LAWS OF THE STATE OF NEVADA

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ê2005 Statutes of Nevada, Page 1ê

 

 

LAWS OF THE STATE

OF NEVADA

 

Passed at the

SEVENTY-THIRD SESSION OF THE LEGISLATURE

2005

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CHAPTER 1, SB 1

Senate Bill No. 1–Senators Raggio and Titus

 

CHAPTER 1

 

AN ACT making an appropriation to the Legislative Fund for the costs of the 73rd Legislative Session; and providing other matters properly relating thereto.

 

[Approved: February 9, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Legislative Fund created by NRS 218.085 the sum of $10,000,000.

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

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CHAPTER 2, SB 40

Senate Bill No. 40–Committee on Legislative Operations and Elections

 

CHAPTER 2

 

AN ACT relating to the legislative process; removing the provisions that require the printing of one copy of bills and resolutions on special paper; and providing other matters properly relating thereto.

 

[Approved: March 3, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 218.300 is hereby amended to read as follows:

      218.300  [The Superintendent of the State Printing Division of the Department of Administration shall, immediately after receipt of the copy of any bill or resolution, print, in addition to the regular authorized number, one copy thereof upon heavy buff paper,]

      1.  Upon receipt of the printed copies of each bill and resolution, the Legislative Counsel shall cause one copy to be designated as the original and bound in a cover, which copy must be delivered to the Secretary of the Senate or to the Chief Clerk of the Assembly. The Legislative Counsel shall determine an appropriate method for designating the original bills and resolutions to ensure that the authenticity of the original is preserved and shall notify the Secretary of the Senate, the Chief Clerk of the Assembly and the Secretary of State of the method selected.

 


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determine an appropriate method for designating the original bills and resolutions to ensure that the authenticity of the original is preserved and shall notify the Secretary of the Senate, the Chief Clerk of the Assembly and the Secretary of State of the method selected.

      2.  Before the third reading and final passage of the bill or resolution, the Legislative Counsel shall carefully compare the printed or reprinted copy of the bill or resolution with the duplicate copy thereof and the original amendments as adopted by the house [,] and, if the printed or reprinted copy is found to be in all respects correct, the Legislative Counsel shall [then] certify to the correctness of the bound copy and shall deliver the same to the Secretary of the Senate or to the Chief Clerk of the Assembly , as the case may be, whereupon the bound copy , [printed upon buff paper,] so compared and certified, is ready for third reading and final passage.

      Sec. 2.  NRS 218.320 is hereby amended to read as follows:

      218.320  All bills amended by either house shall be immediately reprinted. New matter shall be indicated by underscoring in the typewritten or other machine-produced copy and italics in the printed copy. Matter to be omitted shall be indicated by brackets in the typewritten or other machine-produced copy and brackets or strike out type in the printed copy. When a bill is amended in either house, the first or previous markings shall be omitted. However, in the cases of bills over 32 pages in length, amendments to the titles and preambles of bills, amendments to correct typographical errors, and other amendments which do not change the meaning, intent or significance of a bill, the reprinting of the bill may be dispensed with on motion carried by a two-thirds majority of the members present. If the reprinting is so dispensed with, the amendments may be inserted by hand in the [buff copy of the] printed bill, but the authenticity of each amendment shall be established by endorsement, such endorsement to consist of initials signed on the margin near each amendment by the Secretary of the Senate or by the Chief Clerk of the Assembly , as the case may be.

      Sec. 3.  NRS 218.330 is hereby amended to read as follows:

      218.330  Whenever a bill or resolution which shall have been passed in one house shall be amended in the other, it shall immediately be reprinted as amended by the house making such amendment or amendments. Such amendment or amendments shall be attached to the bill or resolution so amended [,] and endorsed “adopted” and such amendment or amendments, if concurred in by the house in which such bill or resolution originated, shall be endorsed “concurred in” and such endorsement shall be signed by the Secretary of the Senate or by the Chief Clerk of the Assembly , as the case may be. However, in the cases of bills over 32 pages in length, amendments to the titles and preambles of bills, amendments to correct typographical errors, and other amendments which do not change the meaning, intent or significance of a bill, the reprinting of the bill may be dispensed with on motion carried by a two-thirds majority of the members present, but such amendment must be concurred in by the house in which such bill originated. If the reprinting is so dispensed with, the amendments may be inserted by hand in the [buff copy of the] printed bill, but the authenticity of each amendment shall be established by endorsement, such endorsement to consist of initials signed on the margin near each amendment by the Secretary of the Senate or by the Chief Clerk of the Assembly , as the case may be.

 


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      Sec. 4.  NRS 218.350 is hereby amended to read as follows:

      218.350  1.  The Legislative Counsel shall transmit copies of passed bills or resolutions without delay, in the order of their receipt, to the Superintendent of the State Printing Division of the Department of Administration, taking his receipt therefor. The receipt must bear the date of delivery and give the bill or resolution number.

      2.  The Superintendent shall without delay enroll (print) the bills or resolutions in the order of their receipt by him, and they must be printed in enrolled form, retaining symbols indicating amendments to existing law only. In printing enrolled bills amending existing law, the Superintendent, in cooperation with the Legislative Counsel, shall cause to be printed between brackets the words, phrases or provisions of the existing law, if any, which have been stricken out or eliminated by the adoption of the amendment, and shall cause to be printed in italics all new words, phrases or provisions, if any, which have been inserted into or added to the law by the passage of such amendment.

      3.  In ascertaining the correct reading, status and interpretation of an enrolled bill amending existing law, the matter inserted within brackets must be omitted, and the matter in italics must be read and interpreted as part of the enrolled bill.

      4.  [At least one enrolled copy, with proper blanks for the signatures of the officers whose duty it is to sign enrolled bills and resolutions, must be printed on bond paper, and the Superintendent shall deliver the enrolled copy of the bill or resolution to the Legislative Counsel.] The Legislative Counsel shall [then] carefully compare the enrolled copy with the official engrossed copy, and if the enrolled copy is found to be correct , the Legislative Counsel shall present it to the proper officers for their signatures. When the officers sign their names thereon, as required by law, it is enrolled. The official engrossed copy may by resolution be used as the enrolled bill.

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

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CHAPTER 3, AB 17

Assembly Bill No. 17–Committee on Judiciary

 

CHAPTER 3

 

AN ACT relating to attorneys; repealing the requirement that an attorney, other than a public defender or deputy public defender, appointed to represent an indigent defendant report to the State Public Defender concerning such representation; and providing other matters properly relating thereto.

 

[Approved: March 11, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 180.070 is hereby repealed.

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

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CHAPTER 4, SB 49

Senate Bill No. 49–Senator Hardy

 

CHAPTER 4

 

AN ACT relating to motor vehicles; increasing the period during which a temporary permit for a short-term lessor to operate certain unregistered vehicles remains valid; and providing other matters properly relating thereto.

 

[Approved: March 21, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.3965 is hereby amended to read as follows:

      482.3965  1.  A short-term lessor may apply to the Department for a temporary permit to operate a vehicle which:

      (a) Is not subject to the provisions of NRS 482.390, 482.395 and 706.801 to 706.861, inclusive; and

      (b) Is not currently registered in this State, another state or a foreign country.

      2.  The Department may, by regulation, establish a reasonable fee for such a permit. When a short-term lessor who has received a temporary permit issued pursuant to this section applies to register the vehicle, the Department shall credit against the amount otherwise due the amount paid by the short-term lessor for the temporary permit.

      3.  A permit must:

      (a) Bear the date of its expiration in numerals of sufficient size to be plainly readable from a reasonable distance during daylight;

      (b) Expire at 5 p.m. on the [20th] 30th day after its date of issuance;

      (c) Be affixed to the vehicle in the manner prescribed by the Department; and

      (d) Be removed and destroyed upon its expiration or the issuance of a certificate of registration for the vehicle, whichever occurs first.

      Sec. 2.  This act becomes effective on July 1, 2005.

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CHAPTER 5, AB 29

Assembly Bill No. 29–Committee on Government Affairs

 

CHAPTER 5

 

AN ACT relating to the Department of Administration; removing from the jurisdiction of the Buildings and Grounds Division of the Department the buildings, grounds and other properties owned or leased by certain boards; removing the duty of the Division to provide services to such boards; and providing other matters properly relating thereto.

 

[Approved: March 21, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 331.070 is hereby amended to read as follows:

      331.070  1.  The Chief shall have supervision over and control of all state buildings, grounds [,] and properties not otherwise provided for by law [.

      2.  He] except for any buildings, grounds or other properties owned or leased by boards that are exempt from the provisions of chapter 353 of NRS pursuant to NRS 353.005.

      2.  The Chief shall direct the making of all repairs and improvements on the buildings [and grounds mentioned in] , grounds and properties over which the Chief has supervision and control pursuant to subsection 1.

      3.  All officers, departments, boards, commissions and agencies shall make requisition upon [him] the Chief for any repairs or improvements necessary in buildings or parts thereof over which the Chief has supervision and control that are owned by or leased to the State and occupied by such officers, departments, boards, commissions or agencies.

      Sec. 2.  NRS 331.110 is hereby amended to read as follows:

      331.110  [The]

      1.  Except as otherwise provided in subsection 2, the Chief may lease and equip office rooms outside of state buildings for the use of state officers and employees, whenever sufficient space for the officers and employees cannot be provided within state buildings, but no such lease may extend beyond the term of 1 year unless it is reviewed and approved by a majority of the members of the State Board of Examiners. The Attorney General shall approve each lease entered into pursuant to this [section] subsection as to form and compliance with law.

      2.  The provisions of subsection 1 do not apply to state officers and employees of boards that are exempt from the provisions of chapter 353 of NRS pursuant to NRS 353.005.

      Sec. 3.  NRS 331.120 is hereby amended to read as follows:

      331.120  1.  Except as otherwise provided in NRS 331.130 and 331.135, the Chief shall assign the rooms in the Capitol Building, and rooms elsewhere used by the State, and shall determine the occupancy thereof in such manner as the public service may require.

      2.  The executive and administrative officers, departments, boards, commissions and agencies of the State must be provided with suitable quarters which must, so far as is expedient, be in Carson City. As used in this subsection, “boards” does not include boards that are exempt from the provisions of chapter 353 of NRS pursuant to NRS 353.005.

 


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this subsection, “boards” does not include boards that are exempt from the provisions of chapter 353 of NRS pursuant to NRS 353.005.

      3.  The Chief shall provide suitable office space for the use of the Governor-Elect [,] and expend money for incidental expenses connected therewith. The provisions of this subsection do not apply if the incumbent Governor is elected to succeed himself.

      4.  The Chief may provide suitable space in the Capitol Building for the permanent use of accredited members of the press and for the installation of communication equipment.

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

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CHAPTER 6, AB 61

Assembly Bill No. 61–Committee on Transportation

 

CHAPTER 6

 

AN ACT relating to taxes; exempting from the imposition of the governmental services tax vehicles owned by the governing body of an Indian reservation or Indian colony under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: March 22, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 371.100 is hereby amended to read as follows:

      371.100  1.  The governmental services tax imposed by this chapter does not apply to [vehicles] :

      (a) Vehicles owned by the United States, the State of Nevada, any political subdivision of the State of Nevada, or any county, municipal corporation, city, unincorporated town or school district in the State of Nevada [, or to vehicles] ;

      (b) Except for vehicles used for commercial purposes, vehicles owned by the governing body of an Indian reservation or Indian colony in this State if:

             (1) The Indian tribe of the reservation or colony is recognized by federal law; and

             (2) The governing body is located on the reservation or colony;

      (c) Vehicles for whose operation money is provided by the State or Federal Government and which are operated solely for the transportation of or furnishing services to elderly or handicapped persons [, or to the emergency] ; or

      (d) Emergency vehicles owned by any volunteer fire department or volunteer ambulance service based in this State.

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

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

 


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taxation in the same amount and to the same extent as though the lessee or user were the owner of such vehicle.

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

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

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

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

Ê are exempted from the governmental services tax imposed by this chapter.

      Sec. 2.  This act becomes effective on July 1, 2005.

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CHAPTER 7, SB 38

Senate Bill No. 38–Senator Rhoads

 

CHAPTER 7

 

AN ACT relating to taxation; revising retroactively the formula for the distribution of certain revenues among local governments; and providing other matters properly relating thereto.

 

[Approved: March 22, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 360.680 is hereby amended to read as follows:

      360.680  1.  On or before July 1 of each year, the Executive Director shall allocate to each enterprise district an amount equal to the amount that the enterprise district received from the Account in the immediately preceding fiscal year.

      2.  Except as otherwise provided in NRS 360.690 and 360.730, the Executive Director, after subtracting the amount allocated to each enterprise district pursuant to subsection 1, shall allocate to each local government or special district which is eligible for an allocation from the Account pursuant to NRS 360.670 an amount from the Account that is equal to the amount allocated to the local government or special district for the preceding fiscal year, minus any excess amount allocated pursuant to subsection 4, 5 , [or] 6 or 7 of NRS 360.690, multiplied by 1 plus the percentage change in the Consumer Price Index (All Items) for the year ending on December 31 immediately preceding the year in which the allocation is made.

      Sec. 2.  NRS 360.690 is hereby amended to read as follows:

      360.690  1.  Except as otherwise provided in NRS 360.730, the Executive Director shall estimate monthly the amount each local government, special district and enterprise district will receive from the Account pursuant to the provisions of this section.

      2.  The Executive Director shall establish a base monthly allocation for each local government, special district and enterprise district by dividing the amount determined pursuant to NRS 360.680 for each local government, special district and enterprise district by 12, and the State Treasurer shall, except as otherwise provided in subsections 3 to [7,] 8, inclusive, remit monthly that amount to each local government, special district and enterprise district.

 


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      3.  If, after making the allocation to each enterprise district for the month, the Executive Director determines there is not sufficient money available in the county’s subaccount in the Account to allocate to each local government and special district the base monthly allocation determined pursuant to subsection 2, he shall prorate the money in the county’s subaccount and allocate to each local government and special district an amount equal to its proportionate percentage of the total amount of the base monthly allocations determined pursuant to subsection 2 for all local governments and special districts within the county. The State Treasurer shall remit that amount to the local government or special district.

      4.  Except as otherwise provided in subsections [5, 6 and 7,] 5 to 8, inclusive, if the Executive Director determines that there is money remaining in the county’s subaccount in the Account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, he shall immediately determine and allocate each:

      (a) Local government’s share of the remaining money by:

             (1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by the sum of the:

                   (I) Average percentage of change in the population of the local government over the 5 fiscal years immediately preceding the year in which the allocation is made, as certified by the Governor pursuant to NRS 360.285, except as otherwise provided in subsection [8;] 9; and

                   (II) Average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

             (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and

      (b) Special district’s share of the remaining money by:

             (1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

             (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.

 


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Ê The State Treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.

      5.  Except as otherwise provided in subsection 6 or 7, if the Executive Director determines that there is money remaining in the county’s subaccount in the Account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district and that the average amount over the 5 fiscal years immediately preceding the year in which the allocation is made of the assessed valuation of taxable property which is attributable to the net proceeds of minerals in the county is equal to at least $50,000,000 or that the average percentage of change in population of the county over the 5 fiscal years immediately preceding the year in which the allocation is made, as certified by the Governor pursuant to NRS 360.285, except as otherwise provided in subsection 9, is a negative figure or that the average amount over the 5 fiscal years immediately preceding the year in which the allocation is made of the assessed valuation of taxable property which is attributable to the net proceeds of minerals in the county is equal to at least $50,000,000 and the average percentage of change in population of the county over the 5 fiscal years immediately preceding the year in which the allocation is made, as certified by the Governor pursuant to NRS 360.285, except as otherwise provided in subsection 9, is a negative figure, he shall immediately determine and allocate each:

      (a) Local government’s share of the remaining money by:

             (1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 1 plus the sum of the:

                   (I) Average percentage of change in the population of the local government over the 5 fiscal years immediately preceding the year in which the allocation is made, as certified by the Governor pursuant to NRS 360.285, except as otherwise provided in subsection 9; and

                   (II) Average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

             (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and

      (b) Special district’s share of the remaining money by:

             (1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 1 plus the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

 


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             (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.

Ê The State Treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.

      6.  Except as otherwise provided in subsection [7,] 8, if the Executive Director determines that there is money remaining in the county’s subaccount in the Account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, that the sum of the average percentage of change in population and the average percentage of change in the assessed valuation of taxable property, as calculated pursuant to subparagraph (1) of paragraph (a) of subsection 4 for each of those local governments, is a negative figure, and that the average change in the assessed valuation of the taxable property in each of those special districts, as calculated pursuant to subparagraph (1) of paragraph (b) of subsection 4, is a negative figure, he shall immediately determine and allocate each:

      (a) Local government’s share of the remaining money by:

             (1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 1 plus the sum of the:

                   (I) Average percentage of change in the population of the local government over the 5 fiscal years immediately preceding the year in which the allocation is made, as certified by the Governor pursuant to NRS 360.285, except as otherwise provided in subsection [8;] 9; and

                   (II) Average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

             (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and

      (b) Special district’s share of the remaining money by:

             (1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 1 plus the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

             (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.

 


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total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.

Ê The State Treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.

      [6.] 7.  Except as otherwise provided in subsection [7,] 8, if the Executive Director determines that there is money remaining in the county’s subaccount in the Account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, that the sum of the average percentage of change in population and the average percentage of change in the assessed valuation of taxable property, as calculated pursuant to subparagraph (1) of paragraph (a) of subsection 4 for each of those local governments, is a negative figure, and that the average change in the assessed valuation of the taxable property in any of those special districts, as calculated pursuant to subparagraph (1) of paragraph (b) of subsection 4, is a positive figure, he shall immediately determine and allocate each:

      (a) Local government’s share of the remaining money by:

             (1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 1 plus the sum of the:

                   (I) Average percentage of change in the population of the local government over the 5 fiscal years immediately preceding the year in which the allocation is made, as certified by the Governor pursuant to NRS 360.285, except as otherwise provided in subsection [8;] 9; and

                   (II) Average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

             (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and

      (b) Special district’s share of the remaining money by:

             (1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 1 plus the sum of the:

                   (I) Average percentage of change in the population of the county over the 5 fiscal years immediately preceding the year in which the allocation is made, as certified by the Governor pursuant to NRS 360.285, except as otherwise provided in subsection [8;] 9; and

                   (II) Average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

 


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             (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.

Ê The State Treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.

      [7.] 8.  The Executive Director shall not allocate any amount to a local government or special district pursuant to subsection 4, 5 , [or] 6 or 7 unless the amount distributed and allocated to each of the local governments and special districts in the county in each preceding month of the fiscal year in which the allocation is to be made was at least equal to the base monthly allocation determined pursuant to subsection 2. If the amounts distributed to the local governments and special districts in the county for the preceding months of the fiscal year in which the allocation is to be made were less than the base monthly allocation determined pursuant to subsection 2 and the Executive Director determines there is money remaining in the county’s subaccount in the Account after the distribution for the month has been made, he shall:

      (a) Determine the amount by which the base monthly allocations determined pursuant to subsection 2 for each local government and special district in the county for the preceding months of the fiscal year in which the allocation is to be made exceeds the amounts actually received by the local governments and special districts in the county for the same period; and

      (b) Compare the amount determined pursuant to paragraph (a) to the amount of money remaining in the county’s subaccount in the Account to determine which amount is greater.

Ê If the Executive Director determines that the amount determined pursuant to paragraph (a) is greater, he shall allocate the money remaining in the county’s subaccount in the Account pursuant to the provisions of subsection 3. If the Executive Director determines that the amount of money remaining in the county’s subaccount in the Account is greater, he shall first allocate the money necessary for each local government and special district to receive the base monthly allocation determined pursuant to subsection 2 and the State Treasurer shall remit that money so allocated. The Executive Director shall allocate any additional money in the county’s subaccount in the Account pursuant to the provisions of subsection 4, 5 [or 6,] , 6 or 7, as appropriate.

      [8.] 9.  The percentage changes in population calculated pursuant to subsections [4, 5 and 6] 4 to 7, inclusive, must:

      (a) Except as otherwise provided in paragraph (c), if the Bureau of the Census of the United States Department of Commerce issues population totals that conflict with the totals certified by the Governor pursuant to NRS 360.285, be an estimate of the change in population for the calendar year, based upon the population totals issued by the Bureau of the Census.

      (b) If a new method of determining population is established pursuant to NRS 360.283, be adjusted in a manner that will result in the percentage change being based on population determined pursuant to the new method for both the fiscal year in which the allocation is made and the fiscal year immediately preceding the year in which the allocation is made.

