Link to Page 584

 

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ê2005 Statutes of Nevada, Page 585 (Chapter 183, AB 15)ê

 

      4.  The Department may annually expend from the Wildlife Heritage Trust Account an amount of money not greater than 75 percent of the money deposited in the Account pursuant to subsection 2 during the previous year and the total amount of interest earned on the money in the Account during the previous year. The Commission shall review and approve expenditures from the Account. No money may be expended from the Account without the prior approval of the Commission.183

      5.  The Commission shall administer the provisions of this section and may adopt any regulations necessary for that purpose.

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CHAPTER 184, AB 145

Assembly Bill No. 145–Committee on Growth and Infrastructure

 

CHAPTER 184

 

AN ACT relating to taxation; revising the provision concerning the exemption for disabled veterans from property taxes; and providing other matters properly relating thereto.

 

[Approved: May 31, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 361.091 is hereby amended to read as follows:

      361.091  1.  A bona fide resident of the State of Nevada who has incurred a permanent service-connected disability and has been honorably discharged from the Armed Forces of the United States, or his surviving spouse, is entitled to a disabled veteran’s exemption.

      2.  The amount of exemption is based on the total percentage of permanent service-connected disability. The maximum allowable exemption for total permanent disability is the first $20,000 assessed valuation. A person with a permanent service-connected disability of:

      (a) Eighty to 99 percent, inclusive, is entitled to an exemption of $15,000 assessed value.

      (b) Sixty to 79 percent, inclusive, is entitled to an exemption of $10,000 assessed value.

Ê For the purposes of this section, any property in which an applicant has any interest is deemed to be the property of the applicant.

      3.  The exemption may be allowed only to a claimant who has filed an affidavit with his claim for exemption on real property pursuant to NRS 361.155. The affidavit may be made at any time by a person claiming an exemption from taxation on personal property.

      4.  The affidavit must be made before the county assessor or a notary public and be submitted to the county assessor. It must be to the effect that the affiant is a bona fide resident of the State of Nevada, that he meets all the other requirements of subsection 1 and that he does not claim the exemption in any other county within this State. After the filing of the original affidavit, the county assessor shall mail a form for:

      (a) The renewal of the exemption; and

 


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ê2005 Statutes of Nevada, Page 586 (Chapter 184, AB 145)ê

 

      (b) The designation of any amount to be credited to the Gift Account for Veterans’ Homes established pursuant to NRS 417.145,

Ê to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.

      5.  Before allowing any exemption pursuant to the provisions of this section, the county assessor shall require proof of the applicant’s status, and for that purpose shall require him to produce an original or certified copy of:

      (a) An honorable discharge or other document of honorable separation from the Armed Forces of the United States which indicates the total percentage of his permanent service-connected disability;

      (b) A certificate of satisfactory service which indicates the total percentage of his permanent service-connected disability; or

      (c) A certificate from the Department of Veterans Affairs or any other military document which shows that he has incurred a permanent service-connected disability and which indicates the total percentage of that disability, together with a certificate of honorable discharge or satisfactory service.

      6.  A surviving spouse claiming an exemption pursuant to this section must file with the county assessor an affidavit declaring that:

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

      (b) The disabled veteran was eligible for the exemption at the time of his death or would have been eligible if he had been a resident of the State of Nevada;

      (c) The surviving spouse has not remarried; and

      (d) The surviving spouse is a bona fide resident of the State of Nevada.

Ê The affidavit required by this subsection is in addition to the certification required pursuant to subsections 4 and 5. After the filing of the original affidavit required by this subsection, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.

      7.  If a veteran or the surviving spouse of a veteran submits, as proof of disability, documentation that indicates a percentage of permanent service-connected disability for more than one permanent service-connected disability, the amount of the exemption must be based on the total of those combined percentages, not to exceed 100 percent.

      8.  If a tax exemption is allowed under this section, the claimant is not entitled to an exemption under NRS 361.090.

      [8.] 9.  If any person makes a false affidavit or produces false proof to the county assessor or a notary public, and as a result of the false affidavit or false proof, the person is allowed a tax exemption to which he is not entitled, he is guilty of a gross misdemeanor.

      [9.] 10.  Beginning with the 2005-2006 Fiscal Year, the monetary amounts in subsection 2 must be adjusted for each fiscal year by adding to the amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from December 2003 to the December preceding the fiscal year for which the adjustment is calculated.

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

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ê2005 Statutes of Nevada, Page 587ê

 

CHAPTER 185, AB 323

Assembly Bill No. 323–Assemblymen Gansert, Smith, Angle, Anderson, Leslie, Marvel and Parnell

 

Joint Sponsors: Senators Townsend, Raggio, Washington and Mathews

 

CHAPTER 185

 

AN ACT relating to water; requiring the Bureau of Consumer Protection in the Office of the Attorney General to conduct an audit and investigation of the rate-setting practices of the Truckee Meadows Water Authority; and providing other matters properly relating thereto.

 

[Approved: May 31, 2005]

 

      Whereas, The Truckee Meadows Water Authority was formed in November of 2000 pursuant to a cooperative agreement between the City of Reno, the City of Sparks and Washoe County; and

      Whereas, The Truckee Meadows Water Authority was formed to purchase the water assets and undertake the water utility operations of the Sierra Pacific Power Company and to develop, manage and maintain supplies of water for communities in the Truckee Meadows; and

      Whereas, In June of 2001, the Truckee Meadows Water Authority issued more than $450 million in bonds to acquire the water assets of the Sierra Pacific Power Company, to provide for capital improvements projects during the first 2 years of operations and to stabilize water rates at then current levels for at least 2 years; and

      Whereas, On October 1, 2003, the Truckee Meadows Water Authority implemented its first water rate increase and announced its intention to implement a phase two and phase three rate increase during subsequent years; and

      Whereas, The first water rate increase implemented by the Truckee Meadows Water Authority raised substantially more revenue than estimated by the Truckee Meadows Water Authority; and

      Whereas, The Truckee Meadows Water Authority approved a second water rate increase effective March 1, 2005, even though a committee established by the Truckee Meadows Water Authority to review its rate-making process and a national expert on water utility rates recommended no rate increase and found that the rates and related rate design proposed by the staff of the Truckee Meadows Water Authority were not consistent with well established rate-setting principles or the need to create equitable rates between existing and future customers and among classes of customers; and

      Whereas, The Truckee Meadows Water Authority has indicated that it intends to require existing residential customers who pay flat rates to convert to metered rates in the next several years; and

      Whereas, The water rates for some classes of customers have increased by as much as 50 percent as a result of the first two rate increases approved by the Truckee Meadows Water Authority; and

      Whereas, The Truckee Meadows Water Authority has indicated an intent to develop a third rate increase proposal during the year 2006; and      Whereas, The Bureau of Consumer Protection was established within the Office of the Attorney General to represent Nevada residents and has specialized expertise and experience in the representation of utility customers; now, therefore,

 

 

 


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ê2005 Statutes of Nevada, Page 588 (Chapter 185, AB 323)ê

 

      Whereas, The Bureau of Consumer Protection was established within the Office of the Attorney General to represent Nevada residents and has specialized expertise and experience in the representation of utility customers; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The Bureau of Consumer Protection in the Office of the Attorney General shall conduct an audit and investigation of the rate-setting practices of the Truckee Meadows Water Authority. The costs of the audit and investigation must not exceed $100,000.

      Sec. 2.  The Bureau of Consumer Protection may examine any books, accounts, minutes, records or other papers or property of the Truckee Meadows Water Authority that the Bureau of Consumer Protection deems necessary to perform the audit and investigation. The Truckee Meadows Water Authority shall cooperate fully with the audit and investigation and shall provide the Bureau of Consumer Protection with access to and copies of the records of the Truckee Meadows Water Authority.

      Sec. 3.  The scope of the audit and investigation may include, without limitation:

      1.  An examination of the procedure utilized by the Truckee Meadows Water Authority to change water rates or charges paid by customers and developers, including notice, the process for input by the general public and technical experts, the timing and availability of data made available to the public and the process by which any decision to change rates is made.

      2.  An examination of the process used for the development of a cost-of-service study and rate design, including calculation of revenue requirements, allocation of the costs of service, distribution of costs to each class of customers and the design of rates.

      3.  Historical and prospective consideration of the following matters relating to rates:

      (a) Sources of revenue and expenses;

      (b) Cash reserves;

      (c) Other specific sources of funding, including the sale of bonds;

      (d) The impact of growth;

      (e) Programs for capital improvement;

      (f) Contributions from developers;

      (g) Facility charges;

      (h) Salaries; and

      (i) Benefits and bonuses for employees.

      4.  A review of the rate changes implemented by the Truckee Meadows Water Authority during the 2-year period ending June 30, 2005.

      5.  Recommendations for improvement of the rate-setting process and any other matter considered in conducting the audit and investigation.

      Sec. 4.  To perform the audit and investigation, the Bureau of Consumer Protection may contract with independent auditors or may use qualified employees of the Bureau of Consumer Protection.

      Sec. 5.  The Bureau of Consumer Protection shall, not later than December 31, 2005, submit a report of the costs and results of the audit and investigation along with any recommendations to the Director of the Legislative Counsel Bureau for transmittal to the Legislature and to the Board of Directors of the Truckee Meadows Water Authority.

 


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ê2005 Statutes of Nevada, Page 589 (Chapter 185, AB 323)ê

 

Legislative Counsel Bureau for transmittal to the Legislature and to the Board of Directors of the Truckee Meadows Water Authority.

      Sec. 6.  1.  On or before July 15, 2005, the Truckee Meadows Water Authority shall pay to the State Treasurer $100,000 for deposit in the Account for the Bureau of Consumer Protection. The required payment must be paid out of the existing operating reserves of the Truckee Meadows Water Authority. The Truckee Meadows Water Authority shall not recover the required payment from ratepayers through any new fee or rate change.

      2.  If the costs incurred by the Bureau of Consumer Protection in performing the audit and investigation are less than the amount paid to the State Treasurer by the Truckee Meadows Water Authority pursuant to subsection 1, the Bureau of Consumer Protection must refund the difference between the payment and the costs incurred in performing the audit and investigation to the Truckee Meadows Water Authority on or before April 1, 2006.

      Sec. 7.  This act becomes effective on July 1, 2005.

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CHAPTER 186, SB 112

Senate Bill No. 112–Committee on Government Affairs

 

CHAPTER 186

 

AN ACT relating to public financial administration; requiring the State Controller to apply the fee charged by certain state agencies for returned checks to other methods of payment that are returned or dishonored; and providing other matters properly relating thereto.

 

[Approved: May 31, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 353C.115 is hereby amended to read as follows:

      353C.115  1.  The State Controller shall adopt regulations establishing a fee of $25 that an agency shall charge a person for each check or [draft] other method of payment that is returned to the agency or otherwise dishonored upon presentation for payment because the person had insufficient money or credit with the drawee or financial institution to pay the check or [draft,] or other method of payment, or because the person stopped payment on the check or [draft.] other method of payment.

      2.  Notwithstanding any specific statute or regulation to the contrary, an agency may only charge and collect a fee for a check or [draft] other method of payment returned to the agency or otherwise dishonored upon presentation for payment because the person has insufficient money or credit, or because the person stopped payment on the check or [draft,] other method of payment, in accordance with the regulations adopted by the State Controller pursuant to this section.

      3.  For the purposes of this section, “agency” does not include the Department of Taxation, Nevada Gaming Commission or State Gaming Control Board.

 


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ê2005 Statutes of Nevada, Page 590 (Chapter 186, SB 112)ê

 

      Sec. 2.  NRS 353C.125 is hereby amended to read as follows:

      353C.125  If, in a previous transaction between an agency and a person, a check or [draft] other method of payment was returned to the agency or otherwise dishonored upon presentation for payment because the person had insufficient money or credit with the drawee or financial institution to pay the check or [draft] other method of payment or because the person had stopped payment on the check or [draft,] other method of payment, the agency may refuse to conduct an additional transaction with the person until the debt owed in the previous transaction is paid.

      Sec. 3.  NRS 360A.040 is hereby amended to read as follows:

      360A.040  1.  If a check or other method of payment submitted to the Department for payment of any tax or fee required by chapter 365, 366 or 373 of NRS or NRS 590.120 or 590.840 is returned to the Department or otherwise dishonored upon [presentment] presentation for payment, the Department:

      (a) Shall charge an additional fee in the amount established by the State Controller pursuant to NRS 353C.115 for handling the check [;] or other method of payment; and

      (b) May require that any future payments be made by cashier’s check, traveler’s check, money order or cash.

      2.  If a check or other method of payment is submitted to the Department for payment of a tax or fee required by chapter 365, 366 or 373 of NRS or NRS 590.120 or 590.840 on or before the date the tax or fee is due, but is afterward returned to the Department or otherwise dishonored upon [presentment] presentation for payment, the submission of the check or other method of payment shall be deemed not to constitute timely payment of the tax or fee.

      Sec. 4.  NRS 481.079 is hereby amended to read as follows:

      481.079  1.  Except as otherwise provided by specific statute, all taxes, license fees and money collected by the Department must be deposited with the State Treasurer to the credit of the Motor Vehicle Fund.

      2.  If a check or any other method of payment accepted by the Department in payment of such fees is returned to the Department or otherwise dishonored upon presentation for payment:

      (a) The drawer or any other person responsible for payment of the fee is subject to a fee in the amount established by the State Controller pursuant to NRS 353C.115 in addition to any other penalties provided by law; and

      (b) The Department may require that future payments from the person be made by cashier’s check, money order, traveler’s check or cash.

      3.  The Department may adjust the amount of a deposit made with the State Treasurer to the credit of the Motor Vehicle Fund for any cash shortage or overage resulting from the collection of fees.

      Sec. 5.  NRS 612.618 is hereby amended to read as follows:

      612.618  1.  If a check or other method of payment is tendered on or before the due date in payment of contributions but is afterward returned to the Division or otherwise dishonored by the financial institution on which [it] the check is drawn [,] or that issued the other method of payment, the check or other method of payment does not constitute timely payment unless the Administrator determines that the return or dishonor occurred because of fault on the part of the financial institution.

      2.  The Administrator shall charge an additional fee in the amount established by the State Controller pursuant to NRS 353C.115 for handling against a person who presents a check or other method of payment that is afterward returned or otherwise dishonored.

 


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ê2005 Statutes of Nevada, Page 591 (Chapter 186, SB 112)ê

 

against a person who presents a check or other method of payment that is afterward returned or otherwise dishonored. The fee must be deposited in the Unemployment Compensation Administration Fund.

      Sec. 6.  NRS 634.135 is hereby amended to read as follows:

      634.135  1.  The Board may charge and collect fees not to exceed:

 

For an application for a license to practice chiropractic............ $200.00

For an examination for a license to practice chiropractic........... 200.00

For an application for, and the issuance of, a certificate as a chiropractor’s assistant             100.00

For an examination for a certificate as a chiropractor’s assistant 100.00

For the issuance of a license to practice chiropractic................... 300.00

For the annual renewal of a license to practice chiropractic....... 300.00

For the annual renewal of an inactive license to practice chiropractic 100.00

For the annual renewal of a certificate as a chiropractor’s assistant 50.00

For the restoration to active status of an inactive license to practice chiropractic     300.00

For reinstating a license to practice chiropractic which has been suspended or revoked          500.00

For reinstating a certificate as a chiropractor’s assistant which has been suspended pursuant to NRS 634.130 100.00

For a review of any subject on the examination............................. 25.00

For the issuance of a duplicate license or for changing the name on a license           35.00

For written certification of licensure................................................... 25.00

For providing a list of persons who are licensed to practice chiropractic to a person who is not licensed to practice chiropractic...................................................................................... 25.00

For providing a list of persons who were licensed to practice chiropractic following the most recent examination of the Board to a person who is not licensed to practice chiropractic 10.00

For a set of mailing labels containing the names and addresses of the persons who are licensed to practice chiropractic in this State........................................................................................... 35.00

For providing a copy of the statutes, regulations and other rules governing the practice of chiropractic in this State to a person who is not licensed to practice chiropractic................... 25.00

For each page of a list of continuing education courses that have been approved by the Board            .50

For an application to a preceptor program offered by the Board to graduates of chiropractic schools or colleges............................................................................................................ 35.00

For a review by the Board of a course offered by a chiropractic school or college or a course of continuing education in chiropractic...................................................................................... 10.00

 

      2.  In addition to the fees set forth in subsection 1, the Board may charge and collect reasonable and necessary fees for any other service it provides.

 


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ê2005 Statutes of Nevada, Page 592 (Chapter 186, SB 112)ê

 

      3.  For a check or other method of payment made payable to the Board or tendered to the Board that is returned to the Board or otherwise dishonored upon presentation for payment, the Board shall assess and collect a fee in the amount established by the State Controller pursuant to NRS 353C.115.

      Sec. 7.  NRS 679B.228 is hereby amended to read as follows:

      679B.228  The Division shall charge a person a fee in the amount established by the State Controller pursuant to NRS 353C.115 for each check or other method of payment that is returned to the Division or otherwise dishonored because the person had insufficient money or credit with the drawee or financial institution to pay the check or other method of payment or because the person stopped payment on the check [.] or other method of payment.

      Sec. 8.  This act becomes effective on July 1, 2005.

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CHAPTER 187, SB 71

Senate Bill No. 71–Committee on Legislative Operations and Elections

 

CHAPTER 187

 

AN ACT relating to the Public Employees’ Benefits Program; eliminating the requirement that the annual salaries of the executive staff of the Public Employees’ Benefits Program be approved by the Interim Retirement and Benefits Committee; and providing other matters properly relating thereto.

 

[Approved: May 31, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 287.0424 is hereby amended to read as follows:

      287.0424  1.  The Board shall employ an Executive Officer who is in the unclassified service of the State and serves at the pleasure of the Board. The Board may delegate to the Executive Officer the exercise or discharge of any power, duty or function vested in or imposed upon the Board.

      2.  The Executive Officer must:

      (a) Be a graduate of a 4-year college or university with a degree in business administration or public administration or an equivalent degree, as determined by the Board; and

      (b) Possess at least 5 years’ experience in a high-level administrative or executive capacity in the field of insurance, management of employees’ benefits or risk management, including, without limitation, responsibility for a variety of administrative functions such as personnel, accounting, data processing or the structuring of insurance programs.

      3.  Except as otherwise provided in NRS 284.143, the Executive Officer shall not pursue any other business or occupation or perform the duties of any other office of profit during normal office hours unless on leave approved in advance. The Executive Officer shall not participate in any business enterprise or investment with any vendor or provider to the Program.

 


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ê2005 Statutes of Nevada, Page 593 (Chapter 187, SB 71)ê

 

      4.  The Executive Officer is entitled to an annual salary fixed by the Board . [with the approval of the Interim Retirement and Benefits Committee of the Legislature created pursuant to NRS 218.5373.] The salary of the Executive Officer is exempt from the limitations set forth in NRS 281.123.

      Sec. 2.  NRS 287.0426 is hereby amended to read as follows:

      287.0426  1.  The Executive Officer may appoint a Quality Control Officer, Operations Officer, Accounting Officer, Information Technology Systems Officer and Executive Assistant , who are in the unclassified service of the State and serve at the pleasure of the Executive Officer. The appointment and dismissal of the Quality Control Officer are subject to the approval of the Board.

      2.  The Quality Control Officer, Operations Officer, Accounting Officer and Information Technology Systems Officer must each be a graduate of a 4-year college or university with a degree that is appropriate to their respective responsibilities or possess equivalent experience as determined by the Board.

      3.  The Quality Control Officer, Operations Officer, Accounting Officer, Information Technology Systems Officer and Executive Assistant are entitled to annual salaries fixed by the Board . [with the approval of the Interim Retirement and Benefits Committee of the Legislature created pursuant to NRS 218.5373.] The salaries of these employees are exempt from the limitations set forth in NRS 281.123.

      4.  The Executive Officer may employ such staff in the classified service of the State as are necessary for the performance of his duties, within limits of legislative appropriations or other available money.

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

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CHAPTER 188, AB 232

Assembly Bill No. 232–Assemblymen Perkins, Conklin, Anderson, Horne, Gerhardt and Denis

 

CHAPTER 188

 

AN ACT relating to weapons; authorizing certain law enforcement officers and retired law enforcement officers to carry certain concealed weapons and firearms in certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 31, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 202 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A retired law enforcement officer who is a resident of this State may apply, on a form prescribed by regulation of the Department, to the sheriff of the county in which he resides for any certification required pursuant to 18 U.S.C. § 926C(d) to become a qualified retired law enforcement officer. Application forms for certification must be provided by the sheriff of each county upon request.

 


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ê2005 Statutes of Nevada, Page 594 (Chapter 188, AB 232)ê

 

      2.  The sheriff shall provide the certification pursuant to subsection 1 to a retired law enforcement officer who submits a completed application and pays any fee required pursuant to subsection 3 if the sheriff determines that the officer meets the standards for training and qualifications.

      3.  The sheriff may impose a nonrefundable fee in the amount necessary to pay the expenses in providing the certification.

      4.  As used in this section, “qualified retired law enforcement officer” has the meaning ascribed to it in 18 U.S.C. § 926C.

      Sec. 2.  NRS 202.253 is hereby amended to read as follows:

      202.253  As used in NRS 202.253 to 202.369, inclusive [:] , and section 1 of this act:

      1.  “Explosive or incendiary device” means any explosive or incendiary material or substance that has been constructed, altered, packaged or arranged in such a manner that its ordinary use would cause destruction or injury to life or property.

      2.  “Firearm” means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.

      3.  “Firearm capable of being concealed upon the person” applies to and includes all firearms having a barrel less than 12 inches in length.

      4.  “Motor vehicle” means every vehicle that is self-propelled.

      Sec. 3.  NRS 202.350 is hereby amended to read as follows:

      202.350  1.  Except as otherwise provided in this section and NRS 202.355 and 202.3653 to 202.369, inclusive, and section 1 of this act, a person within this State shall not:

      (a) Manufacture or cause to be manufactured, or import into the State, or keep, offer or expose for sale, or give, lend or possess any knife which is made an integral part of a belt buckle or any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slungshot, billy, sand-club, sandbag or metal knuckles;

      (b) Manufacture or cause to be manufactured, or import into the State, or keep, offer or expose for sale, or give, lend, possess or use a machine gun or a silencer, unless authorized by federal law;

      (c) With the intent to inflict harm upon the person of another, possess or use a nunchaku or trefoil; or

      (d) Carry concealed upon his person any:

             (1) Explosive substance, other than ammunition or any components thereof;

             (2) Dirk, dagger or machete;

             (3) Pistol, revolver or other firearm, or other dangerous or deadly weapon; or

             (4) Knife which is made an integral part of a belt buckle.

      2.  Except as otherwise provided in NRS 202.275 and 212.185, a person who violates any of the provisions of:

      (a) Paragraph (a) or (c) or subparagraph (2) or (4) of paragraph (d) of subsection 1 is guilty:

             (1) For the first offense, of a gross misdemeanor.

             (2) For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130.

 


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ê2005 Statutes of Nevada, Page 595 (Chapter 188, AB 232)ê

 

      (b) Paragraph (b) or subparagraph (1) or (3) of paragraph (d) of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      3.  Except as otherwise provided in this subsection, the sheriff of any county may, upon written application by a resident of that county showing the reason or the purpose for which a concealed weapon is to be carried, issue a permit authorizing the applicant to carry in this State the concealed weapon described in the permit. The sheriff shall not issue a permit to a person to carry a switchblade knife. This subsection does not authorize the sheriff to issue a permit to a person to carry a pistol, revolver or other firearm.

      4.  Except as otherwise provided in subsection 5, this section does not apply to:

      (a) Sheriffs, constables, marshals, peace officers, correctional officers employed by the Department of Corrections, special police officers, police officers of this State, whether active or honorably retired, or other appointed officers.

      (b) Any person summoned by any peace officer to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such an officer.

      (c) Any full-time paid peace officer of an agency of the United States or another state or political subdivision thereof when carrying out official duties in the State of Nevada.

      (d) Members of the Armed Forces of the United States when on duty.

      5.  The exemptions provided in subsection 4 do not include a former peace officer who is retired for disability unless his former employer has approved his fitness to carry a concealed weapon.

      6.  The provisions of paragraph (b) of subsection 1 do not apply to any person who is licensed, authorized or permitted to possess or use a machine gun or silencer pursuant to federal law. The burden of establishing federal licensure, authorization or permission is upon the person possessing the license, authorization or permission.

      7.  This section shall not be construed to prohibit a qualified law enforcement officer or a qualified retired law enforcement officer from carrying a concealed weapon in this State if he is authorized to do so pursuant to 18 U.S.C. § 926B or 926C.

      8.  As used in this section:

      (a) “Concealed weapon” means a weapon described in this section that is carried upon a person in such a manner as not to be discernable by ordinary observation.

      (b) “Honorably retired” means retired in Nevada after completion of 10 years of creditable service as a member of the Public Employees’ Retirement System. A former peace officer is not “honorably retired” if he was discharged for cause or resigned before the final disposition of allegations of serious misconduct.

      (c) “Machine gun” means any weapon which shoots, is designed to shoot or can be readily restored to shoot more than one shot, without manual reloading, by a single function of the trigger.

      (d) “Nunchaku” means an instrument consisting of two or more sticks, clubs, bars or rods connected by a rope, cord, wire or chain used as a weapon in forms of Oriental combat.

 


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ê2005 Statutes of Nevada, Page 596 (Chapter 188, AB 232)ê

 

      (e) “Qualified law enforcement officer” has the meaning ascribed to it in 18 U.S.C. § 926B(c).

      (f) “Qualified retired law enforcement officer” has the meaning ascribed to it in 18 U.S.C. § 926C(c).

      (g) “Silencer” means any device for silencing, muffling or diminishing the report of a firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a silencer or muffler, and any part intended only for use in such assembly or fabrication.

      [(f)] (h) “Switchblade knife” means a spring-blade knife, snap-blade knife or any other knife having the appearance of a pocket knife, any blade of which is 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle or other mechanical device, or is released by any type of mechanism. The term does not include a knife which has a blade that is held in place by a spring if the blade does not have any type of automatic release.

      [(g)] (i) “Trefoil” means an instrument consisting of a metal plate having three or more radiating points with sharp edges, designed in the shape of a star, cross or other geometric figure and used as a weapon for throwing.

      Sec. 4.  NRS 202.3653 is hereby amended to read as follows:

      202.3653  As used in NRS 202.3653 to 202.369, inclusive, and section 1 of this act, unless the context otherwise requires:

      1.  “Concealed firearm” means a loaded or unloaded pistol, revolver or other firearm which is carried upon a person in such a manner as not to be discernible by ordinary observation.

