Link to Page 1092

 

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

ê2005 Statutes of Nevada, Page 1093 (Chapter 318, SB 520)ê

 

filed with him and the proofs of claims must be open to the inspection of all interested persons, the period of inspection to be not less than 20 days. The notice shall be deemed an order of the State Engineer as to the matters contained therein.

      3.  A copy of the notice, together with a printed copy of the preliminary order of determination and a printed copy of the abstract of proofs, must be delivered by the State Engineer, or sent by registered or certified mail, at least 30 days before the first day of such period of inspection, to each person who has appeared and filed proof, as provided in this section.

      4.  The State Engineer shall be present at the time and place designated in the notice and allow, during that period, any persons interested to inspect such evidence and proof as have been filed with or taken by him in accordance with this chapter.

      Sec. 37.  NRS 533.160 is hereby amended to read as follows:

      533.160  1.  As soon as practicable after the hearing of objections to the preliminary order of determination, the State Engineer shall make and cause to be entered of record in his office an order of determination, defining the several rights to the waters of the stream or stream system. The order of determination, when filed with the clerk of the district court as provided in NRS 533.165, [shall have] has the legal effect of a complaint in a civil action.

      2.  The order of determination must be certified by the State Engineer [and] , who shall have printed as many copies of the order of determination as required . [printed in the State Printing Division of the Department of Administration.] A copy of the order of determination must be sent by registered or certified mail or delivered in person to each person who has filed proof of claim and to each person who has become interested through intervention or through filing of objections under the provisions of NRS 533.130 or 533.145.

      Sec. 38.  NRS 553.090 is hereby amended to read as follows:

      553.090  The Agricultural Extension Department of the Public Service Division of the University and Community College System of Nevada annually shall prepare the information resulting from the demonstration in a form serviceable to aid and advance agricultural welfare of the State. [A] The Agricultural Extension Department shall cause to be printed a number of copies thereof as may be deemed necessary, not exceeding 10,000, [must be printed by the State Printing Division of the Department Of Administration for free distribution.] and shall distribute the copies without charge.

      Sec. 39.  NRS 584.235 is hereby amended to read as follows:

      584.235  The Commission shall make uniform regulations for the proper enforcement of NRS 584.215 to 584.285, inclusive. The regulations must be printed [in the State Printing Division of the Department of Administration] and distributed by the Commission upon application therefor to licensed or other dairymen, creameries and other persons interested in them.

      Sec. 40.  NRS 597.850 is hereby amended to read as follows:

      597.850  1.  As used in this section and in NRS 597.860 and 597.870:

      (a) “Merchandise” means any personal property, capable of manual delivery, displayed, held or offered for sale by a merchant.

      (b) “Merchant” means an owner or operator, and the agent, consignee, employee, lessee, or officer of an owner or operator, of any merchant’s premises.

 


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

ê2005 Statutes of Nevada, Page 1094 (Chapter 318, SB 520)ê

 

      (c) “Premises” means any establishment or part thereof wherein merchandise is displayed, held or offered for sale.

      2.  Any merchant may request any person on his premises to place or keep in full view any merchandise the person may have removed, or which the merchant has reason to believe he may have removed, from its place of display or elsewhere, whether for examination, purchase or for any other purpose. No merchant is criminally or civilly liable on account of having made such a request.

      3.  Any merchant who has reason to believe that merchandise has been wrongfully taken by a person and that he can recover the merchandise by taking the person into custody and detaining him may, for the purpose of attempting to effect such recovery or for the purpose of informing a peace officer of the circumstances of such detention, take the person into custody and detain him, on the premises, in a reasonable manner and for a reasonable length of time. A merchant is presumed to have reason to believe that merchandise has been wrongfully taken by a person and that he can recover the merchandise by taking the person into custody and detaining him if the merchant observed the person concealing merchandise while on the premises. Such taking into custody and detention by a merchant does not render the merchant criminally or civilly liable for false arrest, false imprisonment, slander or unlawful detention unless the taking into custody and detention are unreasonable under all the circumstances.

      4.  No merchant is entitled to the immunity from liability provided for in this section unless there is displayed in a conspicuous place on his premises a notice in boldface type clearly legible and in substantially the following form:

 

      Any merchant or his agent who has reason to believe that merchandise has been wrongfully taken by a person may detain such person on the premises of the merchant for the purpose of recovering the property or notifying a peace officer. An adult or the parents or legal guardian of a minor, who steals merchandise is civilly liable for its value and additional damages. NRS 597.850, 597.860 and 597.870.

 

[The notice must be prepared and copies thereof supplied on demand by the Superintendent of the State Printing Division of the Department of Administration. The Superintendent may charge a fee based on the cost for each copy of the notice supplied to any person.]

      Sec. 41.  NRS 607.100 is hereby amended to read as follows:

      607.100  With the approval of the State Board of Examiners, the Labor Commissioner [is authorized to] may compile and issue such bulletins pertaining to labor and industries of the State as he may deem necessary. [When approved for printing and distribution, the bulletins must be printed by the State Printing Division of the Department of Administration.]

      Sec. 42.  NRS 2.390, 218.450, 220.140, 344.019, 344.023, 344.053, 344.055, 344.095, 344.120, 344.130, 344.140, 344.150, 344.160, 344.170, 344.180, 345.025, 360.110, 408.230, 607.090, 616A.415 and 703.200 are hereby repealed.

      Sec. 43.  On July 1, 2005:

 


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

ê2005 Statutes of Nevada, Page 1095 (Chapter 318, SB 520)ê

 

      1.  The State Controller shall transfer all money remaining in the State Printing Fund to the revolving account in the Legislative Fund created pursuant to NRS 344.090, as amended by this act.

      2.  All assets and liabilities of the State Printing Fund become the assets and liabilities of the revolving account.

      Sec. 44.  This act becomes effective upon passage and approval.

________

 

CHAPTER 319, AB 280

Assembly Bill No. 280–Assemblymen Giunchigliani, Conklin, Denis, Hogan, Horne, Koivisto and Ohrenschall

 

CHAPTER 319

 

AN ACT relating to higher education; requiring the Board of Regents of the University of Nevada to ensure that students enrolled in a program for the education of teachers are instructed in the academic standards required for high school pupils; requiring access to library facilities for students enrolled at an institution within the University and Community College System of Nevada; specifying that a student at a university or state college within the System completes a full course of study for the issuance of a diploma of graduation from the System if he satisfies the requirements for graduation and a degree as set forth in the catalog of the university or state college that is in effect at the time of enrollment or at the time of graduation, whichever the student elects; revising the terms of office of members of the Board of Regents; revising provisions regarding the degrees and transferability of credits earned within the System; and providing other matters properly relating thereto.

 

[Approved: June 8, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  The Legislature hereby encourages the Board of Regents to review periodically their mission for higher education, as the number of institutions within the System expands and the focus of each institution is defined and further redefined, to determine whether there is unnecessary duplication of programs or courses within the System which might be more appropriate for a different institution. The System is encouraged to review the core curriculum at each institution to determine whether there is parity among the institutions of the System.

      Sec. 3.  The Board of Regents shall, in cooperation with the State Board and the Council to Establish Academic Standards for Public Schools, ensure that students enrolled in a program developed by the System for the education of teachers are provided instruction regarding the standards of content and performance required of pupils enrolled in high schools in this State.

      Sec. 4.  (Deleted by amendment.)

 


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

ê2005 Statutes of Nevada, Page 1096 (Chapter 319, AB 280)ê

 

      Sec. 5.  A student who is enrolled in a university, state college or community college within the System must be granted access to all the library facilities that are available to students enrolled in any of the institutions within the System and must be adequately informed of the library services that are available.

      Sec. 6.  NRS 396.040 is hereby amended to read as follows:

      396.040  1.  The Board of Regents consists of 13 members elected by the registered voters within the districts described in NRS 396.0415 to 396.046, inclusive.

      2.  The members of the Board of Regents must be elected as follows:

      (a) At the general election in [2002,] 2008, and every [6] 4 years thereafter, one member of the Board of Regents must be elected from districts 2, 3, 5 and 10.

      (b) At the general election in [2004,] 2010, and every [6] 4 years thereafter, one member of the Board of Regents must be elected from districts 6, 7, 8, 11 and 13.

      (c) At the general election in 2006, and every [6] 4 years thereafter, one member of the Board of Regents must be elected from districts 1, 4, 9 and 12.

      3.  Each member of the Board of Regents must be a resident of the district from which he is elected.

      Sec. 7.  NRS 396.560 is hereby amended to read as follows:

      396.560  1.  Upon the recommendation of a president of a branch within the System, the Board of Regents shall issue to those who worthily complete the full course of study in the school of mines or in the school of agriculture, or in the school of liberal arts, or in any equivalent course that may hereafter be prescribed, a diploma of graduation, conferring the proper academic degree, from the System.

      2.  The Board of Regents shall not issue such a diploma to a [person] student who has not completed the full course of study as set forth in [subsection 1.] this section.

      3.  For the purposes of this section, a student at a university or state college within the System completes the full course of study for a diploma of graduation if, in accordance with the policy of the Board of Regents, he satisfies the requirements for graduation and a degree as set forth in the catalog of the university or state college that is in effect at the time the student:

      (a) First enrolls in the university or state college or is admitted to the academic program or department of the student’s major if the program or department has a formal process for admitting students to the program or department; or

      (b) Graduates,

Ê whichever the student elects. A student who changes his major must elect the catalog of the year of the latest change of the major or the year of graduation. A student may not elect a catalog that is more than 10 years old at the time of his graduation.

      Sec. 8.  NRS 396.568 is hereby amended to read as follows:

      396.568  [In accordance with the policy of the Board of Regents, all]

      1.  All credits earned by a student in a course at a community college within the System, including, without limitation, all credits earned in a course toward the award of an associate’s degree [, including, without limitation, a degree of associate in applied science, must be accepted and applied] must automatically transfer toward the course work required of the student in his major or minor, or other course work required of the student, for the award of a baccalaureate degree upon graduation of the student from any university or state college within the System .

 


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

ê2005 Statutes of Nevada, Page 1097 (Chapter 319, AB 280)ê

 

applied] must automatically transfer toward the course work required of the student in his major or minor, or other course work required of the student, for the award of a baccalaureate degree upon graduation of the student from any university or state college within the System . [if the catalog for the community college:

      1.  Designates the course as transferable by the System;

      2.  Identifies the course by the same title as the equivalent required course offered at a university or state college, as applicable; and

      3.  Contains the same description for the course as the equivalent required course offered at a university or state college, as applicable.]

      2.  Pursuant to the policy of the Board of Regents, a student who is awarded an associate’s degree:

      (a) Shall be deemed to have completed the course of study required of a sophomore.

      (b) If he enrolls in another institution within the System, must be enrolled as a junior.

      3.  All credits earned toward the completion of a degree of associate of arts, associate of science or associate of business must automatically transfer toward the course work required for the award of a baccalaureate degree upon the graduation of the student from any university or college within the System.

Ê If the transfer of credit pursuant to this section is denied and the student believes that the credit should be applied to his degree, he may appeal the decision. The appeal process must be made available to all students and may be posted on the website of the System.

      Sec. 9.  If section 6 of this act becomes effective, the members of the Board of Regents of the University of Nevada who are in office on July 1, 2005, shall serve out the term of office for which they were elected.

      Sec. 10.  If a committee related to higher education is created by the Legislature, that committee is encouraged to participate in any review conducted by the Board of Regents of the University of Nevada pursuant to section 2 of this act and to report back to the Legislature on the status of the review.

      Sec. 11.  1.  This section and sections 1 to 5, inclusive, 8, 9 and 10 of this act become effective upon passage and approval.

      2.  Section 7 of this act becomes effective on July 1, 2005.

      3.  Section 6 of this act becomes effective only if Assembly Joint Resolution No. 11 of the 72nd Session of the Nevada Legislature is not passed by the 73rd Session of the Nevada Legislature.

________

 

CHAPTER 320, AB 168

Assembly Bill No. 168–Assemblymen Denis, Smith, Hardy, Anderson, Atkinson, Buckley, Christensen, Gansert, Gerhardt, Giunchigliani, Goicoechea, Hogan, Horne, Kirkpatrick, Koivisto, Manendo, Marvel, McCleary, Munford, Oceguera, Parnell and Pierce

 

Joint Sponsors: Senators Titus, Carlton, Hardy, Heck and Lee

 

CHAPTER 320

 

AN ACT relating to education; revising provisions governing the review of applications to form charter schools submitted for sponsorship by the State Board of Education; requiring the Superintendent of Public Instruction to submit a report to the Legislature concerning the applications to form charter schools that were submitted during the preceding biennium; and providing other matters properly relating thereto.

 


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

ê2005 Statutes of Nevada, Page 1098 (Chapter 320, AB 168)ê

 

State Board of Education; requiring the Superintendent of Public Instruction to submit a report to the Legislature concerning the applications to form charter schools that were submitted during the preceding biennium; and providing other matters properly relating thereto.

 

[Approved: June 8, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 386.525 is hereby amended to read as follows:

      386.525  1.  Upon approval of an application by the Department, a committee to form a charter school may submit the application to the board of trustees of the school district in which the proposed charter school will be located. If applicable, a committee may submit an application directly to the Subcommittee on Charter Schools pursuant to subsection 4. If the board of trustees of a school district receives an application to form a charter school, it shall consider the application at a regularly scheduled meeting that must be held not later than 30 days after the receipt of the application, and ensure that notice of the meeting has been provided pursuant to chapter 241 of NRS. The board of trustees, the Subcommittee on Charter Schools or the State Board, as applicable, shall review an application to determine whether the application:

      (a) Complies with NRS 386.500 to 386.610, inclusive, and the regulations applicable to charter schools; and

      (b) Is complete in accordance with the regulations of the Department.

      2.  The Department shall assist the board of trustees of a school district in the review of an application. The board of trustees may approve an application if it satisfies the requirements of paragraphs (a) and (b) of subsection 1. The board of trustees shall provide written notice to the applicant of its approval or denial of the application.

      3.  If the board of trustees denies an application, it shall include in the written notice the reasons for the denial and the deficiencies in the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.

      4.  If the board of trustees denies an application after it has been resubmitted pursuant to subsection 3, the applicant may submit a written request for sponsorship by the State Board to the Subcommittee on Charter Schools created pursuant to NRS 386.507 not more than 30 days after receipt of the written notice of denial. If an applicant proposes to form a charter school exclusively for the enrollment of pupils who receive special education pursuant to NRS 388.440 to 388.520, inclusive, the applicant may submit the written request and application directly to the Subcommittee without first seeking approval from the board of trustees of a school district. Any request that is submitted pursuant to this subsection must be accompanied by the application to form the charter school.

      5.  If the Subcommittee receives a request pursuant to subsection 4, it shall hold a meeting to consider the request and the application. The meeting must be held not later than 30 days after receipt of the application. Notice of the meeting must be posted in accordance with chapter 241 of NRS. The Subcommittee shall review the application in accordance with the factors set forth in paragraphs (a) and (b) of subsection 1.

 


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

ê2005 Statutes of Nevada, Page 1099 (Chapter 320, AB 168)ê

 

Subcommittee shall review the application in accordance with the factors set forth in paragraphs (a) and (b) of subsection 1. The Subcommittee [shall] may approve an application if it satisfies the requirements of paragraphs (a) and (b) of subsection 1.

      6.  The Subcommittee shall transmit the application and the recommendation of the Subcommittee for approval or denial of the application to the State Board. Not more than 14 days after the date of the meeting of the Subcommittee pursuant to subsection 5, the State Board shall hold a meeting to consider the recommendation of the Subcommittee. Notice of the meeting must be posted in accordance with chapter 241 of NRS. The State Board shall review the application in accordance with the factors set forth in paragraphs (a) and (b) of subsection 1. The State Board [shall] may approve an application if it satisfies the requirements of paragraphs (a) and (b) of subsection 1. Not more than 30 days after the meeting, the State Board shall provide written notice of its determination to the applicant.

      7.  If the State Board denies an application, it shall include in the written notice the reasons for the denial and the deficiencies in the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.

      8.  If the State Board denies [the application,] an application after it has been resubmitted pursuant to subsection 7, the applicant may, not more than 30 days after the receipt of the written notice from the State Board, appeal the final determination to the district court of the county in which the proposed charter school will be located.

      9.  On or before January 1 of each odd-numbered year, the Superintendent of Public Instruction shall submit a written report to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature. The report must include:

      (a) A list of each application to form a charter school that was submitted to the board of trustees of a school district or the State Board during the immediately preceding biennium;

      (b) The educational focus of each charter school for which an application was submitted;

      (c) The current status of the application; and

      (d) If the application was denied, the reasons for the denial.

      Sec. 2.  Section 1 of this act applies to each application to form a charter school that is pending before the Subcommittee on Charter Schools or the State Board of Education on and after the effective date of this act, regardless of whether the application was submitted to the Subcommittee or State Board before the effective date of this act.

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

________

 

CHAPTER 321, SB 304

Senate Bill No. 304–Senator Beers

 

CHAPTER 321

 

AN ACT relating to personal identifying information; authorizing the Attorney General to issue identity theft passports to victims of identity theft; prescribing the manner in which victims of identity theft may use such passports; requiring the Attorney General to adopt regulations relating to the issuance of identity theft passports; authorizing the Attorney General to accept gifts, grants and donations to carry out the provisions relating to the issuance of identity theft passports; making an appropriation; and providing other matters properly relating thereto.

 


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

ê2005 Statutes of Nevada, Page 1100 (Chapter 321, SB 304)ê

 

theft may use such passports; requiring the Attorney General to adopt regulations relating to the issuance of identity theft passports; authorizing the Attorney General to accept gifts, grants and donations to carry out the provisions relating to the issuance of identity theft passports; making an appropriation; and providing other matters properly relating thereto.

 

[Approved: June 8, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 205 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person who is a victim of identity theft in this State and who has filed with a law enforcement agency a written report stating that the person is a victim of identity theft may apply for an identity theft passport through any law enforcement agency.

      2.  A law enforcement agency that receives an application for an identity theft passport shall submit the application and a copy of the written report described in subsection 1 to the Attorney General for processing for issuance of an identity theft passport.

      3.  The Attorney General, in cooperation with any law enforcement agency, may issue an identity theft passport to a person who is a victim of identity theft.

      4.  A person who is issued an identity theft passport pursuant to subsection 3 may present his identity theft passport to:

      (a) A law enforcement agency to help prevent the arrest or detention of the person for an offense committed by another person using his personal identifying information; or

      (b) A creditor to aid in the investigation of any fraudulent account that is opened in his name or any fraudulent charge that is made against an account in his name.

      5.  The law enforcement agency or creditor that is presented with an identity theft passport pursuant to subsection 4 has sole discretion to accept or reject such passport. In determining whether to accept or reject the identity theft passport, the law enforcement agency or creditor may consider the surrounding circumstances and available information regarding the identity theft of the person.

      6.  An application for an identity theft passport submitted pursuant to this section, including any supporting documentation, is not a public record and no part of it may be released except to a law enforcement agency in this or another state.

      7.  The Attorney General may adopt regulations necessary to carry out the provisions of this section.

      8.  The Attorney General may accept gifts, grants and donations from any source for the purpose of carrying out the provisions of this section.

      9.  As used in this section:

      (a) “Identity theft” means a violation of the provisions of NRS 205.463, 205.464 or 205.465.

      (b) “Identity theft passport” means a card or certificate issued by the Attorney General that identifies a person who has filed with a local or state law enforcement agency in the State of Nevada a signed written crime report that he is a victim of an alleged crime of identity theft and, except as otherwise provided in this section, must be given a reasonable opportunity to prove to a law enforcement agency, creditor or other lawfully interested person or governmental entity that he is the victim and not the perpetrator of any alleged crime, breach of contract or other wrongdoing normally associated with victims of the crime of identity theft.

