Griffin, Gustavson, Hardy, Hettrick, Knecht, Manendo, McClain, McCleary, Oceguera, Parks, Pierce, Sherer and Weber

 

CHAPTER 113

 

AN ACT relating to water; removing the prospective expiration of certain provisions establishing the circumstances under which certain temporary permits for the appropriation of ground water may be revoked; removing the prospective expiration of certain provisions restricting the authority of the State Engineer to limit the depth or prohibit the repair of certain wells; transferring the authority to provide financial assistance for the connection of certain property previously served by domestic wells to public water systems from certain local governmental entities to the Southern Nevada Water Authority; and providing other matters properly relating thereto.

 

[Approved: May 19, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 534.120 is hereby amended to read as follows:

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

      2.  In the interest of public welfare, the State Engineer is authorized and directed to designate preferred uses of water within the respective areas so designated by him and from which the ground water is being depleted, and in acting on applications to appropriate ground water, he may designate such preferred uses in different categories with respect to the particular areas involved within the following limits:

      (a) Domestic, municipal, quasi-municipal, industrial, irrigation, mining and stock-watering uses; and

      (b) Any uses for which a county, city, town, public water district or public water company furnishes the water.

      3.  Except as otherwise provided in subsection 5, the State Engineer may:

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

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

      (c) Limit the depth of domestic wells.

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


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ê2003 Statutes of Nevada, Page 623 (Chapter 113, AB 213)ê

 

such as a water district or a municipality presently engaged in furnishing water to the inhabitants thereof.

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

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

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

      (c) The holder of the permit will be offered financial assistance to pay at least 50 percent but not more than 85 percent, as determined by the entity providing the financial assistance, of the cost of the local and regional connection fees and capital improvements necessary for making the connection to the proposed source of water.

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

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

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

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

      (c) The person proposing to deepen or repair the well will be offered financial assistance to pay at least 50 percent but not more than 85 percent, as determined by the entity providing the financial assistance, of the cost of the local and regional connection fees and capital improvements necessary for making the connection to the proposed source of water.

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

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

      7.  Nothing in this section prohibits the State Engineer from revoking a temporary permit issued pursuant to this section if any parcel served by a well pursuant to the temporary permit is currently obtaining water from an entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the area.


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ê2003 Statutes of Nevada, Page 624 (Chapter 113, AB 213)ê

 

entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the area.

      Sec. 2.  Section 14 of the Southern Nevada Water Authority Act, being chapter 572, Statutes of Nevada 1997, as amended by chapter 468, Statutes of Nevada 1999, at page 2388, is hereby amended to read as follows:

      Sec. 14.  Money collected pursuant to section 13 of this act must be used to:

      1.  Develop and distribute information promoting education and the conservation of ground water in the Basin.

      2.  Perform such comprehensive inventories of wells of all types located within the Basin as may be needed. Such inventories must be done in conjunction with the State Engineer.

      3.  Prepare, for use by the Advisory Committee, such cost-benefit analyses relating to the recharge and recovery or underground storage and recovery of water in the Basin as may be needed.

      4.  Develop recommendations for additional activities for the management of the Basin and the protection of the aquifer in which the Basin is located, and to conduct such activities if the activities have been approved by the Board of Directors.

      5.  Develop and implement a program to provide financial assistance to pay at least 50 percent but not more than 85 percent of the cost of the local and regional connection fees and capital improvements necessary for making the connection to the proposed source of water, as determined by the Southern Nevada Water Authority, to owners of real property served by:

      (a) Domestic wells; or

      (b) Wells that are operated pursuant to temporary permits,

[in existence before October 1, 1999,] who are required by the State Engineer to connect the real property to a public water system [.] pursuant to NRS 534.120.

      6.  Pay the costs associated with abandoning and plugging wells on the real property of persons who are required by the State Engineer to connect the real property to a public water system pursuant to NRS 534.120.

      7.  Perform such other duties as are necessary for the Southern Nevada Water Authority and the Advisory Committee to carry out the provisions of this act.

      Sec. 3.  Section 5 of chapter 636, Statutes of Nevada 1999, at page 3545, is hereby amended to read as follows:

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

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

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

      Sec. 4.  Section 6 of chapter 85, Statutes of Nevada 2001, at page 556, is hereby amended to read as follows:

      Sec. 6.  [1.]  This act becomes effective on July 1, 2001.

      [2.  Section 5 of this act expires by limitation on July 1, 2005.]

      Sec. 5.  The State Engineer shall review whether his administrative powers in basins designated pursuant to NRS 534.030 are sufficient for the essential welfare of those basins and on or before February 1, 2005, shall provide to the Director of the Legislative Counsel Bureau for transmission to the 73rd Session of the Nevada Legislature a report identifying any additional administrative powers, including, without limitation, the ability to assess a monetary penalty, that he believes are necessary to enable him to carry out his duties with respect to those basins.


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ê2003 Statutes of Nevada, Page 625 (Chapter 113, AB 213)ê

 

the 73rd Session of the Nevada Legislature a report identifying any additional administrative powers, including, without limitation, the ability to assess a monetary penalty, that he believes are necessary to enable him to carry out his duties with respect to those basins.

      Sec. 6.  This act becomes effective upon passage and approval.

________

 

CHAPTER 114, AB 216

Assembly Bill No. 216–Committee on Government Affairs

 

CHAPTER 114

 

AN ACT relating to state financial administration; revising the manner in which certain claims against this state are audited; and providing other matters properly relating thereto.

 

[Approved: May 19, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 353.055 is hereby amended to read as follows:

      353.055  1.  [As often as it may be deemed proper, the State Board of Examiners shall examine the books of the State Controller and the State Treasurer, and the accounts and vouchers in their offices.

      2.]  For the purpose of discharging the duties imposed on the State Board of Examiners by law, the State Board of Examiners is authorized to demand information, and the State Controller and the State Treasurer are required to furnish to the Board without delay such information as the Board may demand, touching the books, papers, vouchers or matters pertaining to or cognizable in their respective offices.

      [3.] 2.  The State Controller and the State Treasurer shall permit the State Board of Examiners to examine the books and papers of their respective offices whenever the Board may wish to make an examination, without delaying the examination on any pretense whatever.

      Sec. 2.  NRS 353.090 is hereby amended to read as follows:

      353.090  1.  Except for claims against the Legislative Fund or for the payment of the salaries of public officers, every claim for payment from the State Treasury pursuant to an appropriation or authorization by the Legislature must be presented to the State Board of Examiners for a determination of its correctness. The State Board of Examiners [may] shall adopt regulations providing for the use of sampling procedures and postaudit techniques for making such a determination.

      2.  Any money which:

      (a) Is allocated to this state pursuant to a federal program in the form of a letter of credit or its equivalent;

      (b) Is authorized for expenditure by the Legislature;

      (c) Has not been deposited in the State Treasury; and

      (d) Is immediately available to this state through an automated federal payment management system,

shall be deemed to be available for a claim for payment from the State Treasury.


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ê2003 Statutes of Nevada, Page 626 (Chapter 114, AB 216)ê

 

      3.  The State Controller shall not allow or draw his warrant for:

      (a) Any claim of the class described in this section which has not been approved by the State Board of Examiners; or

      (b) A greater amount than allowed by the Board,

except when the claim has not been acted upon by the Board within 30 days after its presentation to the Board.

      Sec. 3.  NRS 353.190 is hereby amended to read as follows:

      353.190  1.  In addition to his other duties, the Chief is ex officio Clerk of the State Board of Examiners. Except as otherwise provided in subsection 4 of NRS 41.036, the Chief shall:

      (a) Assist the State Board of Examiners in the examination [, classification and preparation for audit] and classification of all the claims required to be presented to the Board [.] pursuant to NRS 353.090.

      (b) Conduct [an effective check and preaudit of all those claims before they are submitted] a postaudit of claims that have been presented to the Board [.] in the manner prescribed in the regulations adopted pursuant to NRS 353.090.

      (c) Approve, on behalf of and when authorized by the Board, claims against the State not required to be passed upon by the Legislature.

      (d) Each calendar quarter, provide to the Board a report of his determinations regarding any claims, refunds or other payments the Board has authorized him to approve on its behalf.

      2.  The rules of procedure governing the duties of the Chief pursuant to this section must be adopted by the State Board of Examiners.

      3.  The Chief may delegate these duties to his Deputy.

      Sec. 4.  NRS 353A.045 is hereby amended to read as follows:

      353A.045  The Chief shall:

      1.  Report to the Director.

      2.  Develop long-term and annual work plans to be based on the results of periodic documented risk assessments. The annual work plan must list the agencies to which the Division will provide training and assistance and be submitted to the Director for approval. Such agencies must not include:

      (a) A board created by the provisions of chapters 623 to 625A, inclusive, 628, 630 to 640A, inclusive, 641 to 644, inclusive, 654 and 656 of NRS.

      (b) The University and Community College System of Nevada.

      (c) The Public Employees’ Retirement System.

      (d) The Housing Division of the Department of Business and Industry.

      (e) The Colorado River Commission of Nevada.

      3.  Provide a copy of the approved annual work plan to the Legislative Auditor.

      4.  In consultation with the Director, prepare a plan for auditing executive branch agencies for each fiscal year and present the plan to the Committee for its review and approval. Each plan for auditing must:

      (a) State the agencies which will be audited, the proposed scope and assignment of those audits and the related resources which will be used for those audits; and

      (b) Ensure that the internal accounting, administrative controls and financial management of each agency are reviewed periodically.

      5.  Perform the audits of the programs and activities of the agencies in accordance with the plan approved pursuant to subsection 5 of NRS 353A.038 and prepare audit reports of his findings.


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ê2003 Statutes of Nevada, Page 627 (Chapter 114, AB 216)ê

 

      6.  Review each agency that is audited pursuant to subsection 5 and advise those agencies concerning internal accounting, administrative controls and financial management.

      7.  Submit to each agency that is audited pursuant to subsection 5 analyses, appraisals and recommendations concerning:

      (a) The adequacy of the internal accounting and administrative controls of the agency; and

      (b) The efficiency and effectiveness of the management of the agency.

      8.  Report any possible abuses, illegal actions, errors, omissions and conflicts of interest of which the Division becomes aware during the performance of an audit.

      9.  Adopt the standards of the Institute of Internal Auditors for conducting and reporting on internal audits.

      10.  Consult with the Legislative Auditor concerning the plan for auditing and the scope of audits to avoid duplication of effort and undue disruption of the functions of agencies that are audited pursuant to subsection 5.

      11.  Appoint a Manager of Internal Controls.

      Sec. 5.  NRS 41.010 is hereby amended to read as follows:

      41.010  An officer or person who has presented a claim against the State:

      1.  For services or advances authorized by law, and for which an appropriation has been made, but of which the amount has not been fixed by law; or

      2.  For refund of an overpayment,

which claim the State Board of Examiners or the State Controller has refused to [audit and] allow, in whole or in part, may commence an action in any court having jurisdiction of the amount, for the recovery of such portion of the claim as [shall have] has been rejected. In such action , the State of Nevada [shall] must be named as defendant, and the summons [shall] must be served upon the State Controller, and the action [shall] must proceed as other civil actions to final judgment.

      Sec. 6.  NRS 242.211 is hereby amended to read as follows:

      242.211  1.  The Fund for Information Services is hereby created as an internal service fund. Money from the Fund must be paid out on claims as other claims against the State are paid. The claims must be made in accordance with budget allotments and are subject to [preaudit] postaudit examination and approval.

      2.  All operating, maintenance, rental, repair and replacement costs of equipment and all salaries of personnel assigned to the Department must be paid from the Fund.

      3.  Each agency using the services of the Department shall pay a fee for that use to the Fund, which must be set by the Director in an amount sufficient to reimburse the Department for the entire cost of providing those services, including overhead. Each using agency shall budget for those services. All fees, proceeds from the sale of equipment and any other money received by the Department must be deposited with the State Treasurer for credit to the [appropriate] Fund.

      Sec. 7.  NRS 242.221 is hereby amended to read as follows:

      242.221  1.  All claims made pursuant to NRS 242.122 to 242.241, inclusive, must, when approved by the Department, be [audited and] paid as other claims against the State are paid.


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ê2003 Statutes of Nevada, Page 628 (Chapter 114, AB 216)ê

 

      2.  If the State Controller finds that current claims against the Fund for Information Services exceed the amount available in the Fund to pay the claims, he may advance temporarily from the State General Fund to the [appropriate] Fund the amount required to pay the claims, but no more than 25 percent of the revenue expected to be received in the current fiscal year from any source authorized for the Fund. No amount may be transferred unless requested by the Chief of the Budget Division of the Department of Administration.