 


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ê2005 Statutes of Nevada, Page 13 (Chapter 7, SB 38)ê

 

      (c) If a local government files a formal appeal with the Bureau of the Census concerning the population total of the local government issued by the Bureau of the Census, be calculated using the population total certified by the Governor pursuant to NRS 360.285 until the appeal is resolved. If additional money is allocated to the local government because the population total certified by the Governor is greater than the population total issued by the Bureau of the Census, the State Treasurer shall deposit that additional money in a separate interest-bearing account. Upon resolution of the appeal, if the population total finally determined pursuant to the appeal is:

             (1) Equal to or less than the population total initially issued by the Bureau of the Census, the State Treasurer shall transfer the total amount in the separate interest-bearing account, including interest but excluding any administrative fees, to the Local Government Tax Distribution Account for allocation among the local governments in the county pursuant to subsection 4, 5 [or 6,] , 6 or 7, as appropriate.

             (2) Greater than the population total initially issued by the Bureau of the Census, the Executive Director shall calculate the amount that would have been allocated to the local government pursuant to subsection 4, 5 [or 6,] , 6 or 7, as appropriate, if the population total finally determined pursuant to the appeal had been used and the State Treasurer shall remit to the local government an amount equal to the difference between the amount actually distributed and the amount calculated pursuant to this subparagraph or the total amount in the separate interest-bearing account, including interest but excluding any administrative fees, whichever is less.

      [9.] 10.  On or before February 15 of each year, the Executive Director shall provide to each local government, special district and enterprise district a preliminary estimate of the revenue it will receive from the Account for that fiscal year.

      [10.] 11.  On or before March 15 of each year, the Executive Director shall:

      (a) Make an estimate of the receipts from each tax included in the Account on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles, including an estimate for each county of the receipts from each tax included in the Account; and

      (b) Provide to each local government, special district and enterprise district an estimate of the amount that local government, special district or enterprise district would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.

      [11.] 12.  A local government, special district or enterprise district may use the estimate provided by the Executive Director pursuant to subsection [10] 11 in the preparation of its budget.

      Sec. 3.  NRS 354.59813 is hereby amended to read as follows:

      354.59813  1.  In addition to the allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811, if the estimate of the revenue available from the supplemental city-county relief tax to the county as determined by the Executive Director of the Department of Taxation pursuant to the provisions of subsection [10] 11 of NRS 360.690 is less than the amount of money that would be generated by applying a tax rate of $1.15 per $100 of assessed valuation to the assessed valuation of the county, except any assessed valuation attributable to the net proceeds of minerals, the governing body of each local government may levy an additional tax ad valorem for operating purposes. The total tax levied by the governing body of a local government pursuant to this section must not exceed a rate calculated to produce revenue equal to the difference between the:

 


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ê2005 Statutes of Nevada, Page 14 (Chapter 7, SB 38)ê

 

of a local government pursuant to this section must not exceed a rate calculated to produce revenue equal to the difference between the:

      (a) Amount of revenue from supplemental city-county relief tax estimated to be received by the county pursuant to subsection [10] 11 of NRS 360.690; and

      (b) The tax that the county would have been estimated to receive if the estimate for the total revenue available from the tax was equal to the amount of money that would be generated by applying a tax rate of $1.15 per $100 of assessed valuation to the assessed valuation of the county,

Ê multiplied by the proportion determined for the local government pursuant to subparagraph (2) of paragraph (a) of subsection 4 of NRS 360.690, subparagraph (2) of paragraph (a) of subsection [5] 6 of NRS 360.690 or subparagraph (2) of paragraph (a) of subsection [6] 7 of NRS 360.690, as appropriate.

      2.  Any additional taxes ad valorem levied as a result of the application of this section must not be included in the base from which the allowed revenue from taxes ad valorem for the next subsequent year is computed.

      3.  As used in this section, “local government” has the meaning ascribed to it in NRS 360.640.

      Sec. 4.  NRS 354.598747 is hereby amended to read as follows:

      354.598747  1.  To calculate the amount to be distributed pursuant to the provisions of NRS 360.680 and 360.690 from a county’s subaccount in the Local Government Tax Distribution Account to a local government, special district or enterprise district after it assumes the functions of another local government, special district or enterprise district:

      (a) Except as otherwise provided in this section, the Executive Director of the Department of Taxation shall:

             (1) Add the amounts calculated pursuant to subsection 1 or 2 of NRS 360.680 for each local government, special district or enterprise district and allocate the combined amount to the local government, special district or enterprise district that assumes the functions; and

             (2) If applicable, add the average change in population and average change in the assessed valuation of taxable property that would otherwise be allowed to the local government or special district whose functions are assumed, including the assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, pursuant to subsection 4, 5 , [or] 6 or 7 of NRS 360.690, as appropriate, to the average change in population and average change in assessed valuation for the local government, special district or enterprise district that assumes the functions.

      (b) If two or more local governments, special districts or enterprise districts assume the functions of another local government, special district or enterprise district, the additional revenue must be divided among the local governments, special districts or enterprise districts that assume the functions on the basis of the proportionate costs of the functions assumed.

Ê The Nevada Tax Commission shall not allow any increase in the allowed revenue from the taxes contained in the county’s subaccount in the Local Government Tax Distribution Account if the increase would result in a decrease in revenue of any local government, special district or enterprise district in the county that does not assume those functions. If more than one local government, special district or enterprise district assumes the functions, the Nevada Tax Commission shall determine the appropriate amounts calculated pursuant to subparagraphs (1) and (2) of paragraph (a).

 


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ê2005 Statutes of Nevada, Page 15 (Chapter 7, SB 38)ê

 

the Nevada Tax Commission shall determine the appropriate amounts calculated pursuant to subparagraphs (1) and (2) of paragraph (a).

      2.  If a city disincorporates, the board of county commissioners of the county in which the city is located must determine the amount the unincorporated town created by the disincorporation will receive pursuant to the provisions of NRS 360.600 to 360.740, inclusive.

      3.  As used in this section:

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

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

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

      Sec. 5.  This act becomes effective upon passage and approval and applies retroactively to January 1, 2005.

________

 

CHAPTER 8, AB 55

Assembly Bill No. 55–Committee on Judiciary

 

CHAPTER 8

 

AN ACT relating to justices of the peace; increasing the amount of the bond required of a justice of the peace before entering upon the duties of his office; requiring the county to furnish the bond for a justice of the peace; and providing other matters properly relating thereto.

 

[Approved: March 24, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 4.030 is hereby amended to read as follows:

      4.030  Each justice of the peace elected or appointed in this State shall, before entering upon the duties of his office:

      1.  Take the oath prescribed by law.

      2.  Execute a bond to the State of Nevada, to be approved by the board of county commissioners [,] and furnished at county expense, in the penal sum of not less than [$1,000 nor] $10,000 or more than [$5,000,] $50,000, as may be designated by the board of county commissioners. The bond [shall] must be conditioned for the faithful performance of the duties of his office [, and shall be] and filed in the office of the county clerk.

      Sec. 2.  This act becomes effective on July 1, 2005.

________

 

 


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ê2005 Statutes of Nevada, Page 16ê

 

CHAPTER 9, AB 23

Assembly Bill No. 23–Committee on Judiciary

 

CHAPTER 9

 

AN ACT relating to governmental administration; authorizing state agencies and political subdivisions to request and receive certain information concerning a person applying to attend an academy for training peace officers; and providing other matters properly relating thereto.

 

[Approved: March 28, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 239B.010 is hereby amended to read as follows:

      239B.010  1.  Any agency of the State or any political subdivision may request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person:

      (a) Who has applied to it for a license as required by any statute or local ordinance which it has the power to grant or deny;

      (b) With whom it intends to enter into a relationship of employment or a contract for personal services; [or]

      (c) Who has applied to it to attend an academy for training peace officers approved by the Peace Officers’ Standards and Training Commission; or

      (d) About whom it has a legitimate need to have accurate personal information for the protection of the agency or the people within its jurisdiction.

      2.  Except as otherwise provided in subsection 3:

      (a) To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to subsection 1, the agency or political subdivision must:

             (1) Require the person to submit a complete set of his fingerprints; and

             (2) Forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      (b) Only the Central Repository may:

             (1) Receive fingerprints from an agency of the State or any political subdivision for submission to the Federal Bureau of Investigation pursuant to this section;

             (2) Submit those fingerprints to the Federal Bureau of Investigation; and

             (3) Receive a report from the Federal Bureau of Investigation based on the submission of those fingerprints.

      3.  If an agency or political subdivision that wishes to request and receive information from the Federal Bureau of Investigation concerning a person pursuant to subsection 1 is required by federal law to comply with specific procedures to request and receive such information from the Federal Bureau of Investigation:

      (a) The provisions of subsection 2 do not apply to the agency or political subdivision; and

 


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ê2005 Statutes of Nevada, Page 17 (Chapter 9, AB 23)ê

 

      (b) The agency or political subdivision must comply with the specific procedures required by federal law.

      Sec. 2.  NRS 179A.075 is hereby amended to read as follows:

      179A.075  1.  The Central Repository for Nevada Records of Criminal History is hereby created within the Nevada Highway Patrol Division of the Department.

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

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

      (b) Submit the information collected to the Central Repository in the manner recommended by the Advisory Committee and approved by the Director of the Department.

      3.  Each agency of criminal justice shall submit the information relating to records of criminal history that it creates or issues, and any information in its possession relating to the genetic markers of a biological specimen of a person who is convicted of an offense listed in subsection 4 of NRS 176.0913, to the Division in the manner prescribed by the Director of the Department. The information must be submitted to the Division:

      (a) Through an electronic network;

      (b) On a medium of magnetic storage; or

      (c) In the manner prescribed by the Director of the Department,

Ê within the period prescribed by the Director of the Department. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the Division. The Division shall delete all references in the Central Repository relating to that particular arrest.

      4.  The Division shall, in the manner prescribed by the Director of the Department:

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

             (1) Records of criminal history; and

             (2) The genetic markers of a biological specimen of a person who is convicted of an offense listed in subsection 4 of NRS 176.0913.

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

      (c) Upon request, provide the information that is contained in the Central Repository to the State Disaster Identification Team of the Division of Emergency Management of the Department.

      5.  The Division may:

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

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

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

 


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ê2005 Statutes of Nevada, Page 18 (Chapter 9, AB 23)ê

 

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

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

             (3) Who has applied to any agency of the State of Nevada or any political subdivision thereof to attend an academy for training peace officers approved by the Peace Officers’ Standards and Training Commission;

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

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

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

Ê To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to this subsection, the Central Repository must receive the person’s complete set of fingerprints from the agency or political subdivision and submit the fingerprints to the Federal Bureau of Investigation for its report.

      6.  The Central Repository shall:

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

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

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

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

             (1) Has applied to the Superintendent of Public Instruction for a license;

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

             (3) Is employed by a county school district or a private school,

Ê and notify the superintendent of each county school district and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.

      (e) Upon discovery, notify the superintendent of each county school district or the administrator of each private school, as appropriate, by providing the superintendent or administrator with a list of all persons:

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

             (2) Employed by a county school district or private school whose fingerprints were sent previously to the Central Repository for investigation,

Ê who the Central Repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the Central Repository’s initial investigation.

 


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ê2005 Statutes of Nevada, Page 19 (Chapter 9, AB 23)ê

 

Central Repository’s initial investigation. The superintendent of each county school district or the administrator of each private school, as applicable, shall determine whether further investigation or action by the district or private school, as applicable, is appropriate.

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

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

      (h) On or before July 1 of each year, prepare and submit to the Director of the Legislative Counsel Bureau [,] for submission to the Legislature, or to the Legislative Commission when the Legislature is not in regular session, a report containing statistical data about domestic violence in this State.

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

      7.  The Central Repository may:

      (a) At the recommendation of the Advisory Committee and in the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reports relating to crime or the delinquency of children.

      (b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The Central Repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the State Disaster Identification Team of the Division of Emergency Management of the Department. All money collected pursuant to this paragraph must be used to pay for the cost of operating the Central Repository.

      (c) In the manner prescribed by the Director of the Department, use electronic means to receive and disseminate information contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter.

      8.  As used in this section:

      (a) “Advisory Committee” means the Committee established by the Director of the Department pursuant to NRS 179A.078.

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

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

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

      (c) “Private school” has the meaning ascribed to it in NRS 394.103.

      Sec. 3.  This act becomes effective on July 1, 2005.

________

 


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ê2005 Statutes of Nevada, Page 20ê

 

CHAPTER 10, AB 34

Assembly Bill No. 34–Committee on Commerce and Labor

 

CHAPTER 10

 

AN ACT relating to residential contractors; revising provisions governing the Recovery Fund administered by the State Contractors’ Board; increasing the maximum amounts that the Board may pay from the Recovery Fund for individual claims and for multiple claims made against a single contractor; providing for retroactive application with regard to certain claims; and providing other matters properly relating thereto.

 

[Approved: March 28, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 624.510 is hereby amended to read as follows:

      624.510  1.  Except as otherwise provided in NRS 624.490 and subsection 2, an injured person is eligible for recovery from the account if the Board or its designee finds that the injured person suffered actual damages as a result of an act or omission of a residential contractor that is in violation of this chapter or the regulations adopted pursuant thereto.

      2.  An injured person is not eligible for recovery from the account if:

      (a) The injured person is the spouse of the licensee, or a personal representative of the spouse of the licensee;

      (b) The injured person was associated in a business relationship with the licensee other than the contract at issue; or

      (c) At the time of contracting with the residential contractor, the license of the residential contractor was suspended or revoked pursuant to NRS 624.300.

      3.  If the Board or its designee determines that an injured person is eligible for recovery from the account pursuant to this section or NRS 624.490, the Board or its designee may pay out of the account:

      (a) The amount of actual damages suffered, but not to exceed [$30,000;] $35,000; or

      (b) If a judgment was obtained as set forth in NRS 624.490, the amount of actual damages included in the judgment and remaining unpaid, but not to exceed [$30,000.] $35,000.

      4.  The decision of the Board or its designee regarding eligibility for recovery and all related issues is final and not subject to judicial review.

      5.  If the injured person has recovered a portion of his loss from sources other than the account, the Board shall deduct the amount recovered from the other sources from the amount payable upon the claim and direct the difference to be paid from the account.

      6.  To the extent of payments made from the account, the Board is subrogated to the rights of the injured person, including, without limitation, the right to collect from a surety bond or a cash bond. The Board and the Attorney General shall promptly enforce all subrogation claims.

      7.  The amount of recovery from the account based upon claims made against any single contractor must not exceed [$200,000.] $400,000.

 


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ê2005 Statutes of Nevada, Page 21 (Chapter 10, AB 34)ê

 

      8.  As used in this section, “actual damages” includes attorney’s fees or costs in contested cases appealed to the Supreme Court of this State. The term does not include any other attorney’s fees or costs.

      Sec. 2.  The provisions of this act become effective on July 1, 2005, and apply retroactively to claims arising from the failure of a residential contractor adequately to perform qualified services, as that term is defined in NRS 624.440, on or after January 1, 2004.

________

 

CHAPTER 11, AB 138

Assembly Bill No. 138–Committee on Transportation

 

CHAPTER 11

 

AN ACT relating to vehicles; revising the manner in which the legal maximum width of a recreational vehicle is determined to exclude certain equipment in making such a determination; and providing other matters properly relating thereto.

 

[Approved: March 28, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 484 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  “Recreational vehicle” has the meaning ascribed to it in NRS 482.101.

      Sec. 3.  The legal maximum width of a recreational vehicle is 102 inches, excluding:

      1.  Mirrors, lights and other devices required for safety; and

      2.  An awning and any hardware required for the awning which is attached to the recreational vehicle and which does not extend beyond any mirror specified in subsection 1 which is attached to the side of the recreational vehicle.

      Sec. 4.  NRS 484.013 is hereby amended to read as follows:

      484.013  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 484.014 to 484.217, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 5.  NRS 484.759 is hereby amended to read as follows:

      484.759  1.  As used in this section and NRS 484.760, “special mobile equipment” means a vehicle, not self-propelled, not designed or used primarily for the transportation of persons or property, and only incidentally operated or moved over a highway, excepting implements of husbandry.

      2.  The Department of Transportation with respect to highways under its jurisdiction and governing bodies of cities and counties with respect to roads under their jurisdiction may, upon application in writing, authorize the applicant to operate or move a vehicle, combination of vehicles, special mobile equipment, or load thereon of a size or weight exceeding the legal maximum, or to use corrugations on the periphery of the movable tracks on a traction engine or tractor, the propulsive power of which is not exerted through wheels resting on the roadway but by means of a flexible band or chain, or, under emergency conditions, to operate or move a type of vehicle otherwise prohibited by law, upon any highway under the jurisdiction of the Department of Transportation or governing body granting that permit.

 


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ê2005 Statutes of Nevada, Page 22 (Chapter 11, AB 138)ê

 

otherwise prohibited by law, upon any highway under the jurisdiction of the Department of Transportation or governing body granting that permit.

      3.  Except as otherwise provided in NRS 484.7595 to 484.7631, inclusive, and section 3 of this act, the legal maximum width of any vehicle, combination of vehicles, special mobile equipment [,] or load thereon is 102 inches.

      4.  If a vehicle is equipped with pneumatic tires, the maximum width from the outside of one wheel and tire to the outside of the opposite outer wheel and tire must not exceed 108 inches, and the outside width of the body of the vehicle or the load thereon must not exceed 102 inches.

      5.  Lights or devices which must be mounted upon a vehicle under this chapter may extend beyond the permissible width of the vehicle to a distance not exceeding 10 inches on each side of the vehicle, but the maximum width must not exceed 126 inches.

      6.  Door handles, hinges, cable cinchers and chain binders may extend 3 inches on each side, but the maximum width of body and door handles, hinges, cable cinchers or chain binders must not exceed 108 inches.

      7.  A person shall not operate a passenger vehicle on any highway with any load carried thereon extending beyond the line of the hubcaps on its left side or more than 6 inches beyond the line of the hubcaps on its right side.

________

 

CHAPTER 12, SB 114

Senate Bill No. 114–Committee on Government Affairs

 

CHAPTER 12

 

AN ACT relating to public works; clarifying that certain hiring preferences apply to all circumstances under which persons are employed in the construction of public works; and providing other matters properly relating thereto.

 

[Approved: March 28, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 338.130 is hereby amended to read as follows:

      338.130  1.  In all cases where persons are employed in the construction of public works, preference must be given , [by a public body,] the qualifications of the applicants being equal:

      (a) First: To persons who:

             (1) Have been honorably discharged [soldiers, sailors and marines] from the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States [who are] , a reserve component thereof or the National Guard; and

             (2) Are citizens of the State of Nevada.

      (b) Second: To other citizens of the State of Nevada.

      2.  Nothing in this section shall be construed to prevent the working of prisoners by a public body on a public work.

      3.  In each contract for the construction of public works , a clause must be inserted to the effect that if the provisions of this section are not complied with by the contractor engaged on the public work, the contract is void, and any failure or refusal to comply with any of the provisions of this section renders any such contract void.

 


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ê2005 Statutes of Nevada, Page 23 (Chapter 12, SB 114)ê

 

any failure or refusal to comply with any of the provisions of this section renders any such contract void. All boards, commissions, officers, agents and employees having the power to enter into contracts for the expenditure of public money on public works shall file in the Office of the Labor Commissioner the names and addresses of all contractors holding contracts with the public body , and upon the letting of new contracts , the names and addresses of such new contractors must likewise be filed with the Labor Commissioner. Upon the demand of the Labor Commissioner, a contractor shall furnish a list of the names and addresses of all subcontractors employed by the contractor engaged on a public work.

      4.  Subject to the exceptions contained in this section, no money may be paid out of the State Treasury or out of the treasury of any political subdivision of the State to any person employed on any work mentioned in this section unless there has been compliance with the provisions of this section.

      5.  Any contractor engaged on a public work or any other person who violates any of the provisions of this section is guilty of a misdemeanor. The penalties provided for in this section do not apply where violations thereof are due to misrepresentations made by the employee or employees.

      Sec. 2.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 13, AB 204

Assembly Bill No. 204–Committee on Ways and Means

 

CHAPTER 13

 

AN ACT relating to projects of capital improvement; requiring the issuance of general obligation bonds to pay the costs of certain capital improvements; authorizing certain expenditures by the State Public Works Board; requiring the repayment of certain costs; making appropriations; and providing other matters properly relating thereto.