      2.  “Department” means the Department of Public Safety.

      3.  “Permit” means a permit to carry a concealed firearm issued pursuant to the provisions of NRS 202.3653 to 202.369, inclusive [.] , and section 1 of this act.

      Sec. 5.  NRS 202.368 is hereby amended to read as follows:

      202.368  All fees collected pursuant to the provisions of NRS 202.3653 to 202.369, inclusive, and section 1 of this act must be deposited with the county treasurer of the county in which the fees are collected and:

      1.  If the county has a metropolitan police department created pursuant to chapter 280 of NRS, credited to the general fund of that metropolitan police department; or

      2.  If the county does not have a metropolitan police department created pursuant to chapter 280 of NRS, credited to the general fund of that county.

      Sec. 6.  NRS 202.3683 is hereby amended to read as follows:

      202.3683  The State or any political subdivision of the State, the Department, a sheriff, law enforcement agency, firearm safety or training instructor or any other person who, in good faith and without gross negligence, acts pursuant to the provisions of NRS 202.3653 to 202.369, inclusive, and section 1 of this act is immune from civil liability for those acts. Such acts include, but are not limited to, the receipt, review or investigation of an application for a permit, the certification of a retired law enforcement officer, or the issuance, denial, suspension, revocation or renewal of a permit.

      Sec. 7.  NRS 202.369 is hereby amended to read as follows:

      202.369  The Department may adopt such regulations as are necessary to carry out the provisions of NRS 202.3653 to 202.369, inclusive [.] , and section 1 of this act.

 


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ê2005 Statutes of Nevada, Page 597 (Chapter 188, AB 232)ê

 

      Sec. 8.  This act becomes effective upon passage and approval.

________

 

CHAPTER 189, AB 379

Assembly Bill No. 379–Assemblyman Atkinson

 

CHAPTER 189

 

AN ACT relating to wildlife; authorizing a person to act on behalf of another to obtain a license, tag or permit from the Department of Wildlife under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 31, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 502 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person may obtain or attempt to obtain on behalf of an applicant any license, tag or permit issued pursuant to this chapter if the person acts pursuant to a power of attorney or other written instrument that:

      (a) Provides that the power of attorney or other written instrument is executed for the sole purpose of authorizing the person to apply in the State of Nevada on behalf of the applicant for a license, tag or permit for a specific season;

      (b) Provides that the power of attorney or other written instrument expires on February 28 of the year following the year in which the power of attorney or other written instrument is executed; and

      (c) Is acknowledged and includes a jurat as defined in NRS 240.0035, or is otherwise certified.

      2.  Any license, tag or permit which is obtained by the use of a power of attorney or other written instrument that does not comply with the provisions of subsection 1 is void.

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

________

 

 


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ê2005 Statutes of Nevada, Page 598ê

 

CHAPTER 190, AB 215

Assembly Bill No. 215–Assemblymen Sibley, Seale, Buckley, Kirkpatrick, Ohrenschall, Allen, Anderson, Angle, Atkinson, Carpenter, Christensen, Conklin, Gansert, Goicoechea, Grady, Hardy, Hettrick, Mabey, Manendo, Marvel, Mortenson, Munford, Oceguera and Sherer

 

Joint Sponsors: Senators Amodei and Heck

 

CHAPTER 190

 

AN ACT relating to real property; providing an exception to the requirement that a seller complete and serve a disclosure form on a purchaser of residential property for certain actions for foreclosure; and providing other matters properly relating thereto.

 

[Approved: May 31, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 113.130 is hereby amended to read as follows:

      113.130  1.  Except as otherwise provided in subsections 2 and 3:

      (a) At least 10 days before residential property is conveyed to a purchaser:

             (1) The seller shall complete a disclosure form regarding the residential property; and

             (2) The seller or his agent shall serve the purchaser or his agent with the completed disclosure form.

      (b) If, after service of the completed disclosure form but before conveyance of the property to the purchaser, a seller or his agent discovers a new defect in the residential property that was not identified on the completed disclosure form or discovers that a defect identified on the completed disclosure form has become worse than was indicated on the form, the seller or his agent shall inform the purchaser or his agent of that fact, in writing, as soon as practicable after the discovery of that fact but in no event later than the conveyance of the property to the purchaser. If the seller does not agree to repair or replace the defect, the purchaser may:

             (1) Rescind the agreement to purchase the property; or

             (2) Close escrow and accept the property with the defect as revealed by the seller or his agent without further recourse.

      2.  Subsection 1 does not apply to a sale or intended sale of residential property:

      (a) By foreclosure pursuant to chapter 107 of NRS.

      (b) Between any co-owners of the property, spouses or persons related within the third degree of consanguinity.

      [(b)] (c) Which is the first sale of a residence that was constructed by a licensed contractor.

      [(c)] (d) By a person who takes temporary possession or control of or title to the property solely to facilitate the sale of the property on behalf of a person who relocates to another county, state or country before title to the property is transferred to a purchaser.

 


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ê2005 Statutes of Nevada, Page 599 (Chapter 190, AB 215)ê

 

      3.  A purchaser of residential property may waive any of the requirements of subsection 1. Any such waiver is effective only if it is made in a written document that is signed by the purchaser and notarized.

      4.  If a sale or intended sale of residential property is exempted from the requirements of subsection 1 pursuant to paragraph (a) of subsection 2, the trustee and the beneficiary of the deed of trust shall, not later than at the time of the conveyance of the property to the purchaser of the residential property, provide written notice to the purchaser of any defects in the property of which the trustee or beneficiary, respectively, is aware.

________

 

CHAPTER 191, AB 59

Assembly Bill No. 59–Assemblymen Ohrenschall, Pierce, Leslie, Allen, Atkinson, Claborn, Gerhardt, Hogan, Horne, Manendo, Mortenson, Munford, Oceguera and Smith (by request)

 

Joint Sponsors: Senators Amodei and Care

 

CHAPTER 191

 

AN ACT relating to public health; requiring certain medical facilities to report facility-acquired infections as sentinel events to the Health Division of the Department of Human Resources; and providing other matters properly relating thereto.

 

[Approved: May 31, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 439 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Facility-acquired infection” means a localized or systemic condition which results from an adverse reaction to the presence of an infectious agent or its toxins and which was not detected as present or incubating at the time a patient was admitted to a medical facility, including, without limitation:

      1.  Surgical site infections;

      2.  Ventilator-associated pneumonia;

      3.  Central line-related bloodstream infections;

      4.  Urinary tract infections; and

      5.  Other categories of infections as may be established by the Administrator by regulation pursuant to NRS 439.890.

      Sec. 2.  NRS 439.800 is hereby amended to read as follows:

      439.800  As used in NRS 439.800 to 439.890, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 439.805 to 439.830, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

      Sec. 3.  NRS 439.830 is hereby amended to read as follows:

      439.830  “Sentinel event” means an unexpected occurrence involving facility-acquired infection, death or serious physical or psychological injury or the risk thereof, including, without limitation, any process variation for which a recurrence would carry a significant chance of a serious adverse outcome.

 


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ê2005 Statutes of Nevada, Page 600 (Chapter 191, AB 59)ê

 

which a recurrence would carry a significant chance of a serious adverse outcome. The term includes loss of limb or function.

      Sec. 4.  NRS 439.860 is hereby amended to read as follows:

      439.860  Any report, document and any other information compiled or disseminated pursuant to the provisions of NRS 439.800 to 439.890, inclusive, and section 1 of this act is not admissible in evidence in any administrative or legal proceeding conducted in this State.

      Sec. 5.  NRS 439.880 is hereby amended to read as follows:

      439.880  No person is subject to any criminal penalty or civil liability for libel, slander or any similar cause of action in tort if he, without malice:

      1.  Reports a sentinel event to a governmental entity with jurisdiction or another appropriate authority;

      2.  Notifies a governmental entity with jurisdiction or another appropriate authority of a sentinel event;

      3.  Transmits information regarding a sentinel event to a governmental entity with jurisdiction or another appropriate authority;

      4.  Compiles, prepares or disseminates information regarding a sentinel event to a governmental entity with jurisdiction or another appropriate authority; or

      5.  Performs any other act authorized pursuant to NRS 439.800 to 439.890, inclusive [.] , and section 1 of this act.

      Sec. 6.  NRS 439.885 is hereby amended to read as follows:

      439.885  If a medical facility:

      1.  Commits a violation of any provision of NRS 439.800 to 439.890, inclusive, and section 1 of this act, or for any violation for which an administrative sanction pursuant to NRS 449.163 would otherwise be applicable; and

      2.  Of its own volition, reports the violation to the Administrator,

Ê such a violation must not be used as the basis for imposing an administrative sanction pursuant to NRS 449.163.

      Sec. 7.  NRS 439.890 is hereby amended to read as follows:

      439.890  The Administrator shall adopt such regulations as the Administrator determines to be necessary or advisable to carry out the provisions of NRS 439.800 to 439.890, inclusive [.] , and section 1 of this act.

________

 

 


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ê2005 Statutes of Nevada, Page 601ê

 

CHAPTER 192, SB 193

Senate Bill No. 193–Committee on Human Resources and Education

 

CHAPTER 192

 

AN ACT relating to public health; making various changes concerning the Committee on Anatomical Dissection established by the University and Community College System of Nevada; prohibiting a person from receiving a dead body under certain circumstances; decreasing the period of time that the Committee is required to retain any dead body it receives in a receiving vault to not less than 30 days; requiring the Committee to charge and collect certain fees for obtaining, handling and distributing dead bodies; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 31, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 451.360 is hereby amended to read as follows:

      451.360  1.  The University and Community College System of Nevada may establish a Committee on Anatomical Dissection [which must be composed as follows:

      1.  One doctor of medicine] consisting of:

      (a) One member who is a physician licensed to practice medicine pursuant to the provisions of chapter 630 of NRS, appointed by the Nevada State Medical Association.

      [2.  One doctor of]

      (b) One member who is an osteopathic physician licensed to practice osteopathic medicine pursuant to the provisions of chapter 633 of NRS, appointed by the Nevada Osteopathic Medical Association.

      (c) One member who is a dentist licensed to practice dentistry pursuant to the provisions of chapter 631 of NRS, appointed by the Nevada [State] Dental Association.

      [3.] (d) One member who is a pathologist , appointed by the Nevada [State] Society of Pathologists.

      [4.] (e) One member appointed by the President of the University of Nevada, Reno , from the faculty of the University of Nevada, Reno.

      [5.] (f) One member appointed by the President of the University of Nevada, Las Vegas , from the faculty of the University of Nevada, Las Vegas.

      [6.] (g) One member appointed by the President of the Touro University College of Osteopathic Medicine, Nevada, or its successor, from the faculty of the Touro University College of Osteopathic Medicine, Nevada.

      (h) The State Health Officer , or [one of his staff appointed by him.

      7.] his designee.

      (i) One member appointed by the Nevada Funeral Service Association.

      2.  The Committee shall elect:

      (a) The member appointed by the President of the University of Nevada, Reno, or the member appointed by the President of the University of Nevada, Las Vegas, to serve as Chairman of the Committee; and

 


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ê2005 Statutes of Nevada, Page 602 (Chapter 192, SB 193)ê

 

      (b) A Secretary from among its members.

      3.  The Chairman and Secretary shall hold office for a term of 1 year.

      Sec. 2.  NRS 451.370 is hereby amended to read as follows:

      451.370  1.  The Committee shall meet:

      (a) At least twice annually and at other times specified by a call of the Chairman of the Committee or a majority of its members; and

      (b) At places specified by the Chairman.

      2.  The Committee shall keep full and complete minutes of each meeting of the Committee and a complete record of all dead human bodies received and distributed by it and of the persons to whom the bodies may be distributed. The minutes and records must be open at all times [to the inspection of] for inspection by each member of the Committee and [of] by the district attorney of any county within the State.

      3.  The Secretary of the Committee is responsible for keeping the minutes of each meeting of the Committee and preparing and maintaining a complete file of the minutes and records of the Committee.

      4.  The Committee shall prepare and approve an annual budget for the Committee.

      5.  A report of the activities of the Committee must be made before September 1 of each even-numbered year covering the biennium ending June 30 of such year to [the] :

      (a) The Presidents of the University and Community College System of Nevada [and to the] ;

      (b) The State Board of Health [. One of the members of the Committee from the University and Community College System of Nevada must act as Secretary and shall be responsible for preparing and maintaining a complete file of such minutes and records.] ;

      (c) The Governor; and

      (d) The Director of the Legislative Counsel Bureau for transmittal to the appropriate committee or committees of the Legislature.

      Sec. 3.  NRS 451.390 is hereby amended to read as follows:

      451.390  The Committee shall [from time to time] adopt such regulations as it may deem necessary for the performance of its duties [. The Committee may meet regularly once a year and at such other times as it deems necessary.] , including, without limitation, regulations concerning the persons and entities that are eligible to receive dead bodies pursuant to NRS 451.450.

      Sec. 4.  NRS 451.400 is hereby amended to read as follows:

      451.400  1.  All public officers, agents or employees of every county, city or town, every person in charge of any prison, morgue, hospital, funeral parlor or mortuary, and all other persons coming into possession, charge or control of any dead human body which is unclaimed or which is required to be buried at public expense are hereby required to notify immediately the Committee [immediately, or such person as may from time to time be designated by the Committee.] or its designee.

      2.  Except as otherwise provided in NRS 451.420, every [such] person required to notify the Committee or its designee of his possession, charge or control of a dead human body pursuant to subsection 1 shall, upon the request of the Committee and without fee, deliver such a dead body to the Committee, or to such agent, institution or person as the Committee [shall] may designate.

 


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ê2005 Statutes of Nevada, Page 603 (Chapter 192, SB 193)ê

 

      Sec. 5.  NRS 451.410 is hereby amended to read as follows:

      451.410  [All bodies] Each dead human body received by the Committee shall be retained in a receiving [vaults] vault for a period of not less than [60] 30 days before allowing [their] its use for medical science. If at any time more bodies are made available to the Committee than can be used for medical science under its jurisdiction, or a body shall be deemed by the Committee to be unfit for anatomical purposes, the Committee may notify, in writing, the board of county commissioners of the county where the death occurred. Upon receiving such notification, the board of county commissioners shall direct [some] a person to take charge of such body and cause it to be buried or cremated in accordance with the existing rules, laws and practices for disposing of unclaimed bodies within such county.

      Sec. 6.  NRS 451.450 is hereby amended to read as follows:

      451.450  1.  The Committee or its duly authorized agent shall take and receive the bodies delivered to it [under] pursuant to the provisions of NRS 451.350 to 451.470, inclusive, and shall distribute such bodies proportionately and equitably, among schools, teaching hospitals [wherein the] in which there is a resident training program that requires cadaveric material for study, and such other [groups] person or entity as the Committee may determine to be eligible to receive such bodies.

      2.  The Committee shall charge and collect:

      (a) From a university, state college, community college or medical school within the University and Community College System of Nevada and any other medical school in this State to which the Committee distributes a dead human body in accordance with subsection 1, a fee in an amount not to exceed the expenses of the Committee to obtain, handle and distribute the body delivered to it pursuant to the provisions of NRS 451.350 to 451.470, inclusive; and

      (b) From any other person or entity to which the Committee distributes a dead human body in accordance with subsection 1:

             (1) A fee in an amount not to exceed the expenses of the Committee to obtain, handle and distribute the body delivered to it pursuant to the provisions of NRS 451.350 to 451.470, inclusive; and

             (2) An additional fee of $200 for each body distributed to the person or entity which must be used by the Committee to carry out the provisions of NRS 451.350 to 451.470, inclusive.

      3.  A person or entity may not receive a dead body for the promotion of medical science unless the Committee has determined that the person or entity is eligible to receive the dead body. A person or entity who receives a dead body in violation of this subsection is guilty of a gross misdemeanor.

      Sec. 7.  NRS 451.460 is hereby amended to read as follows:

      451.460  [No] The Committee shall not distribute a body delivered to it pursuant to the provisions of NRS 451.350 to 451.470, inclusive, to a university, school, college, teaching hospital or [association shall be allowed or permitted to receive any such body] entity pursuant to NRS 451.450 until the university, school, college, teaching hospital or entity submits a bond, [approved as to] in a form approved by the Attorney General, [has been given] to the Committee. Such bond shall be in the penal sum of $1,000 conditioned that all such bodies received by such university, school, college, teaching hospital or association shall be used for no other purpose than the promotion of medical science within this State.

 


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ê2005 Statutes of Nevada, Page 604 (Chapter 192, SB 193)ê

 

      Sec. 8.  NRS 451.470 is hereby amended to read as follows:

      451.470  At any time any body, or part of any body accepted by the Committee, has been used and deemed of no further value to medical or dental science, the person having charge of such body or parts of such body [will] shall dispose of the remains by cremation or as otherwise specified under prior mutually agreed special conditions of acceptance.

________

 

CHAPTER 193, AB 421

Assembly Bill No. 421–Assemblymen Conklin, Anderson, Manendo, McCleary, Allen, Carpenter, Gerhardt, Horne, Mabey, Mortenson, Oceguera and Seale

 

CHAPTER 193

 

AN ACT relating to substances causing impairment; providing that once a person has been convicted of a felony for operating a vehicle or vessel while under the influence of alcohol or a controlled substance, any subsequent violation is treated as a felony; and providing other matters properly relating thereto.

 

[Approved: May 31, 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:

      (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] violation of NRS 484.379 [.] that is punishable as a felony pursuant to NRS 484.3792.

             (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 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.

 


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ê2005 Statutes of Nevada, Page 605 (Chapter 193, AB 421)ê

 

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] violation of NRS 484.379 that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484.3792 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] violation of NRS 484.379 [.] that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792.

      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] violation of NRS 484.379 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792 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.

      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.  NRS 483.490 is hereby amended to read as follows:

      483.490  1.  Except as otherwise provided in this section, after a driver’s license has been suspended or revoked for an offense other than a [second violation within 7 years] violation of NRS 484.379 that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484.3792, and one-half of the period during which the driver is not eligible for a license has expired, the Department may, unless the statute authorizing the suspension prohibits the issuance of a restricted license, issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

 


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ê2005 Statutes of Nevada, Page 606 (Chapter 193, AB 421)ê

 

driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) To and from work or in the course of his work, or both; or

      (b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself or a member of his immediate family.

Ê Before a restricted license may be issued, the applicant must submit sufficient documentary evidence to satisfy the Department that a severe hardship exists because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if he is issued a restricted license.

      2.  A person who has been ordered to install a device in a motor vehicle pursuant to NRS 484.3943:

      (a) Shall install the device not later than 21 days after the date on which the order was issued; and

      (b) May not receive a restricted license pursuant to this section until:

             (1) After at least 1 year of the period during which he is not eligible for a license, if he was convicted of:

                   (I) 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; or

                   (II) A [third or subsequent violation within 7 years] violation of NRS 484.379 [;] that is punishable as a felony pursuant to NRS 484.3792;

             (2) After at least 180 days of the period during which he is not eligible for a license, if he was convicted of a violation of subsection 2 of NRS 484.377; or

             (3) After at least 45 days of the period during which he is not eligible for a license, if he was convicted of a [first violation within 7 years] violation of NRS 484.379 [.] that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792.

      3.  If the Department has received a copy of an order requiring a person to install a device in a motor vehicle pursuant to NRS 484.3943, the Department shall not issue a restricted driver’s license to such a person pursuant to this section unless the applicant has submitted proof of compliance with the order and subsection 2.

      4.  After a driver’s license has been revoked or suspended pursuant to title 5 of NRS, the Department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) If applicable, to and from work or in the course of his work, or both; [and] or

      (b) If applicable, to and from school.

      5.  After a driver’s license has been suspended pursuant to NRS 483.443, the Department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) If applicable, to and from work or in the course of his work, or both;

      (b) To receive regularly scheduled medical care for himself or a member of his immediate family; [and] or

      (c) If applicable, as necessary to exercise a court-ordered right to visit a child.

      6.  A driver who violates a condition of a restricted license issued pursuant to subsection 1 or by another jurisdiction is guilty of a misdemeanor and, if the license of the driver was suspended or revoked for:

 


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ê2005 Statutes of Nevada, Page 607 (Chapter 193, AB 421)ê

 

      (a) A violation of NRS 484.379, 484.3795 or 484.384;

      (b) 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; or

      (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b),

Ê the driver shall be punished in the manner provided pursuant to subsection 2 of NRS 483.560.

      7.  The periods of suspensions and revocations required pursuant to this chapter and NRS 484.384 must run consecutively, except as otherwise provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.

      8.  Whenever the Department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.

      Sec. 3.  NRS 484.3792 is hereby amended to read as follows:

      484.3792  1.  Unless a greater penalty is provided pursuant to NRS 484.3795 [,] and except as otherwise provided in subsection 2, a person who violates the provisions of NRS 484.379:

      (a) For the first offense within 7 years, is guilty of a misdemeanor. Unless he is allowed to undergo treatment as provided in NRS 484.37937, the court shall:

             (1) Except as otherwise provided in subparagraph (4) or subsection [6,] 7, order him to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the Department and complete the course within the time specified in the order, and the court shall notify the Department if he fails to complete the course within the specified time;

             (2) Unless the sentence is reduced pursuant to NRS 484.37937, sentence him to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform not less than 48 hours, but not more than 96 hours, of community service while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379;

             (3) Fine him not less than $400 nor more than $1,000; and

             (4) If he is found to have a concentration of alcohol of 0.18 or more in his blood or breath, order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.

      (b) For a second offense within 7 years, is guilty of a misdemeanor. Unless the sentence is reduced pursuant to NRS 484.3794, the court shall:

             (1) Sentence him to:

                   (I) Imprisonment for not less than 10 days nor more than 6 months in jail; or

                   (II) Residential confinement for not less than 10 days nor more than 6 months, in the manner provided in NRS 4.376 to 4.3766, inclusive, or 5.0755 to 5.078, inclusive;

             (2) Fine him not less than $750 nor more than $1,000, or order him to perform an equivalent number of hours of community service while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379; and

             (3) Order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.

 


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ê2005 Statutes of Nevada, Page 608 (Chapter 193, AB 421)ê

 

Ê A person who willfully fails or refuses to complete successfully a term of residential confinement or a program of treatment ordered pursuant to this [subsection] paragraph is guilty of a misdemeanor.

      (c) For a third [or subsequent] offense within 7 years, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      2.  [An] A person who has previously been convicted of:

      (a) A violation of NRS 484.379 that is punishable as a felony pursuant to paragraph (c) of subsection 1;

      (b) A violation of NRS 484.3795;

      (c) 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; or

      (d) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a), (b) or (c),

Ê and who violates the provisions of NRS 484.379 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      3.  Except as otherwise provided in this subsection, 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. An offense which is listed in paragraphs (a) to (d), inclusive, of subsection 2 that occurred on any date 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 for the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.

      [3.] 4.  A person convicted of violating the provisions of NRS 484.379 must not be released on probation, and a sentence imposed for violating those provisions must not be suspended except, as provided in NRS 4.373, 5.055, 484.37937 and 484.3794, that portion of the sentence imposed that exceeds the mandatory minimum. A prosecuting attorney shall not dismiss a charge of violating the provisions of NRS 484.379 in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.

 


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ê2005 Statutes of Nevada, Page 609 (Chapter 193, AB 421)ê

 

      [4.] 5.  A term of confinement imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the suspension of his sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.

      [5.] 6.  Jail sentences simultaneously imposed pursuant to this section and NRS 482.456, 483.560 or 485.330 must run consecutively.

      [6.] 7.  If the person who violated the provisions of NRS 484.379 possesses a driver’s license issued by a state other than the State of Nevada and does not reside in the State of Nevada, in carrying out the provisions of subparagraph (1) of paragraph (a) of subsection 1, the court shall:

      (a) Order the person to pay tuition for and submit evidence of completion of an educational course on the abuse of alcohol and controlled substances approved by a governmental agency of the state of his residence within the time specified in the order; or

      (b) Order him to complete an educational course by correspondence on the abuse of alcohol and controlled substances approved by the Department within the time specified in the order,

Ê and the court shall notify the Department if the person fails to complete the assigned course within the specified time.

      [7.] 8.  If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      [8.] 9.  As used in this section, unless the context otherwise requires:

      (a) “Concentration of alcohol of 0.18 or more in his blood or breath” means 0.18 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his breath.

      (b) “Offense” means:

             (1) A violation of NRS 484.379 or 484.3795;

             (2) 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; or

             (3) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in subparagraph (1) or (2).

      Sec. 4.  NRS 484.37937 is hereby amended to read as follows:

      484.37937  1.  [Except as otherwise provided in subsection 2, a person] An offender who is found guilty of a [first] violation of NRS 484.379 [,] that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792, other than [a person] an offender who is found to have a concentration of alcohol of 0.18 or more in his blood or breath, may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the Health Division of the Department of Human Resources for at least 6 months.

 


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ê2005 Statutes of Nevada, Page 610 (Chapter 193, AB 421)ê

 

Department of Human Resources for at least 6 months. The court shall authorize that treatment if:

      (a) The [person] offender is diagnosed as an alcoholic or abuser of drugs by:

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

             (2) A physician who is certified to make that diagnosis by the Board of Medical Examiners;

      (b) [He] The offender agrees to pay the cost of the treatment to the extent of his financial resources; and

      (c) [He] The offender has served or will serve a term of imprisonment in jail of 1 day, or has performed or will perform 24 hours of community service.

      2.  [A person may not apply to the court to undergo a program of treatment pursuant to subsection 1 if, within the immediately preceding 7 years, he has been found guilty of:

      (a) A violation of NRS 484.3795;

      (b) 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; or

      (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).

      3.  For the purposes of subsection 1, a violation of a law of any other jurisdiction that prohibits the same or similar conduct as NRS 484.379 constitutes a violation of NRS 484.379.

      4.]  A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the question of whether the offender is eligible to undergo a program of treatment for alcoholism or drug abuse. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion. The hearing must be limited to the question of whether the offender is eligible to undergo such a program of treatment.

      [5.] 3.  At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.

      [6.] 4.  If the court grants an application for treatment, the court shall:

      (a) Immediately sentence the offender and enter judgment accordingly.

      (b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.

      (c) Advise the offender that:

             (1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.

             (2) If he is not accepted for treatment by such a facility or he fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court.

 


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ê2005 Statutes of Nevada, Page 611 (Chapter 193, AB 421)ê

 

the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.

             (3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum fine provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.

      [7.] 5.  The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:

      (a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as otherwise provided in this section.