 


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

ê2005 Statutes of Nevada, Page 1101 (Chapter 321, SB 304)ê

 

law enforcement agency in the State of Nevada a signed written crime report that he is a victim of an alleged crime of identity theft and, except as otherwise provided in this section, must be given a reasonable opportunity to prove to a law enforcement agency, creditor or other lawfully interested person or governmental entity that he is the victim and not the perpetrator of any alleged crime, breach of contract or other wrongdoing normally associated with victims of the crime of identity theft.

      Sec. 2.  NRS 205.461 is hereby amended to read as follows:

      205.461  As used in NRS 205.461 to 205.4657, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 205.4613 to 205.4627, inclusive, have the meanings ascribed to them in those sections.

      Sec. 3.  1.  There is hereby appropriated from the State General Fund to the Office of the Attorney General for expenses relating to the implementation of section 1 of this act:

For the Fiscal Year 2005-2006.................................................................... $24,156

For the Fiscal Year 2006-2007.................................................................... $11,554

      2.  The sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and must be reverted to the State General Fund on or before September 15, 2006, and September 21, 2007, respectively.

      Sec. 4.  1.  This section becomes effective upon passage and approval.

      2.  Sections 1 and 2 of this act become effective upon passage and approval for the purposes of adopting regulations and on January 1, 2006, for all other purposes.

      3.  Section 3 of this act becomes effective on July 1, 2005.

________

 

CHAPTER 322, AB 254

Assembly Bill No. 254–Assemblyman Claborn

 

CHAPTER 322

 

AN ACT relating to industrial insurance; increasing the maximum amount of certain fines and benefit penalties; expanding the list of prohibited acts for which a benefit penalty may be imposed; and providing other matters properly relating thereto.

 

[Approved: June 8, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 616A.070 is hereby amended to read as follows:

      616A.070  “Benefit penalty” means an additional amount of money that is payable to a claimant if the Administrator has determined that a violation of any of the provisions of paragraphs (a) to (e), inclusive, or (h) of subsection 1 of NRS 616D.120 has occurred.

      Sec. 2.  NRS 616D.120 is hereby amended to read as follows:

      616D.120  1.  Except as otherwise provided in this section, if the Administrator determines that an insurer, organization for managed care, health care provider, third-party administrator or employer has:

 


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

ê2005 Statutes of Nevada, Page 1102 (Chapter 322, AB 254)ê

 

      (a) Induced a claimant to fail to report an accidental injury or occupational disease;

      (b) Without justification, persuaded a claimant to:

             (1) Settle for an amount which is less than reasonable;

             (2) Settle for an amount which is less than reasonable while a hearing or an appeal is pending; or

             (3) Accept less than the compensation found to be due him by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the Division when carrying out its duties pursuant to chapters 616A to 617, inclusive, of NRS;

      (c) Refused to pay or unreasonably delayed payment to a claimant of compensation or other relief found to be due him by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the Division when carrying out its duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, if the refusal or delay occurs:

             (1) Later than 10 days after the date of the settlement agreement or stipulation;

             (2) Later than 30 days after the date of the decision of a court, hearing officer, appeals officer or the Division, unless a stay has been granted; or

             (3) Later than 10 days after a stay of the decision of a court, hearing officer, appeals officer or the Division has been lifted;

      (d) Refused to process a claim for compensation pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS;

      (e) Made it necessary for a claimant to initiate proceedings pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS for compensation or other relief found to be due him by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the Division when carrying out its duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS;

      (f) Failed to comply with the Division’s regulations covering the payment of an assessment relating to the funding of costs of administration of chapters 616A to 617, inclusive, of NRS;

      (g) Failed to provide or unreasonably delayed payment to an injured employee or reimbursement to an insurer pursuant to NRS 616C.165; or

      (h) Intentionally failed to comply with any provision of, or regulation adopted pursuant to, this chapter or chapter 616A, 616B, 616C or 617 of NRS,

Ê the Administrator shall impose an administrative fine of [$1,000] $1,500 for each initial violation, or a fine of [$10,000] $15,000 for a second or subsequent violation.

      2.  Except as otherwise provided in chapters 616A to 616D, inclusive, or chapter 617 of NRS, if the Administrator determines that an insurer, organization for managed care, health care provider, third-party administrator or employer has failed to comply with any provision of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto, the Administrator may take any of the following actions:

      (a) Issue a notice of correction for:

             (1) A minor violation, as defined by regulations adopted by the Division; or

 


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

ê2005 Statutes of Nevada, Page 1103 (Chapter 322, AB 254)ê

 

             (2) A violation involving the payment of compensation in an amount which is greater than that required by any provision of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto.

Ê The notice of correction must set forth with particularity the violation committed and the manner in which the violation may be corrected. The provisions of this section do not authorize the Administrator to modify or negate in any manner a determination or any portion of a determination made by a hearing officer, appeals officer or court of competent jurisdiction or a provision contained in a written settlement agreement or written stipulation.

      (b) Impose an administrative fine for:

             (1) A second or subsequent violation for which a notice of correction has been issued pursuant to paragraph (a); or

             (2) Any other violation of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto, for which a notice of correction may not be issued pursuant to paragraph (a).

Ê The fine imposed must not be greater than [$250] $375 for an initial violation, or more than [$1,000] $1,500 for any second or subsequent violation.

      (c) Order a plan of corrective action to be submitted to the Administrator within 30 days after the date of the order.

      3.  If the Administrator determines that a violation of any of the provisions of paragraphs (a) to (e), inclusive, or (h) of subsection 1 has occurred, the Administrator shall order the insurer, organization for managed care, health care provider, third-party administrator or employer to pay to the claimant a benefit penalty in an amount that is not less than $5,000 and not greater than [$25,000.] $37,500. To determine the amount of the benefit penalty, the Administrator shall consider the degree of physical harm suffered by the injured employee or his dependents as a result of the violation of paragraph (a), (b), (c), (d) , [or] (e) or (h) of subsection 1, the amount of compensation found to be due the claimant and the number of fines and benefit penalties previously imposed against the insurer, organization for managed care, health care provider, third-party administrator or employer pursuant to this section. If this is the third violation within 5 years for which a benefit penalty has been imposed against the insurer, organization for managed care, health care provider, third-party administrator or employer, the Administrator shall also consider the degree of economic harm suffered by the injured employee or his dependents as a result of the violation of paragraph (a), (b), (c), (d) , [or] (e) or (h) of subsection 1. Except as otherwise provided in this section, the benefit penalty is for the benefit of the claimant and must be paid directly to him within 10 days after the date of the Administrator’s determination. If the claimant is the injured employee and he dies before the benefit penalty is paid to him, the benefit penalty must be paid to his estate. Proof of the payment of the benefit penalty must be submitted to the Administrator within 10 days after the date of his determination unless an appeal is filed pursuant to NRS 616D.140. Any compensation to which the claimant may otherwise be entitled pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS must not be reduced by the amount of any benefit penalty received pursuant to this subsection.

      4.  In addition to any fine or benefit penalty imposed pursuant to this section, the Administrator may assess against an insurer who violates any regulation concerning the reporting of claims expenditures or premiums received that are used to calculate an assessment, an administrative penalty of up to twice the amount of any underpaid assessment.

 


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

ê2005 Statutes of Nevada, Page 1104 (Chapter 322, AB 254)ê

 

regulation concerning the reporting of claims expenditures or premiums received that are used to calculate an assessment, an administrative penalty of up to twice the amount of any underpaid assessment.

      5.  If:

      (a) The Administrator determines that a person has violated any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive; and

      (b) The Fraud Control Unit for Industrial Insurance of the Office of the Attorney General established pursuant to NRS 228.420 notifies the Administrator that the Unit will not prosecute the person for that violation,

Ê the Administrator shall impose an administrative fine of not more than [$10,000.] $15,000.

      6.  Two or more fines of $1,000 or more imposed in 1 year for acts enumerated in subsection 1 must be considered by the Commissioner as evidence for the withdrawal of:

      (a) A certificate to act as a self-insured employer.

      (b) A certificate to act as an association of self-insured public or private employers.

      (c) A certificate of registration as a third-party administrator.

      7.  The Commissioner may, without complying with the provisions of NRS 616B.327 or 616B.431, withdraw the certification of a self-insured employer, association of self-insured public or private employers or third-party administrator if, after a hearing, it is shown that the self-insured employer, association of self-insured public or private employers or third-party administrator violated any provision of subsection 1.

________

 

CHAPTER 323, AB 345

Assembly Bill No. 345–Assemblyman Perkins

 

CHAPTER 323

 

AN ACT relating to peace officers; repealing a provision concerning the retirement of inspectors of the State Department of Agriculture; expanding the membership of the Peace Officers’ Standards and Training Commission; and providing other matters properly relating thereto.

 

[Approved: June 8, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 289.290 is hereby amended to read as follows:

      289.290  1.  A person designated by the Director of the State Department of Agriculture as a field agent or an inspector pursuant to subsection 2 of NRS 561.225 has the powers of a peace officer to make investigations and arrests and to execute warrants of search and seizure, and may temporarily stop a vehicle in the enforcement of the provisions of titles 49 and 50 of NRS and chapters 581, 582, 583, 586, 587, 588 and 590 of NRS.

      2.  An officer appointed by the Nevada Junior Livestock Show Board pursuant to NRS 563.120 has the powers of a peace officer for the preservation of order and peace on the grounds and in the buildings and the approaches thereto of the livestock shows and exhibitions that the Board conducts.

 


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

ê2005 Statutes of Nevada, Page 1105 (Chapter 323, AB 345)ê

 

preservation of order and peace on the grounds and in the buildings and the approaches thereto of the livestock shows and exhibitions that the Board conducts.

      3.  In carrying out the provisions of chapter 565 of NRS, an inspector of the State Department of Agriculture has the powers of a peace officer to make investigations and arrests and to execute warrants of search and seizure. [The provisions of this subsection do not authorize any inspector to retire under the Public Employees’ Retirement System before having attained the minimum service age of 60 years.]

      Sec. 2.  NRS 289.500 is hereby amended to read as follows:

      289.500  1.  The Peace Officers’ Standards and Training Commission, consisting of [seven] nine members appointed by the Governor, is hereby created. The Governor shall appoint:

      (a) [One member] Two members from Clark County [;] , one of whom must be from a metropolitan police department created pursuant to chapter 280 of NRS if one exists in Clark County;

      (b) One member from Washoe County;

      (c) [Two] Three members from counties other than Clark and Washoe Counties;

      (d) One member from a state law enforcement agency that primarily employs peace officers required to receive training as category I peace officers;

      (e) One member who is a category II peace officer; and

      (f) One member who is a category III peace officer.

      2.  Members of the Commission serve terms of 2 years. Members serve without compensation, but are entitled to the per diem allowance and travel expenses provided by law for state officers and employees generally.

      3.  The Governor shall make the appointments to the Commission from recommendations submitted by Clark County, Washoe County, professional organizations of sheriffs and police chiefs of this State and employee organizations that represent only peace officers of this State who are certified by the Commission.

      Sec. 3.  Notwithstanding the provisions of subsection 2 of NRS 289.500, the Governor shall appoint the additional members added to the Peace Officers’ Standards and Training Commission pursuant to section 2 of this act to initial terms ending on July 1, 2006.

      Sec. 4.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 324, AB 267

Assembly Bill No. 267–Assemblymen Anderson, Parnell, Conklin, Allen, Angle, Gerhardt, Holcomb, Horne, Mortenson and Oceguera

 

CHAPTER 324

 

AN ACT relating to crimes; prohibiting the abuse, neglect, exploitation or isolation of a vulnerable person; requiring the report of the abuse, neglect, exploitation or isolation of a vulnerable person by certain persons; revising the provisions pertaining to the persons who are required to report the abuse, neglect, exploitation or isolation of an older person; providing penalties; and providing other matters properly relating thereto.

 

 


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

ê2005 Statutes of Nevada, Page 1106 (Chapter 324, AB 267)ê

 

[Approved: June 10, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 193.167 is hereby amended to read as follows:

      193.167  1.  Except as otherwise provided in NRS 193.169, any person who commits the crime of:

      (a) Murder;

      (b) Attempted murder;

      (c) Assault;

      (d) Battery;

      (e) Kidnapping;

      (f) Robbery;

      (g) Sexual assault;

      (h) Embezzlement of money or property of a value of $250 or more;

      (i) Obtaining money or property of a value of $250 or more by false pretenses; or

      (j) Taking money or property from the person of another,

Ê against any person who is 60 years of age or older or against a vulnerable person shall be punished by imprisonment in the county jail or state prison, whichever applies, for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this subsection must run consecutively with the sentence prescribed by statute for the crime.

      2.  Except as otherwise provided in NRS 193.169, any person who commits a criminal violation of the provisions of chapter 90 or 91 of NRS against any person who is 60 years of age or older or against a vulnerable person shall be punished by imprisonment in the county jail or state prison, whichever applies, for a term equal to and in addition to the term of imprisonment prescribed by statute for the criminal violation. The sentence prescribed by this subsection must run consecutively with the sentence prescribed by statute for the criminal violation.

      3.  This section does not create any separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

      4.  As used in this section, “vulnerable person” has the meaning ascribed to it in subsection 7 of NRS 200.5092.

      Sec. 2.  Chapter 200 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Any person who is described in subsection 3 and who, in his professional or occupational capacity, knows or has reasonable cause to believe that a vulnerable person has been abused, neglected, exploited or isolated shall:

      (a) Report the abuse, neglect, exploitation or isolation of the vulnerable person to a law enforcement agency;

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

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

 


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

ê2005 Statutes of Nevada, Page 1107 (Chapter 324, AB 267)ê

 

exploitation or isolation of the vulnerable person involves an act or omission of a law enforcement agency, the person shall make the report to a law enforcement agency other than the one alleged to have committed the act or omission.

      3.  A report must be made pursuant to subsection 1 by the following persons:

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

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

      (c) A coroner.

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

      (e) Any employee of the Department of Human Resources.

      (f) Any employee of a law enforcement agency or an adult or juvenile probation officer.

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

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

      (i) Every social worker.

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

      4.  A report may be made by any other person.

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

      6.  A law enforcement agency which receives a report pursuant to this section shall immediately initiate an investigation of the report.

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

      Sec. 3.  NRS 200.5091 is hereby amended to read as follows:

      200.5091  It is the policy of this State to provide for the cooperation of law enforcement officials, courts of competent jurisdiction and all appropriate state agencies providing human services in identifying the abuse, neglect, exploitation and isolation of older persons and vulnerable persons through the complete reporting of abuse, neglect, exploitation and isolation of older persons [.]

 


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

ê2005 Statutes of Nevada, Page 1108 (Chapter 324, AB 267)ê

 

neglect, exploitation and isolation of older persons and vulnerable persons through the complete reporting of abuse, neglect, exploitation and isolation of older persons [.] and vulnerable persons.

      Sec. 4.  NRS 200.5092 is hereby amended to read as follows:

      200.5092  As used in NRS 200.5091 to 200.50995, inclusive, and section 2 of this act unless the context otherwise requires:

      1.  “Abuse” means willful and unjustified:

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

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

      2.  “Exploitation” means any act taken by a person who has the trust and confidence of an older person or a vulnerable person or any use of the power of attorney or guardianship of an older person or a vulnerable person to:

      (a) Obtain control, through deception, intimidation or undue influence, over the older person’s or vulnerable person’s money, assets or property with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his money, assets or property; or

      (b) Convert money, assets or property of the older person or vulnerable person with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his money, assets or property.

Ê As used in this subsection, “undue influence” does not include the normal influence that one member of a family has over another.

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

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

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

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

      4.  “Neglect” means the failure of:

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

 


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

ê2005 Statutes of Nevada, Page 1109 (Chapter 324, AB 267)ê

 

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

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

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

      7.  “Vulnerable person” means a person 18 years of age or older who:

      (a) Suffers from a condition of physical or mental incapacitation because of a developmental disability, organic brain damage or mental illness; or

      (b) Has one or more physical or mental limitations that restrict the ability of the person to perform the normal activities of daily living.

      Sec. 5.  NRS 200.5093 is hereby amended to read as follows:

      200.5093  1.  Any person who is described in subsection 4 and who, in his professional or occupational capacity, knows or has reasonable cause to believe that an older person has been abused, neglected, exploited or isolated shall:

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

             (1) The local office of the Aging Services Division of the Department of Human Resources;

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

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

             (4) A toll-free telephone service designated by the Aging Services Division of the Department of Human Resources; and

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

      2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation or isolation of the older person involves an act or omission of the Aging Services Division, another division of the Department of Human Resources or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission.

      3.  Each agency, after reducing a report to writing, shall forward a copy of the report to the Aging Services Division of the Department of Human Resources.

      4.  A report must be made pursuant to subsection 1 by the following persons:

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

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

 


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

ê2005 Statutes of Nevada, Page 1110 (Chapter 324, AB 267)ê

 

notification of the suspected abuse, neglect, exploitation or isolation of an older person by a member of the staff of the hospital.

      (c) A coroner.

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

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

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

      (g)] (e) Any employee of the Department of Human Resources.

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

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

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

      [(k)] (i) Every social worker.

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

      5.  A report may be made by any other person.

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

      7.  A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the Aging Services Division of the Department of Human Resources, must be forwarded to the Aging Services Division within 90 days after the completion of the report.

      8.  If the investigation of a report results in the belief that an older person is abused, neglected, exploited or isolated, the Aging Services Division of the Department of Human Resources or the county’s office for protective services may provide protective services to the older person if he is able and willing to accept them.

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

      Sec. 6.  NRS 200.5094 is hereby amended to read as follows:

      200.5094  1.  A person may make a report pursuant to NRS 200.5093 or section 2 of this act by telephone or, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, by any other means of oral, written or electronic communication that a reasonable person would believe, under those facts and circumstances, is a reliable and swift means of communicating information to the person who receives the report.

 


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

ê2005 Statutes of Nevada, Page 1111 (Chapter 324, AB 267)ê

 

communication that a reasonable person would believe, under those facts and circumstances, is a reliable and swift means of communicating information to the person who receives the report. If the report is made orally, the person who receives the report must reduce it to writing as soon as reasonably practicable.

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

      (a) The name and address of the older person [;] or vulnerable person;

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

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

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

      (e) Any evidence of previous injuries; and

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

      Sec. 7.  NRS 200.5095 is hereby amended to read as follows:

      200.5095  1.  Reports made pursuant to NRS 200.5093 and 200.5094, and section 2 of this act, and records and investigations relating to those reports, are confidential.

      2.  A person, law enforcement agency or public or private agency, institution or facility who willfully releases data or information concerning the reports and investigation of the abuse, neglect, exploitation or isolation of older persons [,] or vulnerable persons, except:

      (a) Pursuant to a criminal prosecution;

      (b) Pursuant to NRS 200.50982; or

      (c) To persons or agencies enumerated in subsection 3 of this section,

Ê is guilty of a misdemeanor.

      3.  Except as otherwise provided in subsection 2 and NRS 200.50982, data or information concerning the reports and investigations of the abuse, neglect, exploitation or isolation of an older person or a vulnerable person is available only to:

      (a) A physician who is providing care to an older person or a vulnerable person who may have been abused, neglected, exploited or isolated;

      (b) An agency responsible for or authorized to undertake the care, treatment and supervision of the older person [;] or vulnerable person;

      (c) A district attorney or other law enforcement official who requires the information in connection with an investigation of the abuse, neglect, exploitation or isolation of the older person [;] or vulnerable person;

      (d) A court which has determined, in camera, that public disclosure of such information is necessary for the determination of an issue before it;

      (e) A person engaged in bona fide research, but the identity of the subjects of the report must remain confidential;

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

      (g) Any comparable authorized person or agency in another jurisdiction;

      (h) A legal guardian of the older person [,] or vulnerable person, if the identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation or isolation of the older person or vulnerable person to the public agency is protected, and the legal guardian of the older person or vulnerable person is not the person suspected of such abuse, neglect, exploitation or isolation;

 


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

ê2005 Statutes of Nevada, Page 1112 (Chapter 324, AB 267)ê

 

vulnerable person is not the person suspected of such abuse, neglect, exploitation or isolation;

      (i) If the older person or vulnerable person is deceased, the executor or administrator of his estate, if the identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation or isolation of the older person or vulnerable person to the public agency is protected, and the executor or administrator is not the person suspected of such abuse, neglect, exploitation or isolation; or

      (j) The older person or vulnerable person named in the report as allegedly being abused, neglected, exploited or isolated, if that person is not legally incompetent.