 

[Approved: March 30, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $13,080,921 for the capital improvements summarized in this section. This amount is allocated to projects numbered and described in the executive budget for the Fiscal Years 2005-2006 and 2006-2007 or otherwise described as follows:

Description                                                                 Project No.               Amount

      1.  Capital improvements for the Department of Information Technology:

Addition to and renovation of state computer facility              05-C20a $2,368,500

      2.  Capital improvements for the Department of Human Resources:

Design and construction of a 40-bed addition to the 150-bed psychiatric hospital at SNAMHS   05-C14........................................................... $9,934,293

 


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ê2005 Statutes of Nevada, Page 24 (Chapter 13, AB 204)ê

 

      3.  Capital improvements for the Department of Public Safety:

State Emergency Operations Center construction 05-C09a   $778,128

      Sec. 2.  Any remaining balance of the allocated amounts authorized in section 1 of this act must not be committed for expenditure after June 30, 2007, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 21, 2007.

      Sec. 3.  1.  The State Board of Finance may issue the bonds authorized pursuant to section 1 of this act at the time deemed appropriate by the Board based on the schedule established for the completion of the projects described in that section.

      2.  The State Controller may temporarily advance from the State General Fund, upon the approval of the Chief of the Budget Division of the Department of Administration, to the State Public Works Board, until the date on which bonds authorized by section 1 of this act are sold, amounts necessary to facilitate the start of the projects enumerated in section 1 of this act. The State Controller shall not advance more than the face amount of the bonds authorized to be issued. The advanced amounts must be repaid immediately to the State General Fund upon the sale of the bonds.

      3.  The Chief of the Budget Division of the Department of Administration shall notify the State Controller and the Interim Finance Committee of the approval of an advance from the State General Fund to the State Public Works Board pursuant to subsection 2.

      Sec. 4.  Commencing on July 1, 2007, the Department of Information Technology shall repay in annual installments to the State Treasurer for deposit to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund the cost of Project 05-C20a, addition to and renovation of state computer facility. Each installment must be equal to 5 percent of the total cost of the completed project, including the costs of debt service that are incurred.

      Sec. 5.  There is hereby appropriated from the State General Fund to the State Public Works Board the sum of $1,400,000 to support the Board in carrying out the program of capital improvements summarized in this section. This amount is allocated to projects numbered and described in the executive budget for the Fiscal Years 2005-2006 and 2006-2007 or otherwise described as follows:

      Description                                                           Project No.               Amount

      Capital improvements for the Department of Human Resources:

Design and construction of a 40-bed addition to the 150-bed psychiatric hospital at SNAMHS   05-C14........................................................... $1,400,000

      Sec. 6.  Any remaining balance of the appropriation made by section 5 of this act must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 7.  Any remaining balance of the money transferred to the Contingency Fund during the 2003-2005 biennium as a result of the settlement agreement finalized on April 28, 2003, or any other settlement agreement finalized after that date, between leading investment firms and the Securities and Exchange Commission, or any resulting settlement agreements between such leading investment firms and this State entered into on or after April 28, 2003, is allocated to and authorized for expenditure by the State Public Works Board to support the Board in carrying out the program of capital improvements summarized in this section.

 


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ê2005 Statutes of Nevada, Page 25 (Chapter 13, AB 204)ê

 

by the State Public Works Board to support the Board in carrying out the program of capital improvements summarized in this section. This amount is allocated to projects numbered and described in the executive budget for the Fiscal Years 2005-2006 and 2006-2007 or otherwise described as follows:

Description                                                                 Project No.               Amount

      Capital improvements for the Department of Public Safety:

State Emergency Operations Center construction 05-C09a $1,221,872

      Sec. 8.  Any remaining balance of the allocated amounts authorized in section 7 of this act must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 9.  The State Public Works Board shall carry out the provisions of this act as provided in chapter 341 of NRS. The Board shall ensure that qualified persons are employed to accomplish the authorized work. Every contract pertaining to the work must be approved by the Attorney General.

      Sec. 10.  All state and local governmental agencies involved in the design and construction of the projects enumerated in this act shall cooperate with the State Public Works Board to expedite the completion of the project.

      Sec. 11.  1.  The State Board of Finance, in its capacity as the State General Obligation Bond Commission and to the extent that money is available, shall pay the expenses related to the issuance of general obligation bonds approved by the 73rd Session of the Nevada Legislature from the proceeds of those bonds.

      2.  The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds pursuant to this act.

      Sec. 12.  Expenditure of $13,080,921 not appropriated from the State General Fund or the State Highway Fund is hereby authorized from the Consolidated Bond Interest and Redemption Fund for the purposes set forth in section 1 of this act.

      Sec. 13.  This act becomes effective upon passage and approval.

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CHAPTER 14, AB 13

Assembly Bill No. 13–Committee on Health and Human Services

 

CHAPTER 14

 

AN ACT relating to public welfare; revising the qualifications of the State Welfare Administrator of the Welfare Division of the Department of Human Resources; and providing other matters properly relating thereto.

 

[Approved: April 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 422.160 is hereby amended to read as follows:

      422.160  The State Welfare Administrator must:

      1.  Be selected on the basis of his training, experience, capacity and interest in public welfare services.

 


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ê2005 Statutes of Nevada, Page 26 (Chapter 14, AB 13)ê

 

      2.  Be a graduate [in public or business administration] from an accredited college or university. In appointing the State Welfare Administrator, the Director shall, to the extent practicable, give preference to a person who has a degree in a field of social science, public administration, business administration or a related field.

      3.  Have had not less than 3 years of demonstrated successful experience in the administration of a public [welfare administration,] agency, with responsibility for general direction of programs of the public agency and determination of [a policy of a general assistance and social service program,] policies for the implementation of programs of the public agency, or any equivalent combination of training and experience.

      4.  Possess qualities of leadership . [in the field of human welfare and health.]

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

________

 

CHAPTER 15, AB 96

Assembly Bill No. 96–Committee on Ways and Means

 

CHAPTER 15

 

AN ACT making appropriations to restore the balances in the Stale Claims Account, Emergency Account and Reserve for Statutory Contingency Account; and providing other matters properly relating thereto.

 

[Approved: April 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Stale Claims Account created by NRS 353.097 the sum of $3,500,000 to restore the balance in the Account.

      2.  There is hereby appropriated from the State General Fund to the Emergency Account created by NRS 353.263 the sum of $500,000 to restore the balance in the Account.

      3.  There is hereby appropriated from the State General Fund to the Reserve for Statutory Contingency Account created by NRS 353.264 the sum of $3,000,000 to restore the balance in the Account.

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

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ê2005 Statutes of Nevada, Page 27ê

 

CHAPTER 16, AB 130

Assembly Bill No. 130–Assemblymen Grady, McCleary, Angle, Anderson, McClain, Allen, Atkinson, Carpenter, Claborn, Conklin, Giunchigliani, Goicoechea, Hettrick, Koivisto, Mabey, Manendo, Munford, Oceguera, Perkins, Seale, Sibley, Smith and Weber

 

Joint Sponsors: Senators Amodei, Care and McGinness

 

CHAPTER 16

 

AN ACT relating to veterans; revising the provisions governing the filling of certain vacancies on the Nevada Veterans’ Services Commission; and providing other matters properly relating thereto.

 

[Approved: April 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 417.150 is hereby amended to read as follows:

      417.150  1.  The Nevada Veterans’ Services Commission, consisting of nine members, is hereby created.

      2.  The Governor shall appoint:

      (a) Three members who are representatives of nationally recognized veterans’ organizations and who possess honorable discharges from some branch of the military and naval service of the United States.

      (b) Two members who are representatives of the general public.

      3.  The Chairman of the Advisory Committee for a Veterans’ Cemetery in Northern Nevada and the Chairman of the Advisory Committee for a Veterans’ Cemetery in Southern Nevada shall each appoint one member from their respective committees to serve as a member of the Commission. Each member so appointed must be a representative of a nationally recognized veterans’ organization and possess an honorable discharge from some branch of the military and naval service of the United States.

      4.  The Majority Leader of the Senate shall appoint one member of the Senate to serve as a member of the Commission.

      5.  The Speaker of the Assembly shall appoint one member of the Assembly to serve as a member of the Commission.

      6.  The Governor may remove a member of the Commission at any time for failure to perform his duties, malfeasance or other good cause.

      7.  The term of office of each member is 2 years.

      8.  If a vacancy occurs in the membership of those members appointed pursuant to paragraph (a) of subsection 2, the Governor shall fill the vacancy from among the names of qualified nominees provided to him in writing by the [Adjutant General.] Executive Director.

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

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ê2005 Statutes of Nevada, Page 28ê

 

CHAPTER 17, AB 131

Assembly Bill No. 131–Assemblymen Grady, McCleary, Angle, Anderson, McClain, Allen, Atkinson, Carpenter, Claborn, Conklin, Giunchigliani, Goicoechea, Hettrick, Koivisto, Mabey, Manendo, Munford, Oceguera, Perkins, Seale, Sibley, Smith and Weber

 

Joint Sponsors: Senators Amodei, Care and McGinness

 

CHAPTER 17

 

AN ACT relating to veterans; eliminating the requirement for joint meetings of the Advisory Committee for a Veterans’ Cemetery in Northern Nevada and the Advisory Committee for a Veterans’ Cemetery in Southern Nevada; and providing other matters properly relating thereto.

 

[Approved: April 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 417.230 is hereby amended to read as follows:

      417.230  1.  There are hereby created the Advisory Committee for a Veterans’ Cemetery in Northern Nevada and the Advisory Committee for a Veterans’ Cemetery in Southern Nevada, each consisting of seven members as follows:

      (a) One member of the Senate, appointed by the Majority Leader of the Senate.

      (b) One member of the Assembly, appointed by the Speaker of the Assembly.

      (c) Five members of veterans’ organizations in this State, appointed by the Governor.

      2.  The members of the Committees shall serve terms of 2 years . [and each]

      3.  Each Committee shall annually elect a Chairman and a Vice Chairman from among its members. [The Committees]

      4.  Each Committee shall meet at least 4 times a year . [, meeting jointly at least twice at alternate locations.]

      5.  Any legislative member of a Committee who is not a candidate for reelection or who is defeated for reelection continues to serve until the convening of the next session of the Legislature.

      6.  While engaged in the work of the Committee, each member of each Committee is entitled to receive the per diem allowances and travel expenses provided for state officers and employees generally.

      [3.] 7.  The Executive Director shall consult with [the] each Committee regarding the establishment, maintenance and operation of the veterans’ cemetery for which the Committee was created.

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

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ê2005 Statutes of Nevada, Page 29ê

 

CHAPTER 18, SB 86

Senate Bill No. 86–Committee on Transportation and Homeland Security

 

CHAPTER 18

 

AN ACT relating to offenses; providing that counseling and evaluations required for certain offenses may be conducted in neighboring states under certain circumstances; requiring the Committee on Domestic Violence to include provisions in its regulations allowing a program for the treatment of persons who commit domestic violence that is located in another state to become certified in this State; and providing other matters properly relating thereto.

 

[Approved: April 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 200.485 is hereby amended to read as follows:

      200.485  1.  Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018:

      (a) For the first offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:

             (1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and

             (2) Perform not less than 48 hours, but not more than 120 hours, of community service.

Ê The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur at a time when the person is not required to be at his place of employment or on a weekend.

      (b) For the second offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:

             (1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and

             (2) Perform not less than 100 hours, but not more than 200 hours, of community service.

Ê The person shall be further punished by a fine of not less than $500, but not more than $1,000.

      (c) For the third and any subsequent offense within 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      2.  In addition to any other penalty, if a person is convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, the court shall:

      (a) For the first offense within 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, but not more than 12 months, at his expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.

 


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ê2005 Statutes of Nevada, Page 30 (Chapter 18, SB 86)ê

 

      (b) For the second offense within 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for 12 months, at his expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.

Ê If the person resides in this State but the nearest location at which counseling services are available is in another state, the court may allow the person to participate in counseling in the other state in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.

      3.  An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.

      4.  In addition to any other fine or penalty, the court shall order such a person to pay an administrative assessment of $35. Any money so collected must be paid by the clerk of the court to the State Controller on or before the fifth day of each month for the preceding month for credit to the Account for Programs Related to Domestic Violence established pursuant to NRS 228.460.

      5.  In addition to any other penalty, the court may require such a person to participate, at his expense, in a program of treatment for the abuse of alcohol or drugs that has been certified by the Health Division of the Department of Human Resources.

      6.  If it appears from information presented to the court that a child under the age of 18 years may need counseling as a result of the commission of a battery which constitutes domestic violence pursuant to NRS 33.018, the court may refer the child to an agency which provides child welfare services. If the court refers a child to an agency which provides child welfare services, the court shall require the person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 to reimburse the agency for the costs of any services provided, to the extent of his ability to pay.

      7.  If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not dismiss such a charge in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows, or it is obvious, that the charge is not supported by probable cause or cannot be proved at the time of trial. A court shall not grant probation to and, except as otherwise provided in NRS 4.373 and 5.055, a court shall not suspend the sentence of such a person.

      8.  As used in this section:

      (a) “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      (b) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.

      (c) “Offense” includes a battery which constitutes domestic violence pursuant to NRS 33.018 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct.

 


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ê2005 Statutes of Nevada, Page 31 (Chapter 18, SB 86)ê

 

      Sec. 2.  NRS 62E.620 is hereby amended to read as follows:

      62E.620  1.  The juvenile court shall order a delinquent child to undergo an evaluation to determine whether the child is an abuser of alcohol or other drugs if the child committed:

      (a) An unlawful act in violation of NRS 484.379 or 484.3795;

      (b) The unlawful act of using, possessing, selling or distributing a controlled substance; or

      (c) The unlawful act of purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020.

      2.  [The] Except as otherwise provided in subsection 3, an evaluation of the child must be conducted by:

      (a) An alcohol and drug abuse counselor who is licensed or certified or an alcohol and drug abuse counselor intern who is certified pursuant to chapter 641C of NRS to make that classification; or

      (b) A physician who is certified to make that classification by the Board of Medical Examiners.

      3.  If the child resides in this State but the nearest location at which an evaluation may be conducted is in another state, the court may allow the evaluation to be conducted in the other state if the person conducting the evaluation:

      (a) Possesses qualifications that are substantially similar to the qualifications described in subsection 2;

      (b) Holds an appropriate license, certificate or credential issued by a regulatory agency in the other state; and

      (c) Is in good standing with the regulatory agency in the other state.

      4.  The evaluation of the child may be conducted at an evaluation center.

      [4.] 5.  The person who conducts the evaluation of the child shall report to the juvenile court the results of the evaluation and make a recommendation to the juvenile court concerning the length and type of treatment required for the child.

      [5.] 6.  The juvenile court shall:

      (a) Order the child to undergo a program of treatment as recommended by the person who conducts the evaluation of the child.

      (b) Require the treatment facility to submit monthly reports on the treatment of the child pursuant to this section.

      (c) Order the child or the parent or guardian of the child, or both, to the extent of their financial ability, to pay any charges relating to the evaluation and treatment of the child pursuant to this section. If the child or the parent or guardian of the child, or both, do not have the financial resources to pay all those charges:

             (1) The juvenile court shall, to the extent possible, arrange for the child to receive treatment from a treatment facility which receives a sufficient amount of federal or state money to offset the remainder of the costs; and

             (2) The juvenile court may order the child, in lieu of paying the charges relating to his evaluation and treatment, to perform community service.

      [6.] 7.  After a treatment facility has certified a child’s successful completion of a program of treatment ordered pursuant to this section, the treatment facility is not liable for any damages to person or property caused by a child who:

 


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ê2005 Statutes of Nevada, Page 32 (Chapter 18, SB 86)ê

 

      (a) Drives, operates or is in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engages in any other conduct prohibited by NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or a law of any other jurisdiction that prohibits the same or similar conduct.

      [7.] 8.  The provisions of this section do not prohibit the juvenile court from:

      (a) Requiring an evaluation to be conducted by a person who is employed by a private company if the company meets the standards of the Health Division of the Department of Human Resources. The evaluation may be conducted at an evaluation center.

      (b) Ordering the child to attend a program of treatment which is administered by a private company.

      [8.] 9.  All information relating to the evaluation or treatment of a child pursuant to this section is confidential and, except as otherwise authorized by the provisions of this title or the juvenile court, must not be disclosed to any person other than:

      (a) The juvenile court;

      (b) The child;

      (c) The attorney for the child, if any;

      (d) The parents or guardian of the child;

      (e) The district attorney; and

      (f) Any other person for whom the communication of that information is necessary to effectuate the evaluation or treatment of the child.

      [9.] 10.  A record of any finding that a child has violated the provisions of NRS 484.379 or 484.3795 must be included in the driver’s record of that child for 7 years after the date of the offense.

      Sec. 3.  NRS 228.470 is hereby amended to read as follows:

      228.470  1.  The Attorney General shall appoint a Committee on Domestic Violence comprised of:

      (a) One staff member of a program for victims of domestic violence;

      (b) One staff member of a program for the treatment of persons who commit domestic violence;

      (c) One representative from an office of the district attorney with experience in prosecuting criminal offenses;

      (d) One representative from an office of the city attorney with experience in prosecuting criminal offenses;

      (e) One law enforcement officer;

      (f) One provider of mental health care;

      (g) Two victims of domestic violence; and

      (h) One person who:

             (1) Has successfully completed a program for the treatment of persons who commit domestic violence;

             (2) Has not committed a violent act following such treatment; and

             (3) Has demonstrated leadership by assisting persons who commit domestic violence or victims of domestic violence.

Ê At least two members of the Committee must be residents of a county whose population is less than 100,000.

      2.  The Committee shall:

      (a) Adopt regulations for the evaluation, certification and monitoring of programs for the treatment of persons who commit domestic violence;

 


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      (b) Review, monitor and certify programs for the treatment of persons who commit domestic violence;

      (c) Review and evaluate existing programs provided to peace officers for training related to domestic violence and make recommendations to the Peace Officers’ Standards and Training Commission regarding such training;

      (d) To the extent that money is available, arrange for the provision of legal services, including, without limitation, assisting a person in an action for divorce; and

      (e) Submit on or before March 1 of each odd-numbered year a report to the Director of the Legislative Counsel Bureau for distribution to the regular session of the Legislature. The report must include, without limitation, a summary of the work of the Committee and recommendations for any necessary legislation concerning domestic violence.

      3.  The regulations governing certification of programs for the treatment of persons who commit domestic violence adopted pursuant to paragraph (a) of subsection 2 must include, without limitation, provisions allowing a program that is located in another state to become certified in this State to provide treatment to persons who:

      (a) Reside in this State; and

      (b) Are ordered by a court in this State to participate in a program for the treatment of persons who commit domestic violence.

      4.  The Committee shall, at its first meeting and annually thereafter, elect a Chairman from among its members.

      [4.] 5.  The Committee shall meet regularly at least semiannually and may meet at other times upon the call of the Chairman. Any five members of the Committee constitute a quorum for the purpose of voting. A majority vote of the quorum is required to take action with respect to any matter.

      [5.] 6.  The Attorney General shall provide the Committee with such staff as is necessary to carry out the duties of the Committee.

      [6.] 7.  While engaged in the business of the Committee, each member and employee of the Committee is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 4.  NRS 484.37943 is hereby amended to read as follows:

      484.37943  1.  If a person is found guilty of a first violation, if the concentration of alcohol in the defendant’s blood or breath at the time of the offense was 0.18 or more, or any second violation of NRS 484.379 within 7 years, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4 , 5 or [5] 6 to determine whether he is an abuser of alcohol or other drugs.

      2.  If a person is convicted of a first violation of NRS 484.379 and he is under 21 years of age at the time of the violation, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4 , 5 or [5] 6 to determine whether he is an abuser of alcohol or other drugs.

      3.  Except as otherwise provided in subsection 4 , 5 or [5,] 6, the evaluation of an offender pursuant to this section must be conducted at an evaluation center by:

      (a) An alcohol and drug abuse counselor who is licensed or certified pursuant to chapter 641C of NRS to make that evaluation; or

      (b) A physician who is certified to make that evaluation by the Board of Medical Examiners,

 


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Ê who shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.

      4.  The evaluation of an offender who resides more than 30 miles from an evaluation center may be conducted outside an evaluation center by a person who has the qualifications set forth in subsection 3. The person who conducts the evaluation shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.

      5.  The evaluation of an offender who resides in another state may, upon approval of the court, be conducted in the state where the offender resides by a physician or other person who is authorized by the appropriate governmental agency in that state to conduct such an evaluation. The offender shall ensure that the results of the evaluation and the recommendation concerning the length and type of treatment for the offender are reported to the court.

      6.  The evaluation of an offender who resides in this State may, upon approval of the court, be conducted in another state by a physician or other person who is authorized by the appropriate governmental agency in that state to conduct such an evaluation if the location of the physician or other person in the other state is closer to the residence of the offender than the nearest location in this State at which an evaluation may be conducted. The offender shall ensure that the results of the evaluation and the recommendation concerning the length and type of treatment for the offender are reported to the court.