      (b) May immediately revoke the suspension of sentence for a violation of any condition of the suspension.

      [8.] 6.  The court shall notify the Department, on a form approved by the Department, upon granting the application of the offender for treatment and his failure to be accepted for or complete treatment.

      Sec. 5.  NRS 484.3794 is hereby amended to read as follows:

      484.3794  1.  [Except as otherwise provided in subsection 2, a person] An offender who is found guilty of a [second] violation of NRS 484.379 [within 7 years] that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484.3792 may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the Health Division of the Department of Human Resources for at least 1 year if:

      (a) [He] The offender is diagnosed as an alcoholic or abuser of drugs by:

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

             (2) A physician who is certified to make that diagnosis by the Board of Medical Examiners;

      (b) [He] The offender agrees to pay the costs of the treatment to the extent of his financial resources; and

      (c) [He] The offender has served or will serve a term of imprisonment in jail of 5 days [,] and , if required pursuant to NRS 484.3792, has performed or will perform not less than one-half of the hours of community service.

      2.  [A person may not apply to the court to undergo a program of treatment pursuant to subsection 1 if, within the immediately preceding 7 years, he has been found guilty of:

      (a) A violation of NRS 484.3795;

      (b) 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; or

      (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).

      3.  For the purposes of subsection 1, a violation of a law of any other jurisdiction that prohibits the same or similar conduct as NRS 484.379 constitutes a violation of NRS 484.379.

      4.]  A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the matter. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion.

 


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ê2005 Statutes of Nevada, Page 612 (Chapter 193, AB 421)ê

 

      [5.] 3.  At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.

      [6.] 4.  If the court determines that an application for treatment should be granted, the court shall:

      (a) Immediately sentence the offender and enter judgment accordingly.

      (b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.

      (c) Advise the offender that:

             (1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.

             (2) If he is not accepted for treatment by such a facility or he fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.

             (3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.

      [7.] 5.  The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:

      (a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as otherwise provided in this section.

      (b) May immediately revoke the suspension of sentence for a violation of a condition of the suspension.

      [8.] 6.  The court shall notify the Department, on a form approved by the Department, upon granting the application of the offender for treatment and his failure to be accepted for or complete treatment.

      Sec. 6.  NRS 484.37943 is hereby amended to read as follows:

      484.37943  1.  If [a person] an offender is found guilty of a [first violation,] violation of NRS 484.379 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792 and if the concentration of alcohol in the [defendant’s] offender’s blood or breath at the time of the offense was 0.18 or more, or [any second] if an offender is found guilty of a violation of NRS 484.379 [within 7 years,] that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484.3792, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4 or 5 to determine whether he is an abuser of alcohol or other drugs.

      2.  If [a person] an offender is convicted of a [first] violation of NRS 484.379 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792 and [he] if the offender 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 or 5 to determine whether he is an abuser of alcohol or other drugs.

 


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ê2005 Statutes of Nevada, Page 613 (Chapter 193, AB 421)ê

 

evaluation of the offender pursuant to subsection 3, 4 or 5 to determine whether he is an abuser of alcohol or other drugs.

      3.  Except as otherwise provided in subsection 4 or 5, 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,

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.  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. 7.  NRS 484.3796 is hereby amended to read as follows:

      484.3796  1.  Before sentencing an offender [pursuant to] for a violation of NRS 484.379 that is punishable as a felony pursuant to NRS 484.3792 or a violation of NRS 484.3795 , [or paragraph (c) of subsection 1 of NRS 484.3792,] the court shall require that the offender be evaluated to determine whether he is an abuser of alcohol or drugs and whether he can be treated successfully for his condition.

      2.  The evaluation must be conducted by:

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

      (b) A physician who is certified to make such an evaluation by the Board of Medical Examiners; or

      (c) A psychologist who is certified to make such an evaluation by the Board of Psychological Examiners.

      3.  The alcohol and drug abuse counselor, physician or psychologist who conducts the evaluation shall immediately forward the results of the evaluation to the Director of the Department of Corrections.

      Sec. 8.  NRS 484.3943 is hereby amended to read as follows:

      484.3943  1.  Except as otherwise provided in subsection 5, a court:

      (a) May order a person convicted of a [first] violation of NRS 484.379 [,] that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792 for a period of not less than 3 months nor more than 6 months; and

 


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ê2005 Statutes of Nevada, Page 614 (Chapter 193, AB 421)ê

 

      (b) Shall order a person convicted of a [third or subsequent] violation of NRS 484.379 that is punishable as a felony pursuant to NRS 484.3792 or a violation of NRS 484.3795, for a period of not less than 12 months nor more than 36 months,

Ê to install at his own expense a device in any motor vehicle which he owns or operates as a condition to obtaining a restricted license pursuant to subsection 3 of NRS 483.490.

      2.  A court may order a person convicted of a violation of NRS 484.379 or 484.3795, for a period determined by the court, to install at his own expense a device in any motor vehicle which he owns or operates as a condition of reinstatement of his driving privilege.

      3.  If the court orders a person to install a device pursuant to subsection 1 or 2:

      (a) The court shall immediately prepare and transmit a copy of its order to the Director. The order must include a statement that a device is required and the specific period for which it is required. The Director shall cause this information to be incorporated into the records of the Department and noted as a restriction on the person’s driver’s license.

      (b) The person who is required to install the device shall provide proof of compliance to the Department before he may receive a restricted license or before his driving privilege may be reinstated, as applicable. Each model of a device installed pursuant to this section must have been certified by the Committee on Testing for Intoxication.

      4.  A person whose driving privilege is restricted pursuant to this section shall:

      (a) If he was ordered to install a device pursuant to paragraph (a) of subsection 1, have the device inspected by the manufacturer of the device or its agent at least one time during the period in which he is required to use the device; or

      (b) If he was ordered to install a device pursuant to paragraph (b) of subsection 1, have the device inspected by the manufacturer of the device or its agent at least one time each 90 days,

Ê to determine whether the device is operating properly. An inspection required pursuant to this subsection must be conducted in accordance with regulations adopted pursuant to NRS 484.3888. The manufacturer or its agent shall submit a report to the Director indicating whether the device is operating properly and whether it has been tampered with. If the device has been tampered with, the Director shall notify the court that ordered the installation of the device.

      5.  If a person is required to operate a motor vehicle in the course and scope of his employment and the motor vehicle is owned by his employer, the person may operate that vehicle without the installation of a device, if:

      (a) The employee notifies his employer that the employee’s driving privilege has been so restricted; and

      (b) The employee has proof of that notification in his possession or the notice, or a facsimile copy thereof, is with the motor vehicle.

Ê This exemption does not apply to a motor vehicle owned by a business which is all or partly owned or controlled by the person otherwise subject to this section.

 


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ê2005 Statutes of Nevada, Page 615 (Chapter 193, AB 421)ê

 

      Sec. 9.  Chapter 488 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person who violates the provisions of NRS 488.410 and who has previously been convicted of a violation of NRS 488.420 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct as set forth in NRS 488.420 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      2.  The facts concerning a prior violation of NRS 488.420 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.

      3.  A prosecuting attorney shall not dismiss a charge of violating the provisions of NRS 488.410 against a person previously convicted of violating NRS 488.420 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 sentence imposed pursuant to subsection 1 must not be suspended, and probation must not be granted.

      4.  If a person less than 15 years of age was in the vessel at the time of the defendant’s violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      Sec. 10.  NRS 488.410 is hereby amended to read as follows:

      488.410  1.  It is unlawful for any person who:

      (a) Is under the influence of intoxicating liquor;

      (b) Has a concentration of alcohol of 0.08 or more in his blood or breath; or

      (c) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel to have a concentration of alcohol of 0.08 or more in his blood or breath,

Ê to operate or be in actual physical control of a vessel under power or sail on the waters of this State.

      2.  It is unlawful for any person who:

      (a) Is under the influence of a controlled substance;

      (b) Is under the combined influence of intoxicating liquor and a controlled substance; or

      (c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely operating or exercising actual physical control of a vessel under power or sail,

Ê to operate or be in actual physical control of a vessel under power or sail on the waters of this State.

      3.  It is unlawful for any person to operate or be in actual physical control of a vessel under power or sail on the waters of this State with an amount of a prohibited substance in his blood or urine that is equal to or greater than:

 


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ê2005 Statutes of Nevada, Page 616 (Chapter 193, AB 421)ê

 

                                                                                                 Urine                     Blood

                                                                               Nanograms per    Nanograms per

      Prohibited substance                                                milliliter                  milliliter

 

      (a) Amphetamine                                                             500                         100

      (b) Cocaine                                                                        150                           50

      (c) Cocaine metabolite                                                    150                           50

      (d) Heroin                                                                       2,000                           50

      (e) Heroin metabolite:

             (1) Morphine                                                            2,000                           50

             (2) 6-monoacetyl morphine                                       10                           10

      (f) Lysergic acid diethylamide                                          25                           10

      (g) Marijuana                                                                      10                              2

      (h) Marijuana metabolite                                                  15                              5

      (i) Methamphetamine                                                     500                         100

      (j) Phencyclidine                                                                 25                           10

 

      4.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel, and before his blood was tested, to cause him to have a concentration of 0.08 or more of alcohol in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      5.  Except as otherwise provided in section 9 of this act, a person who violates the provisions of this section is guilty of a misdemeanor.

      Sec. 11.  NRS 488.430 is hereby amended to read as follows:

      488.430  1.  Before sentencing a defendant pursuant to NRS 488.420 [,] or section 9 of this act, the court shall require that the defendant be evaluated to determine whether he is an abuser of alcohol or drugs and whether he can be treated successfully for his condition.

      2.  The evaluation must be conducted by:

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

      (b) A physician who is certified to make such an evaluation by the Board of Medical Examiners; or

      (c) A psychologist who is certified to make such an evaluation by the Board of Psychological Examiners.

      3.  The alcohol and drug abuse counselor, physician or psychologist who conducts the evaluation shall immediately forward the results of the evaluation to the Director of the Department of Corrections.

      Sec. 12.  NRS 209.425 is hereby amended to read as follows:

      209.425  1.  The Director shall, with the approval of the Board, establish a program for the treatment of an abuser of alcohol or drugs who is imprisoned for a violation of NRS 484.379 that is punishable as a felony pursuant to [paragraph (c) of subsection 1 of] NRS 484.3792 or a violation of NRS 484.3795. The program must include an initial period of intensive mental and physical rehabilitation in a facility of the Department, followed by regular sessions of education, counseling and any other necessary or desirable treatment.

 


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ê2005 Statutes of Nevada, Page 617 (Chapter 193, AB 421)ê

 

      2.  The Director may, upon the request of the offender after the initial period of rehabilitation, allow the offender to earn wages under any other program established by the Department if the offender assigns to the Department any wages he earns under such a program. The Director may deduct from the wages of the offender an amount determined by the Director, with the approval of the Board, to:

      (a) Offset the costs, as reflected in the budget of the Department, to maintain the offender in a facility or institution of the Department and in the program of treatment established pursuant to this section; and

      (b) Meet any existing obligation of the offender for the support of his family or restitution to any victim of his crime.

      Sec. 13.  NRS 209.481 is hereby amended to read as follows:

      209.481  1.  The Director shall not assign any prisoner to an institution or facility of minimum security if the prisoner:

      (a) Except as otherwise provided in NRS 484.3792 , [and] 484.3795, 488.420 and section 9 of this act, is not eligible for parole or release from prison within a reasonable period;

      (b) Has recently committed a serious infraction of the rules of an institution or facility of the Department;

      (c) Has not performed the duties assigned to him in a faithful and orderly manner;

      (d) Has been convicted of a sexual offense;

      (e) Has committed an act of serious violence during the previous year; or

      (f) Has attempted to escape or has escaped from an institution of the Department.

      2.  The Director shall, by regulation, establish procedures for classifying and selecting qualified prisoners.

      Sec. 14.  The amendatory provisions of this act apply to offenses committed before October 1, 2005, for the purpose of determining whether a person is subject to the provisions of subsection 2 of NRS 484.3792, as amended by this act, or subsection 1 of section 9 of this act.

________

 

CHAPTER 194, AB 395

Assembly Bill No. 395–Assemblywoman Giunchigliani

 

CHAPTER 194

 

AN ACT relating to education; prohibiting the use or attempted use of a false or misleading degree or honorary degree granted by a private entity or public postsecondary educational institution and the use or attempted use of a degree or honorary degree granted by such an entity or institution in a false or misleading manner; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 31, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 394 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  It is unlawful for a person knowingly to use or attempt to use:

 


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ê2005 Statutes of Nevada, Page 618 (Chapter 194, AB 395)ê

 

      (a) A false or misleading degree or honorary degree conferred by a private entity, regardless of whether that entity is located in this State and regardless of whether that entity is authorized to operate in this State; or

      (b) A degree or honorary degree conferred by a private entity in a false or misleading manner, regardless of whether that entity is located in this State and regardless of whether that entity is authorized to operate in this State,

Ê in connection with admission to any institution of higher education or in connection with any business, employment, occupation, profession, trade or public office.

      2.  Unless a greater penalty is provided by specific statute, a person who violates the provisions of this section is guilty of a misdemeanor and shall be punished by a fine of not more than $5,000 or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.

      3.  In addition to any criminal penalty imposed pursuant to subsection 2, a person who violates the provisions of this section is subject to a civil penalty in an amount not to exceed $5,000 for each violation. The Attorney General or any district attorney of this State may recover the penalty in a civil action brought in the name of the State of Nevada in any court of competent jurisdiction.

      4.  For the purposes of this section, a degree or honorary degree is false or misleading or is used in a false or misleading manner if it:

      (a) States or suggests that the person named in the degree or honorary degree has completed the requirements of an academic or professional program of study in a particular field of endeavor beyond the secondary school level and the person has not, in fact, completed the requirements of the program of study;

      (b) Is offered as his own by a person other than the person who completed the requirements of the program of study; or

      (c) Is awarded, bestowed, conferred, given, granted, conveyed or sold:

             (1) Based upon more than 10 percent of the recipient’s documented life experience and not based upon actual completion of academic work;

             (2) By a person or entity located in this State in violation of this chapter, as determined by the Commission; or

             (3) By a person or entity located outside this State which would be a violation of this chapter if the person or entity were located in this State, as determined by the Commission.

      5.  As used in this section:

      (a) “Degree” has the meaning ascribed to it in NRS 394.620.

      (b) “Honorary degree” has the meaning ascribed to it in NRS 394.620.

      Sec. 2.  NRS 394.125 is hereby amended to read as follows:

      394.125  It is the policy of this State to encourage and enable its [citizens] residents to receive an education commensurate with their respective talents and desires. The Legislature recognizes that privately owned institutions offering elementary, secondary and postsecondary education and vocational and professional instruction perform a necessary service to the [citizens] residents of this State. It is the purpose of this chapter to provide for the protection, education and welfare of the [citizens] residents of the State of Nevada, its educational, vocational and professional institutions, and its students, by:

 


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ê2005 Statutes of Nevada, Page 619 (Chapter 194, AB 395)ê

 

      1.  Establishing minimum standards concerning quality of education, ethical and business practices, health and safety, and fiscal responsibility, to protect against substandard, transient, unethical, deceptive or fraudulent institutions and practices;

      2.  Prohibiting the granting of false or misleading educational credentials;

      3.  Prohibiting the use or attempted use of false or misleading degrees and honorary degrees and the use or attempted use of degrees and honorary degrees in a false or misleading manner;

      4.  Regulating the use of academic terminology in naming or otherwise designating educational institutions;

      [4.] 5.  Prohibiting misleading literature, advertising, solicitation or representation by educational institutions or their agents;

      [5.] 6.  Providing for the preservation of essential academic records; and

      [6.] 7.  Providing certain rights and remedies to the consuming public and the Commission and the Board necessary to effectuate the purposes of this chapter.

      Sec. 3.  Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  It is unlawful for a person knowingly to use or attempt to use:

      (a) A false or misleading degree or honorary degree conferred by the System or another public postsecondary educational institution, regardless of whether that institution is located in this State and regardless of whether that institution is authorized to operate in this State; or

      (b) A degree or honorary degree conferred by the System or another public postsecondary educational institution in a false or misleading manner, regardless of whether that institution is located in this State and regardless of whether that institution is authorized to operate in this State,

Ê in connection with admission to any institution of higher education or in connection with any business, employment, occupation, profession, trade or public office.

      2.  Unless a greater penalty is provided by specific statute, a person who violates the provisions of this section is guilty of a misdemeanor and shall be punished by a fine of not more than $5,000 or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.

      3.  In addition to any criminal penalty imposed pursuant to subsection 2, a person who violates the provisions of this section is subject to a civil penalty in an amount not to exceed $5,000 for each violation. The Attorney General or any district attorney of this State may recover the penalty in a civil action brought in the name of the State of Nevada in any court of competent jurisdiction.

      4.  For the purposes of this section, a degree or honorary degree is false or misleading or is used in a false or misleading manner if it:

      (a) States or suggests that the person named in the degree or honorary degree has completed the requirements of an academic or professional program of study in a particular field of endeavor beyond the secondary school level and the person has not, in fact, completed the requirements of the program of study;

      (b) Is offered as his own by a person other than the person who completed the requirements of the program of study; or

 


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ê2005 Statutes of Nevada, Page 620 (Chapter 194, AB 395)ê

 

      (c) Is awarded, bestowed, conferred, given, granted, conveyed or sold:

             (1) Based upon more than 10 percent of the recipient’s documented life experience and not based upon actual completion of academic work; or

             (2) In violation of this chapter.

      5.  As used in this section:

      (a) “Degree” has the meaning ascribed to it in NRS 394.620.

      (b) “Honorary degree” has the meaning ascribed to it in NRS 394.620.

      Sec. 4.  NRS 205.420 is hereby amended to read as follows:

      205.420  Every person who [shall conduct] conducts any business or [perform] performs any act under color of, or [file] files for record with any public officer, any false or fraudulent permit, license [, diploma] or writing, or any permit, license [, diploma] or writing not lawfully belonging to such person, or who [shall obtain] obtains any permit, license [, diploma] or writing by color or aid of any false representation, pretense, personation, token or writing [, shall be] is guilty of a gross misdemeanor.

      Sec. 5.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 195, AB 259

Assembly Bill No. 259–Assemblymen Conklin, Anderson, Horne, Gerhardt and Denis

 

CHAPTER 195

 

AN ACT relating to peace officers; making various changes concerning administrative files of peace officers; providing that evidence obtained in violation of certain provisions may not be used in an administrative proceeding or civil action against a peace officer; providing that the home address and photograph of a peace officer are confidential; revising various provisions relating to an interrogation or a hearing concerning a peace officer; and providing other matters properly relating thereto.

 

[Approved: May 31, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 289 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  1.  An investigation of a peace officer may be conducted in response to a complaint or allegation that the peace officer has engaged in activities which could result in punitive action.

      2.  After the conclusion of the investigation:

      (a) If the investigation causes a law enforcement agency to impose punitive action against the peace officer who was the subject of the investigation and the peace officer has received notice of the imposition of the punitive action, the peace officer or a representative authorized by the peace officer may, except as otherwise prohibited by federal or state law, review any administrative or investigative file maintained by the law enforcement agency relating to the investigation, including any recordings, notes, transcripts of interviews and documents.

 


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ê2005 Statutes of Nevada, Page 621 (Chapter 195, AB 259)ê

 

      (b) If, pursuant to a policy of a law enforcement agency or a labor agreement, the record of the investigation or the imposition of punitive action is subject to being removed from any administrative file relating to the peace officer maintained by the law enforcement agency, the law enforcement agency shall not, except as otherwise required by federal or state law, keep or make a record of the investigation or the imposition of punitive action after the record is required to be removed from the administrative file.

      Sec. 3.  If an arbitrator or court determines that evidence was obtained during an investigation of a peace officer concerning conduct that could result in punitive action in a manner which violates any provision of this section, NRS 289.010 to 289.120, inclusive, and section 2 of this act, and that such evidence may be prejudicial to the peace officer, such evidence is inadmissible and the arbitrator or court shall exclude such evidence during any administrative proceeding commenced or civil action filed against the peace officer.

      Sec. 4.  1.  Except as otherwise provided in subsection 2, the home address and any photograph of a peace officer in the possession of a law enforcement agency are not public information and are confidential.

      2.  The home address and photograph of a peace officer may be released:

      (a) If the peace officer authorizes the release; or

      (b) If the peace officer has been arrested.

      Sec. 5.  NRS 289.010 is hereby amended to read as follows:

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

      1.  “Administrative file” means any file of a peace officer containing information, comments or documents about the peace officer. The term does not include any file relating to an investigation conducted pursuant to section 2 of this act or a criminal investigation of a peace officer.

      2.  “Choke hold” means the holding of a person’s neck in a manner specifically intended to restrict the flow of oxygen or blood to the person’s lungs or brain. The term includes the arm-bar restraint, carotid restraint and lateral vascular neck restraint.

      [2.] 3.  “Peace officer” means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.

      [3.] 4.  “Punitive action” means any action which may lead to dismissal, demotion, suspension, reduction in salary, written reprimand or transfer of a peace officer for purposes of punishment.

      Sec. 6.  NRS 289.040 is hereby amended to read as follows:

      289.040  1.  [No] Except as otherwise provided in subsection 3, a law enforcement agency [may] shall not place any unfavorable comment or document in [the] any administrative file of a peace officer maintained by the law enforcement agency unless:

      (a) The peace officer has read and initialed the comment or document; or

      (b) If the peace officer refuses to initial the comment or document, a notation to that effect is noted on or attached to the comment or document.

      2.  If the peace officer submits to the law enforcement agency a written response within 30 days after he is asked to initial the comment or document, his response must be attached to and accompany the comment or document.

      3.  If a peace officer is the subject of an investigation of a complaint or allegation conducted pursuant to section 2 of this act, the law enforcement agency may place into any administrative file relating to the peace officer only:

 


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ê2005 Statutes of Nevada, Page 622 (Chapter 195, AB 259)ê

 

enforcement agency may place into any administrative file relating to the peace officer only:

      (a) A copy of the disposition of the allegation of misconduct if the allegation is sustained; and

      (b) A copy of the notice of or statement of adjudication of any punitive or remedial action taken against the peace officer.

      4.  A peace officer must be given a copy of any comment or document that is placed in [his personnel file.] an administrative file of the peace officer maintained by the law enforcement agency.

      5.  Upon request, a peace officer may review any administrative file of that peace officer maintained by the law enforcement agency that does not relate to a current investigation.

      Sec. 7.  NRS 289.060 is hereby amended to read as follows:

      289.060  1.  [The] Except as otherwise provided in this subsection, a law enforcement agency shall, [within a reasonable time] not later than 48 hours before any interrogation or hearing is held relating to an investigation [of the activities of a peace officer which may result in punitive action,] conducted pursuant to section 2 of this act, provide written notice to the peace officer . [if practical under the circumstances.] A peace officer may waive the notice required pursuant to this section.

      2.  The notice must include:

      (a) A description of the nature of the investigation;

      (b) A summary of alleged misconduct of the peace officer;

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

      (d) The name and rank of the officer in charge of the investigation and the officers who will conduct any interrogation;

      (e) The name of any other person who will be present at any interrogation or hearing; and

      (f) A statement setting forth the provisions of subsection 1 of NRS 289.080.

      3.  The law enforcement agency shall:

      (a) Interrogate the peace officer during his regular working hours, if reasonably practicable, or compensate him for that time based on his regular wages if no charges arise from the interrogation.

      (b) Immediately before the interrogation or hearing begins, inform the officer orally on the record that:

             (1) He is required to provide a statement and answer questions related to his alleged misconduct; and

             (2) If he fails to provide such a statement or to answer any such questions, the agency may charge him with insubordination.

      (c) Limit the scope of the questions during the interrogation or hearing to the alleged misconduct of the peace officer.

      [(c)] (d) Allow the peace officer to explain an answer or refute a negative implication which results from questioning during an interrogation or hearing.

      Sec. 8.  NRS 289.070 is hereby amended to read as follows:

      289.070  1.  [An investigation of a peace officer may be conducted in response to an allegation that the officer has engaged in activities which could result in punitive action. The] During an investigation conducted pursuant to section 2 of this act, the peace officer against whom the allegation is made may, but is not required to, submit to a polygraphic examination concerning such activities.

 


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ê2005 Statutes of Nevada, Page 623 (Chapter 195, AB 259)ê

 

      2.  A person who makes an allegation against [an] a peace officer pursuant to [subsection 1] section 2 of this act may not be required to submit to a polygraphic examination as a condition to the investigation of his allegation, but may request or agree to be given a polygraphic examination. If such a person requests or agrees to be given a polygraphic examination, such an examination must be given.

      3.  If a polygraphic examination is given to [an] a peace officer pursuant to this section, a sound or video recording must be made of the polygraphic examination, the preliminary interview and the postexamination interview. Before the opinion of the polygraphic examiner regarding the peace officer’s veracity may be considered in a disciplinary action, all records, documents and recordings resulting from the polygraphic examination must be made available for review by one or more polygraphic examiners licensed or qualified to be licensed in this State who are acceptable to the law enforcement agency and to the officer. If the opinion of a reviewing polygraphic examiner does not agree with the initial polygraphic examiner’s opinion, the peace officer must be allowed to be reexamined by a polygraphic examiner of his choice who is licensed or qualified to be licensed in this State.

      4.  The opinion of a polygraphic examiner regarding the peace officer’s veracity may not be considered in a disciplinary action unless the polygraphic examination was conducted in a manner which complies with the provisions of chapter 648 of NRS. In any event, the law enforcement agency shall not use a polygraphic examiner’s opinion regarding the veracity of the peace officer as the sole basis for disciplinary action against the peace officer.

      Sec. 9.  NRS 289.080 is hereby amended to read as follows:

      289.080  1.  Except as otherwise provided in subsection [2,] 3, a peace officer may upon request have [a lawyer or other representative] two representatives of his choosing present with the peace officer during any phase of an interrogation or hearing [.

      2.  The] relating to an investigation conducted pursuant to section 2 of this act, including, without limitation, a lawyer, a representative of a labor union or another peace officer.

      2.  A representative of a peace officer must assist the peace officer during the interrogation or hearing. The law enforcement agency conducting the interrogation or hearing shall allow a representative of the peace officer to explain an answer provided by the peace officer or refute a negative implication which results from questioning of the peace officer but may require such explanation to be provided after the agency has concluded its initial questioning of the peace officer.

      3.  A representative must not otherwise be connected to, or the subject of, the same investigation.

      [3.] 4.  Any information that [the] a representative obtains from the peace officer concerning the investigation is confidential and must not be disclosed except upon the:

      (a) Request of the peace officer; or

      (b) Lawful order of a court of competent jurisdiction.