      4.  If the person who is reported to have abused, neglected, exploited or isolated an older person or a vulnerable person is the holder of a license or certificate issued pursuant to chapters 449, 630 to 641B, inclusive, or 654 of NRS, information contained in the report must be submitted to the board that issued the license.

      Sec. 8.  NRS 200.50955 is hereby amended to read as follows:

      200.50955  A law enforcement agency shall promptly seek to obtain a warrant for the arrest of any person the agency has probable cause to believe is criminally responsible for the abuse, neglect, exploitation or isolation of an older person [.] or a vulnerable person.

      Sec. 9.  NRS 200.5096 is hereby amended to read as follows:

      200.5096  Immunity from civil or criminal liability extends to every person who, pursuant to NRS 200.5091 to 200.50995, inclusive, and section 2 of this act, in good faith:

      1.  Participates in the making of a report;

      2.  Causes or conducts an investigation of alleged abuse, neglect, exploitation or isolation of an older person [;] or a vulnerable person; or

      3.  Submits information contained in a report to a licensing board pursuant to subsection 4 of NRS 200.5095.

      Sec. 10.  NRS 200.5097 is hereby amended to read as follows:

      200.5097  In any proceeding resulting from a report made or action taken pursuant to NRS 200.5091 to 200.50995, inclusive, and section 2 of this act, or in any other proceeding, the report or its contents or any other fact related thereto or to the condition of the older person or vulnerable person who is the subject of the report may not be excluded on the ground that the matter would otherwise be privileged against disclosure under chapter 49 of NRS.

      Sec. 11.  NRS 200.50982 is hereby amended to read as follows:

      200.50982  The provisions of NRS 200.5091 to 200.50995, inclusive, and section 2 of this act, do not prohibit an agency which is investigating a report of abuse, neglect, exploitation or isolation, or which provides protective services, from disclosing data or information concerning the reports and investigations of the abuse, neglect, exploitation or isolation of an older person or a vulnerable person to other federal, state or local agencies or the legal representatives of the older person or vulnerable person on whose behalf the investigation is being conducted if:

      1.  The agency making the disclosure determines that the disclosure is in the best interest of the older person [;] or vulnerable person; and

      2.  Proper safeguards are taken to ensure the confidentiality of the information.

 


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

ê2005 Statutes of Nevada, Page 1113 (Chapter 324, AB 267)ê

 

      Sec. 12.  NRS 200.5099 is hereby amended to read as follows:

      200.5099  1.  Except as otherwise provided in subsection 6, any person who abuses an older person or a vulnerable person is guilty:

      (a) For the first offense, of a gross misdemeanor; or

      (b) For any subsequent offense or if the person has been previously convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct, 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 6 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.

      2.  Except as otherwise provided in subsection 7, any person who has assumed responsibility, legally, voluntarily or pursuant to a contract, to care for an older person or a vulnerable person and who:

      (a) Neglects the older person [,] or vulnerable person, causing the older person or vulnerable person to suffer physical pain or mental suffering;

      (b) Permits or allows the older person or vulnerable person to suffer unjustifiable physical pain or mental suffering; or

      (c) Permits or allows the older person or vulnerable person to be placed in a situation where the older person or vulnerable person may suffer physical pain or mental suffering as the result of abuse or neglect,

Ê is guilty of a gross misdemeanor unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse or neglect.

      3.  Except as otherwise provided in subsection 4, any person who exploits an older person or a vulnerable person shall be punished, if the value of any money, assets and property obtained or used:

      (a) Is less than $250, for a misdemeanor by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $2,000, or by both fine and imprisonment;

      (b) Is at least $250, but less than $5,000, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment; or

      (c) Is $5,000 or more, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, or by a fine of not more than $25,000, or by both fine and imprisonment,

Ê unless a more severe penalty is prescribed by law for the act which brought about the exploitation. The monetary value of all of the money, assets and property of the older person or vulnerable person which have been obtained or used, or both, may be combined for the purpose of imposing punishment for an offense charged pursuant to this subsection.

      4.  If a person exploits an older person or a vulnerable person and the monetary value of any money, assets and property obtained cannot be determined, the person shall be punished for a gross misdemeanor by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $2,000, or by both fine and imprisonment.

      5.  Any person who isolates an older person or a vulnerable person is guilty:

      (a) For the first offense, of a gross misdemeanor; or

      (b) For any subsequent offense, 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 10 years, and may be further punished by a fine of not more than $5,000.

 


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

ê2005 Statutes of Nevada, Page 1114 (Chapter 324, AB 267)ê

 

than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $5,000.

      6.  A person who violates any provision of subsection 1, if substantial bodily or mental harm or death results to the older person [,] or vulnerable person, 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 20 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.

      7.  A person who violates any provision of subsection 2, if substantial bodily or mental harm or death results to the older person [,] or vulnerable person, shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 6 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse or neglect.

      8.  In addition to any other penalty imposed against a person for a violation of any provision of NRS 200.5091 to 200.50995, inclusive, the court shall order the person to pay restitution.

      9.  As used in this section:

      (a) “Allow” means to take no action to prevent or stop the abuse or neglect of an older person or a vulnerable person if the person knows or has reason to know that the older person or vulnerable person is being abused or neglected.

      (b) “Permit” means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care and custody of an older person [.] or a vulnerable person.

      (c) “Substantial mental harm” means an injury to the intellectual or psychological capacity or the emotional condition of an older person or a vulnerable person as evidenced by an observable and substantial impairment of the ability of the older person or vulnerable person to function within his normal range of performance or behavior.

      Sec. 13.  NRS 200.50995 is hereby amended to read as follows:

      200.50995  A person who conspires with another to commit abuse, exploitation or isolation of an older person or a vulnerable person as prohibited by NRS 200.5099 shall be punished:

      1.  For the first offense, for a gross misdemeanor.

      2.  For the second and all subsequent offenses, for a category C felony as provided in NRS 193.130.

Ê Each person found guilty of such a conspiracy is jointly and severally liable for the restitution ordered by the court pursuant to NRS 200.5099 with each other person found guilty of the conspiracy.

      Sec. 14.  NRS 207.014 is hereby amended to read as follows:

      207.014  1.  A person who:

      (a) Has been convicted in this State of any felony committed on or after July 1, 1995, of which fraud or intent to defraud is an element; and

      (b) Has previously been two times convicted, whether in this State or elsewhere, of any felony of which fraud or intent to defraud is an element before the commission of the felony under paragraph (a) of this subsection,

Ê is a habitually fraudulent felon and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of not more than 20 years, if the victim of each offense was an older person , [or] a mentally disabled person or a vulnerable person.

 


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

ê2005 Statutes of Nevada, Page 1115 (Chapter 324, AB 267)ê

 

      2.  The prosecuting attorney shall include a count under this section in any information or shall file a notice of habitually fraudulent felon if an indictment is found, if the prior convictions and the alleged offense committed by the accused are felonies of which fraud or intent to defraud is an element and the victim of each offense was:

      (a) An older person; [or]

      (b) A mentally disabled person [.] ; or

      (c) A vulnerable person.

      3.  The trial judge may not dismiss a count under this section that is included in an indictment or information.

      4.  As used in this section:

      (a) “Mentally disabled person” means a person who has a mental impairment which is medically documented and substantially limits one or more of the person’s major life activities. The term includes, but is not limited to, a person who:

             (1) Is mentally retarded;

             (2) Suffers from a severe mental or emotional illness;

             (3) Has a severe learning disability; or

             (4) Is experiencing a serious emotional crisis in his life as a result of the fact that he or a member of his immediate family has a catastrophic illness.

      (b) “Older person” means a person who is:

             (1) Sixty-five years of age or older if the crime was committed before October 1, 2003.

             (2) Sixty years of age or older if the crime was committed on or after October 1, 2003.

      (c) “Vulnerable person” has the meaning ascribed to it in subsection 7 of NRS 200.5092.

      Sec. 15.  NRS 49.2549 is hereby amended to read as follows:

      49.2549  There is no privilege pursuant to NRS 49.2547 if:

      1.  The purpose of the victim in seeking services from a victim’s advocate is to enable or aid any person to commit or plan to commit what the victim knows or reasonably should have known is a crime or fraud;

      2.  The communication concerns a report of abuse or neglect of a child , [or] older person or vulnerable person in violation of NRS 200.508 or 200.5093, or section 2 of this act, but only as to that portion of the communication;

      3.  The communication is relevant to an issue of breach of duty by the victim’s advocate to the victim or by the victim to the victim’s advocate; or

      4.  Disclosure of the communication is otherwise required by law.

      Sec. 16.  NRS 176.0913 is hereby amended to read as follows:

      176.0913  1.  If a defendant is convicted of an offense listed in subsection 4, the court, at sentencing, shall order that:

      (a) The name, social security number, date of birth and any other information identifying the defendant be submitted to the Central Repository for Nevada Records of Criminal History; and

      (b) A biological specimen be obtained from the defendant pursuant to the provisions of this section and that the specimen be used for an analysis to determine the genetic markers of the specimen.

      2.  If the defendant is committed to the custody of the Department of Corrections, the Department of Corrections shall arrange for the biological specimen to be obtained from the defendant. The Department of Corrections shall provide the specimen to the forensic laboratory that has been designated by the county in which the defendant was convicted to conduct or oversee genetic marker testing for the county pursuant to NRS 176.0917.

 


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

ê2005 Statutes of Nevada, Page 1116 (Chapter 324, AB 267)ê

 

shall provide the specimen to the forensic laboratory that has been designated by the county in which the defendant was convicted to conduct or oversee genetic marker testing for the county pursuant to NRS 176.0917.

      3.  If the defendant is not committed to the custody of the Department of Corrections, the Division shall arrange for the biological specimen to be obtained from the defendant. The Division shall provide the specimen to the forensic laboratory that has been designated by the county in which the defendant was convicted to conduct or oversee genetic marker testing for the county pursuant to NRS 176.0917. Any cost that is incurred to obtain a biological specimen from a defendant pursuant to this subsection is a charge against the county in which the defendant was convicted and must be paid as provided in NRS 176.0915.

      4.  Except as otherwise provided in subsection 5, the provisions of subsection 1 apply to a defendant who is convicted of:

      (a) A category A felony;

      (b) A category B felony;

      (c) A category C felony involving the use or threatened use of force or violence against the victim;

      (d) A crime against a child as defined in NRS 179D.210;

      (e) A sexual offense as defined in NRS 179D.410;

      (f) Abuse or neglect of an older person or a vulnerable person pursuant to NRS 200.5099;

      (g) A second or subsequent offense for stalking pursuant to NRS 200.575;

      (h) An attempt or conspiracy to commit an offense listed in paragraphs (a) to (g), inclusive;

      (i) Failing to register with a local law enforcement agency as a convicted person as required pursuant to NRS 179C.100, if the defendant previously was:

             (1) Convicted in this State of committing an offense listed in paragraph (a), (b), (c), (f), (g) or (h); or

             (2) Convicted in another jurisdiction of committing an offense that would constitute an offense listed in paragraph (a), (b), (c), (f), (g) or (h) if committed in this State;

      (j) Failing to register with a local law enforcement agency after being convicted of a crime against a child as required pursuant to NRS 179D.240; or

      (k) Failing to register with a local law enforcement agency after being convicted of a sexual offense as required pursuant to NRS 179D.450.

      5.  A court shall not order a biological specimen to be obtained from a defendant who has previously submitted such a specimen for conviction of a prior offense unless the court determines that an additional sample is necessary.

      Sec. 17.  NRS 388.880 is hereby amended to read as follows:

      388.880  1.  Except as otherwise provided in subsection 2, if any person who knows or has reasonable cause to believe that another person has made a threat of violence against a school official, school employee or pupil reports in good faith that threat of violence to a school official, teacher, school police officer, local law enforcement agency or potential victim of the violence that is threatened, the person who makes the report is immune from civil liability for any act or omission relating to that report. Such a person is not immune from civil liability for any other act or omission committed by the person as a part of, in connection with or as a principal, accessory or conspirator to the violence, regardless of the nature of the other act or omission.

 


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

ê2005 Statutes of Nevada, Page 1117 (Chapter 324, AB 267)ê

 

the person as a part of, in connection with or as a principal, accessory or conspirator to the violence, regardless of the nature of the other act or omission.

      2.  The provisions of this section do not apply to a person who:

      (a) Is acting in his professional or occupational capacity and is required to make a report pursuant to NRS 200.5093 or 432B.220 [.] and section 2 of this act.

      (b) Is required to make a report concerning the commission of a violent or sexual offense against a child pursuant to NRS 202.882.

      3.  As used in this section:

      (a) “Reasonable cause to believe” means, in light of all the surrounding facts and circumstances which are known, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.

      (b) “School employee” means a licensed or unlicensed person who is employed by:

             (1) A board of trustees of a school district pursuant to NRS 391.100; or

             (2) The governing body of a charter school.

      (c) “School official” means:

             (1) A member of the board of trustees of a school district.

             (2) A member of the governing body of a charter school.

             (3) An administrator employed by the board of trustees of a school district or the governing body of a charter school.

      (d) “Teacher” means a person employed by the:

             (1) Board of trustees of a school district to provide instruction or other educational services to pupils enrolled in public schools of the school district.

             (2) Governing body of a charter school to provide instruction or other educational services to pupils enrolled in the charter school.

      Sec. 18.  NRS 394.177 is hereby amended to read as follows:

      394.177  1.  Except as otherwise provided in subsection 2, if any person who knows or has reasonable cause to believe that another person has made a threat of violence against a school official, school employee or pupil reports in good faith that threat of violence to a school official, teacher, school police officer, local law enforcement agency or potential victim of the violence that is threatened, the person who makes the report is immune from civil liability for any act or omission relating to that report. Such a person is not immune from civil liability for any other act or omission committed by the person as a part of, in connection with or as a principal, accessory or conspirator to the violence, regardless of the nature of the other act or omission.

      2.  The provisions of this section do not apply to a person who:

      (a) Is acting in his professional or occupational capacity and is required to make a report pursuant to NRS 200.5093 or 432B.220 [.] and section 2 of this act.

      (b) Is required to make a report concerning the commission of a violent or sexual offense against a child pursuant to NRS 202.882.

      3.  As used in this section:

      (a) “Reasonable cause to believe” means, in light of all the surrounding facts and circumstances which are known, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.

 


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

ê2005 Statutes of Nevada, Page 1118 (Chapter 324, AB 267)ê

 

believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.

      (b) “School employee” means a licensed or unlicensed person, other than a school official, who is employed by a private school.

      (c) “School official” means:

             (1) An owner of a private school.

             (2) A director of a private school.

             (3) A supervisor at a private school.

             (4) An administrator at a private school.

      (d) “Teacher” means a person employed by a private school to provide instruction and other educational services to pupils enrolled in the private school.

      Sec. 19.  NRS 640B.700 is hereby amended to read as follows:

      640B.700  1.  The Board may refuse to issue a license to an applicant, or may take disciplinary action against a licensee, if, after notice and a hearing, the Board determines that the applicant or licensee:

      (a) Has submitted false or misleading information to the Board or any agency of this State, any other state, the Federal Government or the District of Columbia;

      (b) Has violated any provision of this chapter or any regulation adopted pursuant thereto;

      (c) Has been convicted of a felony, a crime relating to a controlled substance or a crime involving moral turpitude;

      (d) Is addicted to alcohol or any controlled substance;

      (e) Has violated the provisions of NRS 200.5093 or 432B.220 [;] or section 2 of this act;

      (f) Is guilty of gross negligence in his practice as an athletic trainer;

      (g) Is not competent to engage in the practice of athletic training;

      (h) Has failed to provide information requested by the Board within 60 days after he received the request;

      (i) Has engaged in unethical or unprofessional conduct as it relates to the practice of athletic training;

      (j) Has been disciplined in another state, a territory or possession of the United States, or the District of Columbia for conduct that would be a violation of the provisions of this chapter or any regulations adopted pursuant thereto if the conduct were committed in this State;

      (k) Has solicited or received compensation for services that he did not provide;

      (l) If the licensee is on probation, has violated the terms of his probation; or

      (m) Has terminated his professional services to a client in a manner that detrimentally affected that client.

      2.  The Board may, if it determines that an applicant for a license or a licensee has committed any of the acts set forth in subsection 1, after notice and a hearing:

      (a) Refuse to issue a license to the applicant;

      (b) Refuse to renew or restore the license of the licensee;

      (c) Suspend or revoke the license of the licensee;

      (d) Place the licensee on probation;

      (e) Impose an administrative fine of not more than $5,000;

      (f) Require the applicant or licensee to pay the costs incurred by the Board to conduct the investigation and hearing; or

 


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

ê2005 Statutes of Nevada, Page 1119 (Chapter 324, AB 267)ê

 

      (g) Impose any combination of actions set forth in paragraphs (a) to (f), inclusive.

________

 

CHAPTER 325, AB 250

Assembly Bill No. 250–Assemblyman Arberry Jr. (by request)

 

CHAPTER 325

 

AN ACT relating to massage therapy; creating the Board of Massage Therapists; prescribing the powers and duties of the Board; providing for its membership; prohibiting a person from engaging in the practice of massage therapy unless he is issued a license by the Board; prescribing the requirements for the issuance or renewal of a license; setting forth the grounds for disciplinary action against a massage therapist; providing the actions the Board may take against a person who commits certain acts; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 10, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Title 54 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 34, inclusive, of this act.

      Sec. 2.  The Legislature finds and declares that:

      1.  The practice of massage therapy by persons who do not possess sufficient knowledge of anatomy and physiology or an understanding of the relationship between the structure and function of the tissues being treated and the total function of the body may endanger the health, welfare and safety of the residents of this State.

      2.  To protect the residents of this State, it is necessary to license and regulate the practice of massage therapy.

      Sec. 3.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 to 7, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4.  “Board” means the Board of Massage Therapists.

      Sec. 5.  “License” means a license issued by the Board.

      Sec. 6.  “Massage therapist” means a person who is licensed pursuant to the provisions of this chapter to engage in the practice of massage therapy.

      Sec. 7.  1.  “Massage therapy” means the application of a system of pressure to the muscular structure and soft tissues of the human body for therapeutic purposes, including, without limitation:

      (a) Effleurage;

      (b) Petrissage;

      (c) Tapotement;

      (d) Compressions;

      (e) Vibration;

      (f) Friction; and

 


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

ê2005 Statutes of Nevada, Page 1120 (Chapter 325, AB 250)ê

 

      (g) Movements applied manually with or without superficial heat, cold, water or lubricants for the purpose of maintaining good health and establishing and maintaining good physical condition.

      2.  The term does not include:

      (a) Diagnosis, adjustment, mobilization or manipulation of any articulations of the body or spine; or

      (b) Reflexology.

      Sec. 8.  1.  The provisions of this chapter do not apply to:

      (a) A person licensed pursuant to chapter 630, 630A, 631, 632, 633, 634, 634A, 635, 640, 640A or 640B of NRS if the massage therapy is performed in the course of the practice for which the person is licensed.

      (b) A person licensed as a barber or apprentice pursuant to chapter 643 of NRS if the person is massaging, cleansing or stimulating the scalp, face, neck or skin within the permissible scope of practice for a barber or apprentice pursuant to that chapter.

      (c) A person licensed or registered as an aesthetician, cosmetologist or cosmetologist’s apprentice pursuant to chapter 644 of NRS if the person is massaging, cleansing or stimulating the scalp, face, neck or skin within the permissible scope of practice for an aesthetician, cosmetologist or cosmetologist’s apprentice pursuant to that chapter.

      (d) A person who is an employee of an athletic department of any high school, college or university in this State and who, within the scope of that employment, practices massage therapy on athletes.