      Sec. 8.  NRS 331.103 is hereby amended to read as follows:

      331.103  1.  The Department of Administration’s Communications Fund is hereby created as an internal service fund. The Fund is a continuing fund and its money may not revert to the State General Fund at any time.

      2.  Claims against the Fund which are approved by the Chief must be paid as other claims against the State are paid.

      3.  Claims must be made in accordance with budget and quarterly work allotments and subject to [preaudit] postaudit examination and approval.

      Sec. 9.  NRS 333.450 is hereby amended to read as follows:

      333.450  1.  All claims for supplies, materials, equipment and services purchased pursuant to the provisions of this chapter must, when approved by the Chief, be [audited and] paid in the same manner as other claims against the State are required to be [audited and] paid.

      2.  The Chief shall annually assess each using agency a fee for the procurement and inventory services provided by the Purchasing Division to the using agency. The fee must be based on the using agency’s use of the procurement and inventory services of the Purchasing Division during preceding years. The Chief shall adjust the formula for calculating the fee each biennium.

      3.  If an agency is not a using agency, the Chief shall assess a fee of not more than the cost to the Division to process the order for the agency.

      4.  The Chief may adopt regulations to carry out the provisions of this section.

      Sec. 10.  NRS 336.110 is hereby amended to read as follows:

      336.110  1.  The Motor Pool Fund is hereby created as an internal service fund. No money in the Fund may revert to the State General Fund at any time. Money from the Motor Pool Fund must be paid out on claims as other claims against the State are paid. The claims must be made in accordance with budget and quarterly work allotments and subject to [preaudit] postaudit examination and approval.

      2.  All operating, maintenance and repair costs for vehicles assigned to the State Motor Pool must be paid from the Motor Pool Fund and the accounting for depreciation must be accomplished in that Fund.

      3.  All agencies using vehicles of the State Motor Pool shall pay a fee for the use and a proportionate share of operational costs in an amount determined by the Executive Officer. The formula for spreading costs of operation may be adjusted from time to time as may be necessary to replace worn vehicles, pay vehicle costs and defray the costs of Motor Pool operation.

      4.  All fees, including amounts on account of depreciation accrued, costs and other money received by the State Motor Pool, including all proceeds from the sale of vehicles, must be deposited with the State Treasurer for credit to the Fund.


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ê2003 Statutes of Nevada, Page 629 (Chapter 114, AB 216)ê

 

      Sec. 11.  NRS 422.240 is hereby amended to read as follows:

      422.240  1.  Money to carry out the provisions of NRS 422.001 to 422.410, inclusive, and 422.580, including, without limitation, any federal money allotted to the State of Nevada pursuant to the program to provide Temporary Assistance for Needy Families and the Program for Child Care and Development, must be provided by appropriation by the Legislature from the State General Fund.

      2.  Disbursements for the purposes of NRS 422.001 to 422.410, inclusive, and 422.580 must be made upon claims duly filed [, audited] and allowed in the same manner as other money in the State Treasury is disbursed.

      Sec. 12.  NRS 432.080 is hereby amended to read as follows:

      432.080  All administrative expenses incurred by the Division in carrying out the provisions of NRS 432.010 to 432.085, inclusive, must be paid out of money which may be appropriated by the Legislature from the State General Fund and out of such other money as may be made available to the Division for the payment of administrative expenses. Disbursements must be made upon claims filed [, audited] and allowed in the same manner as other money in the State Treasury is disbursed. All claims must be approved by the Administrator before they are paid.

      Sec. 13.  NRS 463.330 is hereby amended to read as follows:

      463.330  1.  Costs of administration of this chapter incurred by the Commission and the Gaming Control Board must be paid from the State General Fund on claims presented by the Commission and the Board, respectively, and approved and paid as other claims against the State are paid. The Commission and the Board shall comply with the provisions of the State Budget Act in order that legislative authorization for budgeted expenditures may be provided.

      2.  In order to facilitate the confidential investigation of violations of this chapter and the regulations adopted by the Commission pursuant to this chapter, there is hereby created the State Gaming Control Board Revolving Account. Upon the written request of the Chairman of the Board, the State Controller shall draw his warrant in favor of the Chairman in the amount of $10,000, and upon presentation of the warrant to the State Treasurer, he shall pay it. When the warrant is paid, the Chairman shall deposit the $10,000 in a bank or credit union of reputable standing which shall secure the deposit with a depository bond satisfactory to the State Board of Examiners.

      3.  The Chairman of the Board may use the Revolving Account to pay the reasonable expenses of agents and employees of the Board engaged in confidential investigations concerning the enforcement of this chapter, including the prepayment of expenses where necessary, whether such expenses are incurred for investigation of known or suspected violations. In allowing such expenses , the Chairman is not limited or bound by the provisions of NRS 281.160.

      4.  After the expenditure of money from the Revolving Account, the Chairman of the Board shall present a claim to the State Board of Examiners for the amount of the expenditure to be replaced in the Revolving Account. The claim must be [audited,] allowed and paid as are other claims against the State, but the claim must not detail the investigation made as to the agent or employee making the investigation or the person or persons investigated. If the State Board of Examiners is not satisfied with the claim, the members thereof may orally examine the Chairman concerning the claim.


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ê2003 Statutes of Nevada, Page 630 (Chapter 114, AB 216)ê

 

      5.  Expenditures from the Revolving Account may not exceed the amount authorized by the Legislature in any fiscal year.

      Sec. 14.  NRS 703.168 is hereby amended to read as follows:

      703.168  The Commission may, in carrying out its duties:

      1.  Cooperate with the Federal Government, its departments and agencies.

      2.  Confer with the regulatory agencies of other states on matters of mutual concern and benefit to persons served by the public utilities and alternative sellers of this state.

      3.  Use the services, records, facilities and cooperation of federal and state regulatory agencies, and hold joint hearings and participate in joint conferences to reach decisions in matters which require cooperation. All necessary expenses incurred in attending hearings and conferences outside this state are a charge against the State, and must be [audited and] paid as other claims against this state are paid. The claims must be sworn to by the commissioner who incurred the expense and approved by the chairman.

      Sec. 15.  NRS 706.1717 is hereby amended to read as follows:

      706.1717  The Authority may, in carrying out its duties:

      1.  Cooperate with the Federal Government and its departments and agencies.

      2.  Confer with the regulatory agencies of other states on matters of mutual concern and benefit to persons served by motor carriers of this state.

      3.  Use the services, records, facilities and cooperation of federal and state regulatory agencies, and hold joint hearings and participate in joint conferences to reach decisions in matters that require cooperation. All necessary expenses incurred in attending hearings and conferences outside this state are a charge against the State and must be [audited and] paid as other claims against the State are paid.

      Sec. 16.  NRS 225.130 is hereby repealed.

      Sec. 17.  This act becomes effective upon passage and approval.

________

 

CHAPTER 115, AB 224

Assembly Bill No. 224–Committee on Government Affairs

 

CHAPTER 115

 

AN ACT relating to the Department of Cultural Affairs; revising provisions relating to the duties, governance and structure of the Nevada Arts Council; and providing other matters properly relating thereto.

 

[Approved: May 19, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 233C of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2.  “Administrator” means the Administrator of the Division.

      Sec. 3.  “Board” means the Board of the Division created pursuant to NRS 233C.030.

      Sec. 4.  “Commission” means the Commission for Cultural Affairs created pursuant to NRS 233C.200.


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ê2003 Statutes of Nevada, Page 631 (Chapter 115, AB 224)ê

 

      Sec. 5.  “Department” means the Department of Cultural Affairs.

      Sec. 6.  “Division” means the Nevada Arts Council.

      Sec. 7.  1.  The Nevada Arts Council is hereby created as a Division of the Department.

      2.  The Division is the sole and official agency of this state to receive and disburse any money made available to this state by the National Endowment for the Arts pursuant to 20 U.S.C. § 954.

      3.  The Division:

      (a) Shall cooperate with the State Public Works Board and the Buildings and Grounds Division of the Department of Administration to plan the potential purchase and placement of works of art inside or on the grounds surrounding a state building.

      (b) May request and must receive from any department, division, board, bureau, commission or agency of this state such assistance and data, as feasible and available, as will enable the Division to properly carry out the purposes of this chapter.

      Sec. 8.  1.  The Administrator is appointed by the Director with special reference to the Administrator’s training, experience, capacity and interest in the arts.

      2.  The Administrator must have:

      (a) A degree in the arts, a field related to the arts or public administration; and

      (b) Completed course work and accumulated experience in at least one of the arts with at least 5 years of progressively responsible work experience in the administration of arts and cultural programming, at least 2 years of which must have been in a supervisory capacity.

      3.  The Administrator may employ, within the limits of legislative appropriations, such staff as is necessary to the performance of his duties.

      4.  The Administrator is responsible to the Director for the general administration of the Division and for the submission of its budgets, subject to administrative supervision by the Director.

      5.  The Administrator shall direct the work of the Division, administer the Division and perform such other duties as the Director may, from time to time, prescribe.

      6.  To carry out the provisions of this chapter and within the limit of money available to him, the Administrator may enter into contracts and other lawful agreements with:

      (a) Natural persons, organizations and institutions for services furthering the mission and goals of the Division and the Board; and

      (b) Local, regional and national associations for cooperative endeavors furthering the mission and goals of the programs of the Division.

      7.  The Administrator may accept gifts, contributions and bequests of unrestricted money from natural persons, foundations, corporations and other organizations and institutions to further the mission and goals of the programs of the Division.

      8.  As used in this section, “Director” means the Director of the Department.

      Sec. 9.  NRS 233C.010 is hereby amended to read as follows:

      233C.010  As used in this chapter, unless the context otherwise requires, [“Council” means the State Arts Council.] the words and terms defined in sections 2 to 6, inclusive, of this act have the meanings ascribed to them in those sections.


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ê2003 Statutes of Nevada, Page 632 (Chapter 115, AB 224)ê

 

      Sec. 10.  NRS 233C.020 is hereby amended to read as follows:

      233C.020  The Legislature hereby determines and declares that:

      1.  The giving of further recognition to the arts as a vital aspect of our culture and heritage is an essential means of expanding the educational programs and promoting the general welfare of the people of the State of Nevada.

      2.  [With increasing leisure time, the practice and] The practice, enjoyment and impact of the arts are of [growing importance.

      3.  Many citizens of the] increasing importance to the economic vitality of communities in this state.

      3.  Residents of this state desire increased opportunity to view, enjoy or participate in the performing literary, visual and [fine] folk arts.

      4.  To this end, it is the policy of the State of Nevada to join with institutions and professional organizations concerned with the arts to insure that the role of the arts in the life of the communities of the State will continue to grow and play an ever increasing part in the cultural development and educational experience of the [citizens] residents of the State of Nevada.

      Sec. 11.  NRS 233C.030 is hereby amended to read as follows:

      233C.030  The [State Arts Council,] Board of the Division, consisting of nine members appointed by the Governor, is hereby created.

      Sec. 12.  NRS 233C.040 is hereby amended to read as follows:

      233C.040  1.  The Governor shall appoint the members of the [Council] Board from among [citizens of Nevada] residents of this state who are known for their knowledge of and experience in the performing literary, visual and [fine] folk arts.

      2.  After the initial terms, [members shall serve terms of] the term of each member is 4 years, except when appointed to fill unexpired terms.

      3.  A member may be removed by the Governor for three unexcused absences from [Council meetings.] meetings of the Board.

      Sec. 13.  NRS 233C.050 is hereby amended to read as follows:

      233C.050  1.  Each member of the [Council] Board is entitled to receive a salary of not more than $80, as fixed by the [Council,] Board, for each day or portion thereof during which he is in attendance at a regularly called meeting of the [Council.

      2.  While engaged] Board.

      2.  If provided for in the [business] budget of the [Council,] Division, each member and employee of the [Council] Board, while engaged in the business of the Board, is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 14.  NRS 233C.060 is hereby amended to read as follows:

      233C.060  1.  [Meetings] Except as otherwise provided in this subsection, meetings of the [Council] Board may be held [annually or] twice in each calendar year. If provided for in the budget of the Division, meetings of the Board may be held more frequently than twice in each calendar year at the discretion of the Chairman of the [Council.] Board.

      2.  A majority of the members of the [Council] Board constitutes a quorum for the transaction of business.

      3.  Each member of the [Council] Board has one vote to further the objectives of the [Council.] Board.

      Sec. 15.  NRS 233C.070 is hereby amended to read as follows:

      233C.070  1.  The [Council] Board shall elect from its membership a Chairman, a Vice Chairman and a [Secretary-Treasurer.