Ê A law enforcement agency shall not take punitive action against [the] a representative for his failure or refusal to disclose such information.

      [4.] 5.  The peace officer , any representative of the peace officer or the law enforcement agency may make a stenographic , digital or magnetic record of the interrogation or hearing.

 


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ê2005 Statutes of Nevada, Page 624 (Chapter 195, AB 259)ê

 

record of the interrogation or hearing. If the agency records the proceedings, the agency shall at the officer’s request and expense provide a copy of the:

      (a) Stenographic transcript of the proceedings; or

      (b) Recording on the digital or magnetic tape.

      6.  After the conclusion of the investigation, the peace officer who was the subject of the investigation or any representative of the peace officer may, if the peace officer appeals a recommendation to impose punitive action, review and copy the entire file concerning the internal investigation, including, without limitation, any recordings, notes, transcripts of interviews and documents contained in the file.

      Sec. 10.  NRS 289.090 is hereby amended to read as follows:

      289.090  The provisions of NRS 289.060, 289.070 and 289.080 and section 2 of this act do not apply to any investigation which concerns alleged criminal activities.

      Sec. 11.  NRS 289.380 is hereby amended to read as follows:

      289.380  1.  Except as otherwise provided in NRS 289.383, the governing body of a city or county may create a review board by ordinance to advise the governing body on issues concerning peace officers, school police officers, constables and deputies of constables within the city or county.

      2.  A review board created pursuant to subsection 1 must consist of:

      (a) In a city whose population is 150,000 or more or a county whose population is 100,000 or more, 25 members; and

      (b) In a city whose population is less than 150,000 or a county whose population is less than 100,000, 12 members.

      3.  Such a review board must be appointed by the governing body from a list of names submitted by interested persons. If an insufficient number of names of interested persons is submitted, the governing body shall appoint the remaining members in the manner it deems appropriate.

      4.  A person appointed to the review board must:

      (a) Be a resident of the city or county for which the review board was created, except no member of the review board may be currently employed as a peace officer, school police officer, constable or deputy of a constable.

      (b) Complete training relating to law enforcement before serving as a member of the review board, including, without limitation, training in the policies and procedures of law enforcement agencies, police of school districts and offices of constables, the provisions of NRS 289.010 to 289.120, inclusive, and sections 2 and 3 of this act and the employment contracts of the peace officers, school police officers, constables or deputies of constables.

      Sec. 12.  NRS 289.383 is hereby amended to read as follows:

      289.383  1.  If a metropolitan police department has been formed pursuant to NRS 280.110, the metropolitan police committee on fiscal affairs may request the participating political subdivisions to create a review board to advise the committee on issues concerning peace officers employed by the metropolitan police department. The participating subdivisions may jointly create such a review board by mutual ordinances.

      2.  A review board created pursuant to subsection 1 must consist of 25 members, appointed from a list of names submitted by interested persons. The members of the metropolitan police committee on fiscal affairs who are representatives of the county shall appoint 13 members of the review board, and the members of the metropolitan police committee on fiscal affairs who are representatives of each participating city within the county shall appoint an equal number of the remaining 12 members.

 


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ê2005 Statutes of Nevada, Page 625 (Chapter 195, AB 259)ê

 

are representatives of each participating city within the county shall appoint an equal number of the remaining 12 members. If an insufficient number of names of interested persons are submitted, the members of the metropolitan police committee on fiscal affairs shall appoint the remaining members in the manner they deem appropriate.

      3.  A person appointed to the review board must:

      (a) Be a resident within the jurisdiction of the participating subdivisions for which the review board was created, except no member of the review board may be currently employed as a peace officer.

      (b) Complete training relating to law enforcement before serving as a member of the review board, including, without limitation, training in the policies and procedures of law enforcement agencies, the provisions of NRS 289.010 to 289.120, inclusive, and sections 2 and 3 of this act and the employment contracts of the peace officers.

      Sec. 13.  NRS 396.3291 is hereby amended to read as follows:

      396.3291  1.  The Board of Regents may create on each campus of the System a campus review board to advise the president or other chief administrative officer of the campus and, upon request, the Board of Regents on issues concerning allegations made against peace officers of the Police Department for the System involving misconduct while serving on the campus.

      2.  A campus review board created pursuant to subsection 1 must consist of not less than 15 members.

      3.  A campus review board must be appointed by the Board of Regents from a list of names submitted by interested persons within the System and in the general public. If an insufficient number of names of persons interested in serving on a campus review board are submitted, the Board of Regents shall appoint the remaining members in the manner it deems appropriate.

      4.  A person appointed to a campus review board:

      (a) Must be a resident of this State;

      (b) Must not be employed as a peace officer;

      (c) Must complete training relating to law enforcement before serving as a member of the campus review board, including, without limitation, training in the policies and procedures of the Police Department for the System, the provisions of chapter 284 of NRS, the regulations adopted pursuant thereto and NRS 289.010 to 289.120, inclusive, and sections 2 and 3 of this act and the terms and conditions of employment of the peace officers of the System; and

      (d) Shall serve without salary, but may receive from the System such per diem allowances and travel expenses as are authorized by the Board of Regents.

________

 

 


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ê2005 Statutes of Nevada, Page 626ê

 

CHAPTER 196, SB 36

Senate Bill No. 36–Committee on Human Resources and Education

 

CHAPTER 196

 

AN ACT relating to persons with disabilities; prohibiting certain acts concerning service animals and service animals in training; revising provisions concerning persons accompanied by service animals or service animals in training; providing civil liability and the payment of restitution for certain violations; revising provisions concerning rental of certain dwellings by persons with a service animal; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 31, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 426 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  It is unlawful for a person to fraudulently misrepresent an animal as a service animal or service animal in training.

      2.  A person convicted of fraudulently misrepresenting an animal as a service animal or service animal in training is guilty of a misdemeanor and shall be punished by a fine of not more than $500.

      Sec. 2.  NRS 426.510 is hereby amended to read as follows:

      426.510  1.  Except as otherwise provided in subsections 2, 3 and 4, a person shall not:

      (a) Use a service animal ; [or a blaze orange leash;] or

      (b) Carry or use on any street or highway or in any other public place a cane or walking stick which is white or metallic in color, or white tipped with red.

      2.  A blind person may use a [guide dog or other] service animal [, a blaze orange leash] and a cane or walking stick which is white or metallic in color, or white tipped with red.

      3.  A deaf person may use a [hearing dog or other] service animal . [and a blaze orange leash.]

      4.  A person with a physical disability may use a [helping dog or other] service animal . [and a blaze orange leash.]

      5.  Any pedestrian who approaches or encounters a blind person using a [guide dog or other] service animal or carrying a cane or walking stick, white or metallic in color, or white tipped with red, shall immediately come to a full stop and take such precautions before proceeding as may be necessary to avoid accident or injury to the blind person.

      6.  Any person other than a blind person who:

      (a) Uses a [guide dog or other] service animal or carries a cane or walking stick such as is described in this section, contrary to the provisions of this section;

      (b) Fails to heed the approach of a person using a [guide dog or other] service animal or carrying such a cane as is described by this section;

 


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ê2005 Statutes of Nevada, Page 627 (Chapter 196, SB 36)ê

 

      (c) Fails to come to a stop upon approaching or coming in contact with a person so using a [guide dog or other] service animal or so carrying such a cane or walking stick; or

      (d) Fails to take precaution against accident or injury to such a person after coming to a stop [,] as provided for in this section,

Ê is guilty of a misdemeanor.

      7.  [Any person other than a blind person, deaf person or person with a physical disability who uses a blaze orange leash is guilty of a misdemeanor.

      8.]  This section does not apply to any person who is instructing a blind person, deaf person or person with a physical disability or training a service animal.

      Sec. 3.  NRS 426.515 is hereby amended to read as follows:

      426.515  The failure of a:

      1.  Blind person to carry a white or metallic colored cane or to use a [guide dog or other] service animal ; [or a blaze orange leash;]

      2.  Deaf person to use a [hearing dog or other] service animal ; [or a blaze orange leash;] or

      3.  Person with a physical disability to use a [helping dog or other] service animal , [or a blaze orange leash,]

Ê does not constitute contributory negligence per se, but may be admissible as evidence of contributory negligence in a personal injury action by that person against a common carrier or any other means of public conveyance or transportation or a place of public accommodation as defined by NRS 651.050 when the injury arises from the blind person’s, deaf person’s or person with a physical disability’s making use of the facilities or services offered by the carrier or place of public accommodation.

      Sec. 4.  NRS 426.550 is hereby amended to read as follows:

      426.550  1.  The Bureau [shall] must be headed by a Chief who is experienced in work for [the blind. Preference shall] blind persons. Preference must be given to qualified blind persons in filling the position of Chief.

      2.  The Bureau shall:

      (a) Assist blind persons in achieving physical and psychological orientation, inform blind persons of available services, stimulate and assist [the] blind persons in achieving social and economic independence, and do all things which will ameliorate the condition of [the blind.] blind persons.

      (b) Provide intensive programs of case finding, education, training, job findings and placement, physical restoration, and such other services and equipment as may assist in rendering blind persons more self-supporting and socially independent.

      3.  The Bureau may:

      (a) Provide for treatment or operations to prevent blindness or restore vision to applicants for or recipients of services to [the] blind persons who request and make written application for such treatment or operation; and

      (b) Pay for all necessary expenses incurred in connection with the diagnosis and treatment provided under paragraph (a). Necessary expenses [shall] must include the costs of guide service, maintenance while the patient is away from his home, transportation to the eye physician or hospital and return to his home, and the cost of nursing home care when such care is necessary.

 


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ê2005 Statutes of Nevada, Page 628 (Chapter 196, SB 36)ê

 

      Sec. 5.  NRS 426.560 is hereby amended to read as follows:

      426.560  1.  Subject to the approval of the Department, the Division shall direct the Bureau to make administrative regulations to enforce the provisions of this chapter related to services for [the blind,] blind persons, which regulations must not conflict with the provisions of this chapter.

      2.  The regulations must recognize that the needs and problems of blind persons are special to them and may differ materially from the needs and problems of other persons.

      [3.  For the purposes of NRS 426.085 and 426.091, the Division may provide by regulation for the approval of schools for guide dogs and schools for hearing dogs.]

      Sec. 6.  NRS 426.573 is hereby amended to read as follows:

      426.573  Information with respect to any individual applying for or receiving services to [the] blind persons shall not be disclosed by the Bureau or any of its employees to any person, association or body unless such disclosure is related directly to carrying out the provisions of NRS 426.520 to 426.610, inclusive, or upon written permission of the applicant or recipient.

      Sec. 7.  NRS 426.610 is hereby amended to read as follows:

      426.610  1.  An applicant for or recipient of services to [the] blind persons who is aggrieved by an act, determination or omission of the Bureau is entitled, in accordance with regulations, to a fair hearing before a hearing officer.

      2.  A person aggrieved by the decision of a hearing officer is entitled to judicial review of the decision in the manner provided by chapter 233B of NRS.

      Sec. 8.  NRS 426.695 is hereby amended to read as follows:

      426.695  Blind persons who operate a vending stand pursuant to the provisions of NRS 426.630 to 426.720, inclusive, may keep a [guide dog or other] service animal with them at all times on the premises where that vending stand is located.

      Sec. 9.  NRS 426.790 is hereby amended to read as follows:

      426.790  1.  A person shall not:

      (a) Without legal justification, interfere with, or allow a dog or other animal he owns, harbors or controls to interfere with [,] the use of a service animal or service animal in training by obstructing, intimidating or otherwise jeopardizing the safety of the service animal or service animal in training or the person using the service animal [.] or service animal in training.

      (b) Willfully and maliciously beat a service animal [.] or service animal in training.

      (c) Willfully and maliciously kill a service animal [.

      2.  A] or service animal in training.

      2.  Unless a greater penalty is provided in NRS 206.150, a person who violates:

      (a) Paragraph (a) of subsection 1 is guilty of a gross misdemeanor.

      (b) Paragraph (b) of subsection 1 is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      (c) Paragraph (c) of subsection 1 is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      3.  A person who violates paragraph (a), (b) or (c) of subsection 1 is, in addition to any criminal penalty that may be imposed, civilly liable to the person against whom the violation was committed as provided in NRS 426.820.

 


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person against whom the violation was committed as provided in NRS 426.820.

      4.  In addition to any other penalty, the court shall order a person convicted of a violation of paragraph (a), (b) or (c) of subsection 1 to pay restitution to the person who has the disability or the person who has custody or ownership of the service animal or service animal in training for any veterinary bills, and for the replacement cost of the service animal or service animal in training if it was killed or disabled or has become mentally or physically unable to perform its duties. The restitution must cover all costs for aides, assistance, transportation and other hardships incurred during the absence, and until the replacement, of the service animal or service animal in training.

      Sec. 10.  NRS 426.810 is hereby amended to read as follows:

      426.810  1.  It is unlawful for a person to allow [any] a dog or other animal that he owns, harbors or controls to cause injury to or the death of any service animal or service animal in training, or to endanger or cause injury to a person who has a disability and is accompanied by a service animal or a person who trains service animals and is accompanied by a service animal in training.

      2.  Any person, including, without limitation, any firm, association or corporation, who violates the provisions of subsection 1:

      (a) Is guilty of a misdemeanor and shall be punished by a fine of not more than $500; and

      (b) In addition to any criminal penalty that may be imposed, is civilly liable to the person against whom the violation was committed as provided in NRS 426.820.

      3.  In addition to any other penalty, the court shall order a person convicted of a violation of subsection 1 to pay restitution to the person who has the disability or the person who has custody or ownership of the service animal or service animal in training for any veterinary bills, and for the replacement cost of the service animal or service animal in training if it was killed or disabled or has become mentally or physically unable to perform its duties. The restitution must cover all costs for aides, assistance, transportation and other hardships incurred during the absence, and until the replacement, of the service animal or service animal in training.

      Sec. 11.  NRS 426.820 is hereby amended to read as follows:

      426.820  1.  In addition to any criminal penalty that may be imposed, any person, including, without limitation, any firm, association or corporation, who violates the provisions of paragraph (a), (b), or (c) of subsection 1 of NRS 426.790 or subsection 1 of NRS 426.810 is civilly liable to the person against whom the violation was committed for:

      (a) Actual damages;

      (b) Such punitive damages as may be determined by a jury, or by a court sitting without a jury, which must not be more than three times the amount of actual damages, except that in no case may the punitive damages be less than $750; and

      (c) Reasonable attorney’s fees as determined by the court.

      2.  The remedies provided in this section are nonexclusive and are in addition to any other remedy provided by law, including, without limitation, any action for injunctive or other equitable relief available to the aggrieved person or brought in the name of the people of this State or the United States.

 


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      Sec. 12.  NRS 118.105 is hereby amended to read as follows:

      118.105  1.  [A] Except as otherwise provided in subsection 2, a landlord may not refuse to rent a dwelling subject to the provisions of chapter 118A of NRS to a person with a disability solely because [a service] an animal will be residing with the prospective tenant in the dwelling [.] if the animal assists, supports or provides service to the person with a disability.

      2.  A landlord may require proof that an animal [is a service animal.] assists, supports or provides service to the person with a disability. This requirement may be satisfied, without limitation, by [exhibition of the identification card normally presented to a person with a disability upon his graduation from a school for guide dogs, school for hearing dogs, school for helping dogs or school for other service animals.

      3.  As used in this section:

      (a) “School for guide dogs” has the meaning ascribed to it in NRS 426.085.

      (b) “School for hearing dogs” has the meaning ascribed to it in NRS 426.091.

      (c) “School for helping dogs” has the meaning ascribed to it in NRS 426.095.

      (d) “Service animal” has the meaning ascribed to it in NRS 426.097.] a statement from a provider of health care that the animal performs a function that ameliorates the effects of the person’s disability.

      Sec. 13.  NRS 483.800 is hereby amended to read as follows:

      483.800  1.  The following sources shall submit, within 30 days after learning such information, to the Department the name, address, birth date, social security number, visual acuity and any other information which may be required by regulation of the Department, of persons who are blind or night-blind or whose vision is severely impaired and shall designate whether the person is blind, night-blind or has severely impaired vision:

      (a) Hospitals, medical clinics and similar institutions which treat persons who are blind, night-blind or whose vision is severely impaired; and

      (b) Agencies of the State and political subdivisions which provide special tax consideration for blindness.

      2.  When any source described in subsection 1 learns that vision has been restored to any person whose name appears in the registry established pursuant to subsection 3, the fact of restoration of vision must be reported to the registry within 30 days after learning of that fact.

      3.  The Department may establish a registry for the purposes of this section and adopt regulations governing reports to and operation of the registry.

      4.  The Department shall maintain a file of the names, addresses, birth dates and social security numbers of persons who are blind or night-blind or whose vision is severely impaired.

      5.  All information learned by the Department pursuant to this section is confidential and any person who, without the consent of the person concerned, reveals that information for purposes other than those specified in this section, or other than for administration of the Program for Supplemental Security Income, including State Supplementary Assistance pursuant to chapter 422 of NRS, or services to [the] blind persons pursuant to NRS 426.520 to 426.610, inclusive, is guilty of a misdemeanor.

 


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      Sec. 14.  NRS 484.328 is hereby amended to read as follows:

      484.328  1.  A blind person who is on foot and using a [guide dog or other] service animal or carrying a cane or walking stick white in color, or white tipped with red, has the right-of-way when entering or when on a highway, street or road of this State. Any driver of a vehicle who approaches or encounters such a blind person shall yield the right-of-way, come to a full stop, if necessary, and take precautions before proceeding to avoid accident or injury to the blind person.

      2.  Any person who violates subsection 1 shall be punished by imprisonment in the county jail for not more than 6 months or by a fine of not less than $100 nor more than $500, or by both fine and imprisonment.

      Sec. 15.  NRS 574.280 is hereby amended to read as follows:

      574.280  “Kennel” means a place where at least 10 dogs of not less than 6 months of age are kept, harbored or maintained for:

      1.  Boarding;

      2.  Training; or

      3.  Breeding for sale to a retailer or dealer.

Ê For the purposes of this section, spayed or neutered dogs, dogs used by or being trained for use by the Armed Forces, police officers, search and rescue teams or other similar organizations, dogs used in farming or ranching, and dogs used by or being trained for use by handicapped persons, including, but not limited to, [guide dogs for blind persons and] dogs used to assist persons in wheelchairs, must not be counted when determining the number of dogs that are being kept, harbored or maintained.

      Sec. 16.  NRS 613.330 is hereby amended to read as follows:

      613.330  1.  Except as otherwise provided in NRS 613.350, it is an unlawful employment practice for an employer:

      (a) To fail or refuse to hire or to discharge any person, or otherwise to discriminate against any person with respect to his compensation, terms, conditions or privileges of employment, because of his race, color, religion, sex, sexual orientation, age, disability or national origin; or

      (b) To limit, segregate or classify an employee in a way which would deprive or tend to deprive him of employment opportunities or otherwise adversely affect his status as an employee, because of his race, color, religion, sex, sexual orientation, age, disability or national origin.

      2.  It is an unlawful employment practice for an employment agency to:

      (a) Fail or refuse to refer for employment, or otherwise to discriminate against, any person because of the race, color, religion, sex, sexual orientation, age, disability or national origin of that person; or

      (b) Classify or refer for employment any person on the basis of the race, color, religion, sex, sexual orientation, age, disability or national origin of that person.

      3.  It is an unlawful employment practice for a labor organization:

      (a) To exclude or to expel from its membership, or otherwise to discriminate against, any person because of his race, color, religion, sex, sexual orientation, age, disability or national origin;

      (b) To limit, segregate or classify its membership, or to classify or fail or refuse to refer for employment any person, in any way which would deprive or tend to deprive him of employment opportunities, or would limit his employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of his race, color, religion, sex, sexual orientation, age, disability or national origin; or

 


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      (c) To cause or attempt to cause an employer to discriminate against any person in violation of this section.

      4.  It is an unlawful employment practice for any employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining, including, without limitation, on-the-job training programs, to discriminate against any person because of his race, color, religion, sex, sexual orientation, age, disability or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.

      5.  It is an unlawful employment practice for any employer, employment agency, labor organization or joint labor-management committee to discriminate against a person with [physical, aural or visual disabilities] a disability by interfering, directly or indirectly, with the use of an aid or appliance, including, without limitation, a service animal, by such a person.

      6.  It is an unlawful employment practice for an employer, directly or indirectly, to refuse to permit an employee with a [visual or aural] disability to keep his service animal with him at all times in his place of employment.

      7.  As used in this section, “service animal” has the meaning ascribed to it in NRS 426.097.

      Sec. 17.  NRS 637B.080 is hereby amended to read as follows:

      637B.080  The provisions of this chapter do not apply to:

      1.  Any physician or any person who is working with patients or clients under the direct, immediate supervision of a physician and for whom the physician is directly responsible.

      2.  Any hearing aid specialist who is licensed pursuant to chapter 637A of NRS and who is acting within the scope of his license.

      3.  Any person who:

      (a) Holds a current credential as an audiologist or a speech pathologist issued by the Department of Education;

      (b) Is employed as an audiologist or a speech pathologist by a federal agency or the Department of Human Resources;

      (c) Is a graduate student intern enrolled in a program or school approved by the Board and is pursuing a graduate degree in audiology or speech pathology;

      (d) Is a registered nurse employed as a school nurse; or

      (e) Holds a current certificate from the Council on the Education of the Deaf as a teacher , [of the deaf,]

Ê and who does not engage in the private practice of audiology or of speech pathology in this State.

      Sec. 18.  NRS 651.075 is hereby amended to read as follows:

      651.075  1.  It is unlawful for a place of public accommodation to:

      (a) Refuse admittance or service to a person with a [visual, aural or physical] disability because he is accompanied by a service animal.

      (b) Refuse admittance or service to a person training a service animal.

      (c) Refuse to permit an employee of the place of public accommodation who is training a service animal to bring the service animal into:

             (1) The place of public accommodation; or

             (2) Any area within the place of public accommodation to which employees of the place of public accommodation have access, regardless of whether the area is open to the public.

      (d) Refuse admittance or service to a person because he is accompanied by a police dog.

 


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      (e) Charge an additional fee or deposit for a service animal , service animal in training or a police dog [.] as a condition of access to the place of public accommodation.

      (f) Require proof that an animal is a service animal or service animal in training.

      2.  A place of public accommodation may [require proof that an] :

      (a) Ask a person accompanied by an animal:

             (1) If the animal is a service animal or [that a person is training a service animal. This requirement may be satisfied, without limitation, by exhibition of the identification card normally presented to a trainer of a service animal or to a person with a visual, aural or physical disability upon his graduation from a school for guide dogs, school for hearing dogs, school for helping dogs or other school that is approved by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation to train a service animal to provide a specialized service to a person with a disability.] service animal in training; and

             (2) What tasks the animal is trained to perform or is being trained to perform.

      (b) Ask a person to remove a service animal or service animal in training if the animal:

             (1) Is out of control and the person accompanying the animal fails to take effective action to control it; or

             (2) Poses a direct threat to the health or safety of others.

      3.  A service animal may not be presumed dangerous by reason of the fact it is not muzzled.

      4.  This section does not relieve:

      (a) A person with a disability who is accompanied by a service animal or a person who trains a service animal from liability for damage caused by the service animal.

      (b) A person who is accompanied by a police dog from liability for damage caused by the police dog.

      5.  Persons with disabilities who are accompanied by service animals are subject to the same conditions and limitations that apply to persons who are not so disabled and accompanied.

      6.  Persons who are accompanied by police dogs are subject to the same conditions and limitations that apply to persons who are not so accompanied.

      7.  A person who violates paragraph (e) of subsection 1 is civilly liable to the person against whom the violation was committed for:

      (a) Actual damages;

      (b) Such punitive damages as may be determined by a jury, or by a court sitting without a jury, which must not be more than three times the amount of actual damages, except that in no case may the punitive damages be less than $750; and

      (c) Reasonable attorney’s fees as determined by the court.

      8.  The remedies provided in this section are nonexclusive and are in addition to any other remedy provided by law, including, without limitation, any action for injunctive or other equitable relief available to the aggrieved person or brought in the name of the people of this State or the United States.

      9.  As used in this section:

 


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ê2005 Statutes of Nevada, Page 634 (Chapter 196, SB 36)ê

 

      (a) “Police dog” means a dog which is owned by a state or local governmental agency and which is used by a peace officer in performing his duties as a peace officer.

      (b) “Service animal” has the meaning ascribed to it in NRS 426.097.

      (c) “Service animal in training” has the meaning ascribed to it in NRS 426.099.

      Sec. 19.  NRS 704.145 is hereby amended to read as follows:

      704.145  1.  It is unlawful for a common carrier or other means of public conveyance or transportation operating in this State to:

      (a) Refuse service to a person with a [visual, aural or physical] disability because he is accompanied by a service animal;

      (b) Refuse service to a person who is training a service animal because he is accompanied by the service animal [;] in training; or

      (c) Charge an additional fee or a deposit for a service animal [.] or service animal in training.

      2.  This section does not relieve a person with a [visual, aural or physical] disability who is accompanied by a service animal or a person who trains a service animal from liability for damage which may be caused by the service animal [.] or service animal in training.

      3.  Persons with [visual, aural or physical] disabilities accompanied by service animals on common carriers or other means of public conveyance or transportation operating in this State are subject to the same conditions and limitations that apply to persons without disabilities who are not so accompanied.

      4.  A common carrier or other means of public conveyance or transportation operating in this State that violates any of the provisions of subsection 1 is civilly liable to the person against whom the violation was committed for:

      (a) Actual damages;

      (b) Such punitive damages as may be determined by a jury, or by a court sitting without a jury, which must not be more than three times the amount of actual damages, except that in no case may the punitive damages be less than $750; and

      (c) Reasonable attorney’s fees as determined by the court.

      5.  The remedies provided in this section are nonexclusive and are in addition to any other remedy provided by law, including, without limitation, any action for injunctive or other equitable relief available to the aggrieved person or brought in the name of the people of this State or the United States.

      6.  As used in this section [, “service] :

      (a) “Service animal” has the meaning ascribed to it in NRS 426.097.

      (b) “Service animal in training” has the meaning ascribed to it in NRS 426.099.

      Sec. 20.  NRS 706.366 is hereby amended to read as follows:

      706.366  1.  It is unlawful for a common motor carrier of passengers or other means of public conveyance or transportation operating in this State to:

      (a) Refuse service to a person with a [visual, aural or physical] disability because he is accompanied by a service animal;

      (b) Refuse service to a person who is training a service animal because he is accompanied by the service animal [;] in training; or

      (c) Charge an additional fee or a deposit for a service animal [.] or service animal in training.