      7.  An offender who is evaluated pursuant to this section shall pay the cost of the evaluation. An evaluation center or a person who conducts an evaluation in this State outside an evaluation center shall not charge an offender more than $100 for the evaluation.

      Sec. 5.  NRS 484.37945 is hereby amended to read as follows:

      484.37945  1.  When a program of treatment is ordered pursuant to paragraph (a) or (b) of subsection 1 of NRS 484.3792, the court shall place the offender under the clinical supervision of a treatment facility for treatment for a period not to exceed 1 year, in accordance with the report submitted to the court pursuant to subsection 3, 4 , 5 or [5] 6 of NRS 484.37943. The court shall:

      (a) Order the offender confined in a treatment facility, then release the offender for supervised aftercare in the community; or

      (b) Release the offender for treatment in the community,

Ê for the period of supervision ordered by the court.

      2.  The court shall:

      (a) Require the treatment facility to submit monthly progress reports on the treatment of an offender pursuant to this section; and

      (b) Order the offender, to the extent of his financial resources, to pay any charges for his treatment pursuant to this section. If the offender does not have the financial resources to pay all those charges, the court shall, to the extent possible, arrange for the offender to obtain his treatment from a treatment facility that receives a sufficient amount of federal or state money to offset the remainder of the charges.

      3.  A treatment facility is not liable for any damages to person or property caused by a person who:

 


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ê2005 Statutes of Nevada, Page 35 (Chapter 18, SB 86)ê

 

      (a) Drives, operates or is in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engages in any other conduct prohibited by NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or a law of any other jurisdiction that prohibits the same or similar conduct,

Ê after the treatment facility has certified to his successful completion of a program of treatment ordered pursuant to paragraph (a) or (b) of subsection 1 of NRS 484.3792.

      Sec. 6.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 19, AB 107

Assembly Bill No. 107–Committee on Ways and Means

 

CHAPTER 19

 

AN ACT making a supplemental appropriation to the University and Community College System of Nevada for matching money for the National Direct Student Loan Program for Fiscal Year 2004-2005; and providing other matters properly relating thereto.

 

[Approved: April 6, 2005]

 

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 University and Community College System of Nevada the sum of $1,400 for matching money for the National Direct Student Loan Program for Fiscal Year 2004-2005. This appropriation is supplemental to that made by section 16 of chapter 327, Statutes of Nevada 2003, at page 1832.

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

________

 

CHAPTER 20, AB 489

Assembly Bill No. 489–Committee on Growth and Infrastructure

 

CHAPTER 20

 

AN ACT relating to the taxation of property; providing for the partial abatement of the ad valorem taxes imposed on property; directing the Legislative Commission to conduct an interim study of the taxation of real property; and providing other matters properly relating thereto.

 

[Approved: April 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The Legislature hereby finds and declares that:

      1.  In the last decade, the population in Nevada has increased 66 percent, with the majority of this growth occurring in Clark, Douglas, Lyon, Nye and Washoe Counties while, at the same time, other counties simultaneously experienced a decline in population;

 


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Nye and Washoe Counties while, at the same time, other counties simultaneously experienced a decline in population;

      2.  This rapid growth in population has resulted in a tremendous increase in both commercial and residential development which has contributed to an extreme rise in land values, in some cases up to 300 percent;

      3.  Increased land values translate into increased property tax bills, which is an unexpected financial burden to many property owners, a large number of whom are forced to live on fixed incomes which typically only increase minimally each year;

      4.  Besides the impact on residential property owners, commercial property owners are also experiencing or expected to experience skyrocketing property tax values in the near future as the new growth in this State generates increased demands for new businesses and rapidly increasing costs of construction reflecting in assessed values;

      5.  Providing equity for residential and commercial property owners is important to meeting the constitutional “uniform and equal” mandate contained in Article 10 of the Nevada Constitution but, given the broad reach of property taxes, achievement of such equity cannot be measured parcel by parcel but rather must be reasonably equitable given the scope of the undertaking;

      6.  Local governments are also impacted by this problem because, while some counties are expected to maintain existing service levels for new residents, other counties are struggling to provide even the most basic services under a decreased tax base;

      7.  State and local governments provide critical services to the residents of the State and must be assured of sufficient revenue to fund such services, including, without limitation, police and fire protection, welfare services, and educational services and facilities;

      8.  The current tax system in Nevada was not designed to accommodate this type of disparate growth in a minority of counties while many other counties in the State are experiencing decreases in growth;

      9.  A new property tax system must be considered which will allow relief to the residents whose property tax values have increased to such an extent as to jeopardize their ability to continue to live in their homes, while also accommodating the needs of rural communities where assessment values are decreasing and the burden on local governments in all counties that must provide for increased demands on services;

      10.  It is critical that a solution to this property tax crisis is found which takes into consideration the disparities among the different counties in Nevada, and which is fair and equitable to all property owners in the State and to local governments, whether large or small, rural or urban; and

      11.  The provisions of this act are necessary to ensure that the property owners of this State are protected from severely spiking property tax bills that will otherwise threaten their ability to continue living in their homes during the next 2 years while the Legislature studies our current property tax statutes to determine the appropriate remedy to the current property tax crisis.

      Sec. 2.  Chapter 361 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 7.5, inclusive, of this act.

      Sec. 3.  The Legislature hereby finds and declares that an increase in the tax bill of the owner of a home by more than 3 percent over the tax bill of that homeowner for the previous year constitutes a severe economic hardship within the meaning of subsection 10 of Section 1 of Article 10 of the Nevada Constitution.

 


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ê2005 Statutes of Nevada, Page 37 (Chapter 20, AB 489)ê

 

of that homeowner for the previous year constitutes a severe economic hardship within the meaning of subsection 10 of Section 1 of Article 10 of the Nevada Constitution. The Legislature therefore directs a partial abatement of taxes for such homeowners as follows:

      1.  Except as otherwise provided in subsection 2 or required to carry out the provisions of sections 5 and 7 of this act, the owner of a single-family residence which is the primary residence of the owner is entitled to a partial abatement of the ad valorem taxes levied in a county on that property each fiscal year equal to the amount by which the product of the combined rate of all ad valorem taxes levied in that county on the property for that fiscal year and the amount of the assessed valuation of the property which is taxable in that county for that fiscal year, excluding any increase in the assessed valuation of the property from the immediately preceding fiscal year as a result of any improvement to or change in the actual or authorized use of the property, exceeds the sum obtained by adding:

      (a) The amount of all the ad valorem taxes:

             (1) Levied in that county on the property for the immediately preceding fiscal year; or

             (2) Which would have been levied in that county on the property for the immediately preceding fiscal year if not for any exemptions from taxation that applied to the property for that prior fiscal year but do not apply to the property for the current fiscal year,

Ê whichever is greater; and

      (b) Three percent of the amount determined pursuant to paragraph (a).

      2.  The provisions of subsection 1 do not apply to any property for which:

      (a) No assessed valuation was separately established for the immediately preceding fiscal year; or

      (b) The provisions of subsection 1 of section 4 of this act provide a greater abatement from taxation.

      3.  The amount of any ad valorem taxes levied in a county which, if not for the provisions of subsection 1, would otherwise have been collected for any property for a fiscal year must, except as otherwise required to carry out the provisions of section 6 of this act, be deducted from the amount of ad valorem taxes each taxing entity would otherwise be entitled to receive for that fiscal year in the same proportion as the rate of ad valorem taxes levied in the county on the property by or on behalf of that taxing entity for that fiscal year bears to the combined rate of all ad valorem taxes levied in the county on the property by or on behalf of all taxing entities for that fiscal year. The provisions of this subsection and section 6 of this act must not be applied in any manner that reduces the amount of the partial abatement to which an owner of property is entitled pursuant to subsection 1 for any fiscal year.

      4.  The Nevada Tax Commission shall adopt such regulations as it deems appropriate to carry out this section.

      5.  The owner of a single-family residence does not become ineligible for the partial abatement provided pursuant to subsection 1 as a result of:

      (a) The operation of a home business out of a portion of that single-family residence; or

 


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ê2005 Statutes of Nevada, Page 38 (Chapter 20, AB 489)ê

 

      (b) The manner in which title is held by the owner if the owner occupies the residence, including, without limitation, if the owner has placed the title in a trust for purposes of estate planning.

      6.  For the purposes of this section:

      (a) “Ad valorem taxes levied in a county” means any ad valorem taxes levied by the State or any other taxing entity in a county.

      (b) “Single-family residence” means a parcel or other unit of real property or unit of personal property which is intended or designed to be occupied by one family with facilities for living, sleeping, cooking and eating.

      (c) “Taxing entity” means the State and any political subdivision or other legal entity in this State which has the right to receive money from ad valorem taxes.

      (d) “Unit of personal property” includes, without limitation, any:

             (1) Mobile or manufactured home, whether or not the owner thereof also owns the real property upon which it is located; or

             (2) Taxable unit of a condominium, common-interest community, planned unit development or similar property,

Ê if classified as personal property for the purposes of this chapter.

      (e) “Unit of real property” includes, without limitation, any taxable unit of a condominium, common-interest community, planned unit development or similar property, if classified as real property for the purposes of this chapter.

      Sec. 3.5.  The Legislature hereby finds and declares that many Nevadans who cannot afford to own their own homes would be adversely affected by large unanticipated increases in property taxes, as those tax increases are passed down to renters in the form of rent increases and therefore the benefits of a charitable exemption pursuant to subsection 8 of Section 1 of Article 10 of the Nevada Constitution should be afforded to those Nevadans through an abatement granted to the owners of residential rental dwellings who charge rent that does not exceed affordable housing standards for low-income housing. The Legislature therefore directs a partial abatement of taxes for such owners as follows:

      1.  Except as otherwise provided in subsection 2 or required to carry out the provisions of sections 5 and 7 of this act, if the amount of rent collected from each of the tenants of a residential dwelling does not exceed the fair market rent for the county in which the dwelling is located, as most recently published by the United States Department of Housing and Urban Development, the owner of the dwelling is entitled to a partial abatement of the ad valorem taxes levied in a county on that property for each fiscal year equal to the amount by which the product of the combined rate of all ad valorem taxes levied in that county on the property for that fiscal year and the amount of the assessed valuation of the property which is taxable in that county for that fiscal year, excluding any increase in the assessed valuation of the property from the immediately preceding fiscal year as a result of any improvement to or change in the actual or authorized use of the property, exceeds the sum obtained by adding:

      (a) The amount of all the ad valorem taxes:

             (1) Levied in that county on the property for the immediately preceding fiscal year; or

             (2) Which would have been levied in that county on the property for the immediately preceding fiscal year if not for any exemptions from taxation that applied to the property for that prior fiscal year but do not apply to the property for the current fiscal year,

 


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ê2005 Statutes of Nevada, Page 39 (Chapter 20, AB 489)ê

 

taxation that applied to the property for that prior fiscal year but do not apply to the property for the current fiscal year,

Ê whichever is greater; and

      (b) Three percent of the amount determined pursuant to paragraph (a).

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

      (a) Any hotels, motels or other forms of transient lodging;

      (b) Any property for which no assessed valuation was separately established for the immediately preceding fiscal year; and

      (c) Any property for which the provisions of subsection 1 of section 4 of this act provide a greater abatement from taxation.

      3.  The amount of any ad valorem taxes levied in a county which, if not for the provisions of subsection 1, would otherwise have been collected for any property for a fiscal year must, except as otherwise required to carry out the provisions of section 6 of this act, be deducted from the amount of ad valorem taxes each taxing entity would otherwise be entitled to receive for that fiscal year in the same proportion as the rate of ad valorem taxes levied in the county on the property by or on behalf of that taxing entity for that fiscal year bears to the combined rate of all ad valorem taxes levied in the county on the property by or on behalf of all taxing entities for that fiscal year. The provisions of this subsection and section 6 of this act must not be applied in any manner that reduces the amount of the partial abatement to which an owner of property is entitled pursuant to subsection 1 for any fiscal year.

      4.  The Nevada Tax Commission shall adopt such regulations as it deems appropriate to carry out this section.

      5.  For the purposes of this section:

      (a) “Ad valorem taxes levied in a county” means any ad valorem taxes levied by the State or any other taxing entity in a county.

      (b) “Taxing entity” means the State and any political subdivision or other legal entity in this State which has the right to receive money from ad valorem taxes.

      Sec. 4.  1.  Except as otherwise provided in subsection 3 or required to carry out the provisions of sections 5 and 7 of this act, the owner of any parcel or other taxable unit of property, including property entered on the central assessment roll, for which an assessed valuation was separately established for the immediately preceding fiscal year is entitled to a partial abatement of the ad valorem taxes levied in a county on that property each fiscal year equal to the amount by which the product of the combined rate of all ad valorem taxes levied in that county on the property for that fiscal year and the amount of the assessed valuation of the property which is taxable in that county for that fiscal year, excluding any increase in the assessed valuation of the property from the immediately preceding fiscal year as a result of any improvement to or change in the actual or authorized use of the property, exceeds the sum obtained by adding:

      (a) The amount of all the ad valorem taxes:

             (1) Levied in that county on the property for the immediately preceding fiscal year; or

             (2) Which would have been levied in that county on the property for the immediately preceding fiscal year if not for any exemptions from taxation that applied to the property for that prior fiscal year but do not apply to the property for the current fiscal year,

Ê whichever is greater; and

 


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ê2005 Statutes of Nevada, Page 40 (Chapter 20, AB 489)ê

 

      (b) A percentage of the amount determined pursuant to paragraph (a) which is equal to:

             (1) The lesser of:

                   (I) The average percentage of change in the assessed valuation of all the taxable property in the county, as determined by the Department, over the fiscal year in which the levy is made and the 9 immediately preceding fiscal years; or

                   (II) Eight percent; or

             (2) Twice the percentage of increase in the Consumer Price Index (All Items) for the immediately preceding calendar year,

Ê whichever is greater.

      2.  Except as otherwise required to carry out the provisions of sections 5 and 7 of this act, the owner of any remainder parcel of real property for which no assessed valuation was separately established for the immediately preceding fiscal year, is entitled to a partial abatement of the ad valorem taxes levied in a county on that property for a fiscal year equal to the amount by which the product of the combined rate of all ad valorem taxes levied in that county on the property for that fiscal year and the amount of the assessed valuation of the property which is taxable in that county for that fiscal year, excluding any amount of that assessed valuation attributable to any improvement to or change in the actual or authorized use of the property that would not have been included in the calculation of the assessed valuation of the property for the immediately preceding fiscal year if an assessed valuation had been separately established for that property for that prior fiscal year, exceeds the sum obtained by adding:

      (a) The amount of all the ad valorem taxes:

             (1) Which would have been levied in that county on the property for the immediately preceding fiscal year if an assessed valuation had been separately established for that property for that prior fiscal year based upon all the assumptions, costs, values, calculations and other factors and considerations that would have been used for the valuation of that property for that prior fiscal year; or

             (2) Which would have been levied in that county on the property for the immediately preceding fiscal year if an assessed valuation had been separately established for that property for that prior fiscal year based upon all the assumptions, costs, values, calculations and other factors and considerations that would have been used for the valuation of that property for that prior fiscal year, and if not for any exemptions from taxation that applied to the property for that prior fiscal year but do not apply to the property for the current fiscal year,

Ê whichever is greater; and

      (b) A percentage of the amount determined pursuant to paragraph (a) which is equal to:

             (1) The lesser of:

                   (I) The average percentage of change in the assessed valuation of all the taxable property in the county, as determined by the Department, over the fiscal year in which the levy is made and the 9 immediately preceding fiscal years; or

                   (II) Eight percent; or

             (2) Twice the percentage of increase in the Consumer Price Index (All Items) for the immediately preceding calendar year,

Ê whichever is greater.

 


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ê2005 Statutes of Nevada, Page 41 (Chapter 20, AB 489)ê

 

      3.  The provisions of subsection 1 do not apply to any property for which the provisions of subsection 1 of section 3 or subsection 1 of section 3.5 of this act provide a greater abatement from taxation.

      4.  The amount of any ad valorem taxes levied in a county which, if not for the provisions of subsections 1 and 2, would otherwise have been collected for any property for a fiscal year must, except as otherwise required to carry out the provisions of section 6 of this act, be deducted from the amount of ad valorem taxes each taxing entity would otherwise be entitled to receive for that fiscal year in the same proportion as the rate of ad valorem taxes levied in the county on the property by or on behalf of that taxing entity for that fiscal year bears to the combined rate of all ad valorem taxes levied in the county on the property by or on behalf of all taxing entities for that fiscal year. The provisions of this subsection and section 6 of this act must not be applied in any manner that reduces the amount of the partial abatement to which an owner of property is entitled pursuant to subsection 1 or 2 for any fiscal year.

      5.  The Nevada Tax Commission shall adopt such regulations as it deems appropriate to ensure that this section is carried out in a uniform and equal manner.

      6.  For the purposes of this section:

      (a) “Ad valorem taxes levied in a county” means any ad valorem taxes levied by the State or any other taxing entity in a county.

      (b) “Remainder parcel of real property” means a parcel of real property which remains after the creation of new parcels of real property for development from one or more existing parcels of real property, if the use of that remaining parcel has not changed from the immediately preceding fiscal year.

      (c) “Taxing entity” means the State and any political subdivision or other legal entity in this State which has the right to receive money from ad valorem taxes.

      Sec. 5.  1.  Notwithstanding the provisions of sections 3, 3.5 and 4 of this act, if the taxable value of any parcel or other taxable unit of property:

      (a) Decreases by 15 percent or more from its taxable value on July 1, 2003; and

      (b) For any fiscal year beginning on or after July 1, 2005, increases by 15 percent or more from its taxable value for the immediately preceding fiscal year,

Ê the amount of any ad valorem taxes levied in a county which, if not for the provisions of sections 3, 3.5 and 4 of this act, would otherwise have been collected for the property for that fiscal year as a result of that increase in taxable value, excluding any amount attributable to any increase in the taxable value of the property above the taxable value of the property on July 1, 2003, must be levied on the property and carried forward each fiscal year, without any penalty or interest, in such a manner that one-third of that amount may be collected during that fiscal year and each of the succeeding 2 fiscal years.

      2.  The amount of any taxes which are carried forward and levied on any property pursuant to this section must be added to the amount of ad valorem taxes each taxing entity would otherwise be entitled to receive for a fiscal year in the same proportion as the rate of ad valorem taxes levied in the county on the property by or on behalf of that taxing entity for that fiscal year bears to the combined rate of all ad valorem taxes levied in the county on the property by or on behalf of all taxing entities for that fiscal year.

 


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ê2005 Statutes of Nevada, Page 42 (Chapter 20, AB 489)ê

 

county on the property by or on behalf of all taxing entities for that fiscal year.

      3.  The Nevada Tax Commission shall adopt such regulations as it deems appropriate to ensure that this section is carried out in a uniform and equal manner.

      4.  For the purposes of this section:

      (a) “Ad valorem taxes levied in a county” means any ad valorem taxes levied by the State or any other taxing entity in a county.

      (b) “Taxing entity” means the State and any political subdivision or other legal entity in this State which has the right to receive money from ad valorem taxes.

      Sec. 6.  1.  A taxing entity may, if otherwise so authorized by law, increase the rate of an ad valorem tax imposed by or on behalf of that taxing entity for the payment of an obligation secured by the proceeds of that tax if:

      (a) The taxing entity determines that as a result of the application of sections 3, 3.5 and 4 of this act, the additional tax rate is necessary for the taxing entity to satisfy that obligation; and

      (b) The additional tax rate is stated separately on the tax bill of each taxpayer, with a separate line that identifies the portion of the tax liability resulting from the additional levy.

      2.  For the purposes of this section, “taxing entity” means the State and any political subdivision or other legal entity in this State which has the right to receive money from ad valorem taxes.

      Sec. 7.  1.  In addition or as an alternative to increasing the rate of an ad valorem tax pursuant to section 6 of this act, a taxing entity may, if otherwise so authorized by law and upon the approval of a majority of the registered voters of the county in which the taxing entity is located, levy or require the levy on its behalf of an ad valorem tax at a rate that is exempt from each partial abatement from taxation provided pursuant to sections 3, 3.5 and 4 of this act.

      2.  The exemption set forth in subsection 1 from the partial abatements provided in sections 3, 3.5 and 4 of this act does not apply to any portion of a rate that was approved by the voters before the effective date of this act.

      3.  A question that is placed on the ballot pursuant to subsection 1 must clearly indicate that any amount which is approved by the voters will be outside of the caps on an individual’s liability for ad valorem taxes.

      4.  For the purposes of this section, “taxing entity” means any political subdivision or other legal entity, other than the State, which has the right to receive money from any ad valorem taxes levied in a county.