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ê2003 Statutes of Nevada, Page 633 (Chapter 115, AB 224)ê

 

      2.  All Council officers shall serve for a term of] Treasurer to serve as officers of the Board.

      2.  The Administrator shall act as the nonvoting recording Secretary of the Board.

      3.  The term of each officer of the Board, other than the Administrator, is 2 years and any vacancies that occur in those [positions shall] offices must be filled by election by the members of the [Council] Board for the remainder of the unexpired term.

      4.  No member of the Board may serve more than two consecutive terms as an officer of the Board.

      Sec. 16.  NRS 233C.090 is hereby amended to read as follows:

      233C.090  1.  The [Council shall stimulate] Board shall:

      (a) Stimulate throughout the State the presentation of the performing literary, visual and [fine] folk arts and encourage artistic expression essential for the well-being of the arts, and [shall] make, before September 1 of each even-numbered year, a report covering the biennium ending June 30 of that year to the Governor and the Legislature on its progress in this regard.

      [2.  The Council may:

      (a) Hold public and private hearings;

      (b) Enter into contracts, within the limit of money available therefor, with:

             (1) Natural persons, organizations and institutions for services furthering the educational objectives of the Council; and

             (2) Local and regional associations for cooperative endeavors furthering the educational objectives of the Council’s programs;

      (c) Accept gifts, contributions and bequests of unrestricted money from natural persons, foundations, corporations and other organizations and institutions to further the educational objectives of the Council’s programs;

      (d) Make any agreement appropriate to carry out the purposes of this chapter; and

      (e) Perform any acts necessary to carry out NRS 233C.096.

      3.  The Council is the sole and official agency of this state to receive and disburse any money made available to the State by the National Endowment for the Arts pursuant to 20 U.S.C. § 954.

      4.  The Council may request and must receive from any department, division, board, bureau, commission or agency of the State such assistance and data, as feasible and available, as will enable the Council properly to carry out the purposes of this chapter.

      5.  The Council shall cooperate with the State Public Works Board and the Buildings and Grounds Division of the Department of Administration to plan the potential purchase and placement of works of art inside or on the grounds surrounding a state building.]

      (b) Serve as an advocate of the arts and promote such policies and viewpoints as in the opinion of the Board would benefit the arts throughout this state.

      (c) Work with organizations that are concerned with the arts and whose activities are statewide in scope to develop and provide to the Division recommendations for:

             (1) Strategic plans;

             (2) The mission of and goals for the Division; and

             (3) Cultural policies and priorities for the State of Nevada.


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ê2003 Statutes of Nevada, Page 634 (Chapter 115, AB 224)ê

 

      (d) Hold public hearings to receive public comment and to discuss issues relevant to the carrying out of the powers and duties of the Board.

      (e) Assist the Division in the performance of acts necessary to carry out the provisions of NRS 233C.096.

      (f) In connection with the functions of the Division, approve grant applications and grant allocations within the limits of legislative appropriations.

      (g) In all other matters pertaining to the Division, serve in an advisory capacity to the Department and to the Division.

      2.  The Chairman of the Board shall serve as, or shall appoint another member of the Board to serve as, a member of the Commission, as required pursuant to paragraph (b) of subsection 1 of NRS 233C.200.

      3.  The Board may adopt such regulations as it deems necessary to carry out its powers and duties.

      Sec. 17.  NRS 233C.092 is hereby amended to read as follows:

      233C.092  The [Council] Division shall periodically cause an examination to be made of the physical condition of the works of art acquired for inclusion in public works to determine which works of art need repair, restoration or replacement and shall report this information to the Legislature.

      Sec. 18.  NRS 233C.094 is hereby amended to read as follows:

      233C.094  1.  The Account for License Plates for the Support of the Education of Children in the Arts is hereby created in the State General Fund. The [Director of the Council] Division shall administer the Account.

      2.  The money in the Account does not lapse to the State General Fund at the end of any fiscal year.

      3.  The money in the Account must be used only for the support of programs for the education of children in the arts and must not be used to replace or supplant funding available from other sources.

      Sec. 19.  NRS 233C.095 is hereby amended to read as follows:

      233C.095  1.  The Nevada Cultural Fund is hereby created as a special revenue fund. The purposes of the Fund are to:

      (a) Ensure a stable and healthy cultural climate in this state;

      (b) Advance and promote a meaningful role of the arts and humanities in the lives of individual persons, families and communities throughout this state; and

      (c) Stimulate the provision of additional funding from private sources to carry out the provisions of paragraphs (a) and (b).

The money in the Fund must be used to augment and must not be used to replace or supplant any legislative appropriations to the [Council.] Division.

      2.  Except as otherwise provided in subsection 4, the Fund is a continuing fund without reversion. The money in the Fund must be invested as the money in other state funds is invested. The interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund. Claims against the Fund must be paid as other claims against the State are paid.

      3.  The [Council] Division may accept gifts, grants and donations from any source for deposit in the Fund.

      4.  The State Board of Examiners may, upon making a determination that any portion of any amount appropriated by the Legislature for deposit in the Fund is necessary to meet existing or future obligations of the State, recommend to the Interim Finance Committee that the amount so needed be transferred from the Fund to the State General Fund.


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ê2003 Statutes of Nevada, Page 635 (Chapter 115, AB 224)ê

 

transferred from the Fund to the State General Fund. Upon approval of the Interim Finance Committee, the money may be so transferred.

      Sec. 20.  NRS 233C.096 is hereby amended to read as follows:

      233C.096  The [Council] Division shall administer the Nevada Cultural Fund and may expend only the amount of any gifts, grants, donations, interest and income credited to the Fund to:

      1.  Provide resources for developing the artistic, administrative and financial stability of cultural organizations that serve and enrich communities throughout this state regarding the arts and humanities;

      2.  Support programs and projects that provide residents of and visitors to this state with access to a broad range of activities regarding the arts and humanities;

      3.  Encourage cultural organizations to reduce their deficits, to establish cash reserves and endowments and to engage in capital projects that will aid in their stabilization; and

      4.  Support initiatives and organizations that encourage access to, the awareness of and education in the arts.

      Sec. 21.  NRS 233C.097 is hereby amended to read as follows:

      233C.097  The [Council] Division shall:

      1.  Adopt regulations establishing criteria and standards for the eligibility for and use of any funding to be provided by the [Council] Division pursuant to NRS 233C.096.

      2.  Report to each regular session of the Legislature:

      (a) The amount of money expended from the Nevada Cultural Fund;

      (b) The specific purposes for which the money was expended; and

      (c) The sources from which the money was obtained.

      Sec. 22.  NRS 233C.200 is hereby amended to read as follows:

      233C.200  1.  The Commission for Cultural Affairs is hereby created. The Commission is advisory to the Department [of Cultural Affairs] and consists of:

      (a) The Chairman of the Nevada Humanities Committee or a member of the Committee designated by him;

      (b) The Chairman of the [State Arts Council] Board or a member of the [Council] Board designated by him;

      (c) The Chairman of the Board of Museums and History or a member of the Board designated by him;

      (d) A member of the Board of Museums and History, to be appointed by the Governor;

      (e) One representative of the general public who has a working knowledge of the promotion of tourism in Nevada, to be appointed by the Governor; and

      (f) The Chairman of the State Council on Libraries and Literacy or a member of the Council designated by him.

      2.  The Commission shall:

      (a) Elect from its membership a Chairman who shall serve for a term of 2 years. A vacancy occurring in this position must be filled by election of the members of the Commission for the remainder of the unexpired term.

      (b) Prescribe rules for its own management and government.

      (c) Meet biannually, or at more frequent times if it deems necessary, and may, within the limitations of its budget, hold special meetings at the call of its Chairman.


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ê2003 Statutes of Nevada, Page 636 (Chapter 115, AB 224)ê

 

      3.  Three members of the Commission constitute a quorum, but a majority of the members of the Commission is necessary to consider the particular business before it and to exercise the power conferred on the Commission.

      4.  The members of the Commission are not entitled to be paid a salary or receive reimbursement for per diem or travel expenses.

      5.  The Commission may use the money derived from interest earned on the money in the Fund for the Preservation and Promotion of Cultural Resources created pursuant to NRS 233C.230 to pay for administrative services required by the Commission.

      Sec. 23.  NRS 233C.210 is hereby amended to read as follows:

      233C.210  1.  The Commission [for Cultural Affairs] shall establish within 1 year after its formation, and revise every 2 years thereafter, a 10‑year plan to:

      (a) Preserve and promote Nevada’s cultural resources; and

      (b) Develop a network of cultural centers and activities in this state.

      2.  The plan must include:

      (a) A description of the means by which a statewide network of cultural centers and activities is to be developed;

      (b) A program for awarding financial assistance to pay the actual expenses of preserving or protecting historical buildings to be used to develop a network of cultural centers and activities; and

      (c) A detailed list of the initial projects to be undertaken.

      3.  The plan must be submitted to:

      (a) The Governor;

      (b) The Legislative Commission; and

      (c) The State Board of Examiners.

      Sec. 24.  NRS 233C.220 is hereby amended to read as follows:

      233C.220  The Commission [for Cultural Affairs] may, in establishing the program for awarding financial assistance:

      1.  Award financial assistance to governmental entities and nonprofit corporations formed for educational or charitable purposes, including, without limitation, the preservation or promotion of cultural resources.

      2.  Establish the conditions an applicant must satisfy to receive an award of financial assistance. Financial assistance may only be awarded for the actual expenses of preserving or protecting historical buildings to be used to develop a network of cultural centers and activities.

      3.  Specify the criteria by which proposed projects will be judged. The criteria must include, but not be limited to, a consideration of the degree to which a proposed project:

      (a) May become a recurring event without the necessity of future state financial support;

      (b) Will be accessible to the community;

      (c) Will promote tourism in the State;

      (d) Will promote or preserve some historic or prehistoric feature of Nevada;

      (e) Will have multiple uses for many types of cultural organizations;

      (f) Will supplement training in the classroom in the arts and the humanities; and

      (g) Incorporates the various disciplines directly associated with cultural resources.


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ê2003 Statutes of Nevada, Page 637 (Chapter 115, AB 224)ê

 

      4.  Give priority to projects of statewide historical, prehistorical or cultural significance which demonstrate an ability to raise and sustain required amounts of financial support from sources other than the State of Nevada, including donations of goods and services. The ability of a project to raise and sustain support must be weighed against the relative means and abilities of the applicants.

      Sec. 25.  NRS 233C.225 is hereby amended to read as follows:

      233C.225  1.  The Commission [for Cultural Affairs] shall determine annually the total amount of financial assistance it will grant from the proceeds of bonds issued pursuant to this section in that calendar year pursuant to NRS 233C.200 to 233C.230, inclusive. The Commission shall notify the State Board of Examiners and the State Board of Finance of that amount. In no case may the amount to be granted from the proceeds of such bonds exceed $2,000,000 per year.

      2.  After receiving the notice given pursuant to subsection 1, the State Board of Finance shall issue general obligation bonds of the State of Nevada in the amount necessary to generate the amount to be granted by the Commission from the proceeds of bonds issued pursuant to this section and to pay the expenses related to the issuance of the bonds. The expenses related to the issuance of bonds pursuant to this section must be paid from the proceeds of the bonds, and must not exceed 2 percent of the face amount of the bonds sold. No public debt is created, within the meaning of Section 3 of Article 9 of the Constitution of the State of Nevada, until the issuance of the bonds.

      3.  The proceeds from the sale of the bonds authorized by this section, after deducting the expenses relating to the issuance of the bonds, must be deposited with the State Treasurer and credited to the Fund for the Preservation and Promotion of Cultural Resources.

      4.  The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds pursuant to this section.

      5.  The amount of financial assistance granted from the proceeds of bonds issued pursuant to this section must not exceed $20,000,000 in any 10‑year period. The total face amount of the bonds issued pursuant to this section must not exceed the sum of:

      (a) The amount of financial assistance granted pursuant to this section; and

      (b) The amount necessary to pay the expenses related to the issuance of the bonds, which must not exceed 2 percent of the face amount of the bonds sold.

      Sec. 26.  NRS 233C.230 is hereby amended to read as follows:

      233C.230  1.  There is hereby created in the State Treasury the Fund for the Preservation and Promotion of Cultural Resources. The Commission [for Cultural Affairs] is responsible for the administration of the Fund. All money received and held by the State Treasurer for that purpose must be deposited in the Fund. The Commission shall account separately for money received from the proceeds of bonds issued pursuant to NRS 233C.225.

      2.  Except as otherwise provided in subsection 5 of NRS 233C.200, the Commission may expend money in the Fund only for projects identified in the Commission’s plan to promote and preserve the State’s cultural resources pursuant to NRS 233C.200 to 233C.230, inclusive. In addition to the amount of financial assistance granted from the proceeds of bonds issued pursuant to NRS 233C.225, the Commission may grant as financial assistance not more than $750,000 each calendar year of the interest earned on the deposit or investment of the money in the Fund.