 


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ê2005 Statutes of Nevada, Page 635 (Chapter 196, SB 36)ê

 

      2.  This section does not relieve a person with a [visual, aural or physical] disability who is accompanied by a service animal or a person who trains a service animal from liability for damage which may be caused by the service animal [.] or service animal in training.

      3.  Persons with [visual, aural or physical] disabilities accompanied by service animals on common motor carriers of passengers or other means of public conveyance or transportation operating in this State are subject to the same conditions and limitations that apply to persons without disabilities who are not so accompanied.

      4.  A common motor carrier of passengers or other means of public conveyance or transportation operating in this State that violates any of the provisions of subsection 1 is civilly liable to the person against whom the violation was committed for:

      (a) Actual damages;

      (b) Such punitive damages as may be determined by a jury, or by a court sitting without a jury, which must not be more than three times the amount of actual damages, except that in no case may the punitive damages be less than $750; and

      (c) Reasonable attorney’s fees as determined by the court.

      5.  The remedies provided in this section are nonexclusive and are in addition to any other remedy provided by law, including, without limitation, any action for injunctive or other equitable relief available to the aggrieved person or brought in the name of the people of this State or the United States.

      6.  As used in this section [, “service] :

      (a) “Service animal” has the meaning ascribed to it in NRS 426.097.

      (b) “Service animal in training” has the meaning ascribed to it in NRS 426.099.

      Sec. 21.  NRS 426.075, 426.081, 426.083, 426.085, 426.091 and 426.095 are hereby repealed.

________

 

CHAPTER 197, SB 133

Senate Bill No. 133–Committee on Human Resources and Education

 

CHAPTER 197

 

AN ACT relating to educational institutions; requiring each private postsecondary educational institution to use a prescribed formula for refunds of tuition; revising other provisions governing the payment of refunds by institutions; revising provisions regarding the bonding requirements of such institutions; and providing other matters properly relating thereto.

 

[Approved: May 31, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 394.449 is hereby amended to read as follows:

      394.449  1.  [A] Each postsecondary educational institution [that is not accredited] shall have a policy for [cancellations and] refunds which at least provides:

 


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ê2005 Statutes of Nevada, Page 636 (Chapter 197, SB 133)ê

 

      (a) That if the institution has substantially failed to furnish the [instruction or services] training program agreed upon in the enrollment agreement, the institution shall refund to a student all the money he has paid.

      (b) That if a student cancels his enrollment before the start of [instruction,] the training program, the institution [may charge] shall refund to the student [a registration fee of not more than] all the money he has paid, minus 10 percent of the tuition agreed upon in the enrollment agreement or $100, whichever is less.

      (c) That if a student withdraws or is expelled by the institution after the start of [instruction] the training program and before the completion of more than [40] 60 percent of the program, the institution [may charge the student:

             (1) A registration fee of not more than 10 percent of the tuition agreed upon in the enrollment agreement or $100, whichever is less;

             (2) A termination fee of 25 percent of the tuition agreed upon in the enrollment agreement or $100, whichever is less; and

             (3) A] shall refund to the student a pro rata amount of the tuition agreed upon in the enrollment agreement [determined by the percentage of the student’s attendance.] , minus 10 percent of the tuition agreed upon in the enrollment agreement or $100, whichever is less.

      (d) That if a student withdraws or is expelled by the institution after completion of more than [40] 60 percent of the training program, the institution is not required to refund the student any money and may charge the student the entire cost of the tuition agreed upon in the enrollment agreement.

      2.  [Each postsecondary educational institution that is not accredited shall include in its catalog or brochure a description of the institution’s policy for refunds. The description must include at least the following:

      (a) For the purpose of calculating the amount of a refund, the unit of time or other measurement which is used by the institution to determine the percentage of a student’s attendance;

      (b) A statement that the period of a student’s attendance will be measured from the first day of instruction through the student’s last day of actual attendance; and

      (c) An example demonstrating the application of the refund policy.

      3.  If an institution that is not accredited expels a student, the institution shall communicate with the student by certified mail or another equally effective and documented method, and inform him of the expulsion, the reason for it and the effective date of expulsion and retain evidence to that effect in its records.

      4.  An] If a refund is owed pursuant to subsection 1, the institution shall pay the refund [all money collected in excess of the amounts allowed in subsection 1 within 60 working] to the person or entity who paid the tuition within 15 calendar days after the:

      (a) Date of cancellation by a student of his enrollment;

      (b) [First day of class if a student fails to attend the first day and all other classes;] Date of termination by the institution of the enrollment of a student;

      (c) Last day of an authorized leave of absence if a student fails to return after the period of authorized absence; or

      (d) Last day of attendance of a student,

Ê whichever is applicable.

 


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ê2005 Statutes of Nevada, Page 637 (Chapter 197, SB 133)ê

 

      [5.  Specific financial arrangements between the institution and the student about such educational items as the use or purchase of books and]

      3.  Books, educational supplies or equipment for individual use are not included in the policy for refund [.] required by subsection 1, and a separate refund must be paid by the institution to the student if those items were not used by the student. Disputes must be resolved by the Administrator for refunds required by this subsection on a case-by-case basis.

      4.  For the purposes of this section:

      (a) The period of a student’s attendance must be measured from the first day of instruction as set forth in the enrollment agreement through the student’s last day of actual attendance, regardless of absences.

      (b) The period of time for a training program is the period set forth in the enrollment agreement.

      (c) Tuition must be calculated using the tuition and fees set forth in the enrollment agreement and does not include books, educational supplies or equipment that are listed separately from the tuition and fees.

      Sec. 2.  NRS 394.480 is hereby amended to read as follows:

      394.480  1.  Notwithstanding the provisions of NRS 100.065 to the contrary, each:

      (a) Postsecondary educational institution initially licensed on or after July 1, 1995, shall file with the Administrator a surety bond in the amount of $10,000 or in a greater amount determined by the Commission for the period of the initial license to operate, including any provisional period . [, or for a period that the Commission determines is appropriate.]

      (b) Postsecondary educational institution or other entity [not licensed in this State] which is authorized to employ one or more agents in this State shall file with the Administrator a surety bond in the amount of $10,000 or in a greater amount determined by the Commission for the period of the agent’s permit . [or for a period that the Commission determines is appropriate.

      (c) Licensed postsecondary]

      (c) Postsecondary educational institution that poses a financial risk to the students who are enrolled in the institution, as determined by the Commission , [upon application for renewal of a license,] shall file with the Administrator a surety bond in the amount of $10,000 or in a greater amount determined by the Commission for [the period of the renewal or for] a period that the Commission determines is appropriate.

      (d) [Licensed postsecondary] Postsecondary educational institution that files for a change of ownership shall file with the Administrator a surety bond in the amount of $10,000 or in a greater amount determined by the Commission for the period [ending 2 years after the approval of the change of ownership or for a period that the Commission determines is appropriate.

Ê The Commission may at any time require a postsecondary] of the initial license to operate issued to the new owner, including any provisional period.

      (e) Postsecondary educational institution may be required by the Commission to file a new or supplementary bond in an amount and for a period determined appropriate by the Commission if the Commission determines [that the institution poses a financial risk to the students who are enrolled in the institution or] that the current bond filed by the institution is insufficient to cover all claims, accrued or contingent, against the institution.

      2.  [Notwithstanding the provisions of NRS 100.065 to the contrary, a licensed postsecondary educational institution shall file with the Administrator a surety bond in the amount of $100,000 or 25 percent of the annual income of the institution received from tuition as reported in its annual report to the Commission, whichever is greater, if:

 


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ê2005 Statutes of Nevada, Page 638 (Chapter 197, SB 133)ê

 

Administrator a surety bond in the amount of $100,000 or 25 percent of the annual income of the institution received from tuition as reported in its annual report to the Commission, whichever is greater, if:

      (a) The institution participates in a program of student assistance pursuant to the provisions of 20 U.S.C. §§ 1070 et seq.; and

      (b) In any year, the default rate of the institution published by the Secretary of Education pursuant to those provisions exceeds the maximum allowable default rate prescribed by federal law or by the Secretary of Education pursuant to federal law.

Ê Except when a surety is released, the bond must cover a period ending 2 years after the date on which the default rate of the institution is published as exceeding the maximum allowable rate.

      3.]  The bond required of a postsecondary educational institution pursuant to [subsections 1 and 2] subsection 1 must be executed by the entity that owns the institution as principal, by a surety company as surety and by a licensed insurance agent residing in this State. The bond must be payable to the State of Nevada and must be conditioned to provide indemnification to any student, enrollee or his parent or guardian [,] determined by the Commission to have suffered damage as a result of any act by the postsecondary educational institution that is a violation of NRS 394.383 to 394.560, inclusive. The bonding company shall provide indemnification upon receipt of written notice of the determination by the Commission. The bond may be continuous, but regardless of the duration of the bond the aggregate liability of the surety does not exceed the penal sum of the bond.

      [4.] 3.  A surety on any bond filed pursuant to this section may be released after the surety gives 30 days’ written notice to the Administrator, but the release does not discharge or otherwise affect any claim filed by a student, enrollee or his parent or guardian for damage resulting from any act of the postsecondary educational institution or agent alleged to have occurred while the bond was in effect, or for an institution’s ceasing operations during the term for which tuition had been paid while the bond was in force.

      [5.] 4.  A license or an agent’s permit is suspended by operation of law when the institution or agent is no longer covered by a surety bond as required by this section. The Administrator shall give the institution or agent, or both, at least 20 days’ written notice before the release of the surety, to the effect that the license or permit will be suspended by operation of law until another surety bond is filed in the same manner and amount as the bond being terminated.

      [6.] 5.  If any student is entitled to a refund from an institution pursuant to any provision of NRS 394.383 to 394.560, inclusive, the surety shall provide indemnification.

      Sec. 3.  NRS 394.4493 is hereby repealed.

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

________

 

 


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ê2005 Statutes of Nevada, Page 639ê

 

CHAPTER 198, SB 229

Senate Bill No. 229–Senator Horsford

 

Joint Sponsor: Assemblyman Arberry Jr.

 

CHAPTER 198

 

AN ACT relating to economic development; creating tax incentives for expanding or relocating businesses in certain economic development areas; creating tax incentives for businesses who hire certain employees at a certain level of wages; providing a temporary tax incentive for locating or expanding businesses that are or will become grocery stores within the Southern Nevada Enterprise Community; and providing other matters properly relating thereto.

 

[Approved: May 31, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 274 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  1.  A person who intends to locate a business in this State within:

      (a) A historically underutilized business zone, as defined in 15 U.S.C. § 632;

      (b) A redevelopment area created pursuant to NRS 279.382 to 279.685, inclusive;

      (c) An area eligible for a community development block grant pursuant to 24 C.F.R. Part 570; or

      (d) An enterprise community established pursuant to 24 C.F.R. Part 597,

Ê may submit a request to the governing body of the county, city or town in which the business would operate for an endorsement of an application by the person to the Commission on Economic Development for a partial abatement of one or more of the taxes imposed pursuant to chapter 361 or 374 of NRS. The governing body of the county, city or town shall provide notice of the request to the board of trustees of the school district in which the business would operate. The notice must set forth the date, time and location of the hearing at which the governing body will consider whether to endorse the application.

      2.  The governing body of a county, city or town shall develop procedures for:

      (a) Evaluating whether such an abatement would be beneficial for the economic development of the county, city or town.

      (b) Issuing a certificate of endorsement for an application for such an abatement that is found to be beneficial for the economic development of the county, city or town.

      3.  A person whose application has been endorsed by the governing body of the county, city or town, as applicable, pursuant to this section may submit the application to the Commission on Economic Development. The Commission shall approve the application if the Commission makes the following determinations:

 


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ê2005 Statutes of Nevada, Page 640 (Chapter 198, SB 229)ê

 

      (a) The business is consistent with:

             (1) The State Plan for Industrial Development and Diversification that is developed by the Commission pursuant to NRS 231.067; and

             (2) Any guidelines adopted pursuant to the State Plan.

      (b) The applicant has executed an agreement with the Commission which states that the business will, after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 4:

             (1) Commence operation and continue in operation in the historically underutilized business zone, as defined in 15 U.S.C. § 632, redevelopment area created pursuant to NRS 279.382 to 279.685, inclusive, area eligible for a community development block grant pursuant to 24 C.F.R. Part 570 or enterprise community established pursuant to 24 C.F.R. Part 597 for a period specified by the Commission, which must be at least 5 years; and

             (2) Continue to meet the eligibility requirements set forth in this subsection.

Ê The agreement must bind successors in interest of the business for the specified period.

      (c) The business is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business will operate.

      (d) The applicant invested or commits to invest a minimum of $500,000 in capital.

      4.  If the Commission on Economic Development approves an application for a partial abatement, the Commission shall immediately forward a certificate of eligibility for the abatement to:

      (a) The Department of Taxation;

      (b) The Nevada Tax Commission; and

      (c) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer of the county in which the business will be located.

      5.  The Commission on Economic Development may adopt such regulations as the Commission determines to be necessary or advisable to carry out the provisions of this section.

      6.  An applicant for an abatement who is aggrieved by a final decision of the Commission on Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

      Sec. 3.  1.  A person who intends to expand a business in this State within:

      (a) A historically underutilized business zone, as defined in 15 U.S.C. § 632;

      (b) A redevelopment area created pursuant to NRS 279.382 to 279.685, inclusive;

      (c) An area eligible for a community development block grant pursuant to 24 C.F.R. Part 570; or

      (d) An enterprise community established pursuant to 24 C.F.R. Part 597,

Ê may submit a request to the governing body of the county, city or town in which the business operates for an endorsement of an application by the person to the Commission on Economic Development for a partial abatement of the taxes imposed on capital equipment pursuant to chapter 374 of NRS. The governing body of the county, city or town shall provide notice of the request to the board of trustees of the school district in which the business operates.

 


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ê2005 Statutes of Nevada, Page 641 (Chapter 198, SB 229)ê

 

notice of the request to the board of trustees of the school district in which the business operates. The notice must set forth the date, time and location of the hearing at which the governing body will consider whether to endorse the application.

      2.  The governing body of a county, city or town shall develop procedures for:

      (a) Evaluating whether such an abatement would be beneficial for the economic development of the county, city or town.

      (b) Issuing a certificate of endorsement for an application for such an abatement that is found to be beneficial for the economic development of the county, city or town.

      3.  A person whose application has been endorsed by the governing body of the county, city or town, as applicable, pursuant to this section may submit the application to the Commission on Economic Development. The Commission shall approve the application if the Commission makes the following determinations:

      (a) The business is consistent with:

             (1) The State Plan for Industrial Development and Diversification that is developed by the Commission pursuant to NRS 231.067; and

             (2) Any guidelines adopted pursuant to the State Plan.

      (b) The applicant has executed an agreement with the Commission which states that the business will, after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 4:

             (1) Continue in operation in the historically underutilized business zone, as defined in 15 U.S.C. § 632, redevelopment area created pursuant to NRS 279.382 to 279.685, inclusive, area eligible for a community development block grant pursuant to 24 C.F.R. Part 570 or enterprise community established pursuant to 24 C.F.R. Part 597 for a period specified by the Commission, which must be at least 5 years; and

             (2) Continue to meet the eligibility requirements set forth in this subsection.

Ê The agreement must bind successors in interest of the business for the specified period.

      (c) The business is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.

      (d) The applicant invested or commits to invest a minimum of $250,000 in capital equipment.

      4.  If the Commission on Economic Development approves an application for a partial abatement, the Commission shall immediately forward a certificate of eligibility for the abatement to:

      (a) The Department of Taxation; and

      (b) The Nevada Tax Commission.

      5.  The Commission on Economic Development may adopt such regulations as the Commission determines to be necessary or advisable to carry out the provisions of this section.

      6.  An applicant for an abatement who is aggrieved by a final decision of the Commission on Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

      Sec. 4.  1.  A person who owns a business which is located within an enterprise community established pursuant to 24 C.F.R. Part 597 in this State may submit a request to the governing body of the county, city or town in which the business is located for an endorsement of an application by the person to the Commission on Economic Development for a partial abatement of one or more of the taxes imposed pursuant to chapter 361 or 374 of NRS.

 


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ê2005 Statutes of Nevada, Page 642 (Chapter 198, SB 229)ê

 

town in which the business is located for an endorsement of an application by the person to the Commission on Economic Development for a partial abatement of one or more of the taxes imposed pursuant to chapter 361 or 374 of NRS. The governing body of the county, city or town shall provide notice of the request to the board of trustees of the school district in which the business operates. The notice must set forth the date, time and location of the hearing at which the governing body will consider whether to endorse the application.

      2.  The governing body of a county, city or town shall develop procedures for:

      (a) Evaluating whether such an abatement would be beneficial for the economic development of the county, city or town.

      (b) Issuing a certificate of endorsement for an application for such an abatement that is found to be beneficial for the economic development of the county, city or town.

      3.  A person whose application has been endorsed by the governing body of the county, city or town, as applicable, pursuant to this section may submit the application to the Commission on Economic Development. The Commission shall approve the application if the Commission makes the following determinations:

      (a) The business is consistent with:

             (1) The State Plan for Industrial Development and Diversification that is developed by the Commission pursuant to NRS 231.067; and

             (2) Any guidelines adopted pursuant to the State Plan.

      (b) The applicant has executed an agreement with the Commission which states that the business will, after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 4:

             (1) Continue in operation in the enterprise community for a period specified by the Commission, which must be at least 5 years; and

             (2) Continue to meet the eligibility requirements set forth in this subsection.

Ê The agreement must bind successors in interest of the business for the specified period.

      (c) The business is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.

      (d) The business:

             (1) Employs one or more dislocated workers who reside in the enterprise community; and

             (2) Pays such employee or employees a wage of not less than 100 percent of the federally designated level signifying poverty for a family of four persons and provides medical benefits to the employee or employees and his or their dependents.

      4.  If the Commission on Economic Development approves an application for a partial abatement, the Commission shall:

      (a) Determine the percentage of employees of the business which meet the requirements of paragraph (d) of subsection 2 and grant a partial abatement equal to that percentage; and

      (b) Immediately forward a certificate of eligibility for the abatement to:

             (1) The Department of Taxation;

             (2) The Nevada Tax Commission; and

 


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ê2005 Statutes of Nevada, Page 643 (Chapter 198, SB 229)ê

 

             (3) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer of the county in which the business is located.

      5.  The Commission on Economic Development:

      (a) Shall adopt regulations relating to the minimum level of benefits that a business must provide to its employees to qualify for an abatement pursuant to this section.

      (b) May adopt such other regulations as the Commission determines to be necessary or advisable to carry out the provisions of this section.

      6.  An applicant for an abatement who is aggrieved by a final decision of the Commission on Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

      7.  As used in this section, “dislocated worker” means a person who:

      (a) Has been terminated, laid off or received notice of termination or layoff from employment;

      (b) Is eligible for or receiving or has exhausted his entitlement to unemployment compensation;

      (c) Has been dependent on the income of another family member but is no longer supported by that income;

      (d) Has been self-employed but is no longer receiving an income from self-employment because of general economic conditions in the community or natural disaster; or

      (e) Is currently unemployed and unable to return to a previous industry or occupation.

      Sec. 5.  NRS 231.0685 is hereby amended to read as follows:

      231.0685  The Commission on Economic Development shall, on or before January 15 of each odd-numbered year, prepare and submit to the Director of the Legislative Counsel Bureau for transmission to the Legislature a report concerning the abatements from taxation that the Commission approved pursuant to NRS 360.750 [.] or section 2, 3 or 4 of this act. The report must set forth, for each abatement from taxation that the Commission approved in the 2-year period immediately preceding the submission of the report:

      1.  The dollar amount of the abatement;

      2.  The location of the business for which the abatement was approved;

      3.  [The] If applicable, the number of employees that the business for which the abatement was approved employs or will employ;

      4.  Whether the business for which the abatement was approved is a new business or an existing business; and

      5.  Any other information that the Commission determines to be useful.

      Sec. 6.  1.  A person who intends to locate a grocery store within the Southern Nevada Enterprise Community established pursuant to 24 C.F.R. Part 597 during Fiscal Year 2004-2005 or 2005-2006 may submit a request to the governing body of the county, city or town in which the grocery store would operate for endorsement of an application by the person to the Commission on Economic Development for a partial abatement of one or more of the taxes imposed pursuant to chapter 361 or 374 of NRS. The governing body of the county, city or town shall provide notice of the request to the board of trustees of the school district in which the business would operate. The notice must set forth the date, time and location of the hearing at which the governing body will consider whether to endorse the application.

 


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ê2005 Statutes of Nevada, Page 644 (Chapter 198, SB 229)ê

 

      2.  The governing body of a county, city or town shall develop procedures for:

      (a) Evaluating whether such an abatement would be beneficial for the economic development of the county, city or town.

      (b) Issuing a certificate of endorsement for an application for such an abatement that is found to be beneficial for the economic development of the county, city or town.

      3.  A person whose application has been endorsed by the governing body of the county, city or town, as applicable, pursuant to this section may submit the application to the Commission. The Commission shall approve the application if the Commission makes the following determinations:

      (a) The applicant has executed an agreement with the Commission which states that the grocery store will, after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 4:

             (1) Commence operation and continue in operation in the Southern Nevada Enterprise Community established pursuant to 24 C.F.R. Part 597 for a period specified by the Commission, which must be at least 5 years; and

             (2) Continue to meet the eligibility requirements set forth in this subsection.

Ê The agreement must bind successors in interest of the grocery store for the specified period.

      (b) The grocery store is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the grocery store will operate.

      (c) The applicant invested or commits to invest a minimum of $500,000 in capital.

      4.  If the Commission on Economic Development approves an application for a partial abatement, the Commission shall immediately forward a certificate of eligibility for the abatement to:

      (a) The Department of Taxation;

      (b) The Nevada Tax Commission; and

      (c) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer of the county in which the grocery store will be located.

      5.  The Commission on Economic Development may adopt such regulations as the Commission determines to be necessary or advisable to carry out the provisions of this section.

      6.  An applicant for an abatement who is aggrieved by a final decision of the Commission on Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

      7.  As used in this section:

      (a) “Grocery store” means a business selling at retail groceries, including, without limitation, food for human consumption, articles used in the preparation of food, household supplies, dairy products, meat and produce, and having more than 10,000 square feet of floor space available to the public.

      (b) “Selling at retail” has the meaning ascribed to it in NRS 372.050.

      Sec. 7.  1.  A person who intends to expand a grocery store or expand a business to become a grocery store within the Southern Nevada Enterprise Community established pursuant to 24 C.F.R. Part 597 during Fiscal Year 2004-2005 or 2005-2006 may submit a request to the governing body of the county, city or town in which the business operates for endorsement of an application by the person to the Commission on Economic Development for a partial abatement of the taxes imposed on capital equipment pursuant to chapter 374 of NRS.

 


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ê2005 Statutes of Nevada, Page 645 (Chapter 198, SB 229)ê

 

application by the person to the Commission on Economic Development for a partial abatement of the taxes imposed on capital equipment pursuant to chapter 374 of NRS. The governing body of the county, city or town shall provide notice of the request to the board of trustees of the school district in which the business operates. The notice must set forth the date, time and location of the hearing at which the governing body will consider whether to endorse the application.

      2.  The governing body of a county, city or town shall develop procedures for:

      (a) Evaluating whether such an abatement would be beneficial for the economic development of the county, city or town.

      (b) Issuing a certificate of endorsement for an application for such an abatement that is found to be beneficial for the economic development of the county, city or town.

      3.  A person whose application has been endorsed by the governing body of the county, city or town, as applicable, pursuant to this section may submit the application to the Commission. The Commission shall approve the application if the Commission makes the following determinations:

      (a) The applicant has executed an agreement with the Commission which states that the grocery store will, after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 4:

             (1) Continue in operation in the Southern Nevada Enterprise Community established pursuant to 24 C.F.R. Part 597 for a period specified by the Commission, which must be at least 5 years; and

             (2) Continue to meet the eligibility requirements set forth in this subsection.

Ê The agreement must bind successors in interest of the grocery store for the specified period.

      (b) The grocery store is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the grocery store operates.

      (c) The applicant invested or commits to invest a minimum of $250,000 in capital equipment.

      4.  If the Commission on Economic Development approves an application for a partial abatement, the Commission shall immediately forward a certificate of eligibility for the abatement to:

      (a) The Department of Taxation; and

      (b) The Nevada Tax Commission.

      5.  The Commission on Economic Development may adopt such regulations as the Commission determines to be necessary or advisable to carry out the provisions of this section.

      6.  An applicant for an abatement who is aggrieved by a final decision of the Commission on Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

      7.  As used in this section:

      (a) “Grocery store” means a business selling at retail groceries, including, without limitation, food for human consumption, articles used in the preparation of food, household supplies, dairy products, meat and produce, and having more than 10,000 square feet of floor space available to the public.

      (b) “Selling at retail” has the meaning ascribed to it in NRS 372.050.

 


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ê2005 Statutes of Nevada, Page 646 (Chapter 198, SB 229)ê

 

      Sec. 8.  During the Fiscal Years 2005-2006 and 2006-2007, the Commission on Economic Development shall, until the Commission has granted $1,000,000 in partial abatements pursuant to sections 2, 3, 6 and 7 of this act, give priority to and expedite the processing of applications received by the Commission pursuant to section 6 or 7 of this act.

________

 

CHAPTER 199, SB 315

Senate Bill No. 315–Senator Nolan

 

CHAPTER 199

 

AN ACT relating to real estate; providing for the regulation of certain business brokers; providing for the establishment of certain fees relating to such regulation; revising provisions governing disclosures in certain real estate transactions; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 31, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 645 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  “Business broker” means a person who, while acting as a real estate broker, real estate broker-salesman or real estate salesman for another and for compensation or with the intention or expectation of receiving compensation:

      1.  Sells, exchanges, options or purchases a business;

      2.  Negotiates or offers, attempts or agrees to negotiate the sale, exchange, option or purchase of a business; or

      3.  Lists or solicits prospective purchasers of a business.

      Sec. 3.  1.  A person who is licensed as a real estate broker, real estate broker-salesman or real estate salesman pursuant to this chapter may apply to the Real Estate Division for a permit to engage in business as a business broker.

      2.  An applicant for a permit must:

      (a) Provide proof satisfactory to the Real Estate Division that he has successfully completed at least 24 hours of classroom instruction relating to business brokerage; and

      (b) Comply with any other requirements for the issuance of a permit established by the Commission.