      Sec. 7.5.  The Nevada Tax Commission shall adopt regulations which:

      1.  Provide a simple, easily understood form to be filled out by the owner or operator of a business to apply to the county assessor to request that the property of the business be valued pursuant to the income approach to measure any obsolescence of the property for tax assessment purposes.

      2.  Clearly set forth the methodology for applying the income approach to valuation for tax purposes of property used in a business when necessary to measure the obsolescence of the property in language that is likely to make the methodology easily understood by any business owner.

 


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ê2005 Statutes of Nevada, Page 43 (Chapter 20, AB 489)ê

 

      3.  Provide a procedure for a business to use the form required by subsection 1 in the most efficient manner possible to supply the information necessary to enable the county assessor to apply the income approach to the property of the business.

      Sec. 8.  NRS 361.465 is hereby amended to read as follows:

      361.465  1.  Immediately upon the levy of the tax rate the county clerk shall inform the county auditor of the action of the board of county commissioners. The county auditor shall proceed to extend the tax roll by:

      (a) Applying the tax rate levied to the total assessed valuation;

      (b) Ascertaining the total taxes to be collected from each property owner; and

      (c) Itemizing, separately for each property owner [, the] :

             (1) The rate of tax applicable to him which is levied for each local government, debt service and any other recipient of the tax revenue so that the distribution of the total rate of tax levied upon his property is shown [.] ; and

             (2) The total taxes that would have been collected from the owner if not for the provisions of sections 3 to 5, inclusive, of this act.

      2.  When the tax roll has been so extended, and not later than July 10 of each year, the county auditor shall deliver it, with his certificate attached, to the ex officio tax receiver of the county.

      Sec. 9.  Chapter 354 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A local government may not increase its total ad valorem tax rate for a fiscal year above its total ad valorem tax rate for the immediately preceding fiscal year without the approval of the Nevada Tax Commission, based upon the recommendation of the Committee on Local Government Finance. An application for such approval must be submitted to the Nevada Tax Commission.

      2.  The Nevada Tax Commission shall adopt such regulations as it deems appropriate to carry out the provisions of this section.

      Sec. 10.  1.  The Legislative Commission shall conduct an interim study of the taxation of real property in this State.

      2.  A subcommittee must be appointed for the study consisting of three members of the Senate appointed by the Majority Leader of the Senate and three members of the Assembly appointed by the Speaker of the Assembly.

      3.  The study must include, without limitation:

      (a) A review of the laws of this State governing the valuation, assessment and taxation of real property;

      (b) An examination of:

             (1) The factors which have contributed to the increasing amount of taxes paid by property owners in this State, including, without limitation, changes in population and property values; and

             (2) The manner and extent to which those factors may impose an excessive burden on the taxpayers in any county of this State; and

      (c) A determination of how those laws could be amended to ease the burdens resulting from those factors in a fair and equitable manner.

      4.  In conducting the study, the subcommittee shall seek information and suggestions from experts in the assessment and taxation of real property.

      5.  Any recommended legislation proposed by the subcommittee must be approved by a majority of the members of the Senate and a majority of the members of the Assembly who are appointed to the subcommittee.

 


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      6.  The Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the 74th Session of the Nevada Legislature.

      Sec. 11.  1.  The provisions of sections 3 to 7, inclusive, of this act do not apply to any taxes imposed for any period ending on or before June 30, 2005.

      2.  Notwithstanding any provision of section 7 of this act to the contrary, if the levy of an ad valorem tax has been approved by a majority of the registered voters of a county before the effective date of this act and no portion of that levy has commenced before the effective date of this act, that levy shall be deemed to be approved and levied pursuant to section 7 of this act and to be exempt from each partial abatement from taxation provided pursuant to sections 3, 3.5 and 4 of this act.

      Sec. 12.  If any portion of this act is held to be unconstitutional or invalid for any reason by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this act. The Legislature hereby declares that:

      1.  It would have passed section 3 of this act irrespective of any other portion of this act which may be deemed unconstitutional or otherwise invalid.

      2.  It would have passed section 3.5 of this act irrespective of any other portion of this act which may be deemed unconstitutional or otherwise invalid.

      3.  It would have passed section 4 of this act irrespective of any other portion of this act which may be deemed unconstitutional or otherwise invalid.

      Sec. 13.  This act becomes effective upon passage and approval.

________

 

CHAPTER 21, SB 85

Senate Bill No. 85–Senator Carlton

 

CHAPTER 21

 

AN ACT relating to dentistry; revising provisions governing the examination of applicants for a permanent license to practice dentistry; revising provisions governing the issuance of a temporary license to practice dentistry; and providing other matters properly relating thereto.

 

[Approved: April 11, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 631.240 is hereby amended to read as follows:

      631.240  1.  Any person desiring to obtain a license to practice dentistry in this State, after having complied with the regulations of the Board to determine eligibility [, must:

      (a) Present] :

      (a) Must present to the Board a certificate granted by the Joint Commission on National Dental Examinations which contains a notation that the applicant has passed the National Board Dental Examination with an average score of at least 75; and

 


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ê2005 Statutes of Nevada, Page 45 (Chapter 21, SB 85)ê

 

      (b) [Be examined] Except as otherwise provided in this chapter, must:

             (1) Successfully complete a clinical examination given by the Board [on] which examines the applicant’s practical knowledge of dentistry [.] and which includes demonstrations of the applicant’s skill in dentistry; or

             (2) Present to the Board a certificate granted by the Western Regional Examining Board which contains a notation that the applicant has passed, within the 5 years immediately preceding the date of the application, a clinical examination administered by the Western Regional Examining Board.

      2.  The Board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the Board.

      3.  [Except as otherwise provided in NRS 631.255, 631.271, 631.272 and 631.274, the examination required by paragraph (b) of subsection 1 must include clinical demonstrations of the applicant’s skill in dentistry.

      4.]  All persons who [present the appropriate certificate and successfully complete the examination] have satisfied the requirements for licensure as a dentist must be registered as licensed dentists on the board register, as provided in this chapter, and are entitled to receive a certificate of registration, signed by the member of the Board who is a representative of the general public and those members of the Board who are dentists.

      Sec. 2.  NRS 631.255 is hereby amended to read as follows:

      631.255  1.  The Board may, without a clinical [demonstration] examination required by NRS 631.240, issue a specialist’s license to a person who:

      (a) Presents a current certification as a diplomate from a certifying board approved by the Commission on Dental Accreditation of the American Dental Association;

      (b) Has an active license to practice dentistry pursuant to the laws of another state or territory of the United States, or the District of Columbia;

      (c) Is a specialist as identified by the Board;

      (d) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240; and

      (e) Submits the statement required by NRS 631.225.

      2.  The Board shall not issue a specialist’s license to a person:

      (a) Whose license to practice dentistry has been revoked or suspended;

      (b) Who has been refused a license to practice dentistry; or

      (c) Who is involved in or has pending a disciplinary action concerning his license to practice dentistry,

Ê in this State, another state or territory of the United States, or the District of Columbia.

      3.  The Board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the Board.

      4.  A person to whom a specialist’s license is issued pursuant to this section shall limit his practice to the specialty.

      5.  The Board shall revoke a specialist’s license at any time upon proof satisfactory to the Board that the holder of the license violated any provision of this section or the regulations of the Board.

      Sec. 3.  NRS 631.255 is hereby amended to read as follows:

      631.255  1.  The Board may, without a clinical [demonstration] examination required by NRS 631.240, issue a specialist’s license to a person who:

 


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ê2005 Statutes of Nevada, Page 46 (Chapter 21, SB 85)ê

 

      (a) Presents a current certification as a diplomate from a certifying board approved by the Commission on Dental Accreditation of the American Dental Association;

      (b) Has an active license to practice dentistry pursuant to the laws of another state or territory of the United States, or the District of Columbia;

      (c) Is a specialist as identified by the Board; and

      (d) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240.

      2.  The Board shall not issue a specialist’s license to a person:

      (a) Whose license to practice dentistry has been revoked or suspended;

      (b) Who has been refused a license to practice dentistry; or

      (c) Who is involved in or has pending a disciplinary action concerning his license to practice dentistry,

Ê in this State, another state or territory of the United States, or the District of Columbia.

      3.  The Board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the Board.

      4.  A person to whom a specialist’s license is issued pursuant to this section shall limit his practice to the specialty.

      5.  The Board shall revoke a specialist’s license at any time upon proof satisfactory to the Board that the holder of the license violated any provision of this section or the regulations of the Board.

      Sec. 4.  NRS 631.271 is hereby amended to read as follows:

      631.271  1.  The Board shall, without a clinical [demonstration] examination required by NRS 631.240 or a practical examination required by NRS 631.300, issue a limited license to practice dentistry or dental hygiene to a person who:

      (a) Is qualified for a license to practice dentistry or dental hygiene in this State;

      (b) Pays the required application fee; and

      (c) Has entered into a contract with the University and Community College System of Nevada to provide services as a dental intern, dental resident or instructor of dentistry or dental hygiene at an educational or outpatient clinic, hospital or other facility of the University and Community College System of Nevada.

      2.  The Board shall not issue a limited license to a person:

      (a) Who has been issued a license to practice dentistry or dental hygiene if:

             (1) The person is involved in a disciplinary action concerning the license; or

             (2) The license has been revoked or suspended; or

      (b) Who has been refused a license to practice dentistry or dental hygiene,

Ê in this State, another state or territory of the United States, or the District of Columbia.

      3.  A person to whom a limited license is issued pursuant to subsection 1:

      (a) May practice dentistry or dental hygiene in this State only:

             (1) At the educational or outpatient clinic, hospital or other facility where he is employed; and

             (2) In accordance with the contract required by paragraph (c) of subsection 1.

 


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ê2005 Statutes of Nevada, Page 47 (Chapter 21, SB 85)ê

 

      (b) Shall not, for the duration of the limited license, engage in the private practice of dentistry or dental hygiene in this State or accept compensation for the practice of dentistry or dental hygiene except such compensation as may be paid to him by the University and Community College System of Nevada for services provided as a dental intern, dental resident or instructor of dentistry or dental hygiene.

      4.  A limited license expires 1 year after its date of issuance and may be renewed on or before the date of its expiration. The holder of a limited license may, upon compliance with the requirements set forth in subsection 2 of NRS 631.330 and the completion of a review conducted at the discretion of the Board, be granted a renewal certificate that authorizes the continuation of practice pursuant to the limited license for 1 year.

      5.  Within 7 days after the termination of his contract required by paragraph (c) of subsection 1, the holder of a limited license shall notify the Board of the termination, in writing, and surrender the limited license to the Board.

      6.  The Board may revoke a limited license at any time upon proof satisfactory to the Board that the holder of the license violated any provision of this chapter or the regulations of the Board.

      Sec. 5.  NRS 631.272 is hereby amended to read as follows:

      631.272  1.  [The] Except as otherwise provided in this section, the Board shall, without a clinical [demonstration] examination required by NRS 631.240, issue a temporary license to practice dentistry to a person who:

      (a) Has a license to practice dentistry issued pursuant to the laws of another state or territory of the United States, or the District of Columbia;

      (b) Has practiced dentistry pursuant to the laws of another state or territory of the United States, or the District of Columbia, for a minimum of 5 years;

      (c) Has not had his license to practice dentistry revoked or suspended in this State, another state or territory of the United States, or the District of Columbia;

      (d) Has not been refused a license to practice dentistry in this State, another state or territory of the United States, or the District of Columbia;

      (e) Is not involved in or does not have pending a disciplinary action concerning his license to practice dentistry in this State, another state or territory of the United States, or the District of Columbia;

      (f) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240; and

      (g) Submits the statement required by NRS 631.225.

      2.  A person to whom a temporary license is issued pursuant to subsection 1 may:

      (a) Practice dentistry for the duration of the temporary license; and

      (b) Apply for a permanent license to practice dentistry without a clinical [demonstration] examination required by NRS 631.240 if:

             (1) The person has held a temporary license to practice dentistry pursuant to subsection 1 for a minimum of 2 years; and

             (2) The person has not been involved in any disciplinary action during the time he has held a temporary license pursuant to subsection 1.

      3.  The Board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the Board.

 


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ê2005 Statutes of Nevada, Page 48 (Chapter 21, SB 85)ê

 

      4.  The Board shall not, on or after July 1, 2006, issue any additional temporary licenses to practice dentistry pursuant to this section.

      5.  Any person who, on July 1, 2006, holds a temporary license to practice dentistry issued pursuant to this section may, subject to the regulatory and disciplinary authority of the Board, practice dentistry under the temporary license until December 31, 2008, or until the person is qualified to apply for and is issued or denied a permanent license to practice dentistry in accordance with this section, whichever period is shorter.

      Sec. 6.  NRS 631.272 is hereby amended to read as follows:

      631.272  1.  [The] Except as otherwise provided in this section, the Board shall, without a clinical [demonstration] examination required by NRS 631.240, issue a temporary license to practice dentistry to a person who:

      (a) Has a license to practice dentistry issued pursuant to the laws of another state or territory of the United States, or the District of Columbia;

      (b) Has practiced dentistry pursuant to the laws of another state or territory of the United States, or the District of Columbia, for a minimum of 5 years;

      (c) Has not had his license to practice dentistry revoked or suspended in this State, another state or territory of the United States, or the District of Columbia;

      (d) Has not been refused a license to practice dentistry in this State, another state or territory of the United States, or the District of Columbia;

      (e) Is not involved in or does not have pending a disciplinary action concerning his license to practice dentistry in this State, another state or territory of the United States, or the District of Columbia; and

      (f) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240.

      2.  A person to whom a temporary license is issued pursuant to subsection 1 may:

      (a) Practice dentistry for the duration of the temporary license; and

      (b) Apply for a permanent license to practice dentistry without a clinical [demonstration] examination required by NRS 631.240 if:

             (1) The person has held a temporary license to practice dentistry pursuant to subsection 1 for a minimum of 2 years; and

             (2) The person has not been involved in any disciplinary action during the time he has held a temporary license pursuant to subsection 1.

      3.  The Board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the Board.

      4.  The Board shall not, on or after July 1, 2006, issue any additional temporary licenses to practice dentistry pursuant to this section.

      5.  Any person who, on July 1, 2006, holds a temporary license to practice dentistry issued pursuant to this section may, subject to the regulatory and disciplinary authority of the Board, practice dentistry under the temporary license until December 31, 2008, or until the person is qualified to apply for and is issued or denied a permanent license to practice dentistry in accordance with this section, whichever period is shorter.

      Sec. 7.  NRS 631.274 is hereby amended to read as follows:

      631.274  1.  The Board shall, without a clinical [demonstration] examination required by NRS 631.240 or a practical examination required by NRS 631.300, issue a restricted geographical license to practice dentistry or dental hygiene to a person if he meets the requirements of subsection 2 and:

 


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ê2005 Statutes of Nevada, Page 49 (Chapter 21, SB 85)ê

 

by NRS 631.300, issue a restricted geographical license to practice dentistry or dental hygiene to a person if he meets the requirements of subsection 2 and:

      (a) A board of county commissioners submits a request that the Board of Dental Examiners of Nevada waive the requirements of NRS 631.240 or 631.300 for any applicant intending to practice dentistry or dental hygiene in a rural area of a county in which dental or dental hygiene needs are underserved as that term is defined by the officer of rural health of the University of Nevada School of Medicine; or

      (b) The director of a federally qualified health center or a nonprofit clinic submits a request that the Board waive the requirements of NRS 631.240 or 631.300 for any applicant who has entered into a contract with a federally qualified health center or nonprofit clinic which treats underserved populations in Washoe County or Clark County.

      2.  A person may apply for a restricted geographical license if he:

      (a) Has a license to practice dentistry or dental hygiene issued pursuant to the laws of another state or territory of the United States, or the District of Columbia;

      (b) Is otherwise qualified for a license to practice dentistry or dental hygiene in this State;

      (c) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240 or 631.300; and

      (d) Submits the statement required by NRS 631.225.

      3.  The Board shall not issue a restricted geographical license to a person:

      (a) Whose license to practice dentistry or dental hygiene has been revoked or suspended;

      (b) Who has been refused a license to practice dentistry or dental hygiene; or

      (c) Who is involved in or has pending a disciplinary action concerning his license to practice dentistry or dental hygiene,

Ê in this State, another state or territory of the United States, or the District of Columbia.

      4.  The Board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the Board.

      5.  A person to whom a restricted geographical license is issued pursuant to this section:

      (a) May practice dentistry or dental hygiene only in the county which has requested the restricted geographical licensure pursuant to paragraph (a) of subsection 1.

      (b) Shall not, for the duration of the restricted geographical license, engage in the private practice of dentistry or dental hygiene in this State or accept compensation for the practice of dentistry or dental hygiene except such compensation as may be paid to him by a federally qualified health center or nonprofit clinic pursuant to paragraph (b) of subsection 1.

      6.  Within 7 days after the termination of his contract pursuant to paragraph (b) of subsection 1, the holder of a restricted geographical license shall notify the Board of the termination, in writing, and surrender the restricted geographical license.

      7.  A person to whom a restricted geographical license was issued pursuant to this section may petition the Board for an unrestricted license without a clinical [demonstration] examination required by NRS 631.240 or a practical examination required by NRS 631.300 if the person:

 


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ê2005 Statutes of Nevada, Page 50 (Chapter 21, SB 85)ê

 

without a clinical [demonstration] examination required by NRS 631.240 or a practical examination required by NRS 631.300 if the person:

      (a) Has not had his license to practice dentistry or dental hygiene revoked or suspended in this State, another state or territory of the United States, or the District of Columbia;

      (b) Has not been refused a license to practice dentistry or dental hygiene in this State, another state or territory of the United States, or the District of Columbia;

      (c) Is not involved in or does not have pending a disciplinary action concerning his license to practice dentistry or dental hygiene in this State, another state or territory of the United States, or the District of Columbia; and

      (d) Has:

             (1) Actively practiced dentistry or dental hygiene for 3 years at a minimum of 30 hours per week in the restricted geographical area; or

             (2) Been under contract with a federally qualified health center or nonprofit clinic for a minimum of 3 years.

      8.  The Board shall revoke a restricted geographical license at any time upon proof satisfactory to the Board that the holder of the license violated any provision of this section or the regulations of the Board.

      Sec. 8.  NRS 631.274 is hereby amended to read as follows:

      631.274  1.  The Board shall, without a clinical [demonstration] examination required by NRS 631.240 or a practical examination required by NRS 631.300, issue a restricted geographical license to practice dentistry or dental hygiene to a person if he meets the requirements of subsection 2 and:

      (a) A board of county commissioners submits a request that the Board of Dental Examiners of Nevada waive the requirements of NRS 631.240 or 631.300 for any applicant intending to practice dentistry or dental hygiene in a rural area of a county in which dental or dental hygiene needs are underserved as that term is defined by the officer of rural health of the University of Nevada School of Medicine; or

      (b) The director of a federally qualified health center or a nonprofit clinic submits a request that the Board waive the requirements of NRS 631.240 or 631.300 for any applicant who has entered into a contract with a federally qualified health center or nonprofit clinic which treats underserved populations in Washoe County or Clark County.

      2.  A person may apply for a restricted geographical license if he:

      (a) Has a license to practice dentistry or dental hygiene issued pursuant to the laws of another state or territory of the United States, or the District of Columbia;

      (b) Is otherwise qualified for a license to practice dentistry or dental hygiene in this State; and

      (c) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240 or 631.300.

      3.  The Board shall not issue a restricted geographical license to a person:

      (a) Whose license to practice dentistry or dental hygiene has been revoked or suspended;

      (b) Who has been refused a license to practice dentistry or dental hygiene; or

 


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ê2005 Statutes of Nevada, Page 51 (Chapter 21, SB 85)ê

 

      (c) Who is involved in or has pending a disciplinary action concerning his license to practice dentistry or dental hygiene,

Ê in this State, another state or territory of the United States, or the District of Columbia.

      4.  The Board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the Board.

      5.  A person to whom a restricted geographical license is issued pursuant to this section:

      (a) May practice dentistry or dental hygiene only in the county which has requested the restricted geographical licensure pursuant to paragraph (a) of subsection 1.

      (b) Shall not, for the duration of the restricted geographical license, engage in the private practice of dentistry or dental hygiene in this State or accept compensation for the practice of dentistry or dental hygiene except such compensation as may be paid to him by a federally qualified health center or nonprofit clinic pursuant to paragraph (b) of subsection 1.

      6.  Within 7 days after the termination of his contract pursuant to paragraph (b) of subsection 1, the holder of a restricted geographical license shall notify the Board of the termination, in writing, and surrender the restricted geographical license.