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ê2003 Statutes of Nevada, Page 638 (Chapter 115, AB 224)ê

 

than $750,000 each calendar year of the interest earned on the deposit or investment of the money in the Fund.

      3.  The money in the Fund must be invested as the money in other state funds is invested. All interest on the deposit or investment of the money in the Fund must be credited to the Fund.

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

      Sec. 27.  NRS 331.100 is hereby amended to read as follows:

      331.100  The Chief has the following specific powers and duties:

      1.  To keep all buildings, rooms, basements, floors, windows, furniture and appurtenances clean, orderly and presentable as befitting public property.

      2.  To keep all yards and grounds clean and presentable, with proper attention to landscaping and horticulture.

      3.  Under the supervision of the State Fire Marshal, to make arrangements for the installation and maintenance of water sprinkler systems, fire extinguishers, fire hoses and fire hydrants, and to take other fire prevention and suppression measures, necessary and feasible, that may reduce the fire hazards in all buildings under his control.

      4.  To make arrangements and provision for the maintenance of the State’s water system supplying the State-owned buildings at Carson City, with particular emphasis upon the care and maintenance of water reservoirs, in order that a proper and adequate supply of water be available to meet any emergency.

      5.  To make arrangements for the installation and maintenance of water meters designed to measure accurately the quantity of water obtained from sources not owned by the State.

      6.  To make arrangements for the installation and maintenance of a lawn sprinkling system on the grounds adjoining the Capitol Building at Carson City, or on any other State-owned grounds where such installation is practical or necessary.

      7.  To investigate the feasibility, and economies resultant therefrom, if any, of the installation of a central power meter, to measure electrical energy used by the state buildings in the vicinity of and including the Capitol Building at Carson City, assuming the buildings were served with power as one unit.

      8.  To purchase, use and maintain such supplies and equipment as are necessary for the care, maintenance and preservation of the buildings and grounds under his supervision and control.

      9.  Subject to the provisions of chapter 426 of NRS regarding the operation of vending stands in or on public buildings and properties by blind persons, to install or remove vending machines and vending stands in the buildings under his supervision and control, and to have control of and be responsible for their operation.

      10.  To cooperate with the [State] Nevada Arts Council and the State Public Works Board to plan the potential purchase and placement of works of art inside or on the grounds surrounding a state building.

      Sec. 28.  NRS 341.211 is hereby amended to read as follows:

      341.211  The Board shall:

      1.  Cooperate with other departments and agencies of the State in their planning efforts.


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ê2003 Statutes of Nevada, Page 639 (Chapter 115, AB 224)ê

 

      2.  Advise and cooperate with municipal, county and other local planning commissions within the State to promote coordination between the State and the local plans and developments.

      3.  Cooperate with the [State] Nevada Arts Council and the Buildings and Grounds Division of the Department of Administration to plan the potential purchase and placement of works of art inside or on the grounds surrounding a state building.

      Sec. 29.  NRS 361.186 is hereby amended to read as follows:

      361.186  1.  A taxpayer may collect an admission fee for the exhibition of fine art otherwise exempt from taxation pursuant to NRS 361.068 if the taxpayer offers to residents of the State of Nevada a discount of 50 percent from any admission fee charged to nonresidents. The discounted admission fee for residents must be offered at any time the exhibition is open to the public and admission fees are being charged.

      2.  Except as otherwise provided in subsection 5, if a taxpayer collects a fee for the exhibition of fine art otherwise exempt from taxation pursuant to NRS 361.068, the exemption pertaining to that fine art for the fiscal year must be reduced by the net revenue derived by the taxpayer for that fiscal year. The exemption pertaining to fine art for a particular fiscal year must not be reduced below zero, regardless of the amount of the net revenue derived by the taxpayer for that fiscal year.

      3.  A tax resulting from the operation of this section is due with the tax otherwise due under the taxpayer’s first statement filed pursuant to NRS 361.265 after the 15th day of the fourth month after the end of the fiscal year in which the net revenue was received or, if no such statement is required to be filed, under a statement of the net revenue filed on or before the last day of the fourth month after the end of that fiscal year.

      4.  A taxpayer who is required to pay a tax resulting from the operation of this section may receive a credit against the tax for any donations made by the taxpayer to the [State] Nevada Arts Council, the Division of Museums and History Dedicated Trust Fund established pursuant to NRS 381.0031, a museum that provides exhibits specifically related to nature or a museum that provides exhibits specifically related to children, if the taxpayer:

      (a) Made the donation before the date that either statement required pursuant to subsection 3 is due; and

      (b) Provides to the county assessor documentation of the donation at the time that he files the statement required pursuant to subsection 3.

      5.  If a taxpayer qualifies for and avails himself of both of the exemptions from taxation provided by NRS 361.068 and 374.291, the reduction of the exemptions by the net revenue derived by the taxpayer, as required pursuant to subsection 2 of this section and subsection 2 of NRS 374.2911, must be carried out in such a manner that the total net revenue derived by the taxpayer is first applied to reduce the exemption provided pursuant to NRS 374.291. If the net revenue exceeds the amount of the exemption provided pursuant to NRS 374.291, the remaining net revenue must be applied to reduce the exemption provided pursuant to NRS 361.068. If the net revenue is less than or equal to the exemption provided pursuant to NRS 374.291 for that fiscal year, the exemption provided pursuant to NRS 361.068 must not be reduced.

      6.  For the purposes of this section:

      (a) “Direct costs of owning and exhibiting the fine art” does not include any allocation of the general and administrative expense of a business or organization that conducts activities in addition to the operation of the facility in which the fine art is displayed, including, without limitation, an allocation of the salary and benefits of a senior executive who is responsible for the oversight of the facility in which the fine art is displayed and who has substantial responsibilities related to the other activities of the business or organization.


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ê2003 Statutes of Nevada, Page 640 (Chapter 115, AB 224)ê

 

organization that conducts activities in addition to the operation of the facility in which the fine art is displayed, including, without limitation, an allocation of the salary and benefits of a senior executive who is responsible for the oversight of the facility in which the fine art is displayed and who has substantial responsibilities related to the other activities of the business or organization.

      (b) “Net revenue” means the amount of the fees collected for exhibiting the fine art during that fiscal year less the following paid or made during that fiscal year:

             (1) The direct costs of owning and exhibiting the fine art; and

             (2) The cost of educational programs associated with the taxpayer’s public display of fine art, including the cost of meeting the requirements of sub-subparagraph (IV) of subparagraph (1) of paragraph (b) of subsection 5 of NRS 361.068.

      Sec. 30.  NRS 374.2911 is hereby amended to read as follows:

      374.2911  1.  A taxpayer may collect an admission fee for the exhibition of fine art otherwise exempt from taxation on its sale, storage, use or other consumption pursuant to NRS 374.291 if the taxpayer offers to residents of the State of Nevada a discount of 50 percent from any admission fee charged to nonresidents. The discounted admission fee for residents must be offered at any time the exhibition is open to the public and admission fees are being charged.

      2.  If a taxpayer collects a fee for the exhibition of fine art otherwise exempt from taxation on its sale, storage, use or other consumption pursuant to NRS 374.291 and the fee is collected during the first full fiscal year after the purchase of the fine art, the exemption pertaining to that fine art must be reduced by the net revenue derived by the taxpayer for that first full fiscal year. The exemption pertaining to fine art must not be reduced below zero, regardless of the amount of the net revenue derived by the taxpayer for that first full fiscal year.

      3.  Any tax due pursuant to this section must be paid with the first sales and use tax return otherwise required to be filed by the taxpayer following the 15th day of the fourth month after the end of the first full fiscal year following the purchase of the fine art or, if no sales and use tax return is otherwise required to be filed by the taxpayer, with a sales and use tax return filed specifically for this purpose on or before the last day of the fourth month after the end of the first full fiscal year following the purchase of the fine art.

      4.  A taxpayer who is required to pay a tax resulting from the operation of this section may receive a credit against the tax for any donations made by the taxpayer to the [State] Nevada Arts Council, the Division of Museums and History Dedicated Trust Fund established pursuant to NRS 381.0031, a museum that provides exhibits specifically related to nature or a museum that provides exhibits specifically related to children, if the taxpayer:

      (a) Made the donation before the date that either return required pursuant to subsection 3 is due; and

      (b) Provides to the Department documentation of the donation at the time that he files the return required pursuant to subsection 3.

      5.  For the purposes of this section:

      (a) “Direct costs of owning and exhibiting the fine art” does not include any allocation of the general and administrative expense of a business or organization that conducts activities in addition to the operation of the facility in which the fine art is displayed, including, without limitation, an allocation of the salary and benefits of a senior executive who is responsible for the oversight of the facility in which the fine art is displayed and who has substantial responsibilities related to the other activities of the business or organization.


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ê2003 Statutes of Nevada, Page 641 (Chapter 115, AB 224)ê

 

facility in which the fine art is displayed, including, without limitation, an allocation of the salary and benefits of a senior executive who is responsible for the oversight of the facility in which the fine art is displayed and who has substantial responsibilities related to the other activities of the business or organization.

      (b) “Net revenue” means the amount of the fees collected for exhibiting the fine art during the fiscal year less the following paid or made during the fiscal year:

             (1) The direct costs of owning and exhibiting the fine art; and

             (2) The cost of educational programs associated with the taxpayer’s public display of fine art, including the cost of meeting the requirements of subsubparagraph (IV) of subparagraph (1) of paragraph (a) of subsection 4 of NRS 374.291.

      Sec. 31.  NRS 378.008 is hereby amended to read as follows:

      378.008  1.  There is hereby created the Department of Cultural Affairs in which is vested the administration of the provisions of this title and chapter 233C of NRS.

      2.  The Department consists of a Director and the following:

      (a) The Division of State Library and Archives;

      (b) The Division of Museums and History;

      (c) The Office of Historic Preservation;

      (d) The Board of the Nevada Arts Council;

      (e) The [State] Nevada Arts Council;

      [(e)] (f) The Board of Museums and History;

      [(f)] (g) The State Council on Libraries and Literacy;

      [(g)] (h) The State Historical Records Advisory Board; and

      [(h)] (i) The Commission for Cultural Affairs.

      Sec. 32.  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] Nevada 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 governmental services taxes. The license plates are renewable upon the payment of $10.

      4.  In addition to all fees for the license, registration and 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.


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ê2003 Statutes of Nevada, Page 642 (Chapter 115, AB 224)ê

 

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. 33.  NRS 233C.080 is hereby repealed.

      Sec. 34.  This act becomes effective upon passage and approval.

________

 

CHAPTER 116, AB 246

Assembly Bill No. 246–Assemblymen Oceguera, Anderson, Conklin, Horne, Knecht, Angle, Arberry, Beers, Brown, Buckley, Chowning, Christensen, Claborn, Geddes, Gibbons, Giunchigliani, Goldwater, Griffin, Hettrick, Leslie, Mortenson, Perkins and Sherer

 

CHAPTER 116

 

AN ACT relating to education; establishing the Center for the Analysis of Crime Statistics at the University of Nevada, Las Vegas; providing that the Center may apply for grants and accepts gifts and donations, and may use such gifts, grants and donations to carry out its duties and functions; declaring the intent of the Legislature in creating the Center; and providing other matters properly relating thereto.

 

[Approved: May 19, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Center for the Analysis of Crime Statistics is hereby established within the Department of Criminal Justice at the University of Nevada, Las Vegas. The Center may:

      1.  Apply for any available grants and accept any gifts, grants or donations; and

      2.  Use any such gifts, grants or donations to aid the Center in carrying out its duties and functions.

      Sec. 2.  NRS 396.020 is hereby amended to read as follows:

      396.020  The legal and corporate name of the State University is the University of Nevada. The System of:

      1.  Universities;

      2.  Community colleges;


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ê2003 Statutes of Nevada, Page 643 (Chapter 116, AB 246)ê

 

      3.  Administrative services;

      4.  Research facilities, including [the] , without limitation:

      (a) The Desert Research Institute [and the] ;

      (b) The Ethics Institute; and

      (c) The Center for the Analysis of Crime Statistics, established within the Department of Criminal Justice at the University of Nevada, Las Vegas; and

      5.  Departments within the Public Service Division,

administered under the direction of the Board of Regents is hereby collectively known as the University and Community College System of Nevada. The System is comprised of such branches and facilities as the Board of Regents deems appropriate.

      Sec. 3.  The Legislature hereby finds and declares that in creating the Center for the Analysis of Crime Statistics within the Department of Criminal Justice at the University of Nevada, Las Vegas, pursuant to sections 1 and 2 of this act the intent of the Legislature is that:

      1.  The gifts, grants and donations that the Center is authorized to accept be used to finance the operational costs of the Center; and

      2.  The University and Community College System of Nevada not request general fund appropriations to support the operational costs of the Center.