      (e) Students enrolled in a school of massage therapy recognized by the Board.

      (f) A person who practices massage therapy solely on members of his immediate family.

      (g) A person who performs any activity in a licensed brothel.

      2.  Except as otherwise provided in subsection 3, the provisions of this chapter preempt the licensure and regulation of a massage therapist by a county, city or town, including, without limitation, conducting a criminal background investigation and examination of a massage therapist or applicant for a license to practice massage therapy.

      3.  The provisions of this chapter do not prohibit a county, city or town from requiring a massage therapist to obtain a license or permit to transact business within the jurisdiction of the county, city or town, if the license or permit is required of other persons, regardless of occupation or profession, who transact business within the jurisdiction of the county, city or town.

      4.  As used in this section, “immediate family” means persons who are related by blood, adoption or marriage, within the second degree of consanguinity or affinity.

      Sec. 9.  1.  The Board of Massage Therapists is hereby created. The Board consists of seven members appointed pursuant to this section and one nonvoting advisory member appointed pursuant to section 10 of this act.

      2.  The Governor shall appoint to the Board seven members as follows:

      (a) Six members who:

             (1) Are licensed to practice massage therapy in this State; and

             (2) Have engaged in the practice of massage therapy for the 2 years immediately preceding their appointment.

 


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

ê2005 Statutes of Nevada, Page 1121 (Chapter 325, AB 250)ê

 

Ê Of the six members appointed pursuant to this paragraph, three members must be residents of Clark County, two members must be residents of Washoe County and one member must be a resident of a county other than Clark County or Washoe County.

      (b) One member who is a member of the general public. This member must not be:

             (1) A massage therapist; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a massage therapist.

      3.  The Governor may, in making his appointments to the Board pursuant to paragraph (a) of subsection 2, consider for appointment to the Board a person recommended to him by any person or group.

      4.  The members who are appointed to the Board pursuant to paragraph (a) of subsection 2 must continue to practice massage therapy in this State while they are members of the Board.

      5.  After the initial terms, the term of each member of the Board is 4 years. A member may continue in office until the appointment of a successor.

      6.  A member of the Board may not serve more than two consecutive terms. A former member of the Board is eligible for reappointment to the Board if that person has not served on the Board during the 4 years immediately preceding the reappointment.

      7.  A vacancy must be filled by appointment for the unexpired term in the same manner as the original appointment.

      8.  The Governor may remove any member of the Board for incompetence, neglect of duty, moral turpitude or misfeasance, malfeasance or nonfeasance in office.

      Sec. 10.  1.  The Governor shall appoint to the Board one nonvoting advisory member.

      2.  The advisory member must be a person who:

      (a) Is a resident of Clark County;

      (b) Has been certified by the Peace Officers’ Standards and Training Commission created pursuant to NRS 289.500; and

      (c) Is actively serving or has retired from service as a police officer with the Las Vegas Metropolitan Police Department.

      3.  The advisory member is subject to the provisions of section 9 of this act with regard to his terms, reappointment, vacancy and removal.

      4.  The advisory member:

      (a) Serves solely as an advisor to the Board.

      (b) May be designated by the Board to assist in any investigation conducted pursuant to this chapter.

      (c) May not be counted in determining a quorum of the Board.

      (d) May not vote on any matter before the Board.

      5.  The advisory member:

      (a) Serves without salary or compensation.

      (b) Is entitled to receive the per diem allowance and travel expenses provided for in section 15.6 of this act.

      6.  If the advisory member is actively serving as a police officer, the advisory member must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the Board and perform any work that is necessary to carry out his duties with the Board in the most timely manner practicable.

 


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

ê2005 Statutes of Nevada, Page 1122 (Chapter 325, AB 250)ê

 

with the Board in the most timely manner practicable. The advisory member’s employer shall not require the advisory member to:

      (a) Make up the time he is absent from work to carry out his duties with the Board; or

      (b) Take annual leave or compensatory time for the absence.

      7.  Notwithstanding any other provision of law, the advisory member:

      (a) Is not disqualified from public employment or holding a public office because of his membership on the Board; and

      (b) Does not forfeit his public office or public employment because of his membership on the Board.

      Sec. 11.  1.  At the first meeting of each fiscal year, the members of the Board shall elect a Chairman, Vice Chairman and Secretary-Treasurer from among the members.

      2.  The Board shall meet at least quarterly and may meet at other times at the call of the Chairman or upon the written request of a majority of the members of the Board.

      3.  The Board shall alternate the location of its meetings between the southern district of Nevada and the northern district of Nevada. For the purposes of this subsection:

      (a) The southern district of Nevada consists of all that portion of the State lying within the boundaries of the counties of Clark, Esmeralda, Lincoln and Nye.

      (b) The northern district of Nevada consists of all that portion of the State lying within the boundaries of Carson City and the counties of Churchill, Douglas, Elko, Eureka, Humboldt, Lander, Lyon, Mineral, Pershing, Storey, Washoe and White Pine.

      4.  A meeting of the Board may be conducted telephonically or by videoconferencing. A meeting conducted telephonically or by videoconferencing must meet the requirements of chapter 241 of NRS and any other applicable provisions of law.

      5.  Four members of the Board constitute a quorum for the purposes of transacting the business of the Board, including, without limitation, issuing, renewing, suspending, revoking or reinstating a license issued pursuant to this chapter.

      Sec. 12.  The Board shall:

      1.  Adopt a seal of which each court in this State shall take judicial notice;

      2.  Prepare and maintain a record of its proceedings and transactions;

      3.  Review and evaluate applications for the licensing of massage therapists;

      4.  Determine the qualifications and fitness of applicants;

      5.  Issue, renew, reinstate, revoke, suspend and deny licenses, as appropriate;

      6.  Enforce the provisions of this chapter and any regulations adopted pursuant thereto;

      7.  Investigate any complaints filed with the Board;

      8.  Impose any penalties it determines are required to administer the provisions of this chapter; and

      9.  Transact any other business required to carry out its duties.

      Sec. 13.  1.  The Board shall prepare and maintain a separate list of:

      (a) Persons issued a license;

      (b) Applicants for a license; and

 


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

ê2005 Statutes of Nevada, Page 1123 (Chapter 325, AB 250)ê

 

      (c) Persons whose licenses have been revoked or suspended by the Board.

      2.  The Board shall, upon request, disclose the information included in each list and may charge a fee for a copy of the list. The fee may not exceed the actual cost incurred by the Board to make a copy of the list.

      Sec. 14.  The Board shall adopt regulations to carry out the provisions of this chapter. The regulations must include, without limitation, provisions that:

      1.  Establish the requirements for continuing education for the renewal of a license;

      2.  Establish the requirements for the approval of a course of continuing education, including, without limitation, a course on a specialty technique of massage therapy;

      3.  Establish the requirements for the approval of an instructor of a course of continuing education;

      4.  Establish requirements relating to sanitation, hygiene and safety relating to the practice of massage therapy;

      5.  Prescribe the requirements for any practical, oral or written examination for a license that the Board may require, including, without limitation, the passing grade for such an examination; and

      6.  Establish the period within which the Board or its designee must report the results of the investigation of an applicant.

      Sec. 15.  1.  The Attorney General and his deputies are hereby designated as the attorneys for the Board.

      2.  The provisions of this section do not prevent the Board from employing or retaining other attorneys as it may deem necessary to carry out the provisions of this chapter.

      Sec. 15.2.  1.  The Board shall employ a person as the Executive Director of the Board.

      2.  The Executive Director serves as the chief administrative officer of the Board at a level of compensation set by the Board.

      3.  The Executive Director is an at-will employee who serves at the pleasure of the Board.

      Sec. 15.4.  1.  The Board may employ or contract with inspectors, investigators, advisers, examiners and clerks and any other persons required to carry out its duties and secure the services of attorneys and other professional consultants as it may deem necessary to carry out the provisions of this chapter.

      2.  Each employee of the Board is an at-will employee who serves at the pleasure of the Board. The Board may discharge an employee of the Board for any reason that does not violate public policy, including, without limitation, making a false representation to the Board.

      Sec. 15.6.  Except as otherwise provided in section 10 of this act, while engaged in the business of the Board:

      1.  Each member of the Board is entitled to receive a salary of not more than $80 per day, as established by the Board; and

      2.  Each member and employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for officers and employees of this State generally.

      Sec. 15.8.  The Board and any of its members and its staff and employees, including, without limitation, inspectors, investigators, advisers, examiners, clerks, counsel, experts, committees, panels, hearing officers and consultants, are immune from civil liability for any act performed in good faith and without malicious intent in the execution of any duties pursuant to this chapter.

 


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

ê2005 Statutes of Nevada, Page 1124 (Chapter 325, AB 250)ê

 

examiners, clerks, counsel, experts, committees, panels, hearing officers and consultants, are immune from civil liability for any act performed in good faith and without malicious intent in the execution of any duties pursuant to this chapter.

      Sec. 16.  The Board shall adopt a fiscal year beginning on July 1 and ending on June 30.

      Sec. 17.  1.  Except as otherwise provided in subsection 5, all reasonable expenses incurred by the Board in carrying out the provisions of this chapter must be paid from the money that it receives. No part of any expenses of the Board may be paid from the State General Fund.

      2.  The Board may accept gifts, grants, donations and contributions from any source to assist in carrying out the provisions of this chapter.

      3.  All money received by the Board must be deposited in a bank or other financial institution in this State and paid out upon the Board’s order for its expenses.

      4.  The Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines and penalties therefor, and deposit the money therefrom in a bank or other financial institution in this State.

      5.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 4 and the Board deposits the money collected from the imposition of fines with the State Treasurer for credit to the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is required to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 18.  1.  If a person is not licensed to practice massage therapy pursuant to this chapter, the person shall not:

      (a) Engage in the practice of massage therapy; or

      (b) Use in connection with his name the words or letters “L.M.T.,” “licensed massage therapist,” “licensed massage technician,” “M.T.,” “massage technician” or “massage therapist,” or any other letters, words or insignia indicating or implying that he is licensed to practice massage therapy, or in any other way, orally, or in writing or print, or by sign, directly or by implication, use the word “massage” or represent himself as licensed or qualified to engage in the practice of massage therapy.

      2.  If a person’s license to practice massage therapy pursuant to this chapter has expired or has been suspended or revoked by the Board, the person shall not:

      (a) Engage in the practice of massage therapy; or

      (b) Use in connection with his name the words or letters “L.M.T.,” “licensed massage therapist,” “licensed massage technician,” “M.T.,” “massage technician” or “massage therapist,” or any other letters, words or insignia indicating or implying that he is licensed to practice massage therapy, or in any other way, orally, or in writing or print, or by sign, directly or by implication, use the word “massage” or represent himself as licensed or qualified to engage in the practice of massage therapy.

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

      Sec. 18.5.  1.  If the Board determines that a person has violated or is about to violate any provision of this chapter, the Board may bring an action in a court of competent jurisdiction to enjoin the person from engaging in or continuing the violation.

 


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

ê2005 Statutes of Nevada, Page 1125 (Chapter 325, AB 250)ê

 

      2.  An injunction:

      (a) May be issued without proof of actual damage sustained by any person.

      (b) Does not prohibit the criminal prosecution and punishment of the person who commits the violation.

      Sec. 19.  1.  The Board may issue a license to practice massage therapy.

      2.  An applicant for a license must:

      (a) Be at least 18 years of age;

      (b) Submit to the Board:

             (1) A completed application on a form prescribed by the Board;

             (2) The fees prescribed by the Board pursuant to section 25 of this act;

             (3) Proof that he has successfully completed a program of massage therapy recognized by the Board;

             (4) A certified statement issued by the licensing authority in each state, territory or possession of the United States or the District of Columbia in which the applicant is or has been licensed to practice massage therapy verifying that:

                   (I) The applicant has not been involved in any disciplinary action relating to his license to practice massage therapy; and

                   (II) Disciplinary proceedings relating to his license to practice massage therapy are not pending;

             (5) Except as otherwise provided in section 21 of this act, a complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

             (6) The names and addresses of five natural persons not related to the applicant and not business associates of the applicant who are willing to serve as character references;

             (7) A statement authorizing the Board or its designee to conduct an investigation to determine the accuracy of any statements set forth in the application; and

             (8) If required by the Board, a financial questionnaire; and

      (c) In addition to any examination required pursuant to section 14 of this act and except as otherwise provided in subsection 3, pass a written examination administered by any board that is accredited by the National Commission for Certifying Agencies, or its successor organization, to examine massage therapists.

      3.  If the Board determines that the examinations being administered pursuant to paragraph (c) of subsection 2 are inadequately testing the knowledge and competency of applicants, the Board shall prepare or cause to be prepared its own written examination to test the knowledge and competency of applicants. Such an examination must be offered not less than four times each year. The location of the examination must alternate between Clark County and Washoe County. Upon request, the Board must provide a list of approved interpreters at the location of the examination to interpret the examination for an applicant who, as determined by the Board, requires an interpreter for the examination.

      4.  The Board shall recognize a program of massage therapy that is:

      (a) Approved by the Commission on Postsecondary Education; or

 


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

ê2005 Statutes of Nevada, Page 1126 (Chapter 325, AB 250)ê

 

      (b) Offered by a public college in this State or any other state.

Ê The Board may recognize other programs of massage therapy.

      5.  The Board or its designee shall:

      (a) Conduct an investigation to determine:

             (1) The reputation and character of the applicant;

             (2) The existence and contents of any record of arrests or convictions of the applicant;

             (3) The existence and nature of any pending litigation involving the applicant that would affect his suitability for licensure; and

             (4) The accuracy and completeness of any information submitted to the Board by the applicant;

      (b) If the Board determines that it is unable to conduct a complete investigation, require the applicant to submit a financial questionnaire and investigate the financial background and each source of funding of the applicant;

      (c) Report the results of the investigation of the applicant within the period the Board establishes by regulation pursuant to section 14 of this act; and

      (d) Maintain the results of the investigation in a confidential manner for use by the Board and its members and employees in carrying out their duties pursuant to this chapter. The provisions of this paragraph do not prohibit the Board or its members or employees from communicating or cooperating with or providing any documents or other information to any other licensing board or any other federal, state or local agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 20.  1.  The Board may issue a temporary license to practice massage therapy.

      2.  An applicant for a temporary license issued pursuant to this section must:

      (a) Be at least 18 years of age; and

      (b) Submit to the Board:

             (1) A completed application on a form prescribed by the Board;

             (2) The fees prescribed by the Board pursuant to section 25 of this act;

             (3) Proof that he has successfully completed a program of massage therapy recognized by the Board pursuant to section 19 of this act;

             (4) Proof that he:

                   (I) Has taken the examination required pursuant to section 19 of this act; or

                   (II) Is scheduled to take such an examination within 90 days after the date of application;

             (5) An affidavit indicating that he has not committed any of the offenses for which the Board may refuse to issue a license pursuant to section 29 of this act;

             (6) A certified statement issued by the licensing authority in each state, territory or possession of the United States or the District of Columbia in which the applicant is or has been licensed to practice massage therapy verifying that:

                   (I) The applicant has not been involved in any disciplinary action relating to his license to practice massage therapy; and

 


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

ê2005 Statutes of Nevada, Page 1127 (Chapter 325, AB 250)ê

 

                   (II) Disciplinary proceedings relating to his license to practice massage therapy are not pending; and

             (7) Except as otherwise provided in section 21 of this act, a complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      3.  A temporary license issued pursuant to this section expires 90 days after the date the Board issues the temporary license. The Board shall not renew the temporary license.

      4.  A person who holds a temporary license:

      (a) May practice massage therapy only under the supervision of a fully licensed massage therapist and only in accordance with the provisions of this chapter and the regulations of the Board;

      (b) Must comply with any other conditions, limitations and requirements imposed on the temporary license by the Board;

      (c) Is subject to the regulatory and disciplinary authority of the Board to the same extent as a fully licensed massage therapist; and

      (d) Remains subject to the regulatory and disciplinary authority of the Board after the expiration of the temporary license for all acts relating to the practice of massage therapy which occurred during the period of temporary licensure.

      5.  As used in this section, “fully licensed massage therapist” means a person who holds a license to practice massage therapy issued pursuant to section 19 or 24 of this act.

      Sec. 21.  1.  The Board of Massage Therapists and the State Board of Cosmetology shall, to the extent practicable, reduce duplication in the licensing procedure for a qualified applicant who is applying to the Board of Massage Therapists for a license to practice pursuant to this chapter and who is also applying to the State Board of Cosmetology for a license to practice pursuant to chapter 644 of NRS, if both applications are filed not more than 60 days apart.

      2.  If a qualified applicant submits an application to the State Board of Cosmetology for a license to practice pursuant to chapter 644 of NRS and, not later than 60 days after that application, the applicant also submits an application to the Board of Massage Therapists for a license to practice pursuant to this chapter:

      (a) The applicant is not required to submit a set of fingerprints to the Board of Massage Therapists if the applicant submitted a set of fingerprints with his application to the State Board of Cosmetology;

      (b) The Board of Massage Therapists shall request from the State Board of Cosmetology a copy of any reports relating to a background investigation of the applicant;

      (c) Upon receiving such a request, the State Board of Cosmetology shall provide to the Board of Massage Therapists any reports relating to a background investigation of the applicant; and

      (d) The Board of Massage Therapists shall use the reports provided by the State Board of Cosmetology in reviewing the application for a license to practice pursuant to this chapter, except that the Board of Massage Therapists may conduct its own background investigation of the applicant if the Board of Massage Therapists deems it to be necessary.

 


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

ê2005 Statutes of Nevada, Page 1128 (Chapter 325, AB 250)ê

 

      Sec. 22.  1.  In addition to the any other requirements set forth in this chapter:

      (a) An applicant for the issuance of a license as a massage therapist shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license as a massage therapist shall submit to the Board the statement prescribed by the Welfare Division of the Department of Human Resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Board shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

      (b) A separate form prescribed by the Board.

      3.  A license as a massage therapist may not be issued or renewed by the Board if the applicant:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 23.  1.  If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license, the Board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Board shall reinstate a license that has been suspended by a district court pursuant to NRS 425.540 if:

      (a) The Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560; and

      (b) The licensee pays the fee for reinstatement of the license prescribed by the Board pursuant to section 25 of this act.

      Sec. 24.  1.  Notwithstanding the provisions of section 19 of this act and except as otherwise provided in subsection 3, the Board may issue a license to an applicant who holds a current license to practice massage therapy issued by another state, territory or possession of the United States or the District of Columbia.

 


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

ê2005 Statutes of Nevada, Page 1129 (Chapter 325, AB 250)ê

 

therapy issued by another state, territory or possession of the United States or the District of Columbia.

      2.  An applicant for a license issued by the Board pursuant to subsection 1 must submit to the Board:

      (a) A completed application on a form prescribed by the Board;

      (b) The fees prescribed by the Board pursuant to section 25 of this act;

      (c) A notarized statement signed by the applicant that states:

             (1) Whether any disciplinary proceedings relating to his license to practice massage therapy have at any time been instituted against him; and

             (2) Whether he has been arrested or convicted, within the immediately preceding 10 years, for any crime involving violence, prostitution or any other sexual offense; and

      (d) A certified statement issued by the licensing authority in each state, territory or possession of the United States or the District of Columbia in which the applicant is or has been licensed to practice massage therapy during the immediately preceding 10 years verifying that:

             (1) The applicant has not been involved in any disciplinary action relating to his license to practice massage therapy; and

             (2) Disciplinary proceedings relating to his license to practice massage therapy are not pending.

      3.  The Board shall not issue a license pursuant to this section unless the state, territory or possession of the United States or the District of Columbia in which the applicant is licensed had requirements at the time the license was issued that the Board determines are substantially equivalent to the requirements for a license to practice massage therapy set forth in this chapter.