      7.  A person to whom a restricted geographical license was issued pursuant to this section may petition the Board for an unrestricted license without a clinical [demonstration] examination required by NRS 631.240 or a practical examination required by NRS 631.300 if the person:

      (a) Has not had his license to practice dentistry or dental hygiene revoked or suspended in this State, another state or territory of the United States, or the District of Columbia;

      (b) Has not been refused a license to practice dentistry or dental hygiene in this State, another state or territory of the United States, or the District of Columbia;

      (c) Is not involved in or does not have pending a disciplinary action concerning his license to practice dentistry or dental hygiene in this State, another state or territory of the United States, or the District of Columbia; and

      (d) Has:

             (1) Actively practiced dentistry or dental hygiene for 3 years at a minimum of 30 hours per week in the restricted geographical area; or

             (2) Been under contract with a federally qualified health center or nonprofit clinic for a minimum of 3 years.

      8.  The Board shall revoke a restricted geographical license at any time upon proof satisfactory to the Board that the holder of the license violated any provision of this section or the regulations of the Board.

      Sec. 9.  Section 12 of chapter 340, Statutes of Nevada 2001, as last amended by chapter 2, Statutes of Nevada 2003, at page 66, is hereby amended to read as follows:

      Sec. 12.  1.  This section and sections 1 to 5, inclusive, 7, 7.5 and 8 of this act become effective on October 1, 2001.

      2.  [Section 6 of this act becomes effective on October 1, 2005.

      3.]  Sections 9, 10 and 11 of this act become effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

 


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ê2005 Statutes of Nevada, Page 52 (Chapter 21, SB 85)ê

 

or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

      [4.  Section 2 of this act expires by limitation on September 30, 2005.

      5.  Section 9 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States only if that date occurs before September 30, 2005. If section 9 of this act becomes effective, that section expires by limitation on September 30, 2005.]

      Sec. 10.  Section 6 of chapter 340, Statutes of Nevada 2001, at page 1610, is hereby repealed.

      Sec. 11.  Any person who has applied for a permanent license to practice dentistry pursuant to chapter 631 of NRS and whose application is pending on July 1, 2005, must be issued a permanent license to practice dentistry if the person meets either the requirements for the issuance of the license in effect before the enactment of this act or the requirements for the issuance of the license in effect after the enactment of this act.

      Sec. 12.  1.  This section and sections 1, 2, 4, 5, 7, 9, 10 and 11 of this act become effective on July 1, 2005.

      2.  Sections 2, 5 and 7 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

      3.  Sections 3, 6 and 8 of this act become effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

 


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ê2005 Statutes of Nevada, Page 53 (Chapter 21, SB 85)ê

 

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

_______

 

CHAPTER 22, AB 94

Assembly Bill No. 94–Committee on Ways and Means

 

CHAPTER 22

 

AN ACT making a supplemental appropriation to the State Department of Conservation and Natural Resources for the costs of terminal leave, tort insurance premiums paid by the Division of Conservation Districts and updating joint funding agreements between the United States Geological Survey and the Division of Water Resources; and providing other matters properly relating thereto.

 

[Approved: April 13, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the State Department of Conservation and Natural Resources the sum of $79,602 for an unanticipated shortfall in money for Fiscal Year 2004-2005 to be allocated as follows:

For costs of terminal leave.............................................................. $28,090

For costs of tort insurance premiums paid by the Division of Conservation Districts    $36,532

For the updating of joint funding agreements between the United States Geological Survey and the Division of Water Resources..................................................................................... $14,980

      2.  The appropriation made by subsection 1 is supplemental to that made by section 25 of chapter 327, Statutes of Nevada 2003, at page 1835.

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

________

 

CHAPTER 23, AB 95

Assembly Bill No. 95–Committee on Ways and Means

 

CHAPTER 23

 

AN ACT making a supplemental appropriation to the Department of Business and Industry for an unanticipated shortfall in money for Fiscal Years 2003-2004 and 2004-2005 resulting from the reclassification of positions in the Nevada Athletic Commission; and providing other matters properly relating thereto.

 

[Approved: April 13, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Department of Business and Industry for an unanticipated shortfall in money resulting from the reclassification of positions in the Nevada Athletic Commission:

 


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ê2005 Statutes of Nevada, Page 54 (Chapter 23, AB 95)ê

 

shortfall in money resulting from the reclassification of positions in the Nevada Athletic Commission:

For the Fiscal Year 2003-2004...................................................................... $7,963

For the Fiscal Year 2004-2005...................................................................... $7,241

      2.  This appropriation is supplemental to that made by section 23 of chapter 327, Statutes of Nevada 2003, at page 1835.

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

________

 

CHAPTER 24, SB 132

Senate Bill No. 132–Committee on Transportation and Homeland Security

 

CHAPTER 24

 

AN ACT relating to traffic laws; authorizing a peace officer to issue a traffic citation that is prepared electronically; and providing other matters properly relating thereto.

 

[Approved: April 22, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 484.807 is hereby amended to read as follows:

      484.807  1.  It is unlawful for [any] a person to violate his written promise to appear given to a peace officer upon the issuance of a traffic citation prepared manually [,] or electronically, regardless of the disposition of the charge for which the citation was originally issued.

      2.  A person may comply with a written promise to appear in court by an appearance by counsel.

      3.  A warrant may issue upon a violation of a written promise to appear.

________

 

CHAPTER 25, SB 73

Senate Bill No. 73–Senator Nolan

 

CHAPTER 25

 

AN ACT relating to hazardous materials; revising provisions relating to certain fees charged and collected by the State Emergency Response Commission concerning the storage or transportation of extremely hazardous waste and the reporting of toxic chemical releases; and providing other matters properly relating thereto.

 

[Approved: April 22, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 459.744 is hereby amended to read as follows:

      459.744  The Commission shall establish by regulation:

 


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ê2005 Statutes of Nevada, Page 55 (Chapter 25, SB 73)ê

 

      1.  A schedule of fees for its services and regulatory activities. The fees must be set at an amount which approximates the cost to the Commission of performing those services and activities.

      2.  A fee, not to exceed $15,000 per year, to be paid , except as otherwise provided in subsection 5, by each person who stores an extremely hazardous material in an amount greater than the threshold planning quantity established for such material in 40 C.F.R. Part 355, Appendix A or B. The fee must include:

      (a) A filing fee for each facility in which such material is stored; and

      (b) A surcharge for each ton of such material stored in excess of 1 ton,

Ê and must be paid on or before March 1 of each year for the preceding calendar year.

      3.  A fee, not to exceed $2,000 per year, to be paid by each person who manufactures for transport an extremely hazardous material in an amount greater than the threshold planning quantity established for such material in 40 C.F.R. Part 355, Appendix A or B. The fee must include:

      (a) A filing fee for each facility in which such material is manufactured; and

      (b) A surcharge for each ton of such material which is manufactured for transport in this State,

Ê and must be paid on or before January 31 of each year for the preceding calendar year.

      4.  A reporting fee [of $500] , not to exceed $15,000 per year, to be paid , except as otherwise provided in subsection 5, by each person who is required to submit a toxic chemical release form pursuant to 42 U.S.C. §§ 11001 et seq., which becomes due upon the filing of the form.

      5.  A method for limiting the amount of the fees established pursuant to subsections 2 and 4 so that the aggregate amount of the fees imposed on a person during any calendar year does not exceed $15,000.

      Sec. 2.  As soon as practicable after the effective date of this act, the State Emergency Response Commission shall refund to a person any fees in excess of $7,500 paid by that person pursuant to subsection 4 of NRS 459.744 for each of the 2003 and 2004 calendar years.

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

________

 

CHAPTER 26, AB 97

Assembly Bill No. 97–Committee on Ways and Means

 

CHAPTER 26

 

AN ACT making an appropriation to the Account for the Governor’s Portrait to provide money for the preparation and framing of a portrait of Governor Kenny C. Guinn; and providing other matters properly relating thereto.

 

[Approved: April 25, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Account for the Governor’s Portrait created by NRS 223.121 the sum of $20,000 for the preparation and framing of a portrait of Governor Kenny C.

 


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ê2005 Statutes of Nevada, Page 56 (Chapter 26, AB 97)ê

 

of $20,000 for the preparation and framing of a portrait of Governor Kenny C. Guinn.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

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

________

 

CHAPTER 27, SB 94

Senate Bill No. 94–Committee on Finance

 

CHAPTER 27

 

AN ACT making appropriations to restore the balance in the Contingency Fund; and providing other matters properly relating thereto.

 

[Approved: April 25, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Contingency Fund created by NRS 353.266 the sum of $12,000,000 to restore the balance in the Contingency Fund attributable to the State General Fund.

      2.  There is hereby appropriated from the State Highway Fund to the Contingency Fund created by NRS 353.266 the sum of $964,701 to restore the balance in the Contingency Fund attributable to the State Highway Fund. The money appropriated in this subsection must be accounted for separately and may only be used for expenditures that may be properly made from the State Highway Fund.

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

________

 

CHAPTER 28, SB 496

Senate Bill No. 496–Committee on Finance

 

CHAPTER 28

 

AN ACT making an appropriation and authorizing the expenditure of federal money for early funding for the design of the Las Vegas Readiness Center; and providing other matters properly relating thereto.

 

[Approved: May 3, 2005]

 

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 State Public Works Board the sum of $617,578 and the sum of $317,520 from federal sources is hereby authorized for expenditure to support the Board in carrying out the capital improvement summarized in this section. These amounts are allocated to the project numbered and described in the Executive Budget for Fiscal Years 2005-2006 and 2006-2007 or otherwise described as follows:

 


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ê2005 Statutes of Nevada, Page 57 (Chapter 28, SB 496)ê

 

Executive Budget for Fiscal Years 2005-2006 and 2006-2007 or otherwise described as follows:

      Description                                                           Project No.               Amount

      Capital improvement for the Office of the Military:

Design of the Las Vegas Readiness Center..... 05-C13             $935,098

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

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

________

 

CHAPTER 29, AB 243

Assembly Bill No. 243–Assemblyman Marvel

 

CHAPTER 29

 

AN ACT relating to estates in property; revising the definition of “securities account” for the purposes of the Uniform TOD Security Registration Act; and providing other matters properly relating thereto.

 

[Approved: May 3, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 111.540 is hereby amended to read as follows:

      111.540  “Security” means a share, participation or other interest in property, in a business or in an obligation of an enterprise or other issuer. The term includes a certificated security, an uncertificated security and a securities account. As used in this section, “securities account” means:

      1.  A reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, cash equivalents, interest, earnings or dividends earned or declared on a security in a securities account, a reinvestment account or a brokerage account, whether or not credited to the account before the owner’s death; [or]

      2.  An investment management or custody account with a trust company or a trust division of a bank with trust powers, including the securities in the account, a cash balance in the account, cash, cash equivalents, interest, earnings or dividends earned or declared on a security in the account, whether or not credited to the account before the owner’s death; or

      3.  A cash balance or other property held for or due to the owner of a security as a replacement for or product of a security held in a securities account, whether or not credited to the account before the owner’s death.

________

 

 


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ê2005 Statutes of Nevada, Page 58ê

 

CHAPTER 30, AB 445

Assembly Bill No. 445–Committee on Judiciary

 

CHAPTER 30

 

AN ACT relating to the administration of public agencies; transferring the Committee on Testing for Intoxication from the Department of Motor Vehicles to the Department of Public Safety; and providing other matters properly relating thereto.

 

[Approved: May 3, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 481.015 is hereby amended to read as follows:

      481.015  1.  Except as otherwise provided in this subsection, as used in this title, unless the context otherwise requires, “certificate of title” means the document issued by the Department that identifies the legal owner of a vehicle and contains the information required pursuant to subsection 2 of NRS 482.245. The definition set forth in this subsection does not apply to chapters 488 and 489 of NRS.

      2.  Except as otherwise provided in chapters 480 and 486A of NRS [and] , NRS 484.388 to 484.3888, inclusive, NRS 486.363 to 486.377, inclusive, and 488.480, as used in this title, unless the context otherwise requires:

      (a) “Department” means the Department of Motor Vehicles.

      (b) “Director” means the Director of the Department of Motor Vehicles.

      Sec. 2.  NRS 484.388 is hereby amended to read as follows:

      484.388  1.  There is hereby created the Committee on Testing for Intoxication, consisting of five members.

      2.  The Director of the Department of Public Safety or his delegate is the Chairman of the Committee. The remaining members of the Committee are appointed by the Director and serve at his pleasure. At least three of the members appointed by the Director must be technically qualified in fields related to testing for intoxication. Not more than three members of the Committee may be from any one county.

      3.  The Committee shall meet at the call of the Director of the Department of Public Safety and as frequently as the Committee deems necessary. Three members of the Committee constitute a quorum. If a member is unable to attend a meeting, he may be represented by an alternate approved by the Director.

      4.  Any person who is aggrieved by a decision of the Committee may appeal in writing to a hearing officer of the Department [.] of Public Safety.

      Sec. 3.  NRS 484.3882 is hereby amended to read as follows:

      484.3882  1.  The Committee on Testing for Intoxication shall:

      (a) In the manner set forth in subsection 2, certify a device that the Committee determines is designed and manufactured to be accurate and reliable for the purpose of testing a person’s breath to determine the concentration of alcohol in the person’s breath; and

      (b) Create, maintain and make available to the public, free of charge, a list of those devices certified by the Committee, described by manufacturer and type.

 


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ê2005 Statutes of Nevada, Page 59 (Chapter 30, AB 445)ê

 

      2.  To determine whether a device is designed and manufactured to be accurate and reliable for the purpose of testing a person’s breath to determine the concentration of alcohol in the person’s breath, the Committee may:

      (a) Use the list of qualified products meeting the requirements for evidential breath-testing devices of the National Highway Traffic Safety Administration; or

      (b) Establish its own standards and procedures for evaluating those devices and obtain evaluations of the devices from the Director of the Department of Public Safety or his agent.

      3.  If such a device has been certified by the Committee to be accurate and reliable pursuant to this section, it is presumed that, as designed and manufactured, the device is accurate and reliable for the purpose of testing a person’s breath to determine the concentration of alcohol in the person’s breath.

      4.  This section does not preclude the admission of evidence of the concentration of alcohol in a person’s breath where the information is obtained through the use of a device other than one of a type certified by the Committee.

      Sec. 4.  NRS 484.3884 is hereby amended to read as follows:

      484.3884  1.  The Committee on Testing for Intoxication shall adopt regulations which:

      (a) Prescribe standards and procedures for calibrating devices used for testing a person’s breath to determine the concentration of alcohol in the person’s breath. The regulations must specify the period within which a law enforcement agency that uses such a device must calibrate it or have it calibrated by the Director of the Department of Public Safety or his agent.

      (b) Establish methods for ascertaining the competence of persons to calibrate such devices and provide for the examination and certification of those persons by the Department [.] of Public Safety. A certificate issued by the Department may not be made effective for longer than 3 years.

      (c) Prescribe the form and contents of records respecting the calibration of such devices which must be kept by a law enforcement agency and any other records respecting the maintenance or operation of those devices which it finds should be kept by such an agency.

      2.  The Director of the Department of Public Safety shall issue a certificate to any person who is found competent to calibrate such a device or examine others on their competence in that calibration.

      Sec. 5.  NRS 484.3886 is hereby amended to read as follows:

      484.3886  1.  The Committee on Testing for Intoxication shall adopt regulations which:

      (a) Establish methods for ascertaining the competence of persons to:

             (1) Operate devices for testing a person’s breath to determine the concentration of alcohol in the person’s breath.

             (2) Examine prospective operators and determine their competence.

      (b) Provide for certification of operators and examiners by the Department [.] of Public Safety. A certificate issued by the Department may not be made effective for longer than 3 years.

Ê A person who is certified as an examiner is presumed to be certified as an operator.

      2.  The Director of the Department of Public Safety shall issue a certificate to any person who is found competent to operate such a device or examine others on their competence in that operation.

 


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ê2005 Statutes of Nevada, Page 60 (Chapter 30, AB 445)ê

 

      3.  A court shall take judicial notice of the certification of a person to operate devices of one of the certified types. If a test to determine the concentration of alcohol in a person’s breath has been performed with a certified type of device by a person who is certified pursuant to this section, it is presumed that the person operated the device properly.

      4.  This section does not preclude the admission of evidence of a test of a person’s breath where the test has been performed by a person other than one who is certified pursuant to this section.

      Sec. 6.  NRS 488.480 is hereby amended to read as follows:

      488.480  1.  If a person refuses to submit to a required chemical test provided for in NRS 488.450 or 488.460, evidence of that refusal is admissible in any criminal action arising out of acts alleged to have been committed while the person was:

      (a) Operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engaging in any other conduct prohibited by NRS 488.410 or 488.420.

      2.  Except as otherwise provided in subsection 3 of NRS 488.450, a court may not exclude evidence of a required test or failure to submit to such a test if the peace officer or other person substantially complied with the provisions of NRS 488.450 to 488.500, inclusive.

      3.  If a person submits to a chemical test provided for in NRS 488.450 or 488.460, full information concerning that test must be made available, upon his request, to him or his attorney.

      4.  Evidence of a required test is not admissible in a criminal proceeding unless it is shown by documentary or other evidence that the device for testing breath was certified pursuant to NRS 484.3882 and was calibrated, maintained and operated as provided by the regulations of the Committee on Testing for Intoxication adopted pursuant to NRS 484.3884, 484.3886 or 484.3888.

      5.  If the device for testing breath has been certified by the Committee on Testing for Intoxication to be accurate and reliable pursuant to NRS 484.3882, it is presumed that, as designed and manufactured, the device is accurate and reliable for the purpose of testing a person’s breath to determine the concentration of alcohol in the person’s breath.

      6.  A court shall take judicial notice of the certification by the Director of a person to operate testing devices of one of the certified types. If a test to determine the amount of alcohol in a person’s breath has been performed with a certified type of device by a person who is certified pursuant to NRS 484.3886 or 484.3888, it is presumed that the person operated the device properly.

      7.  This section does not preclude the admission of evidence of a test of a person’s breath where the:

      (a) Information is obtained through the use of a device other than one of a type certified by the Committee on Testing for Intoxication.

      (b) Test has been performed by a person other than one who is certified by the Director.

      8.  As used in this section, “Director” means the Director of the Department of Public Safety.

      Sec. 7.  This act becomes effective upon passage and approval.

________

 

 


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ê2005 Statutes of Nevada, Page 61ê

 

CHAPTER 31, AB 205

Assembly Bill No. 205–Assemblyman Manendo

 

CHAPTER 31

 

AN ACT relating to crimes; authorizing a compensation officer to obtain investigative and police reports concerning a minor who committed a crime in certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 3, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 217.110 is hereby amended to read as follows:

      217.110  1.  Upon receipt of an application for compensation, the compensation officer shall review the application to determine whether the applicant qualifies for compensation. The compensation officer shall deny the claim within 5 days after receipt of the application if the applicant’s ineligibility is apparent from the facts stated in the application. The applicant may appeal the denial to a hearing officer within 15 days after the decision. If the hearing officer determines that the applicant may be entitled to compensation, the hearing officer shall order the compensation officer to complete an investigation and render a decision pursuant to subsection 2. If the hearing officer denies the appeal, the applicant may appeal to an appeals officer pursuant to NRS 217.117.

      2.  If the compensation officer does not deny the application pursuant to subsection 1, or if he is ordered to proceed by the hearing officer, he shall conduct an investigation and, except as otherwise provided in subsection [3,] 4, render a decision within 60 days after his receipt of the application or order. If in conducting his investigation the compensation officer believes that:

      (a) Reports on the previous medical history of the victim;

      (b) An examination of the victim and a report of that examination;

      (c) A report on the cause of death of the victim by an impartial medical expert; or

      (d) Investigative or police reports,

Ê would aid him in making his decision, the compensation officer may order the reports.

      3.  Upon the request of a compensation officer pursuant to subsection 2 for investigative or police reports which concern a minor who committed a crime against the victim, a juvenile court or a law enforcement agency shall provide the compensation officer with a copy of the requested investigative or police reports. Any reports obtained by a compensation officer pursuant to this subsection are confidential and must not be disclosed except upon the lawful order of a court of competent jurisdiction.

      4.  When additional reports are requested pursuant to subsection 2, the compensation officer shall render a decision in the case, including an order directing the payment of compensation, if compensation is due, within 15 days after receipt of the reports.

 


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ê2005 Statutes of Nevada, Page 62 (Chapter 31, AB 205)ê

 

      Sec. 2.  NRS 62H.030 is hereby amended to read as follows:

      62H.030  1.  The juvenile court shall make and keep records of all cases brought before the juvenile court.

      2.  Except as otherwise provided in this section [,] and NRS 217.110, records of any case brought before the juvenile court may be opened to inspection only by court order to persons who have a legitimate interest in the records.