      3.  A permit expires on the same date as the license of the holder of the permit expires. A permit may be renewed at the time that a person licensed pursuant to this chapter applies for renewal of his license.

      4.  An applicant for the renewal of a permit must:

      (a) Provide proof satisfactory to the Real Estate Division that he has successfully completed at least 3 hours of continuing education required for the renewal of his license pursuant to NRS 645.575 in an approved educational course, seminar or conference relating to business brokerage.

      (b) Comply with any other requirements for renewal of a permit established by the Commission.

 


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ê2005 Statutes of Nevada, Page 647 (Chapter 199, SB 315)ê

 

      5.  The Commission shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations must include, without limitation, provisions that establish:

      (a) Requirements for the issuance or renewal of a permit.

      (b) Fees for:

             (1) The issuance or renewal of a permit;

             (2) The cost of any examination required of an applicant for a permit, including, without limitation, any costs which are necessary for the administration of an examination; and

             (3) The cost of any investigation of an applicant for a permit.

      (c) Standards of education for the approval of a course of instruction to qualify an applicant for the issuance or renewal of a permit.

      Sec. 4.  1.  To engage in business as a business broker in this State:

      (a) A partnership shall designate one of its members;

      (b) A corporation shall designate one of its officers or employees;

      (c) A limited-liability company shall designate its manager; and

      (d) A real estate broker who conducts business as a sole proprietor shall designate himself or a person who is licensed under the real estate broker,

Ê to submit an application for a permit pursuant to section 3 of this act. The partnership, corporation, limited-liability company or sole proprietor shall not engage in business as a business broker unless the person so designated has been issued such a permit.

      2.  If the person designated to apply for a permit meets the qualifications for a permit set forth in section 3 of this act, the Real Estate Division shall issue to that person a permit to engage in business as a business broker on behalf of the partnership, corporation, limited-liability company or sole proprietor.

      3.  A person to whom such a permit has been issued may act as a business broker pursuant to the permit only on behalf of the partnership, corporation, limited-liability company or sole proprietor, and not on his own behalf. If that person ceases to be connected or associated with the partnership, corporation, limited-liability company or sole proprietor, the partnership, corporation, limited-liability company or sole proprietor shall designate another person who meets the qualifications for a permit set forth in section 3 of this act to hold the permit on behalf of the partnership, corporation, limited-liability company or sole proprietor.

      4.  Any member, officer or employee of a partnership, corporation, limited-liability company or sole proprietor, other than the person designated as the business broker pursuant to subsection 1, who wishes to engage in business as a business broker must apply in his own name for a permit. Pursuant to such a permit, the member, officer or employee of a partnership, corporation, limited-liability company or sole proprietor may act as a business broker only as an officer, agent or employee of the partnership, corporation, limited-liability company or sole proprietor, and not on his own behalf.

      Sec. 5.  1.  If a real estate broker does not hold a permit to engage in business as a business broker but intends to have the activities of a business broker conducted at an office, the real estate broker must:

      (a) Appoint a person, who has the qualifications required by this section, as the designated business broker for the office to supervise the activities of a business broker conducted at the office; and

 


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ê2005 Statutes of Nevada, Page 648 (Chapter 199, SB 315)ê

 

      (b) Submit notice of the appointment to the Division.

      2.  The designated business broker for an office must be a natural person who:

      (a) Holds a license as a real estate broker or real estate broker-salesman;

      (b) Holds a permit to engage in business as a business broker; and

      (c) Has 2 years active experience, within the 4 years immediately preceding the date of the appointment, in conducting the activities of a business broker in the United States as a licensed real estate broker, real estate broker-salesman or real estate salesman.

      3.  While acting as the designated business broker for an office, the person:

      (a) Must comply with all applicable provisions of this chapter; and

      (b) Is subject to all the remedies and penalties provided for in this chapter.

      Sec. 6.  NRS 645.0005 is hereby amended to read as follows:

      645.0005  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 645.001 to 645.040, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 7.  NRS 645.005 is hereby amended to read as follows:

      645.005  “Brokerage agreement” means an oral or written contract between a client and a broker in which the broker agrees to accept valuable consideration from the client or another person for assisting, soliciting or negotiating the sale, purchase, option, rental or lease of real property [.] , or the sale, exchange, option or purchase of a business. The term does not include a property management agreement.

      Sec. 8.  NRS 645.030 is hereby amended to read as follows:

      645.030  1.  “Real estate broker” means a person who, for another and for compensation or with the intention or expectation of receiving compensation:

      (a) Sells, exchanges, options, purchases, rents [,] or leases, or negotiates or offers, attempts or agrees to negotiate the sale, exchange, option, purchase, rental [,] or lease of, or lists or solicits prospective purchasers, lessees or renters of, any [business or] real estate or the improvements thereon or any modular homes or other housing offered or conveyed with any interest in real estate;

      (b) Engages in or offers to engage in the business of claiming, demanding, charging, receiving, collecting or contracting for the collection of an advance fee in connection with any employment undertaken to promote the sale or lease of business opportunities or real estate by advance fee listing advertising or other offerings to sell, lease, exchange or rent property; [or]

      (c) Engages in or offers to engage in the business of property management [.] ; or

      (d) Engages in or offers to engage in the business of business brokerage.

      2.  Any person who, for another and for compensation, aids, assists, solicits or negotiates the procurement, sale, purchase, rental or lease of public lands is a real estate broker within the meaning of this chapter.

      3.  The term does not include a person who is employed by a licensed real estate broker to accept reservations on behalf of a person engaged in the business of the rental of lodging for 31 days or less, if the employee does not perform any tasks related to the sale or other transfer of an interest in real estate.

 


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ê2005 Statutes of Nevada, Page 649 (Chapter 199, SB 315)ê

 

perform any tasks related to the sale or other transfer of an interest in real estate.

      Sec. 9.  NRS 645.230 is hereby amended to read as follows:

      645.230  1.  It is unlawful for any person, limited-liability company, partnership, association or corporation to engage in the business of, act in the capacity of, advertise or assume to act as, a:

      (a) Real estate broker, real estate broker-salesman or real estate salesman within the State of Nevada without first obtaining the appropriate license from the Real Estate Division as provided for in this chapter;

      (b) Property manager within the State of Nevada without first obtaining from the Real Estate Division as provided for in this chapter a license as a real estate broker, real estate broker-salesman or real estate salesman and a permit to engage in property management; [or]

      (c) Designated property manager within the State of Nevada without complying with the provisions of NRS 645.6055 [.] ;

      (d) Business broker within the State of Nevada without first obtaining from the Real Estate Division as provided for in this chapter a license as a real estate broker, real estate broker-salesman or real estate salesman and a permit to engage in business as a business broker issued pursuant to the provisions of section 3 of this act; or

      (e) Designated business broker within the State of Nevada without complying with the provisions of section 5 of this act.

      2.  The Real Estate Division may prefer a complaint for a violation of this section before any court of competent jurisdiction and may assist in presenting the law or facts upon any trial for a violation of this section.

      3.  The district attorney of each county shall prosecute all violations of this section in their respective counties in which violations occur, unless prosecuted by the Attorney General. Upon the request of the Administrator, the Attorney General shall prosecute any violation of this section in lieu of the district attorney.

      Sec. 10.  NRS 645.252 is hereby amended to read as follows:

      645.252  A licensee who acts as an agent in a real estate transaction:

      1.  Shall disclose to each party to the real estate transaction as soon as is practicable:

      (a) Any material and relevant facts, data or information which he knows, or which by the exercise of reasonable care and diligence he should have known, relating to the property which is the subject of the transaction.

      (b) Each source from which he will receive compensation as a result of the transaction.

      (c) That he is a principal to the transaction or has an interest in a principal to the transaction.

      (d) Except as otherwise provided in NRS 645.253, that he is acting for more than one party to the transaction. If a licensee makes such a disclosure, he must obtain the written consent of each party to the transaction for whom he is acting before he may continue to act in his capacity as an agent. The written consent must include:

             (1) A description of the real estate transaction.

             (2) A statement that the licensee is acting for two or more parties to the transaction who have adverse interests and that in acting for these parties, the licensee has a conflict of interest.

             (3) A statement that the licensee will not disclose any confidential information for 1 year after the revocation or termination of any brokerage agreement entered into with a party to the transaction, unless he is required to do so by a court of competent jurisdiction or he is given written permission to do so by that party.

 


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ê2005 Statutes of Nevada, Page 650 (Chapter 199, SB 315)ê

 

agreement entered into with a party to the transaction, unless he is required to do so by a court of competent jurisdiction or he is given written permission to do so by that party.

             (4) A statement that a party is not required to consent to the licensee acting on his behalf.

             (5) A statement that the party is giving his consent without coercion and understands the terms of the consent given.

      (e) Any changes in his relationship to a party to the transaction.

      2.  Shall exercise reasonable skill and care with respect to all parties to the real estate transaction.

      3.  Shall provide [to each party to the real estate transaction] the appropriate form prepared by the Division pursuant to NRS 645.193 [.] to:

      (a) Each party for whom the licensee is acting as an agent in the real estate transaction; and

      (b) Each unrepresented party to the real estate transaction, if any.

      4.  Unless otherwise agreed upon in writing, owes no duty to:

      (a) Independently verify the accuracy of a statement made by an inspector certified pursuant to chapter 645D of NRS or another appropriate licensed or certified expert.

      (b) Conduct an independent inspection of the financial condition of a party to a real estate transaction.

      Sec. 11.  1.  Notwithstanding the provisions of sections 3 and 9 of this act to the contrary, a person licensed as a real estate broker, real estate broker-salesman or real estate salesman on or before October 1, 2005, may lawfully engage in business as a business broker in this State until January 1, 2007, without a permit issued pursuant to section 3 of this act.

      2.  A licensee who is initially exempt from the requirements of sections 3 and 9 of this act pursuant to subsection 1 may satisfy the educational requirements of paragraph (a) of subsection 2 of section 3 of this act if, on or before January 1, 2007, the licensee obtains a passing score on a test on the principles of business brokerage established or adopted by the Real Estate Commission pursuant to subsection 3 and administered by the Real Estate Division of the Department of Business and Industry.

      3.  The Real Estate Commission shall, on or before July 1, 2006, establish or adopt a test on the principles of business brokerage to be administered by the Real Estate Division pursuant to subsection 2.

________

 

 


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ê2005 Statutes of Nevada, Page 651ê

 

CHAPTER 200, SB 255

Senate Bill No. 255–Committee on Commerce and Labor

 

CHAPTER 200

 

AN ACT relating to financial institutions; revising the provisions governing the acquisition of a branch of a Nevada depository institution by certain out-of-state depository institutions and holding companies; and providing other matters properly relating thereto.

 

[Approved: May 31, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 666.410 is hereby amended to read as follows:

      666.410  An out-of-state depository institution without a branch in Nevada [,] or an out-of-state holding company without a depository institution in Nevada may not establish a de novo branch in this State or acquire, through merger or otherwise, a branch of a depository institution in Nevada without acquiring the institution itself or its charter, except that, with the written approval of the Commissioner [, an] :

      1.  An out-of-state depository institution without a branch in Nevada [,] or an out-of-state holding company without a depository institution in Nevada may establish a branch office or acquire an existing branch in a county whose population is less than 100,000 without acquiring or merging with a Nevada depository institution or a Nevada holding company [.] ; and

      2.  An out-of-state depository institution without a branch in Nevada which is owned or controlled by a holding company that is entitled to the exemption set forth in section 4(c)(i) of the Bank Holding Company Act of 1956, as amended, 12 U.S.C. § 1843(c)(i), may acquire an existing branch in Nevada without acquiring or merging with a Nevada depository institution or a Nevada holding company.

________

 


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ê2005 Statutes of Nevada, Page 652ê

 

CHAPTER 201, SB 295

Senate Bill No. 295–Committee on Natural Resources

 

CHAPTER 201

 

AN ACT relating to motor vehicle products; revising the provisions governing motor vehicle fuel and petroleum products; providing a civil penalty for certain violations concerning the advertising of motor vehicle fuel and petroleum products; providing for the regulation of alternative fuel as a motor vehicle fuel; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 31, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 590 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  The State Sealer of Weights and Measures shall adopt regulations establishing a schedule of civil penalties for any violation of this section, NRS 590.160 to 590.330, inclusive, and section 3 of this act.

      2.  In addition to any criminal penalty that may be imposed, a person who violates any provision of this section, NRS 590.160 to 590.330, inclusive, and section 3 of this act is subject to a civil penalty in accordance with the schedule of civil penalties established by the State Sealer of Weights and Measures pursuant to subsection 1.

      Sec. 3.  1.  A person subject to a civil penalty may request an administrative hearing within 10 days after receipt of the notice of the civil penalty. The State Sealer of Weights and Measures or his designee shall conduct the hearing after giving appropriate notice to the respondent. The decision of the State Sealer of Weights and Measures or his designee is subject to appropriate judicial review.

      2.  If the respondent has exhausted his administrative appeals and the civil penalty has been upheld, he shall pay the civil penalty:

      (a) If no petition for judicial review is filed pursuant to NRS 233B.130, within 40 days after the final decision of the State Sealer of Weights and Measures; or

      (b) If a petition for judicial review is filed pursuant to NRS 233B.130 and the civil penalty is upheld, within 10 days after the effective date of the final decision of the court.

      3.  If the respondent fails to pay the civil penalty, a civil action may be brought by the State Sealer of Weights and Measures in any court of competent jurisdiction to recover the civil penalty. All civil penalties collected pursuant to this chapter must be deposited with the State Treasurer for credit to the State General Fund.

      Sec. 4.  NRS 590.020 is hereby amended to read as follows:

      590.020  As used in NRS 590.010 to 590.330, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires:

      1.  “Additives” means a substance to be added to a motor oil or lubricating oil to impart or improve desirable properties or to suppress undesirable properties.

 


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ê2005 Statutes of Nevada, Page 653 (Chapter 201, SB 295)ê

 

      2.  “Advertising medium” means any sign, printed or written matter, or device for oral or visual communication.

      3.  “Alternative fuel” includes, without limitation, premium diesel fuel, B-5 diesel fuel, B-10 diesel fuel, B-20 diesel fuel, B-100 diesel fuel, M-85, M-100, E-85, E-100, liquefied petroleum gas, natural gas, reformulated gasoline, gasohol and oxygenated fuel.

      4.  “Brand name” means a name or logo that is used to identify a business or company.

      5.  “Grade” means:

      (a) “Regular,” “midgrade,” “plus,” “super,” “premium” or words of similar meaning when describing a grade designation for gasoline.

      (b) “Diesel” or words of similar meaning, including, without limitation, any specific type of diesel, when describing a grade designation for diesel motor fuel.

      (c) “M-85,” “M-100,” “E-85,” “E-100” or words of similar meaning when describing a grade designation for alternative fuel.

      (d) “Propane,” “liquefied petroleum gas,” “compressed natural gas,” “liquefied natural gas” or words of similar meaning when describing pressurized gases.

      6.  “Motor vehicle fuel” means a petroleum product or alternative fuel used for internal combustion engines in motor vehicles.

      7.  “Performance rating” means the system adopted by the American Petroleum Institute for the classification of uses for which an oil is designed.

      [4.] 8.  “Petroleum products” means gasoline, diesel fuel, burner fuel kerosene, [motor vehicle fuel,] lubricating oil, motor oil or any product represented as motor oil or lubricating oil. The term does not include liquefied petroleum gas, natural gas or motor oil additives.

      [5.] 9.  “Recycled oil” means a petroleum product which is prepared from used motor oil or used lubricating oil. The term includes rerefined oil.

      [6.] 10.  “Rerefined oil” means used oil which is refined after its previous use to remove from the oil any contaminants acquired during the previous use.

      [7.] 11.  “Used oil” means any oil which has been refined from crude or synthetic oil and, as a result of use, has become unsuitable for its original purpose because of a loss of its original properties or the presence of impurities, but which may be suitable for another use or economically recycled.

      [8.] 12.  “Viscosity grade classification” means the measure of an oil’s resistance to flow at a given temperature according to the grade classification system of the Society of Automotive Engineers or other grade classification.

      Sec. 5.  NRS 590.030 is hereby amended to read as follows:

      590.030  1.  It is unlawful for any person to sell, attempt to sell, offer for sale or assist in the sale of any [gasoline, diesel fuel or lubricating oil for internal combustion engines,] motor vehicle fuel and willfully and falsely to represent that [gasoline, diesel fuel or lubricating oil] motor vehicle fuel to be [gasoline, diesel fuel or lubricating oil] a motor vehicle fuel of any dealer, manufacturer or producer other than the true dealer, manufacturer or producer thereof.

      2.  It is unlawful for any member of a firm or any officer of a corporation knowingly to permit any employee of the firm or corporation to sell, offer for sale or assist in the sale of any [gasoline, diesel fuel or lubricating oil for internal combustion engines,] motor vehicle fuel and falsely to represent that [gasoline, diesel fuel or lubricating oil] motor vehicle fuel to be the [gasoline, diesel fuel or lubricating oil] motor vehicle fuel of any dealer, manufacturer or producer other than the true dealer, manufacturer or producer thereof.

 


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ê2005 Statutes of Nevada, Page 654 (Chapter 201, SB 295)ê

 

falsely to represent that [gasoline, diesel fuel or lubricating oil] motor vehicle fuel to be the [gasoline, diesel fuel or lubricating oil] motor vehicle fuel of any dealer, manufacturer or producer other than the true dealer, manufacturer or producer thereof.

      3.  This section does not apply to any person who sells or offers for sale, under his own name or brand [,] name, the product or output of another manufacturer or producer with the written consent of the manufacturer or producer.

      Sec. 6.  NRS 590.040 is hereby amended to read as follows:

      590.040  1.  It is unlawful for any person to sell or offer to sell any [gasoline, diesel fuel or oil represented as lubricating oil for internal combustion engines,] motor vehicle fuel unless a sign or label is firmly attached to or painted at or near the outlet of the container from which or into which the [gasoline, diesel fuel or oil represented as lubricating oil or motor oil] motor vehicle fuel is dispensed or received for sale or delivery. Except as otherwise provided in this section, the sign or label, in letters not less than one-half inch in height, must contain the brand [or trade name followed by the word or words “Gasoline,” “Diesel Fuel,” “Lubricating Oil” or “Motor Oil.”] name and the grade designation of the motor vehicle fuel. All containers and dispensers of lubricating and motor oil must also be labeled in the same manner with the oil’s viscosity grade classification and performance rating. If a lubricating or motor oil has more than one viscosity grade classification or performance rating, each viscosity grade classification and performance rating must be included in the label. When the sign or label is attached to the faucet or valve of a tank truck or tank wagon, the letters must be not less than one-half inch in height. The provisions of this subsection do not apply to any oil labeled “prediluted” or intended only for mixture with gasoline or other motor vehicle fuel in a two-cycle engine.

      2.  The inlet end of the fill pipe to each [underground] storage tank of [gasoline or diesel] motor vehicle fuel must be labeled with the brand name and the grade of the [gasoline or diesel] motor vehicle fuel contained therein [.

      3.  Petroleum product delivery] or have a product-specific pressure vessel fill connection.

      3.  Delivery outlets for motor vehicle fuel on tank delivery trucks must be labeled to comply with the requirements of this section before departure from the bulk plants.

      4.  If any [gasoline] motor vehicle fuel has no brand [or trade] name, the sign or label required by subsection 1 must consist of [the] words, in letters not less than 3 inches high, [“Gasoline, No Brand.”

      5.  If any diesel fuel has no brand or trade name, the sign or label required by subsection 1 must consist of the words, in letters not less than 3 inches high, “Diesel, No Brand.”

      6.  If any lubricating oil or motor oil has no brand or trade name, the sign or label required by subsection 1 must consist of the words, in letters not less than 3 inches high, “Lubricating Oil, No Brand,” or “Motor Oil, No Brand.”

      7.] that designate the specific type of motor vehicle fuel followed by the words “No Brand,” such as “Gasoline, No Brand” or “E-100, No Brand.”

      5.  On any container with a net content of 1 United States gallon or less, the brand [, trademark or trade name,] name or trademark, the name and address of the distributor or manufacturer, the viscosity grade classification, the performance rating and the words “Motor Oil” or “Lubricating Oil” [may] must be painted, printed, embossed or otherwise firmly affixed on the container in letters and numerals of legible size.

 


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ê2005 Statutes of Nevada, Page 655 (Chapter 201, SB 295)ê

 

the performance rating and the words “Motor Oil” or “Lubricating Oil” [may] must be painted, printed, embossed or otherwise firmly affixed on the container in letters and numerals of legible size. Such a designation constitutes compliance with the provisions of this section.

      [8.] 6.  Small hand measures used for delivery of petroleum products [, and] or motor vehicle fuel that are filled in the presence of the customer [,] need not be labeled in accordance with the provisions of NRS 590.010 to 590.150, inclusive, if the receptacle, container or pump from which petroleum products [are] or motor vehicle fuel is drawn or poured into the hand measures is properly labeled as required by the provisions of NRS 590.010 to 590.150, inclusive.

      Sec. 7.  NRS 590.050 is hereby amended to read as follows:

      590.050  1.  It is unlawful for any person, or any officer, agent or employee thereof, engaged in or operating in the business of selling at retail any [gasoline or diesel fuel as fuel for internal combustion engines,] motor vehicle fuel or lubricating oil for internal combustion engines, to display any sign or other designating mark, at or near his place of business, which describes or designates a brand [or trade] name of a [gasoline, diesel fuel or lubricating oil for internal combustion engines] motor vehicle fuel not actually sold or offered for sale or delivery at the place of business where the sign or other designating mark is displayed.

      2.  It is unlawful for any person , or any officer, agent or employee thereof, to make or cause to be made, by means of any advertising medium whatever, any statement concerning the sale of [petroleum products] motor vehicle fuel or the performance characteristics thereof which is known to him to be untrue or misleading, or which by the exercise of reasonable care and diligence should be known to him to be untrue or misleading.

      Sec. 8.  NRS 590.060 is hereby amended to read as follows:

      590.060  1.  Except as otherwise provided in NRS 590.063 and 590.065, it is unlawful for any person, or any officer, agent or employee thereof, to adulterate any petroleum [products, and] product or motor vehicle fuel, to sell, attempt to sell, offer for sale or assist in the sale of any [of the products] product resulting from the adulteration, and to represent the product as the petroleum product or motor vehicle fuel of a brand [or trade] name in general use by any other marketer or producer of petroleum products [.] or motor vehicle fuel.

      2.  Whenever the description of any petroleum product or motor vehicle fuel is displayed on any tank, receptacle or other delivery device used for sale to the public, the kind, character and name of the petroleum product or motor vehicle fuel dispensed therefrom must correspond to the representations thereon.

      3.  Except as otherwise provided in this subsection, it is unlawful for any person, or any officer, agent or employee thereof, to deposit or deliver into any tank, receptacle or other container any [gasoline, diesel fuel or lubricating oil] petroleum product or motor vehicle fuel other than the [gasoline, diesel fuel or lubricating oil] petroleum product or motor vehicle fuel intended to be stored in the tank, receptacle or container and distributed therefrom, as indicated by the name of the producer, manufacturer or distributor [or the trade name] of the product displayed on the container itself, or on the pump , dispenser or other distributing device used in connection therewith. This section does not apply to any person who sells or offers for sale under his name or brand name the product or output of another manufacturer or producer, with the consent of [this] that manufacturer or producer.

 


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ê2005 Statutes of Nevada, Page 656 (Chapter 201, SB 295)ê

 

another manufacturer or producer, with the consent of [this] that manufacturer or producer.

      4.  If used oil or recycled oil, other than rerefined oil, is sold or offered for sale or delivery in this State, the container in which that oil is sold or offered for sale or delivery must bear a superimposed sign or label containing the clearly legible words “Recycled Oil” or “Used Oil.”

      Sec. 9.  NRS 590.063 is hereby amended to read as follows:

      590.063  1.  The use of pumps , dispensers or other devices which are capable of withdrawing gasoline from each of two tanks containing different qualities of the same petroleum product or motor vehicle fuel and dispensing them as a single combined product must be authorized if the Division of Measurement Standards of the State Department of Agriculture determines that all [of] the following conditions exist:

      (a) The device mechanism accurately measures the quantities of the gasoline being simultaneously withdrawn from each of the two tanks and the quantity dispensed.

      (b) The device mechanism accurately and visibly records and displays the resulting combined quality, the total quantity, the price per gallon for the particular quality combination being dispensed [,] and the total price of the quantity of gasoline dispensed at the particular sale.

      (c) The device has a locking selector mechanism which prevents the changing of the proportion of the two qualities being combined during the dispensing of the desired quantity.

      2.  The provisions of this section authorize the operation of a blending type of pump or dispenser connected to two tanks containing two different grades of the same product, which, if blended together in different proportions, will produce gasoline of different octane rating, each blend of which meets the specifications for gasoline as required by this chapter.

      Sec. 10.  NRS 590.065 is hereby amended to read as follows:

      590.065  1.  The use of pumps , dispensers or other devices which are capable of withdrawing gasoline from one tank containing gasoline and another tank containing motor oil and dispensing them as a single combined product and of withdrawing gasoline alone from the tank containing gasoline must be authorized if the Division of Measurement Standards of the State Department of Agriculture determines that all [of] the following conditions exist:

      (a) The device mechanism accurately measures the quantities being simultaneously withdrawn for dispensing as a combined product from each of the two tanks when the combined product is dispensed, and the quantity being dispensed from the gasoline tank alone when gasoline alone is dispensed.

      (b) The device mechanism accurately and visibly records and displays the ratio of gasoline to motor oil, the quantity of each ingredient being dispensed, the price per gallon for gasoline being dispensed and the price per quart for motor oil being dispensed, or [a device the mechanism of which] accurately and visibly records and displays the ratio of gasoline to motor oil [,] and the total volume of the oil and gasoline mixture delivered, and computes the total cost based upon the price set for the finished blend.

      (c) The device mechanism prevents the changing of the ratio of gasoline to motor oil during dispensing.

      (d) There is firmly attached to or painted upon the device mechanism panel a sign or label plainly visible consisting of the words [“outboard] “two-cycle motor fuel” [in letters not less than one-half inch in height,] together with the brand [, trademark or trade] name or trademark of the product, all of which must be in letters [of] not less than one-half inch in height.

 


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ê2005 Statutes of Nevada, Page 657 (Chapter 201, SB 295)ê

 

cycle motor fuel” [in letters not less than one-half inch in height,] together with the brand [, trademark or trade] name or trademark of the product, all of which must be in letters [of] not less than one-half inch in height.