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

________

 

CHAPTER 117, AB 256

Assembly Bill No. 256–Committee on Ways and Means

 

CHAPTER 117

 

AN ACT making a supplemental appropriation to the Consumer Affairs Division of the Department of Business and Industry for an unanticipated shortfall in money for Fiscal Year 2001-2002; and providing other matters properly relating thereto.

 

[Approved: May 19, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Consumer Affairs Division of the Department of Business and Industry the sum of $9,044 for an unanticipated shortfall in money for Fiscal Year 2001-2002 resulting from outstanding vendor billings. This appropriation is supplemental to that made by section 23 of chapter 570, Statutes of Nevada 2001, at page 2862.

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

________

 


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ê2003 Statutes of Nevada, Page 644ê

 

CHAPTER 118, AB 270

Assembly Bill No. 270–Assemblymen Goldwater, Parks, Andonov, Arberry, Atkinson, Brown, Buckley, Conklin, Griffin, Horne, Leslie and Oceguera

 

Joint Sponsors: Senators O’Connell and Carlton

 

CHAPTER 118

 

AN ACT relating to community redevelopment; expanding the criteria that the legislative body of a city or county must consider before consenting to any payment by a community redevelopment agency for the land for and the cost of construction of any building, facility, structure or other improvement and the installation of any improvement; and providing other matters properly relating thereto.

 

[Approved: May 19, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 279.486 is hereby amended to read as follows:

      279.486  1.  An agency may, with the consent of the legislative body, pay all or part of the value of the land for and the cost of the construction of any building, facility, structure or other improvement and the installation of any improvement which is publicly or privately owned and located within or without the redevelopment area. Before the legislative body may give its consent, it [shall] must determine that:

      (a) The buildings, facilities, structures or other improvements are of benefit to the redevelopment area or the immediate neighborhood in which the redevelopment area is located; and

      (b) No other reasonable means of financing those buildings, facilities, structures or other improvements are available.

Those determinations by the agency and the legislative body are final and conclusive.

      2.  In reaching its determination that the buildings, facilities, structures or other improvements are of benefit to the redevelopment area or the immediate neighborhood in which the redevelopment area is located, the legislative body shall consider:

      (a) Whether the buildings, facilities, structures or other improvements are likely to:

             (1) Encourage the creation of new business or other appropriate development;

             (2) Create jobs or other business opportunities for nearby residents;

             (3) Increase local revenues from desirable sources;

             (4) Increase levels of human activity in the redevelopment area or the immediate neighborhood in which the redevelopment area is located;

             (5) Possess attributes that are unique, either as to type of use or level of quality and design;

             (6) Require for their construction, installation or operation the use of qualified and trained labor; and


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ê2003 Statutes of Nevada, Page 645 (Chapter 118, AB 270)ê

 

             (7) Demonstrate greater social or financial benefits to the community than would a similar set of buildings, facilities, structures or other improvements not paid for by the agency.

      (b) The opinions of persons who reside in the redevelopment area or the immediate neighborhood in which the redevelopment area is located.

      (c) Comparisons between the level of spending proposed by the agency and projections, made on a pro forma basis by the agency, of future revenues attributable to the buildings, facilities, structures or other improvements.

      3.  If the value of that land or the cost of the construction of that building, facility, structure or other improvement, or the installation of any improvement has been, or will be, paid or provided for initially by the community or other governmental entity, the agency may enter into a contract with that community or governmental entity under which it agrees to reimburse the community or governmental entity for all or part of the value of that land or of the cost of the building, facility, structure or other improvement, or both, by periodic payments over a period of years. The obligation of the agency under that contract constitutes an indebtedness of the agency which may be payable out of taxes levied and allocated to the agency under paragraph (b) of subsection 1 of NRS 279.676, or out of any other available money.

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

________

 

CHAPTER 119, AB 318

Assembly Bill No. 318–Assemblymen Anderson, Parks, Leslie, Chowning, Christensen, Claborn, Collins, Conklin, Goicoechea, Goldwater, Grady, Gustavson, Horne, Knecht, Koivisto, Mabey, McClain, Mortenson, Oceguera, Perkins, Pierce, Sherer and Weber

 

CHAPTER 119

 

AN ACT relating to historical markers; directing the design, fabrication and installation of an historical marker at the gravesite of the first native-Nevadan who served as Governor of Nevada; authorizing the Administrator of the Office of Historic Preservation of the Department of Cultural Affairs to accept and expend gifts and donations for this purpose; and providing other matters properly relating thereto.

 

[Approved: May 19, 2003]

 

      Whereas, The Nevada Legislature finds that Emmet Derby Boyle:

      1.  Was born in Gold Hill, Nevada, on July 26, 1879;

      2.  Was the son of Edward D. Boyle, an Irish immigrant who later became a prominent Nevada State Senator;

      3.  Graduated from the University of Nevada with an engineering degree in 1899;

      4.  Was appointed to serve as State Engineer, later served as a member of the Nevada Tax Commission and thereafter established Nevada’s first formal state budget process;

      5.  Was first elected Governor of Nevada at the age of 35, the youngest person ever to be elected to Nevada’s highest public office;


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ê2003 Statutes of Nevada, Page 646 (Chapter 119, AB 318)ê

 

      6.  Was the first native-Nevadan to be elected to serve as Governor of Nevada and he served from 1915 to 1922;

      7.  Reconstructed the water laws of this state and revised the tax statutes during his tenure as Governor; and

      8.  Died at the early age of 46 from an unexpected illness on January 3, 1926, and was buried in Reno with a simple grave marker that bears no mention of his service as Governor of this state; and

      Whereas, The surviving family members of former Governor Boyle have expressed their written permission for the installation of an appropriate historical marker at his gravesite; and

      Whereas, Sufficient sources of private money have been identified to support this project of historic preservation; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The Administrator of the Office of Historic Preservation of the Department of Cultural Affairs shall design an appropriate historical marker for the gravesite of former Nevada Governor Emmet Derby Boyle which mentions, without limitation, his service from 1915-1922 as Governor of Nevada and the fact that he was the first native-Nevadan to serve in that public office.

      2.  The Administrator may accept gifts and donations to support the design, fabrication and installation of the historical marker designed pursuant to subsection 1. The Administrator is authorized to expend any money received pursuant to this subsection in support of this project. The Administrator shall not expend any public money for this purpose.

      3.  The Administrator shall not cause the installation of the historical marker until he is in possession of written evidence from the family members of former Governor Boyle of their permission to install the historical marker.

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

________

 


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ê2003 Statutes of Nevada, Page 647ê

 

CHAPTER 120, AB 349

Assembly Bill No. 349–Assemblymen Ohrenschall, Claborn and Buckley

 

CHAPTER 120

 

AN ACT relating to older persons; requiring the Board of Medical Examiners and the State Board of Nursing to encourage licensees who treat or care for persons who are more than 60 years of age to receive continuing education in geriatrics and gerontology; removing the limitation on the number of hearings that the Nevada Silver Haired Legislative Forum may hold; and providing other matters properly relating thereto.

 

[Approved: May 19, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 427A.380 is hereby amended to read as follows:

      427A.380  1.  The Nevada Silver Haired Legislative Forum may, within the limits of legislative appropriations and any gifts, grants or donations received by the Forum:

      [1.] (a) During the period in which the Legislature is not in a regular session, hold three public hearings in three different areas of this state and may hold [an additional public hearing] additional public hearings in any area of this state . [to prepare the report authorized by NRS 427A.390.

      2.  Comply]

      (b) During the period in which the Legislature is in a regular session, meet as often as necessary to conduct the business of the Forum.

      (c) Form committees, which may meet as often as necessary to conduct the business of the Forum.

      2.  The Nevada Silver Haired Legislative Forum and its committees shall comply with the provisions of chapter 241 of NRS.

      Sec. 2.  NRS 630.253 is hereby amended to read as follows:

      630.253  1.  The Board shall, as a prerequisite for the:

      [1.] (a) Renewal of a license as a physician assistant; or

      [2.] (b) Biennial registration of the holder of a license to practice medicine,

require each holder to comply with the requirements for continuing education adopted by the Board. These requirements may provide for the completion of one or more courses of instruction relating to risk management in the performance of medical services.

      2.  The Board shall encourage each holder of a license who treats or cares for persons who are more than 60 years of age to receive, as a portion of their continuing education, education in geriatrics and gerontology, including such topics as:

      (a) The skills and knowledge that the licensee needs to address aging issues;

      (b) Approaches to providing health care to older persons, including both didactic and clinical approaches;

      (c) The biological, behavioral, social and emotional aspects of the aging process; and


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ê2003 Statutes of Nevada, Page 648 (Chapter 120, AB 349)ê

 

      (d) The importance of maintenance of function and independence for older persons.

      Sec. 3.  NRS 632.343 is hereby amended to read as follows:

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

      (a) An accredited school of professional nursing;

      (b) An accredited school of practical nursing;

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

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

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

      3.  The Board shall encourage each licensee who treats or cares for persons who are more than 60 years of age to receive, as a portion of their continuing education, education in geriatrics and gerontology, including such topics as:

      (a) The skills and knowledge that the licensee needs to address aging issues;

      (b) Approaches to providing health care to older persons, including both didactic and clinical approaches;

      (c) The biological, behavioral, social and emotional aspects of the aging process; and

      (d) The importance of maintenance of function and independence for older persons.

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

________

 


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ê2003 Statutes of Nevada, Page 649ê

 

CHAPTER 121, AB 378

Assembly Bill No. 378–Assemblymen Leslie, Conklin, Koivisto, Ohrenschall, Atkinson, Buckley, McClain and McCleary

 

CHAPTER 121

 

AN ACT relating to protection of children; authorizing a licensing authority and an agency which provides child welfare services to conduct a preliminary Federal Bureau of Investigation Interstate Identification Index name-based check of the records of criminal history of certain persons for the placement of children in emergency situations; and providing other matters properly relating thereto.

 

[Approved: May 19, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 424 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A licensing authority or its approved designee may, in accordance with the procedures set forth in 28 C.F.R. §§ 901 et. seq., conduct a preliminary Federal Bureau of Investigation Interstate Identification Index name-based check of the records of criminal history of a resident who is 18 years of age or older of a foster home in which the licensing authority wishes to place a child in an emergency situation to determine whether the person investigated has been arrested for or convicted of any crime.

      2.  Upon request of a licensing authority that wishes to place a child in a foster home in an emergency situation, or upon request of the approved designee of the licensing authority, a resident who is 18 years of age or older of the foster home in which the licensing authority wishes to place the child must submit to the licensing authority or its approved designee a complete set of his fingerprints and written permission authorizing the licensing authority or its approved designee to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. The licensing authority or its approved designee shall forward the fingerprints to the Central Repository for Nevada Records of Criminal History within the time set forth in federal law or regulation.

      3.  If a resident who is 18 years of age or older of a foster home in which a licensing authority places a child in an emergency situation refuses to provide a complete set of fingerprints to the licensing authority or its approved designee upon request pursuant to subsection 2, the licensing authority must immediately remove the child from the foster home.

      Sec. 2.  Chapter 432B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An agency which provides child welfare services or its approved designee may, in accordance with the procedures set forth in 28 C.F.R. §§ 901 et. seq., conduct a preliminary Federal Bureau of Investigation Interstate Identification Index name-based check of the records of criminal history of a resident who is 18 years of age or older of a home in which the agency which provides child welfare services wishes to place a child in an emergency situation to determine whether the person investigated has been arrested for or convicted of any crime.


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ê2003 Statutes of Nevada, Page 650 (Chapter 121, AB 378)ê

 

agency which provides child welfare services wishes to place a child in an emergency situation to determine whether the person investigated has been arrested for or convicted of any crime.

      2.  Upon request of an agency which provides child welfare services that wishes to place a child in a home in an emergency situation, or upon request of the approved designee of the agency which provides child welfare services, a resident who is 18 years of age or older of the home in which the agency which provides child welfare services wishes to place the child must submit to the agency which provides child welfare services or its approved designee a complete set of his fingerprints and written permission authorizing the agency which provides child welfare services or its approved designee to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. The agency which provides child welfare services or its approved designee shall forward the fingerprints to the Central Repository for Nevada Records of Criminal History within the time set forth in federal law or regulation.

      3.  If a resident who is 18 years of age or older of a home in which an agency which provides child welfare services places a child in an emergency situation refuses to provide a complete set of fingerprints to the agency which provides child welfare services or its approved designee upon request pursuant to subsection 2, the agency which provides child welfare services must immediately remove the child from the home.