      Sec. 25.  1.  The Board shall establish a schedule of fees and charges. The fees for the following items must not exceed the following amounts:

 

An examination established by the Board pursuant to this chapter $600

An application for a license................................................................... 300

An application for a license without an examination...................... 300

A background check of an applicant................................................... 600

The issuance of a license........................................................................ 400

The renewal of a license......................................................................... 200

The restoration of an expired license.................................................. 500

The reinstatement of a suspended or revoked license...................... 500

The issuance of a duplicate license........................................................ 75

The restoration of an inactive license.................................................. 300

 

      2.  The total fees collected by the Board pursuant to this section must not exceed the amount of money necessary for the operation of the Board and for the maintenance of an adequate reserve.

      Sec. 26.  Each licensee shall display his license in a conspicuous manner at each location where he practices massage therapy.

      Sec. 27.  1.  Each license expires on the last day of the month in which it was issued in the next succeeding calendar year and may be renewed if, before the license expires, the holder of the license submits to the Board:

 


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

ê2005 Statutes of Nevada, Page 1130 (Chapter 325, AB 250)ê

 

      (a) A completed application for renewal on a form prescribed by the Board;

      (b) Proof of his completion of the requirements for continuing education prescribed by the Board pursuant to the regulations adopted by the Board under section 14 of this act; and

      (c) The fee for renewal of the license prescribed by the Board pursuant to section 25 of this act.

      2.  A license that expires pursuant to this section may be restored if the applicant:

      (a) Complies with the provisions of subsection 1; and

      (b) Submits to the Board the fees prescribed by the Board pursuant to section 25 of this act:

             (1) For the restoration of an expired license; and

             (2) For each year that the license was expired, for the renewal of a license.

      3.  The Board shall send a notice of renewal to each holder of a license not later than 60 days before his license expires. The notice must include a statement setting forth the provisions of this section and the amount of the fee for renewal of the license.

      Sec. 28.  1.  Upon written request to the Board, a holder of a license in good standing may cause his name and license to be transferred to an inactive list. The holder of the license may not practice massage therapy during the time the license is inactive, and no renewal fee accrues.

      2.  If an inactive holder of a license desires to resume the practice of massage therapy, the Board shall renew the license upon:

      (a) Demonstration, if deemed necessary by the Board, that the holder of the license is then qualified and competent to practice;

      (b) Completion and submission of an application; and

      (c) Payment of the current fee for renewal of the license.

      Sec. 29.  The Board may refuse to issue a license to an applicant, or may initiate disciplinary action against a holder of a license, if the applicant or holder of the license:

      1.  Has submitted false, fraudulent or misleading information to the Board or any agency of this State, any other state, a territory or possession of the United States, the District of Columbia or the Federal Government;

      2.  Has violated any provision of this chapter or any regulation adopted pursuant thereto;

      3.  Has been convicted of a crime involving violence, prostitution or any other sexual offense, a crime involving any type of larceny, a crime relating to a controlled substance, a crime involving any federal or state law or regulation relating to massage therapy or a substantially similar business, or a crime involving moral turpitude within the immediately preceding 10 years.

      4.  Has engaged in or solicited sexual activity during the course of practicing massage on a person, with or without the consent of the person, including, without limitation, if the applicant or holder of the license:

      (a) Made sexual advances toward the person;

      (b) Requested sexual favors from the person; or

      (c) Massaged, touched or applied any instrument to the breasts of the person, unless the person has signed a written consent form provided by the Board;

 


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

ê2005 Statutes of Nevada, Page 1131 (Chapter 325, AB 250)ê

 

      5.  Has habitually abused alcohol or is addicted to a controlled substance;

      6.  Is, in the judgment of the Board, guilty of gross negligence in his practice of massage therapy;

      7.  Is determined by the Board to be professionally incompetent to engage in the practice of massage therapy;

      8.  Has failed to provide information requested by the Board within 60 days after he received the request;

      9.  Has, in the judgment of the Board, engaged in unethical or unprofessional conduct as it relates to the practice of massage therapy;

      10.  Has been disciplined in another state, a territory or possession of the United States or the District of Columbia for conduct that would be a violation of the provisions of this chapter or any regulations adopted pursuant thereto if the conduct were committed in this State;

      11.  Has solicited or received compensation for services relating to the practice of massage therapy that he did not provide;

      12.  If the holder of the license is on probation, has violated the terms of his probation; or

      13.  Has engaged in false, deceptive or misleading advertising, including, without limitation, falsely, deceptively or misleadingly advertising that he has received training in a specialty technique of massage for which he has not received training, practicing massage therapy under an assumed name and impersonating a licensed massage therapist.

      Sec. 30.  1.  If any member of the Board or the Executive Director becomes aware of any ground for initiating disciplinary action against a holder of a license, the member or Executive Director shall file a written complaint with the Board.

      2.  The complaint must specifically:

      (a) Set forth the relevant facts; and

      (b) Charge one or more grounds for initiating disciplinary action.

      3.  As soon as practicable after the filing of the complaint, an investigation of the complaint must be conducted to determine whether the allegations in the complaint merit the initiation of disciplinary proceedings against the holder of the license.

      Sec. 31.  1.  If, after notice and a hearing as required by law, the Board finds one or more grounds for taking disciplinary action, the Board may:

      (a) Place the applicant or holder of the license on probation for a specified period or until further order of the Board;

      (b) Administer to the applicant or holder of the license a public reprimand;

      (c) Refuse to issue, renew, reinstate or restore the license;

      (d) Suspend or revoke the license;

      (e) Impose an administrative fine of not more than $1,000 per day for each day for which the Board determines that a violation occurred;

      (f) Require the applicant or holder of the license to pay the costs incurred by the Board to conduct the investigation and hearing; or

      (g) Impose any combination of actions set forth in paragraphs (a) to (f), inclusive.

      2.  The order of the Board may contain such other terms, provisions or conditions as the Board deems appropriate.

 


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

ê2005 Statutes of Nevada, Page 1132 (Chapter 325, AB 250)ê

 

      3.  The order of the Board and the findings of fact and conclusions of law supporting that order are public records.

      4.  The Board shall not issue a private reprimand.

      Sec. 32.  Notwithstanding any other statute to the contrary:

      1.  If the Board finds that immediate action is necessary to protect the health, safety or welfare of the public, the Board may, upon providing notice to the massage therapist, temporarily suspend his license for a period not to exceed 30 days. For good cause, the Board may extend the period of the temporary suspension if the Board deems such action to be necessary to protect the health, safety or welfare of the public pending proceedings for disciplinary action. In any such case, a hearing must be held and a final decision rendered regarding whether to extend the period of the temporary suspension not later than 30 days after the date on which the Board notifies the massage therapist of the temporary suspension.

      2.  If a massage therapist is charged with or cited for a crime involving violence, prostitution or any other sexual offense, the appropriate law enforcement agency shall report the charge or citation to the Executive Director. Upon receiving such a report, the Executive Director shall immediately issue a cease and desist order temporarily suspending the license of the massage therapist. The temporary suspension of the license is effective immediately upon issuance of the cease and desist order and must not exceed 15 days. For good cause, the Board may extend the period of the temporary suspension if the Board deems such action to be necessary to protect the health, safety or welfare of the public pending proceedings for disciplinary action. In any such case, a hearing must be held and a final decision rendered regarding whether to extend the period of the temporary suspension not later than 15 days after the date on which the Executive Director issues the cease and desist order.

      3.  If the Board or the Executive Director issues an order temporarily suspending the license of a massage therapist pending proceedings for disciplinary action, a court shall not stay that order.

      Sec. 33.  1.  The Board may conduct investigations and hold hearings to carry out its duties pursuant to this chapter.

      2.  In such a hearing:

      (a) Any member of the Board may administer oaths and examine witnesses; and

      (b) The Board or any member thereof may issue subpoenas to compel the attendance of witnesses and the production of books and papers.

      3.  Each witness who is subpoenaed to appear before the Board is entitled to receive for his attendance the same fees and mileage allowed by law for a witness in a civil case. The amount must be paid by the party who requested the subpoena. If any witness who has not been required to attend at the request of any party is subpoenaed by the Board, his fees and mileage must be paid by the Board from money available for that purpose.

      4.  If any person fails to comply with the subpoena within 10 days after it is issued, the Chairman of the Board may petition a court of competent jurisdiction for an order of the court compelling compliance with the subpoena.

      5.  Upon the filing of such a petition, the court shall enter an order directing the person subpoenaed to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and to show cause why he has not complied with the subpoena.

 


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

ê2005 Statutes of Nevada, Page 1133 (Chapter 325, AB 250)ê

 

complied with the subpoena. A certified copy of the order must be served upon the person subpoenaed.

      6.  If it appears to the court that the subpoena was regularly issued by the Board, the court shall enter an order compelling compliance with the subpoena. The failure of the person to comply with the order is a contempt of the court that issued the order.

      Sec. 34.  1.  Except as otherwise provided in this section, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The charging documents filed with the Board to initiate disciplinary action and all documents and information considered by the Board when determining whether to impose discipline are public records.

      3.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other federal, state or local agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 34.5.  Chapter 644 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The State Board of Cosmetology and the Board of Massage Therapists shall, to the extent practicable, reduce duplication in the licensing procedure for a qualified applicant who is applying to the State Board of Cosmetology for a license to practice pursuant to this chapter and who is also applying to the Board of Massage Therapists for a license to practice pursuant to sections 2 to 34, inclusive, of this act, if both applications are filed not more than 60 days apart.

      2.  If a qualified applicant submits an application to the Board of Massage Therapists for a license to practice pursuant to sections 2 to 34, inclusive, of this act and, not later than 60 days after that application, the applicant also submits an application to the State Board of Cosmetology for a license to practice pursuant to this chapter:

      (a) The applicant is not required to submit a set of fingerprints to the State Board of Cosmetology if the applicant submitted a set of fingerprints with his application to the Board of Massage Therapists;

      (b) The State Board of Cosmetology shall request from the Board of Massage Therapists a copy of any reports relating to a background investigation of the applicant;

      (c) Upon receiving such a request, the Board of Massage Therapists shall provide to the State Board of Cosmetology any reports relating to a background investigation of the applicant; and

      (d) The State Board of Cosmetology shall use the reports provided by the Board of Massage Therapists in reviewing the application for a license to practice pursuant to this chapter.

      Sec. 35.  NRS 218.825 is hereby amended to read as follows:

      218.825  1.  Except as otherwise provided in subsection 2, each board created by the provisions of NRS 590.485 and chapters 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 654 and 656 of NRS [and NRS 590.485,] and sections 2 to 34, inclusive, of this act shall:

 


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

ê2005 Statutes of Nevada, Page 1134 (Chapter 325, AB 250)ê

 

      (a) If the revenue of the board from all sources is less than $50,000 for any fiscal year, prepare a balance sheet for that fiscal year on the form provided by the Legislative Auditor and file the balance sheet with the Legislative Auditor and the Chief of the Budget Division of the Department of Administration on or before December 1 following the end of that fiscal year. The Legislative Auditor shall prepare and make available a form that must be used by a board to prepare such a balance sheet.

      (b) If the revenue of the board from all sources is $50,000 or more for any fiscal year, engage the services of a certified public accountant or public accountant, or firm of either of such accountants, to audit all its fiscal records for that fiscal year and file a report of the audit with the Legislative Auditor and the Chief of the Budget Division of the Department of Administration on or before December 1 following the end of that fiscal year.

      2.  In lieu of preparing a balance sheet or having an audit conducted for a single fiscal year, a board may engage the services of a certified public accountant or public accountant, or firm of either of such accountants, to audit all its fiscal records for a period covering 2 successive fiscal years. If such an audit is conducted, the board shall file the report of the audit with the Legislative Auditor and the Chief of the Budget Division of the Department of Administration on or before December 1 following the end of the second fiscal year.

      3.  The cost of each audit conducted pursuant to subsection 1 or 2 must be paid by the board that is audited. Each such audit must be conducted in accordance with generally accepted auditing standards , and all financial statements must be prepared in accordance with generally accepted principles of accounting for special revenue funds.

      4.  Whether or not a board is required to have its fiscal records audited pursuant to subsection 1 or 2, the Legislative Auditor shall audit the fiscal records of any such board whenever directed to do so by the Legislative Commission. When the Legislative Commission directs such an audit, the Legislative Commission shall also determine who is to pay the cost of the audit.

      5.  A person who is a state officer or employee of a board is guilty of nonfeasance if the person:

      (a) Is responsible for preparing a balance sheet or having an audit conducted pursuant to this section or is responsible for preparing or maintaining the fiscal records that are necessary to prepare a balance sheet or have an audit conducted pursuant to this section; and

      (b) Knowingly fails to prepare the balance sheet or have the audit conducted pursuant to this section or knowingly fails to prepare or maintain the fiscal records that are necessary to prepare a balance sheet or have an audit conducted pursuant to this section.

      6.  In addition to any other remedy or penalty, a person who is guilty of nonfeasance pursuant to this section forfeits his state office or employment and may not be appointed to a state office or position of state employment for a period of 2 years following the forfeiture. The provisions of this subsection do not apply to a state officer who may be removed from office only by impeachment pursuant to Article 7 of the Nevada Constitution.

      Sec. 36.  NRS 244.335 is hereby amended to read as follows:

      244.335  1.  Except as otherwise provided in subsection 2, the board of county commissioners may:

 


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

ê2005 Statutes of Nevada, Page 1135 (Chapter 325, AB 250)ê

 

      (a) Except as otherwise provided in NRS 598D.150 [,] and section 8 of this act, regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in its county outside of the limits of incorporated cities and towns.

      (b) Except as otherwise provided in NRS 244.3359 and 576.128, fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.

      2.  The county license boards have the exclusive power in their respective counties to regulate entertainers employed by an entertainment by referral service and the business of conducting a dancing hall, escort service, entertainment by referral service or gambling game or device permitted by law, outside of an incorporated city. The county license boards may fix, impose and collect license taxes for revenue or for regulation, or for both revenue and regulation, on such employment and businesses.

      3.  No license to engage in any type of business may be granted unless the applicant for the license signs an affidavit affirming that the business has complied with the provisions of NRS 360.780. The county license board shall provide upon request an application for a business license pursuant to NRS 360.780.

      4.  No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:

      (a) The Department of Taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or

      (b) Another regulatory agency of the State has issued or will issue a license required for this activity.

      5.  Any license tax levied for the purposes of NRS 244.3358 or 244A.597 to 244A.655, inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien has the same priority as a lien for general taxes. The lien must be enforced in the following manner:

      (a) By recording in the office of the county recorder, within 6 months after the date on which the tax became delinquent or was otherwise determined to be due and owing, a notice of the tax lien containing the following:

             (1) The amount of tax due and the appropriate year;

             (2) The name of the record owner of the property;

             (3) A description of the property sufficient for identification; and

             (4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and

      (b) By an action for foreclosure against the property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.

      6.  The board of county commissioners may delegate the authority to enforce liens from taxes levied for the purposes of NRS 244A.597 to 244A.655, inclusive, to the county fair and recreation board. If the authority is so delegated, the board of county commissioners shall revoke or suspend the license of a business upon certification by the county fair and recreation board that the license tax has become delinquent, and shall not reinstate the license until the tax is paid. Except as otherwise provided in NRS 244.3357, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of such license taxes or as the result of any audit or examination of the books by any authorized employee of a county fair and recreation board of the county for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, officer or employee of the county fair and recreation board or the county imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board.

 


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

ê2005 Statutes of Nevada, Page 1136 (Chapter 325, AB 250)ê

 

all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of such license taxes or as the result of any audit or examination of the books by any authorized employee of a county fair and recreation board of the county for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, officer or employee of the county fair and recreation board or the county imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the Department of Taxation for the exchange of information concerning taxpayers.

      Sec. 37.  NRS 266.355 is hereby amended to read as follows:

      266.355  1.  Except as otherwise provided in subsection 3, the city council may:

      (a) Except as otherwise provided in NRS 598D.150 [,] and section 8 of this act, regulate all businesses, trades and professions.

      (b) Except as otherwise provided in NRS 576.128, fix, impose and collect a license tax for revenue upon all businesses, trades and professions.

      2.  The city council may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.

      3.  The city council may license insurance agents, brokers, analysts, adjusters and managing general agents within the limitations and under the conditions prescribed in NRS 680B.020.

      Sec. 38.  NRS 269.170 is hereby amended to read as follows:

      269.170  1.  Except as otherwise provided in NRS 576.128 and 598D.150, and section 8 of this act, the town board or board of county commissioners may in any unincorporated town:

      (a) Fix and collect a license tax on, and regulate, having due regard to the amount of business done by each person so licensed, and all places of business and amusement so licensed, as follows:

             (1) Artisans, artists, assayers, auctioneers, bakers, banks and bankers, barbers, boilermakers, cellars and places where soft drinks are kept or sold, clothes cleaners, foundries, laundries, lumberyards, manufacturers of soap, soda, borax or glue, markets, newspaper publishers, pawnbrokers, funeral directors and wood and coal dealers.

             (2) Bootmakers, cobblers, dressmakers, milliners, shoemakers and tailors.

             (3) Boardinghouses, hotels, lodginghouses, restaurants and refreshment saloons.

             (4) Barrooms, gaming, manufacturers of liquors and other beverages, and saloons.

             (5) Billiard tables, bowling alleys, caravans, circuses, concerts and other exhibitions, dance houses, melodeons, menageries, shooting galleries, skating rinks and theaters.

             (6) Corrals, hay yards, livery and sale stables and wagon yards.

             (7) Electric light companies, illuminating gas companies, power companies, telegraph companies, telephone companies and water companies.

             (8) Carts, drays, express companies, freight companies, job wagons, omnibuses and stages.

 


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

ê2005 Statutes of Nevada, Page 1137 (Chapter 325, AB 250)ê

 

             (9) Brokers, commission merchants, factors, general agents, mercantile agents, merchants, traders and stockbrokers.

             (10) Drummers, hawkers, peddlers and solicitors.

             (11) Insurance agents, brokers, analysts, adjusters and managing general agents within the limitations and under the conditions prescribed in NRS 680B.020.

      (b) Fix and collect a license tax upon all professions, trades or business within the town not specified in paragraph (a).

      2.  No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:

      (a) The Department of Taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or

      (b) Another regulatory agency of the State has issued or will issue a license required for this activity.

      3.  Any license tax levied for the purposes of NRS 244A.597 to 244A.655, inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien must be enforced in the same manner as liens for ad valorem taxes on real and personal property. The town board or other governing body of the unincorporated town may delegate the power to enforce such liens to the county fair and recreation board.

      4.  The governing body or the county fair and recreation board may agree with the Department of Taxation for the continuing exchange of information concerning taxpayers.

      Sec. 39.  NRS 284.013 is hereby amended to read as follows:

      284.013  1.  Except as otherwise provided in subsection 4, this chapter does not apply to:

      (a) Agencies, bureaus, commissions, officers or personnel in the Legislative Department or the Judicial Department of State Government, including the Commission on Judicial Discipline;

      (b) Any person who is employed by a board, commission, committee or council created in chapters 590, 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 652, 654 and 656 of NRS [;] and sections 2 to 34, inclusive, of this act; or

      (c) Officers or employees of any agency of the Executive Department of the State Government who are exempted by specific statute.

      2.  Except as otherwise provided in subsection 3, the terms and conditions of employment of all persons referred to in subsection 1, including salaries not prescribed by law and leaves of absence, including, without limitation, annual leave and sick and disability leave, must be fixed by the appointing or employing authority within the limits of legislative appropriations or authorizations.

      3.  Except as otherwise provided in this subsection, leaves of absence prescribed pursuant to subsection 2 must not be of lesser duration than those provided for other state officers and employees pursuant to the provisions of this chapter. The provisions of this subsection do not govern the Legislative Commission with respect to the personnel of the Legislative Counsel Bureau.

      4.  Any board, commission, committee or council created in chapters 590, 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 652, 654 and 656 of NRS and sections 2 to 34, inclusive, of this act which contracts for the services of a person, shall require the contract for those services to be in writing.