      3.  The following records and information may be opened to inspection without a court order:

      (a) Records of traffic violations which are being forwarded to the Department of Motor Vehicles;

      (b) Records which have not been sealed and which are required by the Division of Parole and Probation for preparation of presentence investigations and reports pursuant to NRS 176.135 or general investigations and reports pursuant to NRS 176.151;

      (c) Records which have not been sealed and which are to be used, pursuant to chapter 179D of NRS, by:

             (1) The Central Repository;

             (2) The Division of Parole and Probation; or

             (3) A person who is conducting an assessment of the risk of recidivism of an adult or juvenile sex offender;

      (d) Information maintained in the standardized system established pursuant to NRS 62H.200; and

      (e) Information that must be collected by the Division of Child and Family Services pursuant to NRS 62H.220.

      4.  The clerk of the court shall prepare and cause to be printed forms for social and legal records and other papers as may be required.

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

________

 

CHAPTER 32, AB 79

Assembly Bill No. 79–Assemblywoman Buckley

 

CHAPTER 32

 

AN ACT relating to civil practice; allowing the court under certain circumstances to require a person found guilty of contempt to pay the reasonable expenses incurred by a party as a result of the contempt; and providing other matters properly relating thereto.

 

[Approved: May 3, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 22.100 is hereby amended to read as follows:

      22.100  1.  Upon the answer and evidence taken, the court or judge or jury, as the case may be, shall determine whether the person proceeded against is guilty of the contempt charged . [; and if it be found that he is]

      2.  Except as otherwise provided in NRS 22.110, if a person is found guilty of [the] contempt, a fine may be imposed on him not exceeding $500 [,] or he may be imprisoned not exceeding 25 days, or both . [, but no imprisonment shall exceed 25 days except as provided in NRS 22.110.]

 


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ê2005 Statutes of Nevada, Page 63 (Chapter 32, AB 79)ê

 

      3.  In addition to the penalties provided in subsection 2, if a person is found guilty of contempt pursuant to subsection 3 of NRS 22.010, the court may require the person to pay to the party seeking to enforce the writ, order, rule or process the reasonable expenses, including, without limitation, attorney’s fees, incurred by the party as a result of the contempt.

________

 

CHAPTER 33, AB 6

Assembly Bill No. 6–Assemblywoman Giunchigliani

 

CHAPTER 33

 

AN ACT relating to capital punishment; prohibiting the imposition of a sentence of death upon a person for a crime committed while the person was under the age of 18 years; and providing other matters properly relating thereto.

 

[Approved: May 3, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 176.025 is hereby amended to read as follows:

      176.025  A sentence of death [sentence shall] must not be imposed or inflicted upon any person convicted of a crime now punishable by death who at the time of the commission of [such] the crime was under the age of [16] 18 years. As to such person, the maximum punishment that may be imposed [shall be] is life imprisonment.

      Sec. 2.  1.  This act becomes effective upon passage and approval and applies retroactively to a sentence of death that:

      (a) Has not been carried out on the effective date of this act; and

      (b) Has been imposed upon a person for a crime that was committed by the person when the person was under the age of 18 years.

      2.  A sentence of death to which this act applies retroactively shall be deemed to be commuted to a sentence of life without the possibility of parole on the effective date of this act. The Director of the Department of Corrections shall take all actions necessary to carry out the provisions of this section.

________

 

 


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ê2005 Statutes of Nevada, Page 64ê

 

CHAPTER 34, AB 88

Assembly Bill No. 88–Assemblymen Goicoechea, Sherer, Allen, Anderson, Carpenter, Christensen, Claborn, Gansert, Grady, Hardy, Hettrick, Hogan, Mabey, Manendo, Marvel, Munford, Perkins and Sibley

 

CHAPTER 34

 

AN ACT relating to firearms; allowing the possession of a short-barreled rifle or a short-barreled shotgun that has been determined to be a collector’s item, curio or relic pursuant to federal law; and providing other matters properly relating thereto.

 

[Approved: May 3, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 202.275 is hereby amended to read as follows:

      202.275  1.  [A] Except as otherwise provided in subsection 3, a person who knowingly or willfully possesses, manufactures or disposes of any short-barreled rifle or short-barreled shotgun is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      2.  For purposes of this section:

      (a) “Short-barreled rifle” means:

             (1) A rifle having one or more barrels less than 16 inches in length; or

             (2) Any weapon made from a rifle, whether by alteration, modification or other means, with an overall length of less than 26 inches.

      (b) “Short-barreled shotgun” means:

             (1) A shotgun having one or more barrels less than 18 inches in length; or

             (2) Any weapon made from a shotgun, whether by alteration, modification or other means, with an overall length of less than 26 inches.

      3.  This section does not prohibit:

      (a) The possession or use of any short-barreled rifle or short-barreled shotgun by any peace officer when authorized to do so in the performance of official duties; [or]

      (b) The possession of any short-barreled rifle or short-barreled shotgun by a person who is licensed as a firearms importer, manufacturer, collector or dealer by the United States Department of the Treasury, or by a person to whom such a rifle or shotgun is registered with the United States Department of the Treasury [.] ; or

      (c) The possession of any short-barreled rifle or short-barreled shotgun that has been determined to be a collector’s item pursuant to 26 U.S.C. chapter 53 or a curio or relic pursuant to 18 U.S.C. chapter 44.

________

 

 


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ê2005 Statutes of Nevada, Page 65ê

 

CHAPTER 35, AB 92

Assembly Bill No. 92–Committee on Judiciary

 

CHAPTER 35

 

AN ACT relating to crime; increasing the period of time that a justice of the peace or a municipal judge may suspend the sentence of a person convicted of a misdemeanor; and providing other matters properly relating thereto.

 

[Approved: May 3, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 4.373 is hereby amended to read as follows:

      4.373  1.  Except as otherwise provided in subsection 2, NRS 211A.127 or another specific statute, or unless the suspension of a sentence is expressly forbidden, a justice of the peace may suspend, for not more than [1 year,] 2 years, the sentence of a person convicted of a misdemeanor. If the circumstances warrant, the justice of the peace may order as a condition of suspension that the offender:

      (a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;

      (b) Engage in a program of community service, for not more than 200 hours;

      (c) Actively participate in a program of professional counseling at the expense of the offender;

      (d) Abstain from the use of alcohol and controlled substances;

      (e) Refrain from engaging in any criminal activity;

      (f) Engage or refrain from engaging in any other conduct deemed appropriate by the justice of the peace;

      (g) Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and

      (h) Submit to periodic tests to determine whether the offender is using a controlled substance or consuming alcohol.

      2.  If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the justice of the peace may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years upon the condition that the person actively participate in:

      (a) A program of treatment for the abuse of alcohol or drugs which is certified by the Health Division of the Department of Human Resources;

      (b) A program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470; or

      (c) The programs set forth in paragraphs (a) and (b),

Ê and that he comply with any other condition of suspension ordered by the justice of the peace.

      3.  The justice of the peace may order reports from a person whose sentence is suspended at such times as he deems appropriate concerning the compliance of the offender with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the justice of the peace, the sentence may be reduced to not less than the minimum period of confinement established for the offense.

 


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ê2005 Statutes of Nevada, Page 66 (Chapter 35, AB 92)ê

 

complies with the conditions of suspension to the satisfaction of the justice of the peace, the sentence may be reduced to not less than the minimum period of confinement established for the offense.

      4.  The justice of the peace may issue a warrant for the arrest of an offender who violates or fails to fulfill a condition of suspension.

      Sec. 2.  NRS 5.055 is hereby amended to read as follows:

      5.055  1.  Except as otherwise provided in subsection 2, NRS 211A.127 or another specific statute, or unless the suspension of a sentence is expressly forbidden, a municipal judge may suspend, for not more than [1 year,] 2 years, the sentence of a person convicted of a misdemeanor. If the circumstances warrant, the municipal judge may order as a condition of suspension that the offender:

      (a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;

      (b) Engage in a program of community service, for not more than 200 hours;

      (c) Actively participate in a program of professional counseling at the expense of the offender;

      (d) Abstain from the use of alcohol and controlled substances;

      (e) Refrain from engaging in any criminal activity;

      (f) Engage or refrain from engaging in any other conduct deemed appropriate by the municipal judge;

      (g) Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and

      (h) Submit to periodic tests to determine whether the offender is using any controlled substance or alcohol.

      2.  If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the municipal judge may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years upon the condition that the person actively participate in:

      (a) A program of treatment for the abuse of alcohol or drugs which is certified by the Health Division of the Department of Human Resources;

      (b) A program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470; or

      (c) The programs set forth in paragraphs (a) and (b),

Ê and that he comply with any other condition of suspension ordered by the municipal judge.

      3.  The municipal judge may order reports from a person whose sentence is suspended at such times as he deems appropriate concerning the compliance of the offender with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the municipal judge, the sentence may be reduced to not less than the minimum period of confinement established for the offense.

      4.  The municipal judge may issue a warrant for the arrest of an offender who violates or fails to fulfill a condition of suspension.

________

 

 


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ê2005 Statutes of Nevada, Page 67ê

 

CHAPTER 36, AB 178

Assembly Bill No. 178–Assemblymen Oceguera, Horne, Allen, Arberry Jr., Buckley, Denis, Gansert, Gerhardt, Hettrick, Koivisto, Munford, Parks and Seale

 

CHAPTER 36

 

AN ACT relating to notaries public; authorizing a notary public who is an attorney licensed to practice law in this State to perform a notarial act on an instrument or pleading relating to which he has or will receive a fee for providing legal services in excess of the fee authorized for the notarial act; and providing other matters properly relating thereto.

 

[Approved: May 3, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 240.065 is hereby amended to read as follows:

      240.065  1.  A notary public may not perform a notarial act if:

      (a) He executed or is named in the instrument acknowledged or sworn to;

      (b) [He] Except as otherwise provided in subsection 2, he has or will receive directly from a transaction relating to the instrument or pleading a commission, fee, advantage, right, title, interest, property or other consideration in excess of the [authorized fees;] fee authorized pursuant to NRS 240.100 for the notarial act; or

      (c) The person whose signature is to be acknowledged or sworn to is a relative of the notary public by marriage or consanguinity.

      2.  A notary public who is an attorney licensed to practice law in this State may perform a notarial act on an instrument or pleading if he has or will receive directly from a transaction relating to the instrument or pleading a fee for providing legal services in excess of the fee authorized pursuant to NRS 240.100 for the notarial act.

      3.  As used in this section, “relative” includes, without limitation:

      (a) A spouse, parent, grandparent or stepparent;

      (b) A natural born child, stepchild or adopted child;

      (c) A grandchild, brother, sister, half brother, half sister, stepbrother or stepsister;

      (d) A grandparent, parent, brother, sister, half brother, half sister, stepbrother or stepsister of the spouse of the notary public; and

      (e) A natural born child, stepchild or adopted child of a sibling or half sibling of the notary public or of a sibling or half sibling of the spouse of the notary public.

      Sec. 2.  This act becomes effective on July 1, 2005.

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ê2005 Statutes of Nevada, Page 68ê

 

CHAPTER 37, AB 227

Assembly Bill No. 227–Assemblymen Denis, Pierce, McCleary, Leslie, Parks, Anderson, Atkinson, Buckley, Claborn, Conklin, Gansert, Gerhardt, Giunchigliani, Hogan, Holcomb, Kirkpatrick, Mabey, Munford, Oceguera, Seale and Smith

 

Joint Sponsors: Senators Carlton and Horsford

 

CHAPTER 37

 

AN ACT relating to notaries public; prohibits a notary public who is not an attorney licensed to practice law in this State from using the term “notario,” “notario publico” or any other equivalent non-English term in any form of communication that advertises his services as a notary public; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 3, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 240.085 is hereby amended to read as follows:

      240.085  1.  Every notary public who is not an attorney licensed to practice law in this State and who advertises his services as a notary public in a language other than English by any form of communication, except a single plaque on his desk, shall post or otherwise include with the advertisement a notice in the language in which the advertisement appears. The notice must be of a conspicuous size, if in writing, and must appear in substantially the following form:

 

      I AM NOT AN ATTORNEY IN THE STATE OF NEVADA. I AM NOT LICENSED TO GIVE LEGAL ADVICE. I MAY NOT ACCEPT FEES FOR GIVING LEGAL ADVICE.

 

      2.  A notary public who is not an attorney licensed to practice law in this State shall not use the term “notario,” “notario publico” or any other equivalent non-English term in any form of communication that advertises his services as a notary public, including, without limitation, a business card, stationery, notice and sign.

      3.  If the Secretary of State finds a notary public guilty of violating the provisions of subsection 1 [,] or 2, he shall:

      (a) Suspend the appointment of the notary public for not less than 1 year.

      (b) Revoke the appointment of the notary public for a third or subsequent offense.

      [3.] 4.  A notary public who is found guilty in a criminal prosecution of violating subsection 1 or 2 shall be punished by a fine of not more than $2,000.

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CHAPTER 38, AB 126

Assembly Bill No. 126–Committee on Commerce and Labor

 

CHAPTER 38

 

AN ACT relating to health care; revising the provisions governing the provision of care by a personal assistant for a person with a disability; and providing other matters properly relating thereto.

 

[Approved: May 3, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 629.031 is hereby amended to read as follows:

      629.031  Except as otherwise provided by specific statute:

      1.  “Provider of health care” means a physician licensed pursuant to chapter 630, 630A or 633 of NRS, dentist, licensed nurse, dispensing optician, optometrist, practitioner of respiratory care, registered physical therapist, podiatric physician, licensed psychologist, licensed marriage and family therapist, chiropractor, athletic trainer, doctor of Oriental medicine in any form, medical laboratory director or technician, pharmacist or a licensed hospital as the employer of any such person.

      2.  For the purposes of NRS 629.051, 629.061 and 629.065, the term includes a facility that maintains the health care records of patients.

      Sec. 2.  NRS 629.091 is hereby amended to read as follows:

      629.091  1.  Except as otherwise provided in subsection 4, a provider of health care may authorize a person to act as a personal assistant to perform specific medical, nursing or home health care services for a person with a [physical] disability without obtaining any license required for a provider of health care or his assistant to perform the service if:

      (a) The services to be performed are services that a person without a [physical] disability usually and customarily would personally perform without the assistance of a provider of health care;

      (b) The provider of health care determines that the personal assistant has the knowledge, skill and ability to perform the services competently;

      (c) The provider of health care determines that the procedures involved in providing the services are simple and the performance of such procedures by the personal assistant does not pose a substantial risk to the person with a [physical] disability;

      (d) The provider of health care determines that the condition of the person with a [physical] disability is stable and predictable; and

      (e) The personal assistant agrees with the provider of health care to refer the person with a [physical] disability to the provider of health care if:

             (1) The condition of the person with a [physical] disability changes or a new medical condition develops;

             (2) The progress or condition of the person with a [physical] disability after the provision of the service is different than expected;

             (3) An emergency situation develops; or

             (4) Any other situation described by the provider of health care develops.

 


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      2.  A provider of health care that authorizes a personal assistant to perform certain services shall note in the medical records of the person with a [physical] disability who receives such services:

      (a) The specific services that he has authorized the personal assistant to perform; and

      (b) That the requirements of this section have been satisfied.

      3.  After a provider of health care has authorized a personal assistant to perform specific services for a person with a [physical] disability, no further authorization or supervision by the provider is required for the continued provision of those services.

      4.  A personal assistant shall not:

      (a) Perform services pursuant to this section for a person with a [physical] disability who resides in a medical facility.

      (b) Perform any medical, nursing or home health care service for a person with a [physical] disability which is not specifically authorized by a provider of health care pursuant to subsection 1.

      (c) Except if the services are provided in an educational setting, perform services for a person with a disability in the absence of the parent or guardian of, or any other person legally responsible for, the person with a disability, if the person with a disability is not able to direct his own services.

      5.  A provider of health care who determines in good faith that a personal assistant has complied with and meets the requirements of this section is not liable for civil damages as a result of any act or omission, not amounting to gross negligence, committed by him in making such a determination and is not liable for any act or omission of the personal assistant.

      6.  As used in this section:

      (a) “Guardian” means a person who has qualified as the guardian of a minor or an adult pursuant to testamentary or judicial appointment, but does not include a guardian ad litem.

      (b) “Parent” means a natural or adoptive parent whose parental rights have not been terminated.

      (c) “Personal assistant” means a person who, for compensation and under the direction of [a] :

             (1) A person with a [physical disability and for compensation,] disability;

             (2) A parent or guardian of, or any other person legally responsible for, a person with a disability who is under the age of 18 years; or

             (3) A parent, spouse, guardian or adult child of a person with a disability who suffers from a cognitive impairment,

Ê performs services for the person with a [physical] disability to help him maintain his independence, personal hygiene and safety.

      [(b)] (d) “Provider of health care” means a physician licensed pursuant to chapter 630, 630A or 633 of NRS, a dentist, a registered nurse, a licensed practical nurse, a physical therapist or an occupational therapist.

      Sec. 3.  NRS 632.340 is hereby amended to read as follows:

      632.340  The provisions of NRS 632.315 do not prohibit:

      1.  Gratuitous nursing by friends or by members of the family of a patient.

 


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      2.  The incidental care of the sick by domestic servants or persons primarily employed as housekeepers as long as they do not practice nursing within the meaning of this chapter.

      3.  Nursing assistance in the case of an emergency.

      4.  The practice of nursing by students enrolled in accredited schools of nursing or by graduates of those schools or courses pending the results of the first licensing examination scheduled by the Board following graduation. A student or graduate may not work as a nursing assistant unless he is certified to practice as a nursing assistant pursuant to the provisions of this chapter.

      5.  The practice of nursing in this State by any legally qualified nurse or nursing assistant of another state whose engagement requires him to accompany and care for a patient temporarily residing in this State during the period of one such engagement, not to exceed 6 months, if the person does not represent or hold himself out as a nurse licensed to practice in this State or as a nursing assistant who holds a certificate to practice in this State.

      6.  The practice of any legally qualified nurse of another state who is employed by the United States Government or any bureau, division or agency thereof, while in the discharge of his official duties in this State.

      7.  Nonmedical nursing for the care of the sick, with or without compensation, if done by the adherents of, or in connection with, the practice of the religious tenets of any well-recognized church or religious denomination, if that nursing does not amount to the practice of practical or professional nursing as defined in NRS 632.017 and 632.018, respectively.

      8.  A personal assistant from performing services for a person with a [physical] disability pursuant to NRS 629.091.

________

 

CHAPTER 39, AB 82

Assembly Bill No. 82–Committee on Transportation

 

CHAPTER 39

 

AN ACT relating to highways; authorizing the Department of Transportation to designate lanes on highways for the use of high-occupancy vehicles in certain circumstances; restricting the use of farm tractors and other implements of husbandry on certain highways; revising provisions concerning the formula to determine the allowable gross weight carried by any group of axles on certain highways; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 3, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 484 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  “Interstate highway” means a portion of the Dwight D. Eisenhower National System of Interstate and Defense Highways located within this State as officially designated pursuant to the provisions of Title 23 of the United States Code.

 


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      Sec. 3.  1.  The Department of Transportation, with respect to highways under its jurisdiction, may designate a lane on a highway for the preferential or exclusive use of high-occupancy vehicles.

      2.  The Department of Transportation shall, for each lane that it designates pursuant to this section for the use of high-occupancy vehicles:

      (a) Determine the conditions for use of the lane, including, without limitation:

             (1) The number of occupants required per vehicle; and

             (2) The hours of the day that the use of the lane is restricted.

      (b) Place and maintain signs and other official traffic-control devices that:

             (1) Identify the lane as designated for the use of high-occupancy vehicles; and

             (2) Advise operators of vehicles of the required conditions for the use of the lane.

      3.  A person shall not operate a vehicle in a lane designated for the use of high-occupancy vehicles except in conformity with the established conditions which are placed and maintained on signs and other official traffic-control devices pursuant to subsection 2 or established by regulation.

      4.  A person who violates subsection 3 is guilty of a misdemeanor and shall be fined $250 for each offense.

      5.  The Department of Transportation may adopt regulations necessary to carry out the provisions of this section.

      6.  As used in this section, “high-occupancy vehicle” means:

      (a) A vehicle that is transporting more than one person;

      (b) A motorcycle, regardless of the number of passengers;

      (c) A bus, regardless of the number of passengers; and

      (d) Any other vehicle designated by regulation.

      Sec. 4.  NRS 484.013 is hereby amended to read as follows:

      484.013  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 484.014 to 484.217, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 5.  NRS 484.737 is hereby amended to read as follows:

      484.737  1.  Except as otherwise provided in this section, a person shall not drive, move, stop or park any vehicle or combination of vehicles, and an owner shall not cause or knowingly permit any vehicle or combination of vehicles to be driven, moved, stopped or parked, on any highway if the vehicle or combination of vehicles exceeds in size or weight or gross loaded weight the maximum limitation specified by law for that size, weight and gross loaded weight unless the person or owner is authorized to drive, move, stop or park the vehicle or combination of vehicles by a special permit issued by the proper public authority.