      Sec. 3.  NRS 432B.190 is hereby amended to read as follows:

      432B.190  The Division of Child and Family Services shall, in consultation with each agency which provides child welfare services, adopt:

      1.  Regulations establishing reasonable and uniform standards for:

      (a) Child welfare services provided in this state;

      (b) Programs for the prevention of abuse or neglect of a child and the achievement of the permanent placement of a child;

      (c) The development of local councils involving public and private organizations;

      (d) Reports of abuse or neglect, records of these reports and the response to these reports;

      (e) Carrying out the provisions of NRS 432B.260, including, without limitation, the qualifications of persons with whom agencies which provide child welfare services enter into agreements to provide services to children and families;

      (f) The management and assessment of reported cases of abuse or neglect;

      (g) The protection of the legal rights of parents and children;

      (h) Emergency shelter for a child;

      (i) The prevention, identification and correction of abuse or neglect of a child in residential institutions;

      (j) Evaluating the development and contents of a plan submitted for approval pursuant to NRS 432B.395;

      (k) Developing and distributing to persons who are responsible for a child’s welfare a pamphlet that sets forth the procedures for taking a child for placement in protective custody and the legal rights of persons who are parties to a proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, during all stages of the proceeding; and


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ê2003 Statutes of Nevada, Page 651 (Chapter 121, AB 378)ê

 

      (l) Making the necessary inquiries required pursuant to NRS 432B.397 to determine whether a child is an Indian child; and

      2.  Such other regulations as are necessary for the administration of NRS 432B.010 to 432B.606, inclusive [.] , and section 2 of this act.

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

________

 

CHAPTER 122, AB 403

Assembly Bill No. 403–Assemblymen Sherer, Knecht, Brown, Collins, Conklin, Hettrick and Marvel

 

CHAPTER 122

 

AN ACT relating to water; revising the circumstances that the State Engineer is required to consider in determining whether to grant or deny a request to extend the time necessary to work a forfeiture of certain water rights; and providing other matters properly relating thereto.

 

[Approved: May 19, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 534.090 is hereby amended to read as follows:

      534.090  1.  Except as otherwise provided in this section, failure for 5 successive years after April 15, 1967, on the part of the holder of any right, whether it is an adjudicated right, an unadjudicated right, or a permitted right, and further whether the right is initiated after or before March 25, 1939, to use beneficially all or any part of the underground water for the purpose for which the right is acquired or claimed, works a forfeiture of both undetermined rights and determined rights to the use of that water to the extent of the nonuse. For water rights in basins for which the State Engineer keeps pumping records, if the records of the State Engineer indicate at least 4 consecutive years, but less than 5 consecutive years, of nonuse of all or any part of such a water right which is governed by this chapter, the State Engineer shall notify the owner of the water right, as determined in the records of the Office of the State Engineer, by registered or certified mail that he has 1 year after the date of the notice in which to use the water right beneficially and to provide proof of such use to the State Engineer or apply for relief pursuant to subsection 2 to avoid forfeiting the water right. If, after 1 year after the date of the notice, proof of beneficial use is not sent to the State Engineer, the State Engineer shall, unless he has granted a request to extend the time necessary to work a forfeiture of the water right, declare the right forfeited within 30 days. Upon the forfeiture of a right to the use of ground water, the water reverts to the public and is available for further appropriation, subject to existing rights. If, upon notice by registered or certified mail to the owner of record whose right has been declared forfeited, the owner of record fails to appeal the ruling in the manner provided for in NRS 533.450, and within the time provided for therein, the forfeiture becomes final. The failure to receive a notice pursuant to this subsection does not nullify the forfeiture or extend the time necessary to work the forfeiture of a water right.


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ê2003 Statutes of Nevada, Page 652 (Chapter 122, AB 403)ê

 

      2.  The State Engineer may, upon the request of the holder of any right described in subsection 1, extend the time necessary to work a forfeiture under that subsection if the request is made before the expiration of the time necessary to work a forfeiture. The State Engineer may grant, upon request and for good cause shown, any number of extensions, but a single extension must not exceed 1 year. In determining whether to grant or deny a request, the State Engineer shall, among other reasons, consider:

      (a) Whether the holder has shown good cause for his failure to use all or any part of the water beneficially for the purpose for which his right is acquired or claimed;

      (b) The unavailability of water to put to a beneficial use which is beyond the control of the holder;

      (c) Any economic conditions or natural disasters which made the holder unable to put the water to that use; [and]

      (d) Any prolonged period in which precipitation in the basin where the water right is located is below the average for that basin or in which indices that measure soil moisture show that a deficit in soil moisture has occurred in that basin; and

      (e) Whether the holder has demonstrated efficient ways of using the water for agricultural purposes, such as center-pivot irrigation.

The State Engineer shall notify, by registered or certified mail, the owner of the water right, as determined in the records of the Office of the State Engineer, of whether he has granted or denied the holder’s request for an extension pursuant to this subsection.

      3.  If the failure to use the water pursuant to subsection 1 is because of the use of center-pivot irrigation before July 1, 1983, and such use could result in a forfeiture of a portion of a right, the State Engineer shall, by registered or certified mail, send to the owner of record a notice of intent to declare a forfeiture. The notice must provide that the owner has at least 1 year from the date of the notice to use the water beneficially or apply for additional relief pursuant to subsection 2 before forfeiture of his right is declared by the State Engineer.

      4.  A right to use underground water whether it is vested or otherwise may be lost by abandonment. If the State Engineer, in investigating a ground water source, upon which there has been a prior right, for the purpose of acting upon an application to appropriate water from the same source, is of the belief from his examination that an abandonment has taken place, he shall so state in his ruling approving the application. If, upon notice by registered or certified mail to the owner of record who had the prior right, the owner of record of the prior right fails to appeal the ruling in the manner provided for in NRS 533.450, and within the time provided for therein, the alleged abandonment declaration as set forth by the State Engineer becomes final.

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

________

 


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ê2003 Statutes of Nevada, Page 653ê

 

CHAPTER 123, AB 420

Assembly Bill No. 420–Assemblymen Weber, Knecht, Christensen, Grady, Hardy, Hettrick, McClain, Pierce and Williams

 

CHAPTER 123

 

AN ACT relating to secondhand dealers; requiring a county or city to require a person who engages in the business of a secondhand dealer to obtain a license as a secondhand dealer; authorizing a county or city to impose fines for certain violations committed by a secondhand dealer; prohibiting a secondhand dealer from removing or otherwise disposing of property in his possession which is involved in a criminal investigation under certain circumstances; authorizing a peace officer or investigator to obtain custody of such property under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 19, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 647 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A peace officer or investigator who is involved in the investigation or prosecution of criminal activity may place a written hold on any property in the possession of a secondhand dealer that is related or allegedly related to the criminal activity.

      2.  While a hold is placed on property pursuant to this section, the secondhand dealer shall not remove or dispose of the property to any person other than the peace officer or investigator who placed the hold on the property. A peace officer or investigator who placed a hold on property may obtain custody of the property from the secondhand dealer if the peace officer or investigator:

      (a) Has obtained written authorization from the prosecuting attorney which includes, without limitation, a description of the property and an acknowledgment of the secondhand dealer’s interest in the property; and

      (b) Provides a copy of the written authorization to the secondhand dealer.

      3.  Property received by a peace officer or investigator pursuant to this section may be disposed of only in the manner set forth in NRS 52.385 or 179.125 to 179.165, inclusive.

      4.  A peace officer or investigator who places a hold on property pursuant to this section shall notify the secondhand dealer in writing when the investigation or prosecution has concluded or when the hold is no longer necessary, whichever occurs sooner.

      Sec. 2.  NRS 647.018 is hereby amended to read as follows:

      647.018  1.  “Secondhand dealer” means any person engaged in whole or in part in the business of buying and selling metal junk, melted metals or secondhand personal property, other than used books, including, without limitation, antiques , coins and collectibles.


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ê2003 Statutes of Nevada, Page 654 (Chapter 123, AB 420)ê

 

      2.  The term does not include a person who engages in the business of buying or selling secondhand firearms or any antique parts, accessories or other equipment relating to those firearms if:

      (a) The person engages in that business at a show that:

             (1) Is held at:

                   (I) A convention facility which is owned or operated by and located on the premises of a resort hotel; or

                   (II) A recreational facility which is owned or operated by a county fair and recreation board; and

             (2) Is conducted for not more than 7 days during any 6-month period; and

      (b) The person has been issued a license as a manufacturer, importer, dealer or collector pursuant to the provisions of 18 U.S.C. § 923.

      Sec. 3.  NRS 647.120 is hereby amended to read as follows:

      647.120  1.  Except as otherwise provided in subsection 4, every secondhand dealer doing business in:

      (a) Any unincorporated town shall, before 12 m. of each day, [mail in duplicate] furnish to the sheriff of the county a full, true and correct transcript of the record of all transactions had on the preceding day. The transcript must be furnished by mail or by any other means, including, without limitation, by electronic or facsimile transmission, as directed by the sheriff.

      (b) Any incorporated city shall, before 12 m. of each day, furnish [, by mail or any other means, in duplicate] to the chief of police of the city, a full, true and correct transcript of the record of all transactions had on the preceding day. The transcript must be furnished by mail or by any other means, including, without limitation, by electronic or facsimile transmission, as directed by the chief of police.

      2.  Every transcript prepared pursuant to subsection 1 must include, but is not limited to:

      (a) The date and time of each transaction; and

      (b) The identity of the secondhand dealer or employee who conducted the transaction.

The person conducting the transaction shall legibly print or type his full name and write his signature on the transcript. Each transcript must include a certificate, signed by the person selling the property to the secondhand dealer, stating that he has the legal right to sell the property.

      3.  Every secondhand dealer doing business in an unincorporated town or in an incorporated city having good cause to believe that any property in his possession has been previously lost or stolen shall forthwith report that fact to the sheriff or chief of police, respectively, together with the name of the owner if known, and the date when and the name of the person from whom he received the property.

      4.  The provisions of subsection 1 do not apply to any transaction which involves buying, selling or trading used:

      (a) Books, periodicals or sound recordings;

      (b) Clothing; or

      (c) Coins which are not part of any jewelry.

      Sec. 4.  Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The board of county commissioners of each county shall, by ordinance, require each person who wishes to engage in the business of a secondhand dealer in an unincorporated area of the county to obtain a license issued by the board before he engages in the business of a secondhand dealer.


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ê2003 Statutes of Nevada, Page 655 (Chapter 123, AB 420)ê

 

secondhand dealer in an unincorporated area of the county to obtain a license issued by the board before he engages in the business of a secondhand dealer.

      2.  The ordinance must require the applicant to submit:

      (a) An application for a license to the board of county commissioners in a form prescribed by the board.

      (b) With his application a complete set of his fingerprints and written permission authorizing the board to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      3.  The board of county commissioners shall not issue a license pursuant to this section to an applicant who has been convicted of, or entered a plea of guilty or nolo contendere to, a felony involving moral turpitude or related to the qualifications, functions or duties of a secondhand dealer.

      4.  The board of county commissioners may:

      (a) Establish and collect a fee for the issuance or renewal of a license;

      (b) Establish and collect a fee to cover the costs of the investigation of an applicant, including a fee to process the fingerprints of the applicant;

      (c) Place conditions, limitations or restrictions upon the license;

      (d) Establish any other requirements necessary to carry out the provisions of this section; or

      (e) Enact an ordinance which covers the same or similar subject matter included in the provisions of NRS 647.140 and which provides that any person who violates any provision of that ordinance shall be punished:

             (1) For the first offense, by a fine of not more than $500.

             (2) For the second offense, by a fine of not more than $1,000.

             (3) For the third offense, by a fine of not more than $2,000 and by revocation of the license of the secondhand dealer.

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

      1.  The governing body of an incorporated city in this state, whether organized pursuant to general law or special charter shall, by ordinance, require each person who wishes to engage in the business of a secondhand dealer in the incorporated city to obtain a license issued by the governing body before he engages in the business of a secondhand dealer.

      2.  The ordinance must require the applicant to submit:

      (a) An application for a license to the governing body of the incorporated city in a form prescribed by the governing body.

      (b) With his application a complete set of his fingerprints and written permission authorizing the governing body of the incorporated city to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      3.  The governing body of the incorporated city shall not issue a license pursuant to this section to an applicant who has been convicted of, or entered a plea of guilty or nolo contendere to, a felony involving moral turpitude or related to the qualifications, functions or duties of a secondhand dealer.