 


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

ê2005 Statutes of Nevada, Page 1138 (Chapter 325, AB 250)ê

 

writing. The contract must be approved by the State Board of Examiners before those services may be provided.

      Sec. 40.  NRS 353.005 is hereby amended to read as follows:

      353.005  The provisions of this chapter do not apply to boards created by the provisions of NRS 590.485 and chapters 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 654 and 656 of NRS and sections 2 to 34, inclusive, of this act and the officers and employees of those boards.

      Sec. 41.  NRS 353A.020 is hereby amended to read as follows:

      353A.020  1.  The Director, in consultation with the Committee and Legislative Auditor, shall adopt a uniform system of internal accounting and administrative control for agencies. The elements of the system must include, without limitation:

      (a) A plan of organization which provides for a segregation of duties appropriate to safeguard the assets of the agency;

      (b) A plan which limits access to assets of the agency to persons who need the assets to perform their assigned duties;

      (c) Procedures for authorizations and recordkeeping which effectively control accounting of assets, liabilities, revenues and expenses;

      (d) A system of practices to be followed in the performance of the duties and functions of each agency; and

      (e) An effective system of internal review.

      2.  The Director, in consultation with the Committee and Legislative Auditor, may modify the system whenever he considers it necessary.

      3.  Each agency shall develop written procedures to carry out the system of internal accounting and administrative control adopted pursuant to this section.

      4.  For the purposes of this section, “agency” does not include:

      (a) A board created by the provisions of NRS 590.485 and chapters 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 654 and 656 of NRS [.] and sections 2 to 34, inclusive, of this act.

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

      (c) The Public Employees’ Retirement System.

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

      (e) The Colorado River Commission of Nevada.

      Sec. 42.  NRS 353A.025 is hereby amended to read as follows:

      353A.025  1.  The head of each agency shall periodically review the agency’s system of internal accounting and administrative control to determine whether it is in compliance with the uniform system of internal accounting and administrative control for agencies adopted pursuant to subsection 1 of NRS 353A.020.

      2.  On or before July 1 of each even-numbered year, the head of each agency shall report to the Director whether the agency’s system of internal accounting and administrative control is in compliance with the uniform system adopted pursuant to subsection 1 of NRS 353A.020. The reports must be made available for inspection by the members of the Legislature.

      3.  For the purposes of this section, “agency” does not include:

      (a) A board created by the provisions of NRS 590.485 and chapters 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 654 and 656 of NRS [.] and sections 2 to 34, inclusive, of this act.

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

      (c) The Public Employees’ Retirement System.

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

 


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

ê2005 Statutes of Nevada, Page 1139 (Chapter 325, AB 250)ê

 

      (e) The Colorado River Commission of Nevada.

      4.  The Director shall, on or before the first Monday in February of each odd-numbered year, submit a report on the status of internal accounting and administrative controls in agencies to the:

      (a) Director of the Legislative Counsel Bureau for transmittal to the:

             (1) Senate Standing Committee on Finance; and

             (2) Assembly Standing Committee on Ways and Means;

      (b) Governor; and

      (c) Legislative Auditor.

      5.  The report submitted by the Director pursuant to subsection 4 must include, without limitation:

      (a) The identification of each agency that has not complied with the requirements of subsections 1 and 2;

      (b) The identification of each agency that does not have an effective method for reviewing its system of internal accounting and administrative control; and

      (c) The identification of each agency that has weaknesses in its system of internal accounting and administrative control, and the extent and types of such weaknesses.

      Sec. 43.  NRS 353A.045 is hereby amended to read as follows:

      353A.045  The Chief shall:

      1.  Report to the Director.

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

      (a) A board created by the provisions of NRS 590.485 and chapters 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 654 and 656 of NRS [.] and sections 2 to 34, inclusive, of this act.

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

      (c) The Public Employees’ Retirement System.

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

      (e) The Colorado River Commission of Nevada.

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

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

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

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

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

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

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

 


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

ê2005 Statutes of Nevada, Page 1140 (Chapter 325, AB 250)ê

 

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

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

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

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

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

      11.  Appoint a Manager of Internal Controls.

      Sec. 44.  NRS 608.0116 is hereby amended to read as follows:

      608.0116  “Professional” means pertaining to an employee who is licensed or certified by the State of Nevada for and engaged in the practice of law or any of the professions regulated by chapters 623 to 645, inclusive, and 656A of NRS [.] and sections 2 to 34, inclusive, of this act.

      Sec. 45.  Section 2.140 of the Charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, as amended by chapter 465, Statutes of Nevada 2003, at page 2896, is hereby amended to read as follows:

      Sec. 2.140  Powers of City Council: Licensing, regulation and prohibition of businesses, trades and professions.

      1.  The City Council may:

      (a) Except as otherwise provided in NRS 598D.150 [,] and section 8 of this act, regulate all businesses, trades and professions.

      (b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.

      2.  The City Council may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.

      Sec. 46.  Section 2.150 of the Charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, as amended by chapter 465, Statutes of Nevada 2003, at page 2897, is hereby amended to read as follows:

      Sec. 2.150  Powers of Board of Councilmen: Licensing, regulation and prohibition of businesses, trades and professions.

      1.  The Board of Councilmen may:

      (a) Except as otherwise provided in NRS 598D.150 [,] and section 8 of this act, regulate all businesses, trades and professions.

      (b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.

      2.  No person licensed by an agency of the State of Nevada to practice any trade or profession except gaming may be denied a license to conduct his profession.

      3.  The Board of Councilmen may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.

 


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

ê2005 Statutes of Nevada, Page 1141 (Chapter 325, AB 250)ê

 

      Sec. 47.  Section 2.260 of the Charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 465, Statutes of Nevada 2003, at page 2897, is hereby amended to read as follows:

      Sec. 2.260  Power of Board: Licensing, regulation and prohibition of trades, professions and businesses.

      1.  Except as otherwise provided in NRS 598D.150 [,] and section 8 of this act, the Board may fix, impose and collect a license tax for revenue upon, or regulate:

      (a) Or both, all trades, callings, professions and businesses, conducted in whole or in part within Carson City, except that no person licensed by an agency of the State of Nevada to practice any profession except gaming may be denied a license to conduct his profession or required to pay a license tax except for revenue.

      (b) Or both, all businesses selling alcoholic liquors at wholesale or retail, or prohibit or suppress such businesses.

      (c) Or prescribe the location of all gaming establishments, or any combination of these, or may prohibit gambling and gaming of all kinds, and all games of chance.

      2.  The Board may provide for the issuance of all licenses authorized in this section and the time and manner in which they will be issued.

      3.  The Board may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.

      4.  The Board may, for just cause, suspend, cancel or revoke any business license.

      Sec. 48.  Section 2.150 of the Charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, as last amended by chapter 465, Statutes of Nevada 2003, at page 2897, is hereby amended to read as follows:

      Sec. 2.150  Powers of City Council: Licensing, regulation and prohibition of businesses, trades and professions.

      1.  The City Council may:

      (a) Except as otherwise provided in NRS 598D.150 [,] and section 8 of this act, regulate all businesses, trades and professions.

      (b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.

      2.  The City Council may establish any equitable standard to be used in fixing license taxes collected pursuant to this section.

      Sec. 49.  Section 2.130 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by chapter 465, Statutes of Nevada 2003, at page 2898, is hereby amended to read as follows:

      Sec. 2.130  Powers of City Council: Licensing, regulation and prohibition of businesses, trades and professions.

      1.  The City Council may:

      (a) Except as otherwise provided in NRS 598D.150 [,] and section 8 of this act, regulate all businesses, trades and professions.

      (b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.

      2.  The City Council may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.

 


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

ê2005 Statutes of Nevada, Page 1142 (Chapter 325, AB 250)ê

 

      Sec. 50.  Section 2.150 of the Charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as amended by chapter 465, Statutes of Nevada 2003, at page 2898, is hereby amended to read as follows:

      Sec. 2.150  Powers of City Council: Licensing, regulation and prohibition of businesses, trades and professions.

      1.  The City Council may:

      (a) Except as is otherwise provided in subsection 2 and NRS 598D.150 [,] and section 8 of this act, license and regulate all lawful businesses, trades and professions.

      (b) Fix, impose and collect a license tax for regulation or for revenue, or both, upon all businesses, trades and professions and provide an equitable standard for fixing those license taxes.

      (c) Suspend or revoke the license of any business, trade or profession for failing to comply with any regulation of the City in such manner as may be prescribed by ordinance.

      2.  No person, firm or corporation which is licensed by an agency of the State to conduct or practice any business, trade or profession, except as is otherwise provided in subsection 3, may be denied a license to conduct or practice that business, trade or profession, nor may the license be suspended or revoked, if:

      (a) That person, firm or corporation complies with all of the regulations which are established by that agency and pays to the City such license taxes and related fees and posts such bond or bonds as may be prescribed by ordinance; and

      (b) The location of the business, trade or profession complies with all of the requirements of all of the zoning, building, plumbing, electrical, safety and fire prevention codes or regulations of the City.

      3.  The City Council may provide, by ordinance, regulations which restrict the number, location and method of operation of and the qualifications for ownership in:

      (a) Liquor-dispensing or gaming establishments, or both;

      (b) Businesses which are engaged in the manufacture or distribution, or both, of liquor or gaming devices; and

      (c) Such other businesses, trades and professions as may be declared by ordinance to be privileged,

Ê and regulations which prescribe the circumstances under and the manner in which licenses with respect to those establishments, businesses, trades and professions may be denied, limited, suspended or revoked.

      Sec. 51.  Section 2.140 of the Charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as amended by chapter 465, Statutes of Nevada 2003, at page 2899, is hereby amended to read as follows:

      Sec. 2.140  Powers of City Council: Licensing, regulation and prohibition of businesses, trades and professions.

      1.  The City Council may:

      (a) Except as otherwise provided in NRS 598D.150 [,] and section 8 of this act, regulate all businesses, trades and professions.

      (b) Fix, impose and collect a license fee for revenue upon all businesses, trades and professions.

 


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

ê2005 Statutes of Nevada, Page 1143 (Chapter 325, AB 250)ê

 

      2.  The City Council may establish any equitable standard to be used in fixing license fees required to be collected pursuant to this section.

      Sec. 52.  Section 2.140 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 465, Statutes of Nevada 2003, at page 2899, is hereby amended to read as follows:

      Sec. 2.140  General powers of City Council.

      1.  Except as otherwise provided in subsection 2 and section 2.150, the City Council may:

      (a) Acquire, control, improve and dispose of any real or personal property for the use of the City, its residents and visitors.

      (b) Except as otherwise provided in NRS 598D.150 [,] and section 8 of this act, regulate and impose a license tax for revenue upon all businesses, trades and professions.

      (c) Provide or grant franchises for public transportation and utilities.

      (d) Appropriate money for advertising and publicity and for the support of a municipal band.

      (e) Enact and enforce any police, fire, traffic, health, sanitary or other measure which does not conflict with the general laws of the State of Nevada. An offense that is made a misdemeanor by the laws of the State of Nevada shall also be deemed to be a misdemeanor against the City whenever the offense is committed within the City.

      (f) Fix the rate to be paid for any utility service provided by the City as a public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the City is a lien upon the property to which the service is rendered and is perfected by filing with the County Recorder a statement by the City Clerk of the amount due and unpaid and describing the property subject to the lien. Any such lien is:

             (1) Coequal with the latest lien upon the property to secure the payment of general taxes.

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

             (3) Prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

      2.  The City Council:

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

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

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

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

      3.  Any information relating to the study conducted pursuant to subsection 2 must be maintained by the City Clerk and made available for public inspection during the business hours of the Office of the City Clerk.

 


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

ê2005 Statutes of Nevada, Page 1144 (Chapter 325, AB 250)ê

 

      4.  Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunications service to the general public.

      5.  As used in this section:

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

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

      Sec. 53.  Section 2.090 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 465, Statutes of Nevada 2003, at page 2900, is hereby amended to read as follows:

      Sec. 2.090  Powers of City Council: General areas.  The City Council may exercise any power specifically granted in this Charter or by any of the provisions of Nevada Revised Statutes not in conflict with this Charter, in order to:

      1.  Except as otherwise provided in NRS 598D.150 [,] and section 8 of this act, license all businesses, trades and professions for purposes of regulation and revenue.

      2.  Enact and enforce fire ordinances.

      3.  Regulate the construction and maintenance of any building or other structure within the City.

      4.  Provide for safeguarding of public health in the City.

      5.  Zone and plan the City, including the regulation of subdivision of land, as prescribed by chapter 278 of NRS.

      6.  Acquire, control, lease, dedicate, sell and convey rights-of-way, parks and other real property.

      7.  Except as otherwise provided in NRS 707.375, regulate vehicular traffic and parking of vehicles.

      8.  Establish and maintain a sanitary sewer system.

      9.  Condemn property within the territorial limits of the City, as well as property outside the territorial limits of the City, in the manner prescribed by chapter 37 of NRS.

      10.  Regulate, prescribe the location for, prohibit or suppress all businesses selling alcoholic liquors at wholesale or retail.

      11.  Regulate, prescribe the location for, prohibit or suppress gaming of all kinds.

      Sec. 54.  Section 2.150 of the Charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, as amended by chapter 465, Statutes of Nevada 2003, at page 2901, is hereby amended to read as follows:

      Sec. 2.150  Powers of Board of Councilmen: Licensing, regulation and prohibition of businesses, trades and professions.

      1.  The Board of Councilmen may:

      (a) Except as otherwise provided in NRS 598D.150 [,] and section 8 of this act, regulate all businesses, trades and professions.

      (b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.

      2.  No person licensed by an agency of the State of Nevada to practice any trade or profession except gaming may be denied a license to conduct his profession.

 


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

ê2005 Statutes of Nevada, Page 1145 (Chapter 325, AB 250)ê

 

      3.  The Board of Councilmen may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.

      Sec. 55.  Section 2.140 of the Charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, as amended by chapter 465, Statutes of Nevada 2003, at page 2901, is hereby amended to read as follows:

      Sec. 2.140  Powers of City Council: Licensing, regulation and prohibition of businesses, trades and professions.

      1.  The City Council may:

      (a) Except as otherwise provided in NRS 598D.150 [,] and section 8 of this act, regulate all businesses, trades and professions.

      (b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.

      2.  The City Council may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.

      Sec. 56.  1.  Notwithstanding the provisions of sections 2 to 34, inclusive, of this act and except as otherwise provided in subsection 3, the Board of Massage Therapists may issue a license to practice massage therapy to an applicant, without regard to whether the applicant meets the requirements set forth in section 19 of this act, if the applicant:

      (a) Holds a current license to practice massage therapy issued before July 1, 2007, by a county, city or town of this State that regulates the practice of massage therapy; and

      (b) Applies to the Board for a license before July 1, 2007.

      2.  An applicant who applies for a license from the Board pursuant to subsection 1 must submit to the Board:

      (a) A completed application on a form prescribed by the Board;

      (b) The fees prescribed by the Board pursuant to section 25 of this act; and

      (c) A notarized statement signed by the applicant that states:

             (1) Whether any disciplinary proceedings relating to his license to practice massage therapy have at any time been instituted against him; and

             (2) Whether he has been arrested or convicted, within the 10 years immediately preceding submission of the application, for any crime involving violence, prostitution or any other sexual offense.

      3.  If an applicant applies for a license from the Board pursuant to subsection 1 and the applicant does not have a criminal background investigation approved by a local law enforcement agency, the applicant must:

      (a) Submit a complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (b) Submit to a background investigation conducted pursuant to section 19 of this act.

      4.  A license issued by the Board pursuant to subsection 1 shall be deemed to be a license issued by the Board pursuant to section 19 of this act.

      5.  A person who is licensed to practice massage therapy by a county, city or town in this State before July 1, 2007, must, if the person wishes to continue to practice massage therapy on and after July 1, 2007, hold a license to practice massage therapy issued by the Board.

 


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

ê2005 Statutes of Nevada, Page 1146 (Chapter 325, AB 250)ê

 

continue to practice massage therapy on and after July 1, 2007, hold a license to practice massage therapy issued by the Board.

      6.  Until July 1, 2007, if a person is licensed to practice massage therapy by a county, city or town in this State but the person does not hold a license to practice massage therapy issued by the Board, the person shall comply with:

      (a) All ordinances and regulations of the county, city or town relating to the practice of massage therapy; and

      (b) The provisions of sections 2 to 18, inclusive, 22, 23 and 25 to 34, inclusive, of this act.

      Sec. 57.  1.  As soon as practicable, the Governor shall appoint to the Board of Massage Therapists pursuant to sections 9 and 10 of this act:

      (a) Two members whose terms expire on June 30, 2007;

      (b) Three members whose terms expire on June 30, 2008;

      (c) Two members whose terms expire on June 30, 2009; and

      (d) One nonvoting advisory member whose term expires on June 30, 2009,

Ê except that no member may begin serving a term sooner than July 1, 2005.

      2.  Notwithstanding the provisions of section 9 of this act, each massage therapist who is appointed to the Board of Massage Therapists to an initial term pursuant to subsection 1 is not required to hold a license issued pursuant to sections 2 to 34, inclusive, of this act at the time of appointment but must be eligible for such a license at the time of appointment.

      Sec. 58.  1.  This act becomes effective upon passage and approval for the purposes of:

      (a) The Governor appointing members to the Board of Massage Therapists; and

      (b) The Board and its members and employees performing any organizational, preparatory or preliminary administrative tasks that are necessary to carry out the provisions of this act,

Ê and on October 1, 2005, for all other purposes.

      2.  Sections 22 and 23 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational or recreational licenses of persons who:

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

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

Ê are repealed by the Congress of the United States.

________

 

CHAPTER 326, SB 189

Senate Bill No. 189–Committee on Transportation and Homeland Security

 

CHAPTER 326

 

AN ACT relating to vehicles; making various changes relating to franchises for sales of vehicles; and providing other matters properly relating thereto.

 

 


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

ê2005 Statutes of Nevada, Page 1147 (Chapter 326, SB 189)ê

 

[Approved: June 10, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.36354 is hereby amended to read as follows:

      482.36354  1.  A manufacturer or distributor shall not modify the franchise of a dealer or replace the franchise with another franchise if the modification or replacement would have a substantially adverse effect upon the dealer’s investment or his obligations to provide sales and service, unless:

      (a) The manufacturer or distributor has given written notice of its intention to the Director and the dealer affected by the intended modification or replacement; and

      (b) Either of the following conditions occurs:

             (1) The dealer does not file a protest with the Director within 30 days after receiving the notice; or

             (2) After a protest has been filed with the Director and the Director has conducted a hearing, the Director issues an order authorizing the manufacturer or distributor to modify or replace the franchise.

      2.  The notice required by [this section] subsection 1 must be given to the dealer and to the Director at least 60 days before the date on which the intended action is to take place.

      3.  If a manufacturer or distributor changes the area of primary responsibility of a dealer, the change constitutes a modification of the franchise of the dealer for the purposes of NRS 482.36311 to 482.36425, inclusive. As used in this subsection, “area of primary responsibility” means the geographic area in which a dealer, pursuant to a franchise agreement, is responsible for selling, servicing and otherwise representing the products of a manufacturer or distributor.

      Sec. 2.  NRS 482.3638 is hereby amended to read as follows:

      482.3638  It is an unfair act or practice for any manufacturer, distributor or factory branch, directly or through any representative, to:

      1.  Require a dealer to agree to a release, assignment, novation, waiver or estoppel which purports to relieve any person from liability imposed by this chapter, or require any controversy between a dealer and a manufacturer, distributor or representative to be referred to any person or agency except as set forth in this chapter if that referral would be binding on the dealer, except that this section does not prevent the parties from mutually agreeing to arbitration pursuant to law.

      2.  Require a dealer to agree to the jurisdiction, venue or tribunal in which a controversy arising under the provisions of the franchise agreement may or may not be submitted for resolution, or prohibit a dealer from bringing an action in any forum allowed by Nevada law.

      3.  Require a dealer to agree to a term or condition of a franchise agreement which violates any provision of NRS 482.36311 to 482.36425, inclusive.