      2.  The provisions of this section authorize the operation of a blending type of pump or dispenser connected to two tanks, one containing motor oil and the other gasoline, but only if the motor oil in its separate state meets the specifications for lubricating oil as required by NRS 590.080 [,] and the gasoline in its separate state meets the specifications for gasoline as required by NRS 590.070.

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

      590.070  1.  The State Board of Agriculture shall adopt regulations relating to the standards for motor vehicle fuel and petroleum products used in internal combustion engines.

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

      3.  This section does not apply to aviation fuel.

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

      Sec. 12.  NRS 590.071 is hereby amended to read as follows:

      590.071  1.  The State Board of Agriculture shall:

      (a) Enforce the standards relating to motor vehicle fuel and petroleum products adopted pursuant to NRS 590.070.

      (b) Adopt regulations specifying a schedule of fines that it may impose, upon notice and hearing, for each violation of the provisions of NRS 590.070. The maximum fine that may be imposed by the Board for each violation must not exceed $5,000 per day. All fines collected by the Board pursuant to the regulations adopted pursuant to this subsection must be [remitted to the county treasurer of the county in which the violation occurred] deposited with the State Treasurer for credit to the [county school district fund.] State General Fund.

      2.  The State Board of Agriculture may:

      (a) In addition to imposing a fine pursuant to subsection 1, issue an order requiring a violator to take appropriate action to correct the violation.

      (b) Request the district attorney of the appropriate county to investigate or file a criminal complaint against any person that the Board suspects may have violated any provision of NRS 590.070.

      Sec. 13.  NRS 590.073 is hereby amended to read as follows:

      590.073  1.  It is unlawful for any person to sell, offer for sale or assist in the sale of, or permit to be sold or offered for sale, any aviation fuel unless such fuel conforms to the specification standards prescribed by regulation of the State Sealer of Weights and Measures. The State Sealer of Weights and Measures may follow the specification standards set forth by [the American Society for Testing and Materials.] ASTM International.

      2.  This section does not apply to aviation fuel for use by military aircraft.

 


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ê2005 Statutes of Nevada, Page 658 (Chapter 201, SB 295)ê

 

      Sec. 14.  NRS 590.100 is hereby amended to read as follows:

      590.100  The State Sealer of Weights and Measures is charged with the proper enforcement of NRS 590.010 to 590.150, inclusive, and [shall have] has the following powers and duties:

      1.  He may publish reports relating to petroleum products and motor vehicle fuel in such form and at such times as he deems necessary.

      2.  He, or his appointees, shall inspect and check the accuracy of all [petroleum products] measuring devices for petroleum products and motor vehicle fuel maintained in this State, and shall seal all such devices whose tolerances are found to be within those prescribed by the National [Bureau of Standards.] Institute of Standards and Technology.

      3.  He, or his appointees, or any member of the Nevada Highway Patrol, may take such samples as he deems necessary of any petroleum product [when it] or motor vehicle fuel that is kept, transported or stored within the State of Nevada. It is unlawful for any person, or any officer, agent or employee thereof, to refuse to permit the State Sealer of Weights and Measures, or his appointees, or any member of the Nevada Highway Patrol, in the State of Nevada, to take such samples, or to prevent or to attempt to prevent the State Sealer of Weights and Measures, or his appointees, or any member of the Nevada Highway Patrol, from taking them. If the person, or any officer, agent or employee thereof, from which a sample is taken at the time of taking demands payment, then the person taking the sample shall pay the reasonable market price for the quantity taken.

      4.  He, or his appointees, may close and seal the outlets of any unlabeled or mislabeled containers, pumps , dispensers or storage tanks connected thereto or which contain any petroleum product or motor vehicle fuel which, if sold, would violate any of the provisions of NRS 590.010 to 590.150, inclusive, and shall post, in a conspicuous place on the premises where those containers, pumps , dispensers or storage tanks have been sealed, a notice stating that the action of sealing has been taken in accordance with the provisions of NRS 590.010 to 590.150, inclusive, and giving warning that it is unlawful to break, mutilate or destroy the seal or seals thereof under penalty as provided in NRS 590.110.

      5.  He, or his appointees, shall, upon at least 24 hours’ notice to the owner, manager, operator or attendant of the premises where a container, pump , dispenser or storage tank has been sealed , [as herein provided,] and at the time specified in the notice, break the seal for the purpose of permitting the removal of the contents of the container, pump , dispenser or storage tank. If the contents are not immediately and completely removed, the container, pump , dispenser or storage tank must be again sealed . [as herein provided.]

      6.  He shall adopt regulations which are necessary for the enforcement of NRS 590.010 to 590.150, inclusive, including standard procedures for testing petroleum products or motor vehicle fuel which are based on sources such as those approved by [the American Society for Testing Materials,] ASTM International, and may adopt specifications for any fuel for use in internal combustion engines which is sold or offered for sale and contains any alcohol or other combustible chemical that is not a petroleum product [.] or motor vehicle fuel.

      Sec. 15.  NRS 590.105 is hereby amended to read as follows:

      590.105  For the purpose of testing petroleum products or motor vehicle fuel as provided in NRS 590.010 to 590.150, inclusive, the ASTM-IP Petroleum Measurement Tables, American Edition, [shall] must be used for gravity and volume conversion and temperature correction of 60°F.

 


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ê2005 Statutes of Nevada, Page 659 (Chapter 201, SB 295)ê

 

Petroleum Measurement Tables, American Edition, [shall] must be used for gravity and volume conversion and temperature correction of 60°F.

      Sec. 16.  NRS 590.110 is hereby amended to read as follows:

      590.110  It is unlawful for any person other than the State Sealer of Weights and Measures or his appointees to break, mutilate or destroy any seal placed on any container, pump , dispenser or storage tank by the State Sealer of Weights and Measures or his appointees, or to cover, deface or remove, or attempt to cover, deface or remove, any notice of sealing posted by the State Sealer of Weights and Measures or his appointees . [as herein provided.]

      Sec. 17.  NRS 590.150 is hereby amended to read as follows:

      590.150  1.  Any person, or any officer, agent or employee thereof, who violates any of the provisions of NRS 590.010 to [590.065, inclusive, or 590.071 to] 590.140, inclusive, is guilty of a misdemeanor.

      2.  Each such person, or any officer, agent or employee thereof, [shall be deemed] is guilty of a separate offense for each day during any portion of which any violation of any provision of NRS 590.010 to 590.140, inclusive, is committed, continued or permitted by such person, or any officer, agent or employee thereof, and shall be [punishable] punished as provided in this section.

      3.  The selling and delivery of any petroleum product or motor vehicle fuel mentioned in NRS 590.010 to 590.140, inclusive, is prima facie evidence of the representation on the part of the vendor that the quality sold and delivered was the quality bought by the vendee.

      Sec. 18.  NRS 590.160 is hereby amended to read as follows:

      590.160  The provisions of NRS 590.160 to 590.330, inclusive, [shall] and sections 2 and 3 of this act, must be administered by the State Sealer of Weights and Measures.

      Sec. 19.  NRS 590.170 is hereby amended to read as follows:

      590.170  1.  Except as otherwise provided in this section, a person shall not keep, maintain or display in this State any advertising medium which indicates , [or] shows or advertises the price of motor vehicle fuel sold, offered for sale or advertised for sale from the premises, unless the actual price per unit of measure of motor vehicle fuel, including taxes, is also shown on the advertising medium, together with the [word or words “gasoline” or “diesel fuel,” and the trade name or brand.] brand name and the individual grade or grades of the motor vehicle fuel being advertised. If motor vehicle fuel prices are advertised in units of measure other than the gallon, the actual price per unit of measure along with the equivalent price per gallon and the word designating the unit of measure must be displayed on the face of the pump [.] or dispenser.

      2.  The price of diesel fuel may be advertised excluding state tax, but only by a sign which clearly and conspicuously contains the wording “With Permit,” “With State Permit ” [] or words of similar meaning in letters of uniform size not less than 4 inches in height. Diesel fuel dispensers displaying unit price without state tax must be labeled in letters not less than 1 inch in height with the words “Permit Price,” “With State Permit ” [] or words of similar meaning.

      3.  Except as otherwise provided in subsection 2, retail devices displaying the unit price to compute or record deliveries must not be considered an advertising medium.

 


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      Sec. 20.  NRS 590.180 is hereby amended to read as follows:

      590.180  1.  No person offering for sale or selling any motor vehicle fuel in the State of Nevada may post or display a sign or statement or other advertising medium reading, in substance, “save” a designated amount, or a designated amount per unit of measure, such as “save 5 cents” or “save 5 cents per gallon,” or using the expression “off” a designated amount, such as “5 cents off” or “5 cents less,” or “discount” of a given amount, such as [“5 cents] “5-cent discount,” or otherwise using the words “save,” “off,” “discount,” “wholesale,” “below,” or any of them, or a word or words of similar meaning or other phraseology indicating a reduced price, unless there is posted and displayed in letters of equal size and as part of the same sign, statement or other advertising medium the total price, including all taxes, at which motor vehicle fuel is being sold or offered for sale, designating the price for each brand [or trade] name or grade of motor vehicle fuel being sold or offered for sale.

      2.  The size of the letters, words, figures or numerals used to indicate the total price per unit of measure, including all taxes, must be of a size as provided under the provisions of NRS 590.200.

      Sec. 21.  NRS 590.190 is hereby amended to read as follows:

      590.190  If motor vehicle fuel is offered for sale or advertised for sale from the premises of any place of business in this State, but not under any [trade name or] brand name, then the words “no brand” must be used and designated on the advertising medium.

      Sec. 22.  NRS 590.200 is hereby amended to read as follows:

      590.200  All letters, figures or numerals used in designating the brand name or words “no brand” in any advertising medium referred to in NRS 590.160 to 590.330, inclusive, and sections 2 and 3 of this act must be of uniform size and must not be less than 6 inches in height or one-third the size of the numerals designating the price , whichever is larger, and the height must not be more than twice the dimension of the width of each letter, or figure or numeral.

      Sec. 23.  NRS 590.210 is hereby amended to read as follows:

      590.210  All letters used in designating [the word “gasoline” or the words “diesel fuel”] each individual grade of motor vehicle fuel must be at least 4 inches in height , and the height must not be more than twice the dimension of the width of each letter.

      Sec. 24.  NRS 590.220 is hereby amended to read as follows:

      590.220  All letters, words, figures or numerals used on the advertising medium referred to in NRS 590.160 to 590.330, inclusive, and sections 2 and 3 of this act to indicate prices of motor vehicle fuel sold or advertised for sale must be uniform in size and must be at least [six] 6 inches in height, and the height must not be more than twice the width. If a fraction displaying a numerator and a denominator is used in lieu of a full-size numeral on a price sign, the fraction must be of the same height and design as the other numerals indicating price. Numerators without denominators must not be used for fractions. The advertising medium must indicate the price of the fuel per gallon.

      Sec. 25.  NRS 590.230 is hereby amended to read as follows:

      590.230  1.  The advertising medium referred to in NRS 590.160 to 590.330, inclusive, and sections 2 and 3 of this act must not contain any other advertising matter except words of description of the product sold or offered for sale, and method of sale, such as “self-serve,” “full serve ” [] or words of similar meaning.

 


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ê2005 Statutes of Nevada, Page 661 (Chapter 201, SB 295)ê

 

words of similar meaning. If words of description or method of sale of the product offered or advertised by any such sign are used, the letters, figures or numerals which form any words must not be larger than the words, marks, letters, figures or numerals used in forming or designating the price per unit of measure.

      2.  [When] If the price of a brand name or grade of motor vehicle fuel is advertised by means of a price sign and is sold at different prices from the dispensing devices on the premises, the sign or signs advertising the price must include notice of the conditions under which the brand name or grade is sold. [When] If the sign advertises only the cash price, as a condition of sale for the motor vehicle fuel offered for sale on the premises, the sign must clearly state “cash” in letters a minimum of 6 inches in height or one-third the size of the numerals in announcing the price, whichever is larger. If terms stating the condition of sale, including “self-serve,” “full serve,” or words of similar meaning, appear on a price sign, there must be signs designating “self-serve” and “full serve” islands, pumps or dispensing devices in letters of 4 inches in height or more, conspicuously posted, showing the pumps or dispensing devices where the product is sold at each price.

      Sec. 26.  NRS 590.270 is hereby amended to read as follows:

      590.270  All words, letters, figures or numerals on the advertising medium referred to in NRS 590.160 to 590.330, inclusive, and sections 2 and 3 of this act which form or designate the brand name or the words “no brand” must be of like color or tint, and all words, letters, figures or numerals designating or indicating the price of motor vehicle fuel so offered for sale must be of like color or tint, and all [letters used in the word “gasoline” or the words “diesel fuel”] words, letters, figures or numerals used in designating the grades and conditions of sale of motor vehicle fuel being advertised must be of like color or tint.

      Sec. 27.  NRS 590.320 is hereby amended to read as follows:

      590.320  It is unlawful for any person engaged in the business of selling at retail any motor vehicle fuel or petroleum [products] product for internal combustion engines [,] to display any sign or other designating mark at or near the person’s place of business describing or designating a brand [, trademark or trade] name , a trademark or the words “no brand” [of] with respect to any motor vehicle fuel or petroleum [products] product for internal combustion engines [, not actually sold or offered] that is not currently available for sale or delivery at the person’s place of business.

      Sec. 28.  NRS 590.330 is hereby amended to read as follows:

      590.330  Any violation of the provisions of NRS 590.160 to 590.330, inclusive, and sections 2 and 3 of this act shall be punished:

      1.  For the first conviction, by a fine of not more than $500.

      2.  For the second conviction, for a misdemeanor.

      3.  For the third and subsequent convictions, for a gross misdemeanor.

      Sec. 29.  NRS 561.305 is hereby amended to read as follows:

      561.305  The Department shall establish and maintain a laboratory for the following purposes:

      1.  The diagnosis of infectious, contagious and parasitic diseases of animals, as may be necessary under the provisions of chapter 571 of NRS.

      2.  The diagnosis of infectious, contagious and parasitic diseases of bees, as may be necessary under the provisions of chapter 552 of NRS . [552.085 to 552.310, inclusive.]

 


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ê2005 Statutes of Nevada, Page 662 (Chapter 201, SB 295)ê

 

      3.  The diagnosis of infectious, contagious and destructive diseases of agricultural commodities, and infestations thereof by pests, as may be necessary under the provisions of chapter 554 of NRS . [554.010 to 554.240, inclusive.]

      4.  The survey and identification of insect pests, plant diseases and noxious weeds, and the maintenance of a herbarium, as may be necessary under the provisions of NRS [555.010] 555.005 to 555.249, inclusive.

      5.  The testing of pesticides, as may be necessary under the provisions of NRS 555.2605 to 555.460, inclusive, and 586.010 to 586.450, inclusive.

      6.  The safekeeping and maintenance of official standards of weights and measures, as may be necessary under the provisions of chapter 581 of NRS.

      7.  The testing and grading of agricultural products and the testing of the purity and germinating power of agricultural seeds and the testing of the spray residue contained in produce, as may be necessary under the provisions of chapter 587 of NRS.

      8.  The analysis and testing of commercial fertilizers and agricultural minerals, as may be necessary under the provisions of chapter 588 of NRS.

      9.  The analysis and testing of petroleum products [,] or motor vehicle fuel, as may be necessary under the provisions of NRS 590.010 to 590.150, inclusive.

      10.  The analysis and testing of antifreeze, as may be necessary under the provisions of NRS 590.340 to 590.450, inclusive.

      11.  Any laboratory examinations, diagnoses, analyses or testing as may be deemed necessary by the Director and which can be made with equipment available in any such laboratory. Any resident of this State may submit samples to the Department for examination, diagnosis, analysis or testing, subject to such rules and regulations as may be adopted by the Director.

      Sec. 30.  NRS 561.385 is hereby amended to read as follows:

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

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

      (a) Except as otherwise provided in NRS 586.270, fees collected pursuant to the provisions of NRS 586.010 to 586.450, inclusive.

      (b) Fees collected pursuant to the provisions of chapter 588 of NRS.

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

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

      (e) Laboratory fees collected for the analysis and testing of commercial fertilizers and agricultural minerals, as authorized by NRS 561.305, and as are necessary pursuant to the provisions of chapter 588 of NRS.

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

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

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

 


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ê2005 Statutes of Nevada, Page 663 (Chapter 201, SB 295)ê

 

555.2605 to 555.460, inclusive, or chapters 586, 588 and 590 of NRS . [and NRS 555.2605 to 555.460, inclusive.]

      Sec. 31.  NRS 590.240 is hereby repealed.

________

 

CHAPTER 202, AB 114

Assembly Bill No. 114–Assemblymen Marvel, Sibley, Allen, Carpenter, Grady, Hettrick and Seale (by request)

 

CHAPTER 202

 

AN ACT relating to property; revising the provisions governing dealers of manufactured homes, mobile homes and commercial coaches; authorizing a licensed real estate broker and his licensed salesman under certain circumstances to sell used manufactured homes and used mobile homes without being licensed as a dealer; revising the provisions governing transactions involving used manufactured homes or used mobile homes; revising the provisions governing the Real Estate Education, Research and Recovery Fund; and providing other matters properly relating thereto.

 

[Approved: May 31, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 489.076 is hereby amended to read as follows:

      489.076  1.  “Dealer” means any person who:

      (a) For compensation, money or any other thing of value, sells, exchanges, buys or offers for sale, negotiates or attempts to negotiate a sale or exchange of an interest in a manufactured home, mobile home or commercial coach subject to the requirements of this chapter, or induces or attempts to induce any person to buy or exchange an interest in a manufactured home, mobile home or commercial coach;

      (b) For compensation, money or any other thing of value, leases or rents, offers for lease or rental, negotiates or attempts to negotiate the lease or rental of an interest in a manufactured home, mobile home or commercial coach subject to the requirements of this chapter, or induces or attempts to induce any person to lease or rent an interest in a manufactured home, mobile home or commercial coach;

      (c) Receives or expects to receive a commission, money, brokerage fees, profit or any other thing of value from either the seller or purchaser of any manufactured home, mobile home or commercial coach;

      (d) Is engaged wholly or in part in the business of:

             (1) Selling, renting or leasing manufactured homes, mobile homes or commercial coaches;

             (2) Buying or taking manufactured homes, mobile homes or commercial coaches in trade for the purpose of resale, selling, or offering them for sale or consignment to be sold;

             (3) Buying or taking manufactured homes, mobile homes or commercial coaches in trade to rent, lease or offer them for rent or lease; or

             (4) Otherwise dealing in manufactured homes, mobile homes or commercial coaches; or

 


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ê2005 Statutes of Nevada, Page 664 (Chapter 202, AB 114)ê

 

      (e) Acts as a repossessor or liquidator concerning manufactured homes, mobile homes or commercial coaches,

Ê whether or not they are owned by such persons.

      2.  The term does not include:

      (a) Receivers, trustees, administrators, executors, guardians or other persons appointed by or acting under the order of any court;

      (b) Public officers while performing their official duties;

      (c) Banks, savings and loan associations, credit unions, thrift companies or other financial institutions proceeding as repossessors or liquidators of their own security;

      (d) A person who rents or leases his manufactured home, mobile home or commercial coach; [or]

      (e) An owner selling his private residence [.] ; or

      (f) A real estate broker, real estate broker-salesman or real estate salesman who is licensed pursuant to chapter 645 of NRS and who, for another and for compensation or with the intention or expectation of receiving compensation, sells, exchanges, options, purchases, rents or leases, or negotiates or offers, attempts or agrees to negotiate the sale, exchange, option, purchase, rental or lease of, or lists or solicits prospective purchasers, lessees or renters of, used manufactured homes or used mobile homes in connection with the sale of a fee simple interest in real property and the used manufactured home or used mobile home is situated on the real property sold.

      Sec. 2.  NRS 489.331 is hereby amended to read as follows:

      489.331  [1.  The Division shall adopt regulations for the issuance of limited dealer’s licenses authorizing licensed real estate brokers to sell used manufactured homes and used mobile homes when the sale is in connection with the sale of a fee simple interest in real property and the used manufactured home or used mobile home is situated on the real property sold. The regulations must not be more strict than the regulations in effect which pertain to licenses for other dealers. An applicant for a limited dealer’s license is not required to have sufficient space to display used manufactured homes or used mobile homes at his established place of business.

      2.  If a] A licensed real estate broker [holds a limited dealer’s license, he] and his licensed salesmen may , without applying for or obtaining any license issued pursuant to the provisions of this chapter, sell used manufactured homes and used mobile homes when the sale is in connection with the sale of a fee simple interest in real property and the used manufactured home or used mobile home is situated on the real property sold.

      Sec. 3.  NRS 489.7152 is hereby amended to read as follows:

      489.7152  The Administrator shall prescribe, by regulation, the form of the contract that must be used by a dealer for the sale of a manufactured home, mobile home or commercial coach.

      Sec. 4.  Chapter 645 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.

      Sec. 5.  “Used manufactured home” or “used mobile home” means a manufactured home or mobile home, respectively, which has been:

      1.  Sold, rented or leased, and which was occupied before or after the sale, rental or lease; or

      2.  Registered with or been the subject of a certificate of title issued by the appropriate agency of authority of this State, any other state, the District of Columbia, any territory or possession of the United States, or any foreign state, province or country.

 


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ê2005 Statutes of Nevada, Page 665 (Chapter 202, AB 114)ê

 

District of Columbia, any territory or possession of the United States, or any foreign state, province or country.

      Sec. 6.  1.  In any transaction involving a used manufactured home or used mobile home that has not been converted to real property pursuant to NRS 361.244, a licensee shall provide to the purchaser, on a form prepared by the Real Estate Division, the following disclosures:

      (a) The year, serial number and manufacturer of the used manufactured home or used mobile home;

      (b) A statement that the used manufactured home or used mobile home is personal property subject to personal property taxes;

      (c) A statement of the requirements of NRS 489.521 and 489.531; and

      (d) Such other disclosures as may be required by the Real Estate Division.

      2.  The disclosures required pursuant to subsection 1 do not constitute a warranty as to the title or condition of the used manufactured home or used mobile home.

      3.  A real estate broker who represents a client in such a transaction shall take such actions as necessary to ensure that the client complies with the requirements of NRS 489.521 and 489.531.

      Sec. 7.  NRS 645.0005 is hereby amended to read as follows:

      645.0005  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 645.001 to 645.040, inclusive, and section 5 of this act have the meanings ascribed to them in those sections.

      Sec. 8.  NRS 645.030 is hereby amended to read as follows:

      645.030  1.  “Real estate broker” means a person who, for another and for compensation or with the intention or expectation of receiving compensation:

      (a) Sells, exchanges, options, purchases, rents, or leases, or negotiates or offers, attempts or agrees to negotiate the sale, exchange, option, purchase, rental, or lease of, or lists or solicits prospective purchasers, lessees or renters of, any business or real estate or the improvements thereon or any modular homes , used manufactured homes, used mobile homes or other housing offered or conveyed with any interest in real estate;

      (b) Engages in or offers to engage in the business of claiming, demanding, charging, receiving, collecting or contracting for the collection of an advance fee in connection with any employment undertaken to promote the sale or lease of business opportunities or real estate by advance fee listing advertising or other offerings to sell, lease, exchange or rent property; or

      (c) Engages in or offers to engage in the business of property management.

      2.  Any person who, for another and for compensation, aids, assists, solicits or negotiates the procurement, sale, purchase, rental or lease of public lands is a real estate broker within the meaning of this chapter.

      3.  The term does not include a person who is employed by a licensed real estate broker to accept reservations on behalf of a person engaged in the business of the rental of lodging for 31 days or less, if the employee does not perform any tasks related to the sale or other transfer of an interest in real estate.

      Sec. 9.  NRS 645.842 is hereby amended to read as follows:

      645.842  1.  The Real Estate Education, Research and Recovery Fund is hereby created as a special revenue fund.

 


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ê2005 Statutes of Nevada, Page 666 (Chapter 202, AB 114)ê

 

      2.  A balance of not less than [$50,000] $300,000 must be maintained in the Fund, to be used for satisfying claims against persons licensed under this chapter, as provided in NRS 645.841 to 645.8494, inclusive. Any balance over [$50,000] $300,000 remaining in the Fund at the end of any fiscal year must be set aside and used by the Administrator, after approval of the Commission, for real estate education and research.

      3.  The interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund.

      Sec. 10.  NRS 645.844 is hereby amended to read as follows:

      645.844  1.  Except as otherwise provided in subsection 2, when any person obtains a final judgment in any court of competent jurisdiction against any licensee or licensees pursuant to this chapter, upon grounds of fraud, misrepresentation or deceit with reference to any transaction for which a license is required pursuant to this chapter, that person, upon termination of all proceedings, including appeals in connection with any judgment, may file a verified petition in the court in which the judgment was entered for an order directing payment out of the Fund in the amount of the unpaid actual damages included in the judgment, but not more than [$10,000] $25,000 per judgment. The liability of the Fund does not exceed [$20,000] $100,000 for any person licensed pursuant to this chapter, whether he is licensed as a limited-liability company, partnership, association or corporation or as a natural person, or both. The petition must state the grounds which entitle the person to recover from the Fund.

      2.  A person who is licensed pursuant to this chapter may not recover from the Fund for damages which are related to a transaction in which he acted in his capacity as a licensee.

      3.  A copy of the:

      (a) Petition;

      (b) Judgment;

      (c) Complaint upon which the judgment was entered; and

      (d) Writ of execution which was returned unsatisfied,

Ê must be served upon the Administrator and the judgment debtor and affidavits of service must be filed with the court.

      4.  Upon the hearing on the petition, the petitioner must show that:

      (a) He is not the spouse of the debtor, or the personal representative of that spouse.

      (b) He has complied with all the requirements of NRS 645.841 to 645.8494, inclusive.

      (c) He has obtained a judgment of the kind described in subsection 1, stating the amount thereof, the amount owing thereon at the date of the petition, and that the action in which the judgment was obtained was based on fraud, misrepresentation or deceit of the licensee in a transaction for which a license is required pursuant to this chapter.

      (d) A writ of execution has been issued upon the judgment and that no assets of the judgment debtor liable to be levied upon in satisfaction of the judgment could be found, or that the amount realized on the sale of assets was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due.

      (e) He has made reasonable searches and inquiries to ascertain whether the judgment debtor possesses real or personal property or other assets, liable to be sold or applied in satisfaction of the judgment, and after reasonable efforts that no property or assets could be found or levied upon in satisfaction of the judgment.

 


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ê2005 Statutes of Nevada, Page 667 (Chapter 202, AB 114)ê

 

efforts that no property or assets could be found or levied upon in satisfaction of the judgment.