      4.  The governing body of the incorporated city may:

      (a) Establish and collect a fee for the issuance or renewal of a license;


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ê2003 Statutes of Nevada, Page 656 (Chapter 123, AB 420)ê

 

      (b) Establish and collect a fee to cover the costs of the investigation of an applicant, including a fee to process the fingerprints of the applicant;

      (c) Place conditions, limitations or restrictions upon the license;

      (d) Establish any other requirements necessary to carry out the provisions of this section; or

      (e) Enact an ordinance which covers the same or similar subject matter included in the provisions of NRS 647.140 and which provides that any person who violates any provision of that ordinance shall be punished:

             (1) For the first offense, by a fine of not more than $500.

             (2) For the second offense, by a fine of not more than $1,000.

             (3) For the third offense, by a fine of not more than $2,000 and by revocation of the license of the secondhand dealer.

________

 

CHAPTER 124, AB 427

Assembly Bill No. 427–Assemblymen Hettrick, Knecht, Gibbons, Angle, Beers, Brown, Grady, Hardy, Mabey, Marvel, Sherer and Weber

 

CHAPTER 124

 

AN ACT relating to land use planning; prohibiting a governing body from requiring that an owner of land dedicate real property or an interest therein as a condition precedent to the issuance of a building permit; setting forth certain exceptions; restricting the circumstances pursuant to which a governing body may impose certain requirements pertaining to land use; and providing other matters properly relating thereto.

 

[Approved: May 19, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, a governing body shall not require an owner of land to dedicate real property or any interest in real property as a condition for the issuance of a building permit.

      2.  The provisions of subsection 1 do not prohibit:

      (a) A governing body from requiring, before the issuance of a building permit, that an owner of land comply with any applicable conditions of a discretionary approval, including, without limitation, a special use permit, that has been granted previously; or

      (b) The application of any requirements that a governing body imposes by ordinance with respect to a broad class of owners of land.

      Sec. 2.  NRS 278.010 is hereby amended to read as follows:

      278.010  As used in NRS 278.010 to 278.630, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0105 to 278.0195, inclusive, have the meanings ascribed to them in those sections.

      Sec. 3.  NRS 278.462 is hereby amended to read as follows:

      278.462  The governing body or, if authorized by the governing body, the planning commission or other authorized person:


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ê2003 Statutes of Nevada, Page 657 (Chapter 124, AB 427)ê

 

      1.  May require street grading, drainage provisions and lot designs as are reasonably necessary.

      2.  If it anticipates , based upon duly adopted ordinances and plans, that the parcels will be used for residential, commercial or industrial purposes, may require off-site access, street alignment, surfacing and width, water quality, water supply and sewerage provisions [as are reasonably] only as necessary and consistent with the existing use of any land zoned for similar use which is within 660 feet of the proposed parcel. If the proposed parcels are less than 1 acre, the governing body or, if authorized by the governing body, the planning commission or other authorized person may require additional improvements which are reasonably necessary and consistent with the use of the land if it is developed as proposed.

      3.  For a second or subsequent parcel map with respect to:

      (a) A single parcel; or

      (b) A contiguous tract of land under the same ownership,

may require any reasonable improvement, but not more than would be required if the parcel were a subdivision.

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

________

 

CHAPTER 125, AB 501

Assembly Bill No. 501–Committee on Health and Human Services

 

CHAPTER 125

 

AN ACT relating to public assistance; revising provisions governing meetings of the State Welfare Board; transferring certain duties relating to the State Program for Medicaid to the Department of Human Resources and the Director of the Department; revising provisions governing the program to provide temporary assistance for needy families; requiring the Welfare Division of the Department of Human Resources to adopt regulations establishing a schedule of penalties for failure to comply with the terms of a plan for personal responsibility; revising provisions governing the determination of eligibility of qualifying relatives in a program to assist relatives with legal guardianship of children; and providing other matters properly relating thereto.

 

[Approved: May 19, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 422.110 is hereby amended to read as follows:

      422.110  1.  The members of the Board shall meet at least twice each calendar year to consider any issues related to public assistance and other programs for which the Welfare Division is responsible that may be of importance to members of the general public, the Governor or the Welfare Division, at such places as the Board, the Chairman of the Board, the State Welfare Administrator or the Director deems appropriate.

      2.  Four members of the Board constitute a quorum, and a quorum may exercise all the power and authority conferred on the Board.


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ê2003 Statutes of Nevada, Page 658 (Chapter 125, AB 501)ê

 

      3.  The Board shall:

      (a) At least [45] 14 days before the date it holds a meeting, provide public notice of the date, time and location of the meeting, in addition to the notice required pursuant to NRS 241.020.

      (b) Keep minutes of all meetings of the Board, which must include records of testimony and written comments presented to the Board, and file the minutes with the Welfare Division. The minutes must be maintained as public records.

      Sec. 2.  NRS 422.215 is hereby amended to read as follows:

      422.215  1.  The State Welfare Administrator or his designated representative may administer oaths and take testimony thereunder and issue subpoenas requiring the attendance of witnesses before the Welfare Division at a designated time and place and the production of books, papers and records relative to [:

      (a) Eligibility] eligibility or continued eligibility for public assistance . [; and

      (b) Verification of treatment and payments to a provider of medical care, remedial care or other services pursuant to the State Plan for Medicaid.]

      2.  The Director or his designated representative may administer oaths and take testimony thereunder and issue subpoenas requiring the attendance of witnesses before the Department at a designated time and place and the production of books, papers and records relative to verification of treatment and payments to a provider of medical care, remedial care or other services pursuant to the State Plan for Medicaid.

      3.  If a witness fails to appear or refuses to give testimony or to produce books, papers and records as required by [the subpoena ,] a subpoena issued pursuant to this section, the district court of the county in which the investigation is being conducted may compel the attendance of the witness, the giving of testimony and the production of books, papers and records as required by the subpoena.

      Sec. 3.  NRS 422.222 is hereby amended to read as follows:

      422.222  The State Welfare Administrator may adopt such regulations as are necessary for the administration of NRS 422.160 to [422.2345,] 422.230, inclusive, 422.2931 to 422.2936, inclusive, and 422.310 to 422.3754, inclusive, and any program of the Welfare Division.

      Sec. 4.  NRS 422.230 is hereby amended to read as follows:

      422.230  The State Welfare Administrator shall:

      1.  Supply the Director with material on which to base proposed legislation.

      2.  Cooperate with the Federal Government and state governments for the more effective attainment of the purposes of this chapter.

      3.  Coordinate the activities of the Welfare Division with other agencies, both public and private, with related or similar activities.

      4.  Keep a complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.

      5.  Inform the public in regard to the activities and operation of the Welfare Division, and provide other information which will acquaint the public with problems relating to welfare.

      6.  Conduct studies into the causes of the social problems with which the Welfare Division is concerned.


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      7.  Provide leadership in the community in order that all welfare activities are pointed toward the single goal of improving the public welfare.

      8.  Invoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of the provisions of NRS 422.160 to [422.2345,] 422.230, inclusive, 422.2931 to 422.2936, inclusive, and 422.310 to 422.3754, inclusive.

      9.  Exercise any other powers that are necessary and proper for the standardization of state work, to expedite business, to ensure fair consideration of applications for aid, and to promote the efficiency of the service provided by the Welfare Division.

      Sec. 5.  NRS 422.2345 is hereby amended to read as follows:

      422.2345  1.  The [State Welfare Administrator] Director or his designated representative shall:

      (a) Promptly comply with a request from the Unit for access to and free copies of any records or other information in the possession of the [Welfare Division] Department regarding a provider; and

      (b) Refer to the Unit all cases in which he suspects that a provider has committed an offense pursuant to NRS 422.540 to 422.570, inclusive.

      2.  As used in this section:

      (a) “Provider” means a person who has applied to participate or who participates in the State Plan for Medicaid as the provider of goods or services.

      (b) “Unit” means the Medicaid Fraud Control Unit established in the Office of the Attorney General pursuant to NRS 228.410.

      Sec. 6.  NRS 422.287 is hereby amended to read as follows:

      422.287  1.  As part of the health and welfare programs of this state, the [Welfare Division or the] Division of Health Care Financing and Policy or any other division designated by the Director may provide prenatal care to pregnant women who are indigent, or may contract for the provision of that care, at public or nonprofit hospitals in this state.

      2.  The [Welfare Division or the] Division of Health Care Financing and Policy or any other division designated by the Director shall provide to each person licensed to engage in social work pursuant to chapter 641B of NRS, each applicant for Medicaid and any other interested person, information concerning the prenatal care available pursuant to this section.

      3.  The [Welfare Division or the] Division of Health Care Financing and Policy or any other division designated by the Department shall adopt regulations setting forth criteria of eligibility and rates of payment for prenatal care provided pursuant to the provisions of this section, and such other provisions relating to the development and administration of the Program for Prenatal Care as the [State Welfare Administrator] Director or the Administrator of the Division of Health Care Financing and Policy, as applicable, deems necessary.

      Sec. 7.  NRS 422.2931 is hereby amended to read as follows:

      422.2931  The State Welfare Administrator and the Welfare Division shall administer the provisions of NRS 422.160 to [422.2345,] 422.230, inclusive, 422.2931 to 422.2936, inclusive, and 422.310 to 422.3754, inclusive, subject to administrative supervision by the Director.

      Sec. 8.  NRS 422.29314 is hereby amended to read as follows:

      422.29314  1.  The [Welfare Division] Department shall provide public assistance pursuant to:


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      (a) The program established to provide Temporary Assistance for Needy Families;

      (b) Medicaid; or

      (c) Any program for which a grant has been provided to this state pursuant to 42 U.S.C. §§ 1397 et seq.,

to a qualified alien who complies with the requirements established by the [Welfare Division] Department pursuant to federal law and this chapter for the receipt of benefits pursuant to that program.

      2.  As used in this section, “qualified alien” has the meaning ascribed to it in 8 U.S.C. § 1641.

      Sec. 9.  (Deleted by amendment.)

      Sec. 10.  NRS 422.2932 is hereby amended to read as follows:

      422.2932  1.  Except as otherwise provided in subsection 3, as a condition to the receipt of public assistance, a recipient must:

      (a) Ensure that each dependent child for whom the recipient is receiving assistance has received the standard immunizations established for children by the regulations adopted pursuant to NRS 439.550.

      (b) Within 6 months after the determination of his eligibility for public assistance, submit to the Welfare Division, in the manner specified in NRS 432A.230 and 432A.260 for admission to a child care facility, proof that each dependent child for whom the recipient is receiving assistance has received those standard immunizations.

      2.  The Welfare Division shall advise each recipient of the availability of those standard immunizations through clinics for the immunization of children held pursuant to NRS 439.535.

      3.  The Welfare Division shall waive the requirements of subsection 1 if the failure to immunize a dependent child is because of a religious belief or medical condition and the recipient submits to the Welfare Division a written statement of that fact in the manner specified in NRS 432A.240 or 432A.250 for admission to a child care facility.

      4.  A head of a household that is receiving benefits pursuant to the program to provide Temporary Assistance for Needy Families who does not comply with the requirements of this section:

      (a) Shall be deemed to have failed to comply with the terms of the plan for personal responsibility signed by the head of the household pursuant to NRS 422.3724; and

      (b) Is subject to the penalties prescribed [in] by the Welfare Division pursuant to NRS 422.3736 for failing to comply with the terms of that plan.

      Secs. 11-14.  (Deleted by amendment.)

      Sec. 15.  NRS 422.362 is hereby amended to read as follows:

      422.362  “Cardholder” means the person named on the face of a Medicaid card to whom or for whose benefit the Medicaid card is issued by the [Welfare Division.] Department.

      Sec. 16.  NRS 422.363 is hereby amended to read as follows:

      422.363  “Medicaid card” means any instrument or device evidencing eligibility for receipt of Medicaid benefits that is issued by the [Welfare Division] Department for the use of a cardholder in obtaining the types of medical and remedial care for which assistance may be provided under the Plan.

      Sec. 17.  NRS 422.366 is hereby amended to read as follows:

      422.366  1.  A person who:


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      (a) Steals, takes or removes a Medicaid card from the person, possession, custody or control of another without the cardholder’s consent; or

      (b) With knowledge that a Medicaid card has been so taken, removed or stolen, receives the Medicaid card with the intent to circulate, use or sell it or to transfer it to a person other than the [Welfare Division] Department or the cardholder,

is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  A person who possesses a Medicaid card without the consent of the cardholder and with the intent to circulate, use, sell or transfer the Medicaid card with the intent to defraud is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      3.  A person who has in his possession or under his control two or more Medicaid cards issued in the name of another person is presumed to have obtained and to possess the Medicaid cards with the knowledge that they have been stolen and with the intent to circulate, use, sell or transfer them with the intent to defraud. The presumption established by this subsection may be rebutted by clear and convincing evidence. The presumption does not apply to the possession of two or more Medicaid cards if the possession is with the consent of the [Welfare Division.] Department.