      2.  If the Department of Transportation or a local law enforcement agency determines that an emergency exists, the Department or the local law enforcement agency may authorize a person to drive, move, stop or park a vehicle or combination of vehicles without obtaining a special permit pursuant to subsection 1. Such an authorization may be given orally and may, if requested by a local law enforcement agency or a public safety agency, include driving or moving the vehicle or combination of vehicles to and from the site of the emergency. If a person receives such an authorization, he shall, on the next business day after receiving the authorization, obtain a special permit pursuant to subsection 1.

 


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authorization, he shall, on the next business day after receiving the authorization, obtain a special permit pursuant to subsection 1.

      3.  This section does not apply to [fire] :

      (a) Fire apparatus, highway machinery or snowplows [or to a farm tractor or other implement of husbandry] temporarily moved upon a highway.

      (b) A farm tractor or other implement of husbandry temporarily moved upon a highway other than an interstate highway or a controlled-access highway.

      Sec. 6.  NRS 484.739 is hereby amended to read as follows:

      484.739  1.  Except as otherwise provided in subsection 2, the length of a bus may not exceed 45 feet and the length of a motortruck may not exceed 40 feet.

      2.  A passenger bus which has three or more axles and two sections joined together by an articulated joint with a trailer which is equipped with a mechanically steered rear axle may not exceed a length of 65 feet.

      3.  Except as otherwise provided in subsections 4, 7 and 9, no combination of vehicles, including any attachments thereto coupled together, may exceed a length of 70 feet.

      4.  The Department of Transportation, by regulation, shall provide for the operation of combinations of vehicles in excess of 70 feet in length. The regulations must establish standards for the operation of such vehicles which must be consistent with their safe operation upon the public highways and with the provisions of 23 C.F.R. § 658.23. Such standards must include:

      (a) Types and number of vehicles to be permitted in combination;

      (b) Horsepower of a motortruck;

      (c) Operating speeds;

      (d) Braking ability; and

      (e) Driver qualifications.

Ê The operation of such vehicles is not permitted on highways where, in the opinion of the Department of Transportation, their use would be inconsistent with the public safety because of a narrow roadway, excessive grades, extreme curvature or vehicular congestion.

      5.  Combinations of vehicles operated under the provisions of subsection 4 may, after obtaining a special permit issued at the discretion of, and in accordance with procedures established by, the Department of Transportation, carry loads not to exceed the values set forth in the following formula: W=500 [LN/(N-1) + 12N + 36], wherein:

      (a) W equals the maximum load in pounds carried on any group of two or more consecutive axles [;] computed to the nearest 500 pounds;

      (b) L equals the distance in feet between the extremes of any group of two or more consecutive axles; and

      (c) N equals the number of axles in the group under consideration.

Ê The distance between axles must be measured to the nearest foot. If a fraction is exactly one-half foot, the next largest whole number must be used. The permits may be restricted in such manner as the Department of Transportation considers necessary and may, at the option of the Department, be cancelled without notice. No such permits may be issued for operation on any highway where that operation would prevent this State from receiving federal money for highway purposes.

      6.  Upon approving an application for a permit to operate combinations of vehicles pursuant to subsection 5, the Department of Transportation shall withhold issuance of the permit until the applicant has furnished proof of compliance with the provisions of NRS 706.531.

 


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withhold issuance of the permit until the applicant has furnished proof of compliance with the provisions of NRS 706.531.

      7.  The load upon any motor vehicle operated alone, or the load upon any combination of vehicles, must not extend beyond the front or the rear of the vehicle or combination of vehicles for a distance of more than 10 feet, or a total of 10 feet both to the front or the rear, and a combination of vehicles and load thereon may not exceed a total of 75 feet without having secured a permit pursuant to subsection 4 or NRS 484.737. The provisions of this subsection do not apply to the booms or masts of shovels, cranes or water well drilling and servicing equipment carried upon a vehicle if:

      (a) The booms or masts do not extend by a distance greater than two-thirds of the wheelbase beyond the front tires of the vehicle.

      (b) The projecting structure or attachments thereto are securely held in place to prevent dropping or swaying.

      (c) No part of the structure which extends beyond the front tires is less than 7 feet from the roadway.

      (d) The driver’s vision is not impaired by the projecting or supporting structure.

      8.  Lights and other warning devices which are required to be mounted on a vehicle pursuant to this chapter must not be included in determining the length of a vehicle or combination of vehicles and the load thereon.

      9.  This section does not apply to:

      (a) Vehicles used by a public utility for the transportation of poles;

      (b) A combination of vehicles consisting of a truck-tractor drawing a semitrailer that does not exceed 53 feet in length;

      (c) A combination of vehicles consisting of a truck-tractor drawing a semitrailer and a trailer, neither of which exceeds 28 1/2 feet in length; or

      (d) A combination of vehicles consisting of a truck-tractor drawing no more than three saddle-mounted vehicles and one full-mounted vehicle that does not exceed 75 feet in length.

      10.  As used in this section:

      (a) “Full-mounted vehicle” means a smaller vehicle mounted completely on the frame of a saddle-mounted vehicle.

      (b) “Motortruck” has the meaning ascribed to it in NRS 482.073.

      (c) “Saddle-mounted vehicle” means a vehicle forming part of a combination of vehicles used in a driveaway-towaway operation that is connected by a saddle mount to the frame or fifth-wheel coupling of the vehicle in front of it.

      Sec. 7.  NRS 484.745 is hereby amended to read as follows:

      484.745  1.  Except as otherwise provided in NRS 484.737, 484.743, 484.748, 484.7485 and 484.752, a vehicle may be operated or moved upon any public highway if:

      (a) The maximum weight on any single axle does not exceed 20,000 pounds.

      (b) The maximum weight on any tandem axle does not exceed 34,000 pounds.

      (c) The maximum weight per tire, measured by pounds per inch of tire width, does not exceed 600 pounds per inch for a steering axle and 500 pounds per inch for all other axles.

      (d) Except for a steering axle and axles that weigh less than 10,000 pounds, each axle has at least four tires if the tire width of each tire on the axle is less than or equal to 14 inches. If the maximum weight per tire does not exceed 500 pounds per inch of tire width, an axle may be equipped with tires that have a width of more than 14 inches.

 


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ê2005 Statutes of Nevada, Page 75 (Chapter 39, AB 82)ê

 

not exceed 500 pounds per inch of tire width, an axle may be equipped with tires that have a width of more than 14 inches.

      (e) Except as otherwise provided in subsection 2, the maximum overall gross weight on any group of two or more consecutive axles does not exceed the values set forth in the following formula: W=500 [LN/(N-1) + 12N + 36] wherein:

             (1) W equals the maximum load in pounds carried on any group of two or more consecutive axles [;] computed to the nearest 500 pounds;

             (2) L equals the distance in feet between the extremes of any group of two or more consecutive axles; and

             (3) N equals the number of axles in the group under consideration.

      2.  Two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each if the distance between the first and last axles of the consecutive sets of axles is 36 feet or more.

      3.  As used in this section, “tire width” means the width set by the manufacturer of the tire and inscribed on the sidewall of the tire.

      Sec. 8.  NRS 484.748 is hereby amended to read as follows:

      484.748  1.  Except as otherwise provided in subsection 2, a vehicle used by a licensed hauler of garbage and refuse may be operated or moved upon a public highway, if the weight of the vehicle does not exceed:

      (a) On a single axle, 22,000 pounds; or

      (b) On a tandem axle, 40,000 pounds.

      2.  A vehicle must not be operated or moved upon a highway within the designated interstate system, if the weight of the vehicle exceeds:

      (a) On a single axle, 20,000 pounds; [or]

      (b) On a tandem axle, 34,000 pounds [.] ; or

      (c) On any group of two or more consecutive axles, the values set forth in the following formula: W=500 [LN/(N-1) + 12N + 36] wherein:

             (1) W equals the maximum load in pounds carried on any group of two or more consecutive axles computed to the nearest 500 pounds;

             (2) L equals the distance in feet between the extremes of any group of two or more consecutive axles; and

             (3) N equals the number of axles in the group under consideration.

      3.  As used in this section , “licensed hauler of garbage and refuse” means a person who holds the licenses and permits required to operate a business of collecting and disposing of garbage and refuse. The term includes a person who is licensed to operate a business of collecting recyclable materials.

      Sec. 9.  NRS 484.751 is hereby amended to read as follows:

      484.751  The distance between axles [shall] must be measured to the nearest [even] whole foot. When a fraction is exactly one-half foot the next larger whole number [shall] must be used.

      Sec. 10.  NRS 484.752 is hereby amended to read as follows:

      484.752  1.  The provisions of NRS 484.745 , 484.748 and 484.7485 do not apply to any highway [which] that is a part of the Federal-Aid Primary System, Federal-Aid Urban System, Federal-Aid Secondary System or Interstate System if their application would prevent this State from receiving any federal funds for highway purposes under section 127 of Title 23, U.S.C.

      2.  The Department of Transportation, with respect to highways under its jurisdiction, and the governing bodies of cities and counties, with respect to roads and streets under their jurisdiction, after determining that use by vehicles otherwise conforming with the maximum weight limits prescribed in NRS 484.745 , 484.748 and 484.7485 is likely to cause substantial stress to any highway, road, street, or portion or structure thereof, may, by proper notice, fix a reduced maximum weight limit for vehicles which may pass over any such highway, road, street, or portion or structure thereof.

 


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vehicles otherwise conforming with the maximum weight limits prescribed in NRS 484.745 , 484.748 and 484.7485 is likely to cause substantial stress to any highway, road, street, or portion or structure thereof, may, by proper notice, fix a reduced maximum weight limit for vehicles which may pass over any such highway, road, street, or portion or structure thereof.

      Sec. 11.  NRS 484.7605 is hereby amended to read as follows:

      484.7605  1.  If a vehicle is carrying a load of loosely piled agricultural products such as hay, straw or leguminous plants in bulk but not crated, baled, boxed or sacked, the load of loosely piled material and any loading racks retaining the load must not exceed 120 inches in width.

      2.  The provisions of NRS 484.759 with respect to maximum widths do not apply to implements of husbandry incidentally operated, transported, moved or towed over a highway [.] other than an interstate highway or a controlled-access highway.

      3.  If an implement of husbandry is transported or moved as a load on another vehicle over:

      (a) [A highway which is a part of the National System of Interstate and Defense Highways, as described in subsection (e) of section 103 of Title 23, U.S.C., if] An interstate highway or a controlled-access highway, and the load exceeds 102 inches in width [; or] , the movement is subject to the provisions of NRS 484.7631 and the regulations adopted pursuant thereto.

      (b) Any highway other than an interstate highway or a controlled-access highway, [if] and the load exceeds 120 inches in width, the vehicle and load must not be operated for a distance of more than 25 miles from the point of origin of the trip and must not be operated at a speed in excess of 30 miles per hour.

      Sec. 12.  NRS 410.060 is hereby amended to read as follows:

      410.060  “Interstate highway” means a portion of the Dwight D. Eisenhower National System of Interstate and Defense Highways located within this State as officially designated pursuant to the provisions of Title 23 of the United States Code.

________

 

CHAPTER 40, AB 295

Assembly Bill No. 295–Assemblymen Leslie, Smith and Oceguera

 

CHAPTER 40

 

AN ACT relating to crimes; creating the crime of vehicular manslaughter; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 5, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 483.460 is hereby amended to read as follows:

      483.460  1.  Except as otherwise provided by specific statute, the Department shall revoke the license, permit or privilege of any driver upon receiving a record of his conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:

 


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      (a) For a period of 3 years if the offense is:

             (1) A violation of subsection 2 of NRS 484.377.

             (2) A third or subsequent violation within 7 years of NRS 484.379.

             (3) A violation of NRS 484.3795 or a homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379 or 484.3795.

Ê The period during which such a driver is not eligible for a license, permit or privilege to drive must be set aside during any period of imprisonment and the period of revocation must resume upon completion of the period of imprisonment or when the person is placed on residential confinement.

      (b) For a period of 1 year if the offense is:

             (1) Any other manslaughter , including vehicular manslaughter as described in section 2 of this act, resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.

             (2) Failure to stop and render aid as required pursuant to the laws of this State in the event of a motor vehicle accident resulting in the death or bodily injury of another.

             (3) Perjury or the making of a false affidavit or statement under oath to the Department pursuant to NRS 483.010 to 483.630, inclusive, or pursuant to any other law relating to the ownership or driving of motor vehicles.

             (4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.

             (5) A second violation within 7 years of NRS 484.379 , and the driver is not eligible for a restricted license during any of that period.

             (6) A violation of NRS 484.348.

      (c) For a period of 90 days, if the offense is a first violation within 7 years of NRS 484.379.

      2.  The Department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484.379 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege to drive.

      3.  When the Department is notified by a court that a person who has been convicted of a first violation within 7 years of NRS 484.379 has been permitted to enter a program of treatment pursuant to NRS 484.37937, the Department shall reduce by one-half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.

      4.  The Department shall revoke the license, permit or privilege to drive of a person who is required to install a device pursuant to NRS 484.3943 but who operates a motor vehicle without such a device:

      (a) For 3 years, if it is his first such offense during the period of required use of the device.

      (b) For 5 years, if it is his second such offense during the period of required use of the device.

      5.  A driver whose license, permit or privilege is revoked pursuant to subsection 4 is not eligible for a restricted license during the period set forth in paragraph (a) or (b) of that subsection, whichever applies.

 


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      6.  In addition to any other requirements set forth by specific statute, if the Department is notified that a court has ordered the revocation, suspension or delay in the issuance of a license pursuant to title 5 of NRS, NRS 176.064 or 206.330, chapter 484 of NRS or any other provision of law, the Department shall take such actions as are necessary to carry out the court’s order.

      7.  As used in this section, “device” has the meaning ascribed to it in NRS 484.3941.

      Sec. 2.  Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person who, while driving or in actual physical control of any vehicle, proximately causes the death of another person through an act or omission that constitutes simple negligence is guilty of vehicular manslaughter and shall be punished for a misdemeanor.

      2.  A person who commits an offense of vehicular manslaughter may be subject to the additional penalty set forth in NRS 484.3667.

      3.  Upon the conviction of a person for a violation of the provisions of subsection 1, the court shall notify the Department of the conviction.

      4.  Upon receipt of notification from a court pursuant to subsection 3, the Department shall cause an entry of the conviction to be made upon the driving record of the person so convicted.

      Sec. 3.  NRS 484.3667 is hereby amended to read as follows:

      484.3667  1.  Except as otherwise provided in subsection 2, a person who is convicted of a violation of a speed limit, or of NRS 484.254, 484.278, 484.289, 484.291 to 484.301, inclusive, 484.305, 484.309, 484.311, 484.335, 484.337, 484.361, 484.363, 484.3765, 484.377, 484.379, 484.448, 484.453 or 484.479, or section 2 of this act, that occurred:

      (a) In an area designated as a temporary traffic control zone in which construction, maintenance or repair of a highway is conducted; and

      (b) At a time when the workers who are performing the construction, maintenance or repair of the highway are present, or when the effects of the act may be aggravated because of the condition of the highway caused by construction, maintenance or repair, including, without limitation, reduction in lane width, reduction in the number of lanes, shifting of lanes from the designated alignment and uneven or temporary surfaces, including, without limitation, modifications to road beds, cement-treated bases, chip seals and other similar conditions,

Ê shall be punished by imprisonment or by a fine, or both, for a term or an amount equal to and in addition to the term of imprisonment or amount of the fine, or both, that the court imposes for the primary offense. Any term of imprisonment imposed pursuant to this subsection runs consecutively with the sentence prescribed by the court for the crime. This subsection does not create a separate offense, but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

      2.  The additional penalty imposed pursuant to subsection 1 must not exceed a total of $1,000, 6 months of imprisonment or 120 hours of community service.

      3.  A governmental entity that designates an area as a temporary traffic control zone in which construction, maintenance or repair of a highway is conducted, or the person with whom the governmental entity contracts to provide such service , shall cause to be erected:

 


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      (a) A sign located before the beginning of such an area stating “DOUBLE PENALTIES IN WORK ZONES” to indicate a double penalty may be imposed pursuant to this section;

      (b) A sign to mark the beginning of the temporary traffic control zone; and

      (c) A sign to mark the end of the temporary traffic control zone.

      4.  A person who otherwise would be subject to an additional penalty pursuant to this section is not relieved of any criminal liability because signs are not erected as required by subsection 3 if the violation results in injury to any person performing highway construction or maintenance in the temporary traffic control zone or in damage to property in an amount equal to $1,000 or more.

      Sec. 4.  NRS 200.040 is hereby amended to read as follows:

      200.040  1.  Manslaughter is the unlawful killing of a human being, without malice express or implied, and without any mixture of deliberation.

      2.  Manslaughter must be voluntary, upon a sudden heat of passion, caused by a provocation apparently sufficient to make the passion irresistible, or involuntary, in the commission of an unlawful act, or a lawful act without due caution or circumspection.

      3.  Manslaughter does not include vehicular manslaughter as described in section 2 of this act.

      Sec. 5.  NRS 200.050 is hereby amended to read as follows:

      200.050  1.  In cases of voluntary manslaughter, there must be a serious and highly provoking injury inflicted upon the person killing, sufficient to excite an irresistible passion in a reasonable person, or an attempt by the person killed to commit a serious personal injury on the person killing.

      2.  Voluntary manslaughter does not include vehicular manslaughter as described in section 2 of this act.

      Sec. 6.  NRS 200.070 is hereby amended to read as follows:

      200.070  1.  Except under the circumstances provided in NRS 484.348 and 484.377, involuntary manslaughter is the killing of a human being, without any intent to do so, in the commission of an unlawful act, or a lawful act which probably might produce such a consequence in an unlawful manner, but where the involuntary killing occurs in the commission of an unlawful act, which, in its consequences, naturally tends to destroy the life of a human being, or is committed in the prosecution of a felonious intent, the offense is murder.

      2.  Involuntary manslaughter does not include vehicular manslaughter as described in section 2 of this act.

      Sec. 7.  NRS 207.360 is hereby amended to read as follows:

      207.360  “Crime related to racketeering” means the commission of, attempt to commit or conspiracy to commit any of the following crimes:

      1.  Murder;

      2.  Manslaughter [;] , except vehicular manslaughter as described in section 2 of this act;

      3.  Mayhem;

      4.  Battery which is punished as a felony;

      5.  Kidnapping;

      6.  Sexual assault;

      7.  Arson;

      8.  Robbery;

 


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      9.  Taking property from another under circumstances not amounting to robbery;

      10.  Extortion;

      11.  Statutory sexual seduction;

      12.  Extortionate collection of debt in violation of NRS 205.322;

      13.  Forgery;

      14.  Any violation of NRS 199.280 which is punished as a felony;

      15.  Burglary;

      16.  Grand larceny;

      17.  Bribery or asking for or receiving a bribe in violation of chapter 197 or 199 of NRS which is punished as a felony;

      18.  Battery with intent to commit a crime in violation of NRS 200.400;

      19.  Assault with a deadly weapon;

      20.  Any violation of NRS 453.232, 453.316 to 453.3395, inclusive, or 453.375 to 453.401, inclusive;

      21.  Receiving or transferring a stolen vehicle;

      22.  Any violation of NRS 202.260, 202.275 or 202.350 which is punished as a felony;

      23.  Any violation of subsection 2 or 3 of NRS 463.360 or chapter 465 of NRS;

      24.  Receiving, possessing or withholding stolen goods valued at $250 or more;

      25.  Embezzlement of money or property valued at $250 or more;

      26.  Obtaining possession of money or property valued at $250 or more, or obtaining a signature by means of false pretenses;

      27.  Perjury or subornation of perjury;

      28.  Offering false evidence;

      29.  Any violation of NRS 201.300 or 201.360;

      30.  Any violation of NRS 90.570, 91.230 or 686A.290, or insurance fraud pursuant to NRS 686A.291;

      31.  Any violation of NRS 205.506, 205.920 or 205.930; or

      32.  Any violation of NRS 202.445 or 202.446.

________

 

CHAPTER 41, SB 108

Senate Bill No. 108–Committee on Finance

 

CHAPTER 41

 

AN ACT making a supplemental appropriation to the Department of Education for unanticipated expenses for Fiscal Year 2004-2005 relating to the Individuals with Disabilities Education Act; and providing other matters properly relating thereto.

 

[Approved: May 9, 2005]

 

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 Department of Education the sum of $87,590 for unanticipated expenses for Fiscal Year 2004-2005 relating to the Individuals with Disabilities Education Act.

 

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