      4.  Require a dealer to waive a trial by jury in actions involving the manufacturer, distributor or factory branch.

      [4.] 5.  Increase prices of new vehicles which the dealer had ordered for private retail consumers before his receipt of the written official notification of a price increase. A sales contract signed by a retail consumer constitutes evidence of each order.

 


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

ê2005 Statutes of Nevada, Page 1148 (Chapter 326, SB 189)ê

 

evidence of each order. Price changes applicable to new models or series of vehicles at the time of the introduction of the new models or series shall not be deemed a price increase. Price changes caused by:

      (a) The addition to a vehicle of equipment formerly optional as standard or required equipment pursuant to state or federal law;

      (b) Revaluation of the United States dollar in the case of foreign-made vehicles; or

      (c) Transportation cost increases,

Ê are not subject to this subsection.

      [5.] 6.  Deny the principal owner the opportunity to designate his spouse, a member of his family, a qualified manager, or a trust or other artificial person controlled by any of them as entitled to participate in the ownership of:

      (a) The franchised dealership;

      (b) A successor franchised dealership for 2 years or a longer reasonable time after the incapacity of the principal owner; or

      (c) A successor franchised dealership after the death of the principal in accordance with NRS 482.36396 to 482.36414, inclusive.

      [6.] 7.  Modify unilaterally, replace, enter into, relocate, terminate or refuse to renew a franchise in violation of law.

      [7.] 8.  Terminate or refuse to approve a transfer of a franchise for a dealership, or honor the right of succession set forth in a franchise agreement or refuse to approve the transfer of a controlling interest in a dealership because the dealer has, before October 1, 1997, established an additional franchise to sell or service another line or make of new vehicles in the same facility as the existing dealership.

      [8.] 9.  Prevent a dealer from establishing, on or after October 1, 1997, an additional franchise to sell or service another line or make of new vehicles in the same facility as the existing dealership if the dealer:

      (a) Submits a written request for approval of the additional franchise to the manufacturer, distributor or factory branch of the existing dealership;

      (b) Complies with the reasonable requirements for approval set forth in the franchise of the existing dealership; and

      (c) Obtains the approval of the manufacturer, distributor or factory branch of the existing dealership.

Ê The manufacturer, distributor or factory branch shall notify the dealer in writing of its decision to approve or deny the request within 90 days after receipt of the request. The manufacturer, distributor or factory branch shall not unreasonably withhold its approval. If the request is denied, the material reasons for the denial must be stated. Failure to approve or deny the request, in writing, within 90 days has the effect of approval.

      Sec. 3.  NRS 482.36385 is hereby amended to read as follows:

      482.36385  It is an unfair act or practice for any manufacturer, distributor or factory branch, directly or through any representative, to:

      1.  Compete with a dealer. A manufacturer or distributor shall not be deemed to be competing when operating a previously existing dealership temporarily for a reasonable period, or in a bona fide retail operation which is for sale to any qualified person at a fair and reasonable price, or in a bona fide relationship in which a person has made a significant investment subject to loss in the dealership and can reasonably expect to acquire full ownership of the dealership on reasonable terms and conditions.

 


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

ê2005 Statutes of Nevada, Page 1149 (Chapter 326, SB 189)ê

 

      2.  Discriminate unfairly among its dealers, or fail without good cause to comply with franchise agreements, with respect to warranty reimbursement or authority granted to its dealers to make warranty adjustments with retail customers.

      3.  Fail to compensate a dealer fairly for the work and services which he is required to perform in connection with the delivery and preparation obligations under any franchise, or fail to compensate a dealer fairly for labor, parts and other expenses incurred by him under the manufacturer’s warranty agreements. The manufacturer shall set forth in writing the respective obligations of a dealer and the manufacturer in the preparation of a vehicle for delivery, and as between them a dealer’s liability for a defective product is limited to his obligation so set forth. Fair compensation includes diagnosis and reasonable administrative and clerical costs. The dealer’s compensation for parts and labor to satisfy a warranty must not be less than the amount of money charged to its various retail customers for parts and labor that are not covered by a warranty. If parts are supplied by the manufacturer, including exchanged parts and assembled components, the dealer is entitled with respect to each part to an amount not less than his normal retail markup for the part. This subsection does not apply to compensation for any part, system, fixture, appliance, furnishing, accessory or feature of a motor home or recreational vehicle that is designed, used and maintained primarily for nonvehicular, residential purposes.

      4.  Fail to pay all claims made by dealers for compensation for delivery and preparation work, transportation claims, special campaigns and work to satisfy warranties within 30 days after approval, or fail to approve or disapprove such claims within 30 days after receipt, or disapprove any claim without notice to the dealer in writing of the grounds for disapproval. Failure to approve or disapprove or to pay within the specified time limits in an individual case does not constitute a violation of this section if the failure is because of reasons beyond the control of the manufacturer, distributor or factory branch.

      5.  Sell a new vehicle to a person who is not licensed as a new vehicle dealer under the provisions of this chapter.

      6.  Use false, deceptive or misleading advertising or engage in deceptive acts in connection with the manufacturer’s or distributor’s business.

      7.  Perform an audit to confirm a warranty repair, sales incentive or rebate more than 12 months after the date of the transaction.

      8.  Prohibit or prevent a dealer from appealing the results of an audit to confirm a warranty repair, sales incentive or rebate, or to require that such an appeal be conducted at a location other than the dealer’s place of business.

      Sec. 4.  NRS 482.36423 is hereby amended to read as follows:

      482.36423  1.  Whenever it appears that a person has violated, is violating or is threatening to violate any provision of NRS 482.36311 to 482.36425, inclusive, any person aggrieved thereby may apply to the district court in the county where the defendant resides, or in the county where the violation or threat of violation occurs, for injunctive relief to restrain the person from continuing the violation or threat of violation.

      2.  In addition to any other judicial relief, any dealer or person who assumes the operation of a franchise pursuant to NRS 482.36396 to 482.36414, inclusive, who is injured in his business or property by reason of a violation of NRS 482.36311 to 482.36425, inclusive, may bring an action in the district court in which the dealership is located, and may recover three times the pecuniary loss sustained by him, and the cost of suit, including a reasonable attorney’s fee.

 


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

ê2005 Statutes of Nevada, Page 1150 (Chapter 326, SB 189)ê

 

in the district court in which the dealership is located, and may recover three times the pecuniary loss sustained by him, and the cost of suit, including a reasonable attorney’s fee. The amount of pecuniary loss sustained by a dealer, pursuant to subsection [6] 7 of NRS 482.3638, is the fair market value of the franchised dealership at the time of notification of termination, refusal to continue or unilateral modification of a franchise.

      3.  Any artificial person created and existing under the laws of any other state, territory, foreign government or the government of the United States, or any person residing outside the State, who grants a franchise to any dealer in this State may be served with any legal process in any action for injunctive relief or civil damages in the following manner:

      (a) By delivering a copy of the process to the Director; and

      (b) By mailing to the last known address of the manufacturer or distributor, by certified mail, return receipt requested, a copy of the summons and a copy of the complaint, together with copies of any petition or order for injunctive relief.

      4.  The defendant has 30 days, exclusive of the day of service, within which to answer or plead.

      5.  The method of service provided in this section is cumulative and may be utilized with, after or independently of all other methods of service.

________

 

CHAPTER 327, AB 255

Assembly Bill No. 255–Assemblywoman Kirkpatrick (by request)

 

CHAPTER 327

 

AN ACT relating to taxation; expanding the circumstances under which the Department of Motor Vehicles may order the locking and sealing of a business; prohibiting a retailer or other person from selling or distributing dyed special fuel unless he controls the access to the dyed special fuel; requiring the retailer or other person to approve each purchaser of dyed special fuel; requiring the preservation of certain records; authorizing the Department of Motor Vehicles to take certain disciplinary action; authorizing the Department to adopt regulations that require the electronic filing of certain tax returns; providing penalties; and providing other matters properly relating thereto.

 

[Approved: June 10, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 360A.030 is hereby amended to read as follows:

      360A.030  1.  If a person [continues] :

      (a) Continues to engage in business in this State without a permit or license as required by chapter 365 or 366 of NRS, or after the license or permit has been suspended or revoked [,] ;

      (b) Knowingly sells at retail any fuel that is subject to taxation pursuant to chapter 365 or 366 of NRS for which the tax imposed by chapter 365 or 366 of NRS is not remitted; or

 


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

ê2005 Statutes of Nevada, Page 1151 (Chapter 327, AB 255)ê

 

      (c) Sells or otherwise distributes dyed special fuel in violation of section 7 of this act,

Ê the Department may, after providing notice to that person, order any place of business of the person to be locked and sealed. If notice is served by mail, it must be addressed to the person at his address as it appears in the records of the Department.

      2.  The order to lock and seal a place of business must be delivered to the sheriff of the county in which the business is located. The sheriff shall assist in the enforcement of the order.

      Sec. 2.  Chapter 365 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Department may, by regulation, establish a procedure requiring suppliers to submit tax returns electronically when due pursuant to this chapter.

      Sec. 3.  Chapter 366 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 7, inclusive, of this act.

      Sec. 4.  “Dyed special fuel” means special fuel which, in accordance with subsection 1 of NRS 366.203, must be dyed before it is removed for distribution from the rack.

      Sec. 5.  “Retail station” means any fixed facility or location that:

      1.  Operates in the retail business of selling or handling fuel; or

      2.  Dispenses fuel from a stationary pump or metered tank for which the access to the fuel is not controlled.

      Sec. 6.  “Retailer” means any person, other than a dealer or supplier, who is engaged in the business of selling or handling any special fuel at a retail station and who delivers or authorizes the delivery of fuel into the fuel supply tank of a motor vehicle that is not owned by that person.

      Sec. 7.  1.  A retailer or any other person who sells or distributes dyed special fuel shall not sell or distribute the dyed special fuel unless the retailer or person controls the access to the dyed special fuel.

      2.  A retailer or other person may sell or distribute the dyed special fuel only to a purchaser who has been approved to purchase the dyed special fuel from the retailer or other person. To be approved to purchase dyed special fuel from a retailer or other person, a purchaser must provide to the retailer or other person a written statement of acknowledgement and intended use on a form provided by the Department and completed by the purchaser that includes:

      (a) The full name and address of the purchaser;

      (b) A description of the manner in which the purchaser intends to use the dyed special fuel;

      (c) An attestation indicating that the purchaser:

             (1) Will only use the dyed special fuel for a purpose that is not taxable pursuant to this chapter; and

             (2) Is aware of the penalties set forth NRS 366.735, a copy of which must be included on the statement; and

      (d) The signature of the purchaser.

      3.  A retailer or other person who sells or distributes dyed special fuel shall keep on file a completed statement of acknowledgment and intended use for each person approved to purchase dyed special fuel from the retailer or other person.

      4.  In addition to any action that may be taken pursuant to chapter 360A of NRS, the Department may impose on a retailer or any other person who violates the provisions of subsection 1 an administrative fine of not more than $10,000 for each violation.

 


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

ê2005 Statutes of Nevada, Page 1152 (Chapter 327, AB 255)ê

 

person who violates the provisions of subsection 1 an administrative fine of not more than $10,000 for each violation.

      Sec. 8.  NRS 366.020 is hereby amended to read as follows:

      366.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 366.025 to 366.100, inclusive, and sections 4, 5 and 6 of this act have the meanings ascribed to them in those sections.

      Sec. 9.  NRS 366.140 is hereby amended to read as follows:

      366.140  1.  Every special fuel supplier, special fuel dealer, special fuel exporter, special fuel transporter , [or] special fuel user and retailer, and every other person transporting or storing special fuel in this State shall keep such records, receipts, invoices and other pertinent papers with respect thereto as the Department requires.

      2.  The records, receipts, invoices and other pertinent papers [used in the preparation of a report or return required pursuant to this chapter] described in subsection 1 must be preserved for 4 years after the [report or return is filed with the Department.] date on which the record, receipt, invoice or other pertinent paper was created or generated.

      3.  The records, receipts, invoices and other pertinent papers must be available at all times during business hours to the Department or its authorized agents.

      Sec. 10.  NRS 366.203 is hereby amended to read as follows:

      366.203  1.  Special fuel, other than compressed natural gas, liquefied petroleum gas or kerosene, which is exempt from the tax pursuant to subsection 3 or 4 of NRS 366.200 must be dyed before it is removed for distribution from a rack. The dye added to the exempt special fuel must be of the color and concentration required by the regulations adopted by the Secretary of the Treasury pursuant to 26 U.S.C. § 4082.

      2.  Except as otherwise provided in subsections 3, 4 and 5, a person shall not operate or maintain on any highway in this State a motor vehicle which contains dyed special fuel in the fuel tank of that vehicle . [special fuel which has been dyed.] A person who operates or maintains a motor vehicle in violation of this subsection and the registered owner of the motor vehicle are jointly and severally liable for any taxes, penalties and interest payable to the Department.

      3.  A person who, pursuant to subsection 2, 3 or 4 of NRS 366.200, is exempt from the tax imposed by this chapter may operate or maintain a motor vehicle on a highway in this State which contains dyed special fuel in the fuel tank of that vehicle . [special fuel which has been dyed.]

      4.  To the extent permitted by federal law, a person may operate or maintain on a highway in this State any special mobile equipment or farm equipment that contains dyed special fuel in the fuel tank of the special mobile equipment or farm equipment . [special fuel which has been dyed.] As used in this subsection:

      (a) “Farm equipment” means any self-propelled machinery or motor vehicle that is designed solely for tilling soil or for cultivating, harvesting or transporting crops or other agricultural products from a field or other area owned or leased by the operator of the farm equipment and in which the crops or agricultural products are grown, to a field, yard, silo, cellar, shed or other facility which is:

             (1) Owned or leased by the operator of the farm equipment; and

             (2) Used to store or process the crops or agricultural products.

 


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

ê2005 Statutes of Nevada, Page 1153 (Chapter 327, AB 255)ê

 

Ê The term includes a tractor, baler or swather or any implement used to retrieve hay.

      (b) “Highway” does not include a controlled-access highway as defined in NRS 484.041.

      5.  To the extent authorized by federal law, a person may operate or maintain a motor vehicle on a highway in this State that contains dyed special fuel in the fuel tank [special fuel which has been dyed] if the motor vehicle is used only to cross the highway to travel from one parcel of land owned or controlled by the person to another parcel of land owned or controlled by the person.

      6.  There is a rebuttable presumption that all special fuel which [has not been dyed] is not dyed special fuel and which is sold or distributed in this State is for the purpose of propelling a motor vehicle.

      Sec. 11.  NRS 366.220 is hereby amended to read as follows:

      366.220  1.  Except as otherwise provided in this chapter, it is unlawful for any:

      (a) Special fuel supplier, special fuel dealer or special fuel user to sell or use special fuel within this State unless the special fuel supplier, special fuel dealer or special fuel user is the holder of a special fuel supplier’s, special fuel dealer’s or special fuel user’s license issued to him by the Department.

      (b) Person to be a:

             (1) Special fuel exporter unless the person is the holder of a special fuel exporter’s license issued to him by the Department.

             (2) Special fuel transporter unless the person is the holder of a special fuel transporter’s license issued to him by the Department.

      (c) Retailer or other person to sell or distribute dyed special fuel unless the retailer or person controls the access to the dyed special fuel.

      2.  The Department may adopt regulations relating to the issuance of any special fuel supplier’s, special fuel dealer’s, special fuel exporter’s, special fuel transporter’s or special fuel user’s license and the collection of fees therefor.

      Sec. 12.  NRS 366.360 is hereby amended to read as follows:

      366.360  1.  The Department shall cancel any license to act as a special fuel supplier, special fuel dealer [or] , special fuel exporter, special fuel transporter or special fuel user immediately upon the surrender thereof by the holder.

      2.  If a surety has lodged with the Department a written request to be released and discharged of liability, the Department shall immediately notify the special fuel supplier or special fuel dealer who furnished the bond, and unless he files a new bond as required by the Department within 30 days or makes a deposit in lieu thereof as provided in NRS 366.235, the Department may cancel his license.

      3.  If a special fuel supplier or special fuel dealer becomes delinquent in the payment of excise taxes as prescribed by this chapter to the extent that his liability exceeds the total amount of bond furnished by him, the Department may cancel his license immediately.

      Sec. 13.  NRS 366.383 is hereby amended to read as follows:

      366.383  1.  Each special fuel supplier shall, not later than the last day of each month:

      [1.] (a) Submit to the Department a tax return which sets forth:

      [(a)] (1) The number of gallons of special fuel he received during the previous month;

 


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

ê2005 Statutes of Nevada, Page 1154 (Chapter 327, AB 255)ê

 

      [(b)] (2) The number of gallons of special fuel he sold, distributed or used in this State during the previous month; and

      [(c)] (3) The number of gallons of special fuel he sold, distributed or used in this State in which dye was added during the previous month.

      [2.] (b) Pay to the Department the tax imposed pursuant to NRS 366.190 on all special fuel sold, distributed or used during the previous month for which dye was not added in the manner prescribed in this chapter.

      2.  The Department may, by regulation, establish a procedure requiring special fuel suppliers to submit tax returns required by this section electronically.

      Sec. 14.  NRS 366.735 is hereby amended to read as follows:

      366.735  1.  The Department may [impose an administrative fine of the greater of $1,000 or $10 per gallon of special fuel based on the maximum storage capacity of the storage tank that contains the special fuel if a person:

      1.] take disciplinary action in accordance with subsection 2 against any person who:

      (a) Sells or stores any dyed special fuel [that has been dyed] for a use which the person selling or storing such fuel knows, or has reason to know, is a taxable use of the fuel;

      [2.] (b) Willfully alters or attempts to alter the strength of composition of any dye in any special fuel intended to be used for a taxable purpose; or

      [3.] (c) Uses dyed special fuel [that has been dyed] for a taxable purpose.

      2.  For any violation described in subsection 1, the Department may:

      (a) If the violation is a first offense, impose an administrative fine of not more than $2,500 and suspend any license issued to that person pursuant to this chapter for not more than 30 days;

      (b) If the violation is a second offense within a period of 4 years, impose an administrative fine of not more than $5,000 and suspend any license issued to that person pursuant to this chapter for not more than 60 days; and

      (c) If the violation is a third or subsequent offense within a period of 4 years, impose an administrative fine of not more than $10,000 and revoke any license issued to that person pursuant to this chapter.

      Sec. 15.  NRS 366.740 is hereby amended to read as follows:

      366.740  1.  Except as otherwise provided in NRS 366.735 [,] and section 7 of this act, the Department may impose an administrative fine, not to exceed $2,500, for a violation of any provision of this chapter, or any regulation or order adopted or issued pursuant thereto.

      2.  The Department shall afford to any person fined pursuant to this section , [or] NRS 366.735 or section 7 of this act an opportunity for a hearing pursuant to the provisions of NRS 233B.121.

      3.  All administrative fines collected by the Department pursuant to subsection 1 , [or] NRS 366.735 or section 7 of this act must be deposited with the State Treasurer to the credit of the State Highway Fund.

      4.  In addition to any other remedy provided by this chapter, the Department may compel compliance with any provision of this chapter and any regulation or order adopted or issued pursuant thereto by injunction or other appropriate remedy. The Department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.

 


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

ê2005 Statutes of Nevada, Page 1155 (Chapter 327, AB 255)ê

 

      Sec. 16.  NRS 373.080 is hereby amended to read as follows:

      373.080  All motor vehicle fuel taxes collected during any month by the Department pursuant to a contract with [any county shall] a county must be transmitted each month by the Department to [such] the county and the Department shall , in accordance with the terms of the contract, charge the county for the Department’s services specified in this section and in NRS 373.070 . [such amount as will reimburse the Department for the cost to it of rendering the services.]

      Sec. 17.  Notwithstanding any amendatory provisions of sections 2 and 13 of this act to the contrary, the Department of Motor Vehicles shall not require a supplier or special fuel supplier to submit a tax return electronically before July 1, 2006.