      Sec. 18.  NRS 422.3722 is hereby amended to read as follows:

      422.3722  1.  The Welfare Division shall [not provide benefits to an applicant therefor until it makes] make an assessment of the skills, prior work experience and employability of each member of the applicant’s household.

      2.  The assessment required pursuant to subsection 1 must include [a determination] an evaluation of whether the members of the household [require] need additional services, including, without limitation, job training, child care, treatment for the abuse of alcohol or drugs, mental health services or any other services . [deemed necessary by the Welfare Division.]

      3.  The applicant must, as a condition to the receipt of those benefits, cooperate with the Welfare Division in making the assessment required pursuant to subsection 1.

      4.  If the assessment required pursuant to subsection 1 indicates that a member of the household may require mental health services, the Welfare Division shall refer that member of the household to a person professionally qualified in the field of psychiatric mental health.

      5.  As used in this section, “person professionally qualified in the field of psychiatric mental health” has the meaning ascribed to it in NRS 433.209.

      Sec. 19.  NRS 422.3724 is hereby amended to read as follows:

      422.3724  1.  The Welfare Division shall, with the participation of the head of a household who is applying for benefits, establish a written plan for personal responsibility for the household. The plan for personal responsibility must be based on the assessment made pursuant to NRS 422.3722 [.] and 42 U.S.C. § 608.

      2.  In addition to the requirements set forth in 42 U.S.C. § 608, the plan required pursuant to subsection 1 must:

      (a) Identify the role of each member of the household and his obligations pursuant to the plan;


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      (b) Be signed by the head of the household within 60 days after he is determined to be eligible for benefits; and

      (c) Specify a date, not later than 24 months after the date the plan becomes effective, upon which the plan will expire.

      3.  The Welfare Division shall periodically review the plan required pursuant to subsection 1 [not less than once every 6 months] to determine whether the needs of the household have changed. The Welfare Division may, with the participation of the head of the household, amend the plan as it deems appropriate.

      4.  If a member of the household is an unmarried parent who is less than 18 years of age, the plan required pursuant to subsection 1 must include a provision which:

      (a) Requires the head of the household to ensure that the unmarried parent attends training to learn the skills necessary to care for the child; and

      (b) Encourages the head of the household to ensure that the unmarried parent participates in a program which provides mentors for unmarried parents who are less than 18 years of age.

      Sec. 20.  NRS 422.3732 is hereby amended to read as follows:

      422.3732  1.  Subject to the provisions of 42 U.S.C. § 607(e), the Welfare Division shall require each head of a household who is not suffering from a hardship described in subsection 7 of NRS 422.374 to perform work:

      (a) Within a reasonable time after the Welfare Division determines that the head of the household is capable of finding and performing work; or

      (b) Not later than the date on which the head of the household has received benefits for 24 months, regardless of whether those months are consecutive or cumulative,

whichever occurs earlier.

      2.  A head of a household who does not comply with the requirements of this section:

      (a) Shall be deemed to have failed to comply with the terms of the plan for personal responsibility signed by him pursuant to NRS 422.3724; and

      (b) Is subject to the penalties prescribed [in] by the Welfare Division pursuant to NRS 422.3736 for the failure to comply with the terms of that plan.

      3.  The State Welfare Administrator shall adopt regulations setting forth the activities that will constitute work for the purposes of this section.

      Sec. 21.  NRS 422.3734 is hereby amended to read as follows:

      422.3734  1.  [If] Except as otherwise provided in this section, if the plan for personal responsibility signed by the head of a household pursuant to NRS 422.3724 includes a requirement that the head of the household complete a program of job training, the Welfare Division may exempt the head of the household from that requirement upon determining that:

      (a) The head of the household:

             (1) Is ill or physically incapacitated;

             (2) Must care for an ill or incapacitated member of his household;

             (3) Is receiving payments or is awaiting approval for the receipt of payments pursuant to the Supplemental Security Income Program;

             (4) Is a single custodial parent of a child who is less than 1 year of age;

             (5) Is not a recipient of benefits but receives benefits on behalf of a member of his household who is a dependent;

             (6) Is a person who is:


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                   (I) Sixty years of age or older;

                   (II) The caretaker of a child; and

                   (III) A relative, other than a parent, of that child; or

             (7) Is pregnant and has been deemed unable to work by her physician; or

      (b) Any other good cause exists to exempt the head of the household from the requirement to complete the program of job training.

      2.  A head of a household may not claim the exemption prescribed in subparagraph (4) of paragraph (a) of subsection 1 for more than 12 months during his lifetime, regardless of whether those months are consecutive or cumulative.

      3.  The Welfare Division shall not exempt a head of a household pursuant to this section if the exemption would violate a requirement of federal law or a condition to the receipt of federal money.

      Sec. 22.  NRS 422.3736 is hereby amended to read as follows:

      422.3736  1.  Except as otherwise provided in this section:

      (a) If the Welfare Division determines that the head of a household has not complied with the terms of the plan for personal responsibility signed by the head of the household pursuant to NRS 422.3724 or the agreement of cooperation signed by the head of the household pursuant to NRS 422.3726, the Welfare Division shall notify him that if his failure to comply does not cease within 30 days after he is notified of the failure to comply, the benefits provided to his household will be reduced pursuant to paragraph (b).

      (b) The Welfare Division shall [:

             (1) If the failure to comply has not ceased within the period prescribed in paragraph (a), reduce for 1 month the total amount of the benefits provided to the household by one-third or by an amount equal to the total amount of the benefits provided to the household divided by the number of members of the household, whichever is greater;

             (2) If the failure to comply has not ceased by the end of the period of reduction required by subparagraph (1), reduce for 1 month the total amount of benefits provided to the household by two-thirds or by an amount equal to the total amount of the benefits provided to the household divided by the number of members of the household, whichever is greater; and

             (3) If the failure to comply has not ceased by the end of the period of reduction required by subparagraph (2), discontinue providing benefits to the household for 3 months or until the failure to comply ceases, whichever occurs last.

      (c) If the Welfare Division resumes providing benefits to a household whose benefits were discontinued pursuant to subparagraph (3) of paragraph (b), and the Welfare Division later determines that the head of the household has again failed to comply with the terms of the plan for personal responsibility or the agreement of cooperation, the Welfare Division shall:

             (1) Reduce for 1 month the total amount of the benefits provided to the household by one-third or by an amount equal to the total amount of the benefits provided to the household divided by the number of members of the household, whichever is greater;

             (2) If the failure to comply has not ceased by the end of the period of reduction required by subparagraph (1), reduce for 1 month the total amount of benefits provided to the household by two-thirds or by an amount equal to the total amount of the benefits provided to the household divided by the number of members of the household, whichever is greater; and


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             (3) If the failure to comply has not ceased by the end of the period of reduction required by subparagraph (2), discontinue providing benefits to the household for 6 months or until the failure to comply ceases, whichever occurs last.

      (d) If the Welfare Division resumes providing benefits to a household whose benefits were discontinued pursuant to subparagraph (3) of paragraph (c), and the Welfare Division later determines that the head of the household has again failed to comply with the terms of the plan for personal responsibility or the agreement of cooperation, the Welfare Division shall:

             (1) Reduce for 1 month the total amount of the benefits provided to the household by one-half; and

             (2) If the failure to comply has not ceased by the end of the period of reduction required by subparagraph (1), permanently terminate the household’s benefits.] adopt regulations establishing a schedule of progressive penalties pursuant to which the benefits to the household will be reduced or terminated because of the failure of the head of the household to comply with the terms of the plan.

      2.  The Welfare Division shall not reduce, discontinue or terminate any benefits pursuant to this section if the reduction, discontinuance or termination would violate a requirement of federal law or a condition to the receipt of federal money.

      Sec. 23.  NRS 422.392 is hereby amended to read as follows:

      422.392  1.  The Department, through a division of the Department designated by the Director, shall establish and administer a program to provide supportive assistance to qualifying relatives of children who provide care for and obtain the legal guardianship of those children.

      2.  As a condition to the provision of any supportive assistance pursuant to this section:

      (a) The child must:

             (1) Have been placed in the care of his qualifying relative for not less than 6 months; and

             (2) If he is 14 years of age or older, consent to the legal guardianship; and

      (b) The qualifying relative must:

             (1) Reside in this state;

             (2) Have attained such a minimum age as the Department specifies by regulation;

             (3) Verify his relationship to the child; and

             (4) File for and obtain court approval of the legal guardianship and comply with any requirements imposed by the court . [; and

      (c) The Department must determine that the personal and criminal history of the qualifying relative is satisfactory.]

      3.  The supportive assistance provided pursuant to this section must include, within the limitations of available funding:

      (a) Reimbursement of all or a portion of the legal fees incurred by the qualifying relative to establish the legal guardianship;

      (b) Payments of not more than the amount that the Department would provide to a foster parent if the child had been placed in foster care;

      (c) Assistance with:

             (1) Child care;

             (2) Respite care; and

             (3) Transportation; and


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      (d) Any other assistance the Department deems appropriate.

      4.  The Department shall adopt such regulations as are necessary to carry out the provisions of this section.

      5.  As used in this section, unless the context otherwise requires, “qualifying relative” means a person specified in 45 C.F.R. § 233.90(c)(1)(v)(A).

      Secs. 24-28.  (Deleted by amendment.)

      Sec. 29.  NRS 228.410 is hereby amended to read as follows:

      228.410  1.  The Attorney General has primary jurisdiction to investigate and prosecute violations of NRS 422.540 to 422.570, inclusive, and any fraud in the administration of the Plan or in the provision of medical assistance pursuant to the Plan. The provisions of this section notwithstanding, the [Welfare Division] Department of Human Resources and the Division of Health Care Financing and Policy of the Department of Human Resources shall enforce the Plan and any regulations adopted pursuant thereto.

      2.  For this purpose, the Attorney General shall establish within his office the Medicaid Fraud Control Unit. The Unit must consist of a group of qualified persons, including, without limitation, an attorney, an auditor and an investigator who, to the extent practicable, have expertise in nursing, medicine and the administration of medical facilities.

      3.  The Attorney General, acting through the Medicaid Fraud Control Unit:

      (a) Is the single state agency responsible for the investigation and prosecution of violations of NRS 422.540 to 422.570, inclusive;

      (b) Shall review reports of abuse or criminal neglect of patients in medical facilities which receive payments under the Plan and, when appropriate, investigate and prosecute the persons responsible;

      (c) May review and investigate reports of misappropriation of money from the personal resources of patients in medical facilities that receive payments under the Plan and, when appropriate, shall prosecute the persons responsible;

      (d) Shall cooperate with federal investigators and prosecutors in coordinating state and federal investigations and prosecutions involving fraud in the provision or administration of medical assistance pursuant to the Plan, and provide those federal officers with any information in his possession regarding such an investigation or prosecution; and

      (e) Shall protect the privacy of patients and establish procedures to prevent the misuse of information obtained in carrying out the provisions of this section.

      4.  When acting pursuant to NRS 228.175 or this section, the Attorney General may commence his investigation and file a criminal action without leave of court, and he has exclusive charge of the conduct of the prosecution.

      5.  As used in this section:

      (a) “Medical facility” has the meaning ascribed to it in NRS 449.0151.

      (b) “Plan” means the State Plan for Medicaid established pursuant to NRS 422.271.

      Sec. 30.  NRS 422.391 and 422.393 are hereby repealed.

      Sec. 31.  A Medicaid card issued by the Welfare Division of the Department of Human Resources before October 1, 2003, shall be deemed to have been issued by the Department of Human Resources.

      Sec. 32.  (Deleted by amendment.)


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      Sec. 33.  This act becomes effective upon passage and approval for the purpose of adopting regulations and on October 1, 2003, for all other purposes.

________

 

CHAPTER 126, AB 71

Assembly Bill No. 71–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 126

 

AN ACT relating to the Division of Wildlife of the State Department of Conservation and Natural Resources; authorizing the Division to charge a fee for advertising in printed materials prepared by the Division and for advertising on a website on the Internet that is maintained by the Division; and providing other matters properly relating thereto.

 

[Approved: May 20, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 501 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Division may charge fees for advertising:

      (a) In printed materials prepared by the Division; and

      (b) On a website on the Internet or its successor that is maintained by the Division.

      2.  Any money collected by the Division pursuant to subsection 1 must be:

      (a) Deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund; and

      (b) Used to pay the expenses of the Division including, without limitation, expenses incurred in the development, production and distribution of:

             (1) Printed materials prepared by the Division;

             (2) Materials used by the Division on the website maintained by the Division; and

             (3) Any informational and educational materials provided by the Division for the purposes described in subsection 1 of NRS 501.343.

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

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