      (f) He has made reasonable efforts to recover damages from each and every judgment debtor.

      (g) The petition has been filed no more than 1 year after the termination of all proceedings, including reviews and appeals, in connection with the judgment.

      5.  The provisions of this section do not apply to owner-developers.

________

 

CHAPTER 203, AB 426

Assembly Bill No. 426–Committee on Government Affairs

 

CHAPTER 203

 

AN ACT relating to the Office of the Attorney General; revising provision governing the payment of litigation expenses; and providing other matters properly relating thereto.

 

[Approved: May 31, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 228.099 is hereby amended to read as follows:

      228.099  1.  There is hereby created a Revolving Account for the Office of Attorney General in the sum of $5,000, which must be used for payment of expenses related to litigation which are unexpected and require prompt payment and for no other purposes.

      2.  The Attorney General shall deposit the money in the Revolving Account in a bank or credit union qualified to receive deposits of public money as provided by law and the deposit must be secured by a depository bond satisfactory to the State Board of Examiners.

      3.  The Attorney General or his designee may sign all checks drawn upon the Revolving Account.

      4.  Payments made for litigation expenses from the Revolving Account must be promptly reimbursed from the legislative appropriation [,] or authorization, if any, to the [Attorney General for special litigation expenses.] account of the Attorney General relating to the matter for which the litigation expenses were incurred. The claim for reimbursement must be processed and paid as other claims against the State are paid.

________

 

 


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ê2005 Statutes of Nevada, Page 668ê

 

CHAPTER 204, SB 410

Senate Bill No. 410–Committee on Government Affairs

 

CHAPTER 204

 

AN ACT relating to state purchasing; exempting the University and Community College System of Nevada from the requirement to purchase prescription drugs, pharmaceutical services, or medical supplies and related services through the Purchasing Division of the Department of Administration; and providing other matters properly relating thereto.

 

[Approved: May 31, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 333.020 is hereby amended to read as follows:

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

      1.  “Best value” means the greatest possible economy consistent with grades or qualities of supplies, materials, equipment and services that are adapted to the purposes to be served.

      2.  “Chief” means the Chief of the Purchasing Division.

      3.  “Director” means the Director of the Department of Administration.

      4.  “Invitation to bid” means a written statement which sets forth the requirements and specifications of a contract to be awarded by competitive selection.

      5.  “Proprietary information” means:

      (a) Any trade secret or confidential business information that is contained in a bid or proposal submitted on a particular contract; or

      (b) Any other trade secret or confidential business information submitted in a bid or proposal and designated as proprietary by the Chief.

Ê As used in this subsection, “confidential business information” means any information relating to the amount or source of any income, profits, losses or expenditures of a person, including data relating to cost or price submitted in support of a bid or proposal. The term does not include the amount of a bid or proposal.

      6.  “Purchasing Division” means the Purchasing Division of the Department of Administration.

      7.  “Purchasing officer” means a person who is authorized by the Chief or a using agency to participate in:

      (a) The evaluation of bids or proposals for a contract;

      (b) Any negotiations concerning a contract; or

      (c) The development, review or approval of a contract.

      8.  “Request for proposals” means a written statement which sets forth the requirements and specifications of a contract to be awarded by competitive selection.

      9.  “Trade secret” has the meaning ascribed to it in NRS 600A.030.

      10.  “Using agencies” means all officers, departments, institutions, boards, commissions and other agencies in the Executive Department of the State Government which derive their support from public money in whole or in part, whether the money is provided by the State of Nevada, received from the Federal Government or any branch, bureau or agency thereof, or derived from private or other sources.

 


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ê2005 Statutes of Nevada, Page 669 (Chapter 204, SB 410)ê

 

from private or other sources. The term does not include the Nevada Rural Housing Authority, the Housing Division of the Department of Business and Industry, local governments as defined in NRS 354.474, conservation districts, irrigation districts and [, except as otherwise provided in NRS 333.435,] the University and Community College System of Nevada.

      11.  “Volunteer fire department” means a volunteer fire department which pays premiums for industrial insurance pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.

      Sec. 2.  NRS 333.020 is hereby amended to read as follows:

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

      1.  “Best value” means the greatest possible economy consistent with grades or qualities of supplies, materials, equipment and services that are adapted to the purposes to be served.

      2.  “Chief” means the Chief of the Purchasing Division.

      3.  “Director” means the Director of the Department of Administration.

      4.  “Invitation to bid” means a written statement which sets forth the requirements and specifications of a contract to be awarded by competitive selection.

      5.  “Proprietary information” means:

      (a) Any trade secret or confidential business information that is contained in a bid or proposal submitted on a particular contract; or

      (b) Any other trade secret or confidential business information submitted in a bid or proposal and designated as proprietary by the Chief.

Ê As used in this subsection, “confidential business information” means any information relating to the amount or source of any income, profits, losses or expenditures of a person, including data relating to cost or price submitted in support of a bid or proposal. The term does not include the amount of a bid or proposal.

      6.  “Purchasing Division” means the Purchasing Division of the Department of Administration.

      7.  “Purchasing officer” means a person who is authorized by the Chief or a using agency to participate in:

      (a) The evaluation of bids or proposals for a contract;

      (b) Any negotiations concerning a contract; or

      (c) The development, review or approval of a contract.

      8.  “Request for proposals” means a written statement which sets forth the requirements and specifications of a contract to be awarded by competitive selection.

      9.  “Trade secret” has the meaning ascribed to it in NRS 600A.030.

      10.  “Using agencies” means all officers, departments, institutions, boards, commissions and other agencies in the Executive Department of the State Government which derive their support from public money in whole or in part, whether the money is provided by the State of Nevada, received from the Federal Government or any branch, bureau or agency thereof, or derived from private or other sources. The term does not include the Nevada Rural Housing Authority, local governments as defined in NRS 354.474, conservation districts, irrigation districts and [, except as otherwise provided in NRS 333.435,] the University and Community College System of Nevada.

      11.  “Volunteer fire department” means a volunteer fire department which pays premiums for industrial insurance pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.

 


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ê2005 Statutes of Nevada, Page 670 (Chapter 204, SB 410)ê

 

      Sec. 3.  NRS 333.435 is hereby amended to read as follows:

      333.435  1.  Except as otherwise provided in subsection 2, a using agency shall purchase prescription drugs, pharmaceutical services, or medical supplies and related services, or any combination thereof, only through the Purchasing Division.

      2.  A using agency may, on its own behalf or in cooperation with one or more other using agencies or other governmental entities within or outside this State, purchase prescription drugs, pharmaceutical services, or medical supplies and related services from an entity other than the Purchasing Division if the using agency or using agencies or other governmental entities, as applicable, can obtain the best value for prescription drugs, pharmaceutical services, or medical supplies and related services from the other entity and the Purchasing Division is unable to match or exceed that best value in a timely manner.

      3.  If a using agency purchases prescription drugs, pharmaceutical services, or medical supplies and related services from an entity other than the Purchasing Division pursuant to subsection 2, the using agency shall report to the Purchasing Division, within 10 days after the initial purchase:

      (a) The purchase price for the prescription drugs, pharmaceutical services, or medical supplies and related services; and

      (b) The name, address and telephone number of the entity that sold the using agency the prescription drugs, pharmaceutical services, or medical supplies and related services.

      [4.  As used in this section, “using agency” includes the University and Community College System of Nevada.]

      Sec. 4.  NRS 333.470 is hereby amended to read as follows:

      333.470  1.  [Except as otherwise provided in NRS 333.435, the] The University and Community College System of Nevada, local governments as defined in NRS 354.474, conservation districts and irrigation districts in the State of Nevada may obtain supplies, materials and equipment on a voluntary basis through the facilities of the Purchasing Division.

      2.  The Chief shall issue bulletins from time to time to:

      (a) Each state agency;

      (b) Each local governmental agency;

      (c) Each irrigation district;

      (d) Each conservation district; and

      (e) The University and Community College System of Nevada,

Ê indicating the supplies, materials and equipment available and the prices thereof.

      3.  The specifications for all bids for supplies, materials or equipment to be furnished pursuant to the provisions of subsection 1 must be so written that all suppliers of the market in the industry or business concerned are given an opportunity to bid pursuant to notice as provided for in this chapter.

      Sec. 5.  1.  This section and sections 1, 3 and 4 of this act become effective upon passage and approval.

      2.  Section 1 of this act expires by limitation on June 30, 2009.

      3.  Section 2 of this act becomes effective on July 1, 2009.

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ê2005 Statutes of Nevada, Page 671ê

 

CHAPTER 205, AB 158

Assembly Bill No. 158–Assemblyman Hettrick

 

CHAPTER 205

 

AN ACT relating to state government; requiring a state agency, under certain circumstances, to provide notice to an officer, employee or contractor of the agency when the agency accesses or causes to be accessed a computer assigned or loaned to the officer, employee or contractor; and providing other matters properly relating thereto.

 

[Approved: May 31, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 281 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 3, a state agency that accesses or causes to be accessed a computer of the state agency that has been assigned or loaned by the state agency to an officer, employee or contractor for his exclusive or routine use in carrying out the duties of his position shall notify the officer, employee or contractor of such access.

      2.  The notice of access required pursuant to subsection 1 must be provided in a uniform and understandable format. The notice may be provided before or after such access occurs, but not more than 48 hours before or 48 hours after such access occurs.

      3.  The head of a state agency, any state officer to whom the head of the state agency reports or the appointee or designee of either may authorize the access of a computer of the state agency without providing the notice of access otherwise required by subsections 1 and 2:

      (a) If the access occurs during the course of:

             (1) An internal investigation which is conducted within the state agency by the personnel of the state agency as authorized by law and any information concerning such access is kept in a file maintained by the state agency pertaining to the investigation; or

             (2) An investigation which is conducted by a state or federal law enforcement agency.

      (b) Except as otherwise provided in subsection 5, if the access occurs in the course of regular or routine maintenance conducted by an employee of the state agency whose duties include the regular or routine maintenance of the computers of the state agency and the state agency has adopted by regulation and implemented the procedure set forth in subsection 4.

      (c) If a state agency has adopted by regulation the procedure set forth in subsection 4 and the access occurs after recording the information required pursuant to subsection 4.

      4.  A state agency may adopt by regulation a procedure to record access to computers of the state agency in a log maintained by the state agency for that purpose. If a state agency adopts such a procedure, the procedure must include, without limitation, a requirement for the recording of the following information concerning the access in the log:

 


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ê2005 Statutes of Nevada, Page 672 (Chapter 205, AB 158)ê

 

      (a) The date on which the access will occur and, if known, the time at which the access will occur on that date;

      (b) As determined by the officer, appointee or designee who authorizes the access, a reasonable explanation of the exigent circumstances or other relevant considerations which justify accessing the computer without the knowledge of the officer, employee or contractor to whom the agency has assigned or loaned the computer;

      (c) The name of each person who will be authorized or required to perform the access;

      (d) The name of each person who will be allowed to examine information stored on the computer or retrieved from the computer; and

      (e) The name of each person who will be authorized or required to archive, maintain, store, transfer, transmit or destroy information retrieved from the computer.

Ê The log described in this subsection, and any entries in that log, are confidential and not public books or records within the meaning of NRS 239.010, but must be disclosed upon the lawful order of a court of competent jurisdiction.

      5.  If an employee discovers evidence of inappropriate use while accessing a computer to perform regular or routine maintenance:

      (a) The employee shall provide the details of the alleged inappropriate use to the officer, appointee or designee who authorized the access, and to any other appropriate personnel of the state agency; and

      (b) Information concerning the access must be recorded in the log maintained by the state agency.

      6.  Each state agency that has adopted a policy for the use of the computers of the state agency shall adopt policies and procedures for responding to reports of the inappropriate use of those computers, including, without limitation, provisions relating to the transfer, transmission and destruction of information.

      7.  As used in this section:

      (a) “Access” includes, without limitation, adding, copying, deleting, manipulating or observing the files or other information stored on a computer, whether such actions are carried out directly or remotely.

      (b) “Inappropriate use” means the use of a computer of a state agency in a manner that:

             (1) If the state agency is an agency of the Executive Branch of State Government, violates the written policy created by the agency pursuant to NRS 242.300.

             (2) If the state agency is an agency of the Legislative or Judicial Branch of State Government, violates the policy, if any, established by that agency for the use of the computers of the agency.

             (3) Violates any state or federal law.

      (c) “State agency” means an agency, bureau, board, commission, department, division or any other unit of the Executive, Legislative or Judicial Branches of State Government.

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ê2005 Statutes of Nevada, Page 673ê

 

CHAPTER 206, SB 384

Senate Bill No. 384–Committee on Legislative Operations and Elections

 

CHAPTER 206

 

AN ACT relating to public safety; creating the Nevada Highway Patrol Revolving Account; expanding the authority of certain personnel of the Department of Public Safety to exercise the powers of peace officers; requiring that certain fees be deposited for credit to the State Highway Fund instead of the Motor Vehicle Fund; and providing other matters properly relating thereto.

 

[Approved: May 31, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 289.270 is hereby amended to read as follows:

      289.270  1.  The following persons have the powers of a peace officer:

      (a) The Director of the Department of Public Safety.

      (b) The chiefs of the divisions of the Department of Public Safety.

      (c) The deputy directors of the Department of Public Safety employed pursuant to NRS 480.120.

      (d) The investigators and agents of the Investigation Division of the Department of Public Safety and any other officer or employee of that Division whose principal duty is to enforce one or more laws of this State, and any person promoted from such a duty to a supervisory position related to such a duty.

      (e) The personnel of the Capitol Police Division of the Department of Public Safety appointed pursuant to subsection 2 of NRS 331.140.

      [2.] (f) The personnel of the Nevada Highway Patrol [appointed pursuant to subsection 2 of NRS 480.330 have the powers of a peace officer specified in NRS 480.330 and 480.360.

      3.] whose principal duty is to enforce one or more laws of this State, and any person promoted from such a duty to a supervisory position related to such a duty.

      2.  Administrators and investigators of the Division of Compliance Enforcement of the Department of Motor Vehicles have the powers of a peace officer to enforce any law of the State of Nevada in carrying out their duties pursuant to NRS 481.048.

      [4.] 3.  Officers and investigators of the Section for the Control of Emissions From Vehicles and the Enforcement of Matters Related to the Use of Special Fuel of the Department of Motor Vehicles, appointed pursuant to NRS 481.0481, have the powers of peace officers in carrying out their duties under that section.

      [5.] 4.  Members of the State Disaster Identification Team of the Division of Emergency Management of the Department of Public Safety who are, pursuant to NRS 414.270, activated by the Chief of the Division to perform the duties of the State Disaster Identification Team have the powers of peace officers in carrying out those duties.

 


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ê2005 Statutes of Nevada, Page 674 (Chapter 206, SB 384)ê

 

      Sec. 2.  NRS 289.550 is hereby amended to read as follows:

      289.550  1.  Except as otherwise provided in subsection 2, a person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, must be certified by the Commission within 1 year after the date on which the person commences employment as a peace officer unless the Commission, for good cause shown, grants in writing an extension of time, which must not exceed 6 months, by which the person must become certified. A person who fails to become certified within the required time shall not exercise any of the powers of a peace officer after the time for becoming certified has expired.

      2.  The following persons are not required to be certified by the Commission:

      (a) The Chief Parole and Probation Officer;

      (b) The Director of the Department of Corrections;

      (c) The State Fire Marshal;

      (d) The Director of the Department of Public Safety, the deputy directors of the Department, the chiefs of the divisions of the Department other than the Investigation Division [,] and the Nevada Highway Patrol, and the members of the State Disaster Identification Team of the Division of Emergency Management of the Department;

      (e) The Commissioner of Insurance and his chief deputy;

      (f) Railroad policemen; and

      (g) California correctional officers.

      Sec. 3.  NRS 289.800 is hereby amended to read as follows:

      289.800  In addition to the compensation required by NRS 281.121, a state agency that employs a person:

      1.  Upon whom some or all of the powers of a peace officer are conferred pursuant to subsection 1 of NRS 289.180, subsection 1 of NRS 289.220 [or subsection 2 or 5] , paragraph (f) of subsection 1 of NRS 289.270 or subsection 4 of NRS 289.270; and

      2.  Who is required to purchase and wear his own uniform or other clothing, accessories or safety equipment while performing his duties for the State as a peace officer,

Ê may, after first obtaining the written approval of the Director of the Department of Administration, reimburse that person for the cost to repair or replace his required uniform or other clothing, accessories or safety equipment if it is damaged or destroyed, by means other than ordinary wear and tear, while he is performing his duties for the State as a peace officer.

      Sec. 4.  NRS 432B.610 is hereby amended to read as follows:

      432B.610  1.  The Peace Officers’ Standards and Training Commission shall:

      (a) Require each category I peace officer to complete a program of training for the detection and investigation of and response to cases of sexual abuse or sexual exploitation of children under the age of 18 years.

      (b) Not certify any person as a category I peace officer unless he has completed the program of training required pursuant to paragraph (a).

      (c) Establish a program to provide the training required pursuant to paragraph (a).

      (d) Adopt regulations necessary to carry out the provisions of this section.

      2.  As used in this section, “category I peace officer” means:

 


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ê2005 Statutes of Nevada, Page 675 (Chapter 206, SB 384)ê

 

      (a) Sheriffs of counties and of metropolitan police departments, their deputies and correctional officers;

      (b) Personnel of the Nevada Highway Patrol [appointed to exercise the police powers specified in NRS 480.330 and 480.360;] whose principal duty is to enforce one or more laws of this State, and any person promoted from such a duty to a supervisory position related to such a duty;

      (c) Marshals, policemen and correctional officers of cities and towns;

      (d) Members of the Police Department of the University and Community College System of Nevada;

      (e) Employees of the Division of State Parks of the State Department of Conservation and Natural Resources designated by the Administrator of the Division who exercise police powers specified in NRS 289.260;

      (f) The Chief, investigators and agents of the Investigation Division of the Department of Public Safety; and

      (g) The personnel of the Department of Wildlife who exercise those powers of enforcement conferred by title 45 and chapter 488 of NRS.

      Sec. 5.  NRS 439.255 is hereby amended to read as follows:

      439.255  1.  The State Board of Health shall adopt by regulation the types of portable manual masks and face shields that are approved by the Board to assist in the prevention of the spread of communicable diseases during the administration of cardiopulmonary resuscitation. An approved mask or face shield may not weigh more than 1 pound.

      2.  Except as otherwise provided in subsection 3, every employer shall, without charge to the peace officer or fireman, provide each peace officer, whether or not he is on duty, and each fireman who is on duty, whether paid or voluntary, with:

      (a) A portable manual mask and face shield approved by the Board; and

      (b) Initial training and instruction in the use of the equipment.

Ê The mask, shield and training must be provided not later than 30 days after the first day of employment. The employer shall provide refresher courses in the use of the equipment when necessary.

      3.  An employer may apply to the Health Division for a waiver of the requirements of subsection 2 with regard to each peace officer or fireman who, in the normal course of his employment, is not likely ever to administer cardiopulmonary resuscitation. The application must be in writing, specify the reasons why the employee is not likely in the normal course of his employment ever to administer cardiopulmonary resuscitation and be sworn to by the employer or his authorized representative. The Health Division shall grant or deny the waiver based on the information contained in the application.

      4.  A waiver granted pursuant to subsection 3 expires upon any change in the duties of the peace officer or fireman which make it likely that he will administer cardiopulmonary resuscitation at some time in the normal course of his employment. The date of the change in duties shall be deemed to be the first day of employment for purposes of subsection 2.

      5.  An injury or illness which results from the use of a mask or shield by a peace officer or fireman pursuant to subsection 2 may not be considered as negligence or as causation in any civil action brought against a peace officer or fireman or his employer.

      6.  As used in this section:

 


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ê2005 Statutes of Nevada, Page 676 (Chapter 206, SB 384)ê

 

      (a) “Employer” means any person who employs or provides equipment to a fireman or peace officer, including the State of Nevada and its political subdivisions.

      (b) “Peace officer” means:

             (1) Sheriffs of counties and of metropolitan police departments and their deputies;

             (2) Personnel of the Nevada Highway Patrol [when exercising the police powers specified in NRS 480.330 and 480.360;] whose principal duty is to enforce one or more laws of this State, and any person promoted from such a duty to a supervisory position related to such a duty; and

             (3) Marshals and policemen of cities and towns.

      Sec. 6.  Chapter 480 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Nevada Highway Patrol Revolving Account is hereby created as a special account in the State Highway Fund and must be used for making change in the main and branch offices of the Nevada Highway Patrol. The account must be administered by the Chief of the Highway Patrol. The State Board of Examiners shall determine the amount of money to be deposited in the Account, within the limits of money available for that purpose.

      Sec. 7.  NRS 480.340 is hereby amended to read as follows:

      480.340  1.  Except as otherwise provided in this section, the Chief of the Nevada Highway Patrol may enter into a contract with any person or governmental agency to provide services for the control of vehicular traffic related to or affected by any special event sponsored by the person or agency.

      2.  Any such contract:

      (a) Must require the sponsor of the special event to reimburse the Nevada Highway Patrol for the cost of the services provided.

      (b) May require the sponsor to furnish a bond to ensure that reimbursement is made.

      (c) Is subject to the following limitations:

             (1) The services provided pursuant to the contract must be provided by personnel of the Nevada Highway Patrol.

             (2) The services required must not impair the ability of the Nevada Highway Patrol to perform its customary duties.

      3.  Any money received by the Nevada Highway Patrol pursuant to such a contract must be deposited with the State Treasurer for credit to the [Motor Vehicle] State Highway Fund.

      4.  As used in this section, “special event” has the meaning ascribed to it in NRS 484.900.

      Sec. 8.  NRS 480.360 is hereby amended to read as follows:

      480.360  The duties of the personnel of the Nevada Highway Patrol [are:] include, without limitation:

      1.  To police the public highways of this State, to enforce and to aid in enforcing thereon all the traffic laws of the State of Nevada and to enforce all other laws of this State when:

      (a) In the apprehension or pursuit of an offender or suspected offender;

      (b) Making arrests for crimes committed in their presence or upon or adjacent to the highways of this State; or

      (c) Making arrests pursuant to a warrant in the officer’s possession or communicated to him.

 


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ê2005 Statutes of Nevada, Page 677 (Chapter 206, SB 384)ê

 

      2.  To investigate accidents on all primary and secondary highways within the State of Nevada resulting in personal injury, property damage or death, and to gather evidence to prosecute any person guilty of any violation of the law contributing to the happening of such an accident.

      3.  In conjunction with the Department of Motor Vehicles, to enforce the provisions of chapters 365, 366, 408, 482 to 486, inclusive, 487 and 706 of NRS.

      4.  To maintain the Central Repository for Nevada Records of Criminal History and to carry out the provisions of chapter 179A of NRS.

      5.  To enforce the provisions of laws and regulations relating to motor carriers, the safety of their vehicles and equipment, and their transportation of hazardous materials and other cargo.

      6.  To maintain the repository for information concerning hazardous materials in Nevada and to carry out its duties pursuant to chapter 459 of NRS concerning the transportation of hazardous materials.

      7.  To perform such other duties in connection with those specified in this section as may be imposed by the Director.

      Sec. 9.  NRS 484.1345 is hereby amended to read as follows:

      484.1345  “Regulatory agency” means any of the agencies granted police or enforcement powers under the provisions of subsection 2 of NRS 289.250, NRS 289.260, subsection [3] 2 of NRS 289.270, NRS 289.280, subsection 3 of NRS 289.290 or NRS 289.320, 289.340, 407.065, 472.040, 481.048, 501.349, 565.155 or 706.8821.

      Sec. 10.  NRS 484.579 is hereby amended to read as follows:

      484.579  1.  It is unlawful to operate or display a flashing amber warning light on a vehicle except when an unusual traffic hazard exists or as authorized in NRS 484.582. This subsection does not prohibit the use of amber lights in electric signals for making turns.

      2.  It is unlawful for any person to mount flashing amber warning lights permanently on a vehicle without a permit from the Nevada Highway Patrol.

      3.  The Nevada Highway Patrol, upon written application, shall issue a permit to mount a flashing amber light on:

      (a) Vehicles of public utilities.

      (b) Trucks for towing vehicles.

      (c) Vehicles engaged in activities which create a public hazard upon the streets or highways.

      (d) Vehicles of coroners and their deputies.

      (e) Vehicles of Civil Air Patrol rescue units.

      (f) Vehicles of authorized sheriffs’ jeep squadrons.

      (g) Vehicles which escort funeral processions.

      (h) Vehicles operated by vendors of food or beverages, as provided in NRS 484.582.

      4.  Those permits expire on June 30 of each calendar year.

      5.  The Nevada Highway Patrol shall charge and collect the following fees for the issuance of a permit for the mounting of a flashing amber light:

      (a) Permit for a single vehicle.......................................................................... $2

      (b) Blanket permit for more than 5 but less than 15 vehicles................... 12

      (c) Blanket permit for 15 vehicles or more................................................... 24

      6.  Subsections 1 and 2 do not apply to an agency of any state or political subdivision thereof, or to an agency of the Federal Government.

 


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ê2005 Statutes of Nevada, Page 678 (Chapter 206, SB 384)ê

 

      7.  All fees collected by the Nevada Highway Patrol pursuant to this section must be deposited with the State Treasurer for credit to the [Motor Vehicle] State Highway Fund.

      Sec. 11.  This act becomes effective on July 1, 2005.

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CHAPTER 207, SB 398

Senate Bill No. 398–Committee on Natural Resources

 

CHAPTER 207

 

AN ACT relating to taxation; delaying the prospective expiration of the exemption from the Local School Support Tax and certain analogous taxes for certain products and systems that use renewable energy; and providing other matters properly relating thereto.

 

[Approved: May 31, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 3 of Chapter 330, Statutes of Nevada 2001, as amended by Chapter 511, Statutes of Nevada 2003, at page 3496, is hereby amended to read as follows:

      Sec. 3.  1.  This section becomes effective on July 1, 2001.

      2.  Sections 1 and 2 of this act become effective on July 1, 2001, for the purpose of adopting regulations and on January 1, 2002, for all other purposes.

      3.  This act expires by limitation on [June 30,] December 31, 2005.

      Sec. 2.  Section 3 of Chapter 511, Statutes of Nevada 2003, at page 3496, is hereby amended to read as follows:

      Sec. 3.  1.  This section and section 2 of this act become effective upon passage and approval.

      2.  Section 1 of this act becomes effective on July 1, 2003, and expires by limitation on [June 30,] December 31, 2005.

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

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