      Sec. 18.  This act becomes effective:

      1.  Upon passage and approval for the purpose of adopting regulations and taking such other actions as are required to carry out the provisions of this act; and

      2.  On July 1, 2005, for all other purposes.

________

 

CHAPTER 328, AB 154

Assembly Bill No. 154–Committee on Education

 

CHAPTER 328

 

AN ACT relating to education; requiring the State Board of Education, the board of trustees of each school district and the principal of each public school to prepare an annual summary of accountability information for public dissemination; revising provisions governing the annual reports of accountability prepared by the State Board and each school district; revising the date to determine whether public schools that operate on certain alternative schedules have made adequate yearly progress; revising provisions governing the annual designations of public schools and school districts based upon yearly progress; revising the grade levels for certain writing examinations and science examinations; requiring that fees collected pursuant to the Private Elementary and Secondary Education Authorization Act be deposited for credit to the appropriate account of the Department of Education; and providing other matters properly relating thereto.

 

[Approved: June 10, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 385 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  1.  The State Board shall prepare a summary of the annual report of accountability prepared pursuant to NRS 385.3469 that includes, without limitation, a summary of the following information for each school district, each charter school and the State as a whole:

      (a) Demographic information of pupils, including, without limitation, the number and percentage of pupils:

 


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

ê2005 Statutes of Nevada, Page 1156 (Chapter 328, AB 154)ê

 

             (1) Who are economically disadvantaged, as defined by the State Board;

             (2) Who are from major racial or ethnic groups, as defined by the State Board;

             (3) With disabilities;

             (4) Who are limited English proficient; and

             (5) Who are migratory children, as defined by the State Board;

      (b) The average daily attendance of pupils, reported separately for the subgroups identified in paragraph (a);

      (c) The transiency rate of pupils;

      (d) The percentage of pupils who are habitual truants;

      (e) The percentage of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655;

      (f) The number of incidents resulting in suspension or expulsion for:

             (1) Violence to other pupils or to school personnel;

             (2) Possession of a weapon;

             (3) Distribution of a controlled substance;

             (4) Possession or use of a controlled substance; and

             (5) Possession or use of alcohol;

      (g) For kindergarten through grade 8, the number and percentage of pupils who are retained in the same grade;

      (h) For grades 9 to 12, inclusive, the number and percentage of pupils who are deficient in the number of credits required for promotion to the next grade or graduation from high school;

      (i) The pupil-teacher ratio for kindergarten and grades 1 to 8, inclusive;

      (j) The average class size for the subject area of mathematics, English, science and social studies in schools where pupils rotate to different teachers for different subjects;

      (k) The number and percentage of pupils who graduated from high school;

      (l) The number and percentage of pupils who received a:

             (1) Standard diploma;

             (2) Adult diploma;

             (3) Adjusted diploma; and

             (4) Certificate of attendance;

      (m) The number and percentage of pupils who graduated from high school and enrolled in remedial courses at the University and Community College System of Nevada;

      (n) Per pupil expenditures;

      (o) Information on the professional qualifications of teachers;

      (p) The average daily attendance of teachers and licensure information;

      (q) Information on the adequate yearly progress of the schools and school districts;

      (r) Pupil achievement based upon the examinations administered pursuant to NRS 389.550 and the high school proficiency examination;

      (s) To the extent practicable, pupil achievement based upon the examinations administered pursuant to NRS 389.015 for grades 4, 7 and 10; and

      (t) Other information required by the Superintendent of Public Instruction in consultation with the Bureau.

 


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

ê2005 Statutes of Nevada, Page 1157 (Chapter 328, AB 154)ê

 

      2.  The summary prepared pursuant to subsection 1 must:

      (a) Comply with 20 U.S.C. § 6311(h)(1) and the regulations adopted pursuant thereto;

      (b) Be prepared in a concise manner; and

      (c) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents will likely understand.

      3.  On or before September 7 of each year, the State Board shall:

      (a) Provide for public dissemination of the summary prepared pursuant to subsection 1 by posting the summary on the Internet website maintained by the Department; and

      (b) Submit a copy of the summary in an electronic format to the:

             (1) Governor;

             (2) Committee;

             (3) Bureau;

             (4) Board of Regents of the University of Nevada;

             (5) Board of trustees of each school district; and

             (6) Governing body of each charter school.

      4.  The board of trustees of each school district and the governing body of each charter school shall ensure that the parents and guardians of pupils enrolled in the school district or charter school, as applicable, have sufficient information concerning the availability of the summary prepared by the State Board pursuant to subsection 1, including, without limitation, information that describes how to access the summary on the Internet website maintained by the Department. Upon the request of a parent or guardian of a pupil, the Department shall provide the parent or guardian with a written copy of the summary.

      5.  The Department shall, in consultation with the Bureau and the school districts, prescribe a form for the summary required by this section.

      Sec. 3.  1.  The board of trustees of each school district shall prepare a summary of the annual report of accountability prepared pursuant to NRS 385.347 on the form prescribed by the Department pursuant to subsection 3 or an expanded form, as applicable. The summary must include, without limitation:

      (a) The information set forth in subsection 1 of section 2 of this act, reported for the school district as a whole and for each school within the school district;

      (b) Information on the involvement of parents and legal guardians in the education of their children; and

      (c) Other information required by the Superintendent of Public Instruction in consultation with the Bureau.

      2.  The summary prepared pursuant to subsection 1 must:

      (a) Comply with 20 U.S.C. § 6311(h)(2) and the regulations adopted pursuant thereto; and

      (b) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents will likely understand.

      3.  The Department shall, in consultation with the Bureau and the school districts, prescribe a form that contains the basic information required by subsection 1. The board of trustees of a school district may use an expanded form that contains additions to the form prescribed by the Department if the basic information contained in the expanded form complies with the form prescribed by the Department.

 


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

ê2005 Statutes of Nevada, Page 1158 (Chapter 328, AB 154)ê

 

Department if the basic information contained in the expanded form complies with the form prescribed by the Department.

      4.  On or before September 7 of each year, the board of trustees of each school district shall:

      (a) Submit the summary in an electronic format to the:

             (1) Governor;

             (2) State Board;

             (3) Department;

             (4) Committee;

             (5) Bureau; and

             (6) Schools within the school district.

      (b) Provide for the public dissemination of the summary by posting a copy of the summary on the Internet website maintained by the school district, if any. If a school district does not maintain a website, the district shall otherwise provide for public dissemination of the summary. The board of trustees of each school district shall ensure that the parents and guardians of pupils enrolled in the school district have sufficient information concerning the availability of the summary, including, without limitation, information that describes how to access the summary on the Internet website maintained by the school district, if any. Upon the request of a parent or legal guardian, the school district shall provide the parent or legal guardian with a written copy of the summary.

      5.  The board of trustees of each school district shall:

      (a) Report the information required by this section for each charter school that is located within the school district, regardless of the sponsor of the charter school.

      (b) For the information that is reported in an aggregated format, include the data that is applicable to the charter schools sponsored by the school district but not the charter schools that are sponsored by the State Board.

      (c) Denote separately in the report those charter schools that are located within the school district and sponsored by the State Board.

      Sec. 4.  1.  The principal of each public school, including, without limitation, each charter school, shall prepare a summary of accountability information on the form prescribed by the Department pursuant to subsection 3 or an expanded form, as applicable. The summary must include, without limitation:

      (a) The information set forth in subsection 1 of section 2 of this act, reported only for the school;

      (b) Information on the involvement of parents and legal guardians in the education of their children; and

      (c) Such other information as is directed by the Superintendent of Public Instruction in consultation with the Bureau.

      2.  The summary prepared pursuant to subsection 1 must be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents will likely understand.

      3.  The Department shall, in consultation with the Bureau and the school districts, prescribe a form that contains the basic information required by subsection 1. The principal of a school may use an expanded form that contains additions to the form prescribed by the Department if the basic information contained in the expanded form complies with the form prescribed by the Department.

 


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

ê2005 Statutes of Nevada, Page 1159 (Chapter 328, AB 154)ê

 

      4.  On or before September 7 of each year:

      (a) The principal of each public school shall submit the summary in electronic format to the:

             (1) Department;

             (2) Bureau; and

             (3) Board of trustees of the school district in which the school is located.

      (b) The school district in which the school is located shall ensure that the summary is posted on the Internet website maintained by the school, if any, or the Internet website maintained by the school district, if any. If the summary is not posted on the website of the school or the school district, the school district shall otherwise provide for public dissemination of the summary.

      (c) The principal of each public school shall ensure that the parents and legal guardians of the pupils enrolled in the school have sufficient information concerning the availability of the summary, including, without limitation, information that describes how to access the summary on the Internet website, if any, and how a parent or guardian may otherwise access the summary.

      (d) The principal of each public school shall provide a written copy of the summary to each parent and legal guardian of a pupil enrolled in the school.

      Sec. 5.  In addition to the designation of a public school pursuant to NRS 385.366, the board of trustees of a school district or the Department, as applicable, shall recognize a school as an exemplary turnaround school if the school was designated as demonstrating need for improvement and within 3 consecutive years after the school received that designation, the school is designated as demonstrating exemplary achievement or high achievement.

      Sec. 6.  In addition to the designation of a school district pursuant to NRS 385.3771, the Department shall recognize a school district as an exemplary turnaround school district if the school district was designated as demonstrating need for improvement and within 3 consecutive years after the school district received that designation, the school district is designated as demonstrating exemplary achievement or high achievement.

      Sec. 7.  NRS 385.3455 is hereby amended to read as follows:

      385.3455  As used in NRS 385.3455 to 385.391, inclusive, and sections 2 to 6, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 385.346 to 385.34675, inclusive, have the meanings ascribed to them in those sections.

      Sec. 8.  NRS 385.3468 is hereby amended to read as follows:

      385.3468  The provisions of NRS 385.3455 to 385.391, inclusive, and sections 2 to 6, inclusive, of this act do not supersede, negate or otherwise limit the effect or application of the provisions of chapters 288 and 391 of NRS or the rights, remedies and procedures afforded to employees of a school district under the terms of collective bargaining agreements, memoranda of understanding or other such agreements between employees and their employers.

      Sec. 9.  NRS 385.3469 is hereby amended to read as follows:

      385.3469  1.  The State Board shall prepare an annual report of accountability that includes, without limitation:

 


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

ê2005 Statutes of Nevada, Page 1160 (Chapter 328, AB 154)ê

 

      (a) Information on the achievement of all pupils based upon the results of the examinations administered pursuant to NRS 389.015 and 389.550, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (b) Except as otherwise provided in subsection 2, pupil achievement, reported separately by gender and reported separately for the following subgroups of pupils:

             (1) Pupils who are economically disadvantaged, as defined by the State Board;

             (2) Pupils from major racial and ethnic groups, as defined by the State Board;

             (3) Pupils with disabilities;

             (4) Pupils who are limited English proficient; and

             (5) Pupils who are migratory children, as defined by the State Board.

      (c) A comparison of the achievement of pupils in each subgroup identified in paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board.

      (d) The percentage of all pupils who were not tested, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (e) Except as otherwise provided in subsection 2, the percentage of pupils who were not tested, reported separately by gender and reported separately for the subgroups identified in paragraph (b).

      (f) The most recent 3-year trend in the achievement of pupils in each subject area tested and each grade level tested pursuant to NRS 389.015 and 389.550, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available.

      (g) Information on whether each school district has made adequate yearly progress, including, without limitation, the name of each school district, if any, designated as demonstrating need for improvement pursuant to NRS 385.377 and the number of consecutive years that the school district has carried that designation.

      (h) Information on whether each public school, including, without limitation, each charter school, has made adequate yearly progress, including, without limitation, the name of each public school, if any, designated as demonstrating need for improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation.

      (i) Information on the results of pupils who participated in the examinations of the National Assessment of Educational Progress required pursuant to NRS 389.012.

      (j) The ratio of pupils to teachers in kindergarten and at each grade level for all elementary schools, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, and the average class size for each core academic subject, as set forth in NRS 389.018, for each secondary school, reported for each school district and for this State as a whole.

      (k) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, information on the professional qualifications of teachers employed by the school districts and charter schools, including, without limitation:

 


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

ê2005 Statutes of Nevada, Page 1161 (Chapter 328, AB 154)ê

 

professional qualifications of teachers employed by the school districts and charter schools, including, without limitation:

             (1) The percentage of teachers who are:

                   (I) Providing instruction pursuant to NRS 391.125;

                   (II) Providing instruction pursuant to a waiver of the requirements for licensure for the grade level or subject area in which the teachers are employed; or

                   (III) Otherwise providing instruction without an endorsement for the subject area in which the teachers are employed;

             (2) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, in this State that are not taught by highly qualified teachers; [and]

             (3) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, in this State that are not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools, which for the purposes of this subparagraph, means schools in the top quartile of poverty and the bottom quartile of poverty in this State [.] ;

            (4) For each middle school, junior high school and high school:

                   (I) On and after July 1, 2005, the number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level and subject area; and

                   (II) On and after July 1, 2006, the number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level and subject area; and

             (5) For each elementary school:

                   (I) On and after July 1, 2005, the number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level; and

                   (II) On and after July 1, 2006, the number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level.

      (l) The total expenditure per pupil for each school district in this State, including, without limitation, each charter school in the district. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.

      (m) The total statewide expenditure per pupil. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.

 


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

ê2005 Statutes of Nevada, Page 1162 (Chapter 328, AB 154)ê

 

available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.

      (n) For all elementary schools, junior high schools and middle schools, the rate of attendance, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (o) The annual rate of pupils who drop out of school in grades 9 to 12, inclusive, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, excluding pupils who:

             (1) Provide proof to the school district of successful completion of the examinations of general educational development.

             (2) Are enrolled in courses that are approved by the Department as meeting the requirements for an adult standard diploma.

             (3) Withdraw from school to attend another school.

      (p) The attendance of teachers who provide instruction, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (q) Incidents involving weapons or violence, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (r) Incidents involving the use or possession of alcoholic beverages or controlled substances, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (s) The suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (t) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (u) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033 or 392.125, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (v) The transiency rate of pupils, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole. For the purposes of this paragraph, a pupil is not a transient if he is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.

      (w) Each source of funding for this State to be used for the system of public education.

      (x) A compilation of the programs of remedial study purchased in whole or in part with money received from this State that are used in each school district, including, without limitation, each charter school in the district. The compilation must include:

             (1) The amount and sources of money received [by this State] for programs of remedial [education.] study.

             (2) An identification of each program of remedial study, listed by subject area.

 


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

ê2005 Statutes of Nevada, Page 1163 (Chapter 328, AB 154)ê

 

      (y) The percentage of pupils who graduated from a high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university or community college within the University and Community College System of Nevada, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (z) The technological facilities and equipment available for educational purposes, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (aa) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of pupils who received:

             (1) A standard high school diploma.

             (2) An adjusted diploma.

             (3) A certificate of attendance.

      (bb) The number and percentage of pupils who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (cc) The number of habitual truants who are reported to a school police officer or local law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144 and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (dd) Information on the paraprofessionals employed at public schools in this State, including, without limitation, the charter schools in this State. The information must include:

             (1) The number of paraprofessionals employed, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole; and

             (2) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of all paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C. § 6319(c). The reporting requirements of this subparagraph apply to paraprofessionals who are employed in programs supported with Title I money and to paraprofessionals who are not employed in programs supported with Title I money.

      (ee) An identification of appropriations made by the Legislature to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.

      (ff) A compilation of the special programs available for pupils at individual schools, listed by school and by school district, including, without limitation, each charter school in the district.

      2.  A separate reporting for a subgroup of pupils must not be made pursuant to this section if the number of pupils in that subgroup is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The State Board shall prescribe a mechanism for determining the minimum number of pupils that must be in a subgroup for that subgroup to yield statistically reliable information.

 


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

ê2005 Statutes of Nevada, Page 1164 (Chapter 328, AB 154)ê

 

      3.  The annual report of accountability must:

      (a) Comply with 20 U.S.C. § 6311(h)(1) and the regulations adopted pursuant thereto;

      (b) Be prepared in a concise manner; and

      (c) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.

      4.  On or before September 1 of each year, the State Board shall [provide] :

      (a) Provide for public dissemination of the annual report of accountability by posting a copy of the report on the Internet website maintained by the Department; and [submit a copy of]

      (b) Provide written notice that the report is available on the Internet website maintained by the Department. The written notice must be provided to the:

      [(a) Governor;

      (b) Committee;

      (c) Bureau;

      (d)] (1) Governor;

             (2) Committee;

             (3) Bureau;

             (4) Board of Regents of the University of Nevada;

      [(e)] (5) Board of trustees of each school district; and

      [(f)] (6) Governing body of each charter school.

      5.  Upon the request of the Governor, an entity described in paragraph (b) of subsection 4 or a member of the general public, the State Board shall provide a portion or portions of the annual report of accountability.

      6.  As used in this section:

      (a) “Highly qualified” has the meaning ascribed to it in 20 U.S.C. § 7801(23).

      (b) “Paraprofessional” has the meaning ascribed to it in NRS 391.008.

      Sec. 10.  NRS 385.347 is hereby amended to read as follows:

      385.347  1.  The board of trustees of each school district in this State, in cooperation with associations recognized by the State Board as representing licensed personnel in education in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the State Board for the quality of the schools and the educational achievement of the pupils in the district, including, without limitation, pupils enrolled in charter schools in the school district. The board of trustees of [a] each school district shall [report] :

      (a) Report the information required by subsection 2 for each charter school that is located within the school district, regardless of the sponsor of the charter school.

      (b) For the information that is reported in an aggregated format, include the data that is applicable to the charter schools sponsored by the school district but not the charter schools that are sponsored by the State Board.

      (c) Denote separately in the report those charter schools that are located within the school district and sponsored by the State Board.

      2.  The board of trustees of each school district shall, on or before August 15 of each year, prepare an annual report of accountability concerning:

      (a) The educational goals and objectives of the school district.

 


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

ê2005 Statutes of Nevada, Page 1165 (Chapter 328, AB 154)ê

 

      (b) Pupil achievement for each school in the district and the district as a whole, including, without limitation, each charter school in the district. The board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 389.015 and 389.550 and shall compare the results of those examinations for the current school year with those of previous school years. The report must include, for each school in the district, including, without limitation, each charter school in the district, and each grade in which the examinations were administered:

             (1) The number of pupils who took the examinations;

             (2) [An explanation of instances in which a school was exempt from administering or a pupil was exempt from taking an examination;

             (3)] A record of attendance for the period in which the examinations were administered, including an explanation of any difference in the number of pupils who took the examinations and the number of pupils who are enrolled in the school;

             [(4)] (3) Except as otherwise provided in this paragraph, pupil achievement, reported separately by gender and reported separately for the following subgroups of pupils:

                   (I) Pupils who are economically disadvantaged, as defined by the State Board;

                   (II) Pupils from major racial and ethnic groups, as defined by the State Board;

                   (III) Pupils with disabilities;

                   (IV) Pupils who are limited English proficient; and

                   (V) Pupils who are migratory children, as defined by the State Board;

             [(5)] (4) A comparison of the achievement of pupils in each subgroup identified in paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board;

             [(6)] (5) The percentage of pupils who were not tested;

             [(7)] (6) Except as otherwise provided in this paragraph, the percentage of pupils who were not tested, reported separately by gender and reported separately for the subgroups identified in subparagraph [(4);] (3);

             [(8)] (7) The most recent 3-year trend in pupil achievement in each subject area tested and each grade level tested pursuant to NRS 389.015 and 389.550, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available;

             [(9)] (8) Information that compares the results of pupils in the school district, including, without limitation, pupils enrolled in charter schools in the district, with the results of pupils throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison; and

             [(10)] (9) For each school in the district, including, without limitation, each charter school in the district, information that compares the results of pupils in the school with the results of pupils throughout the school district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

Ê A separate reporting for a subgroup of pupils must not be made pursuant to this paragraph if the number of pupils in that subgroup is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The State Board shall prescribe the mechanism for determining the minimum number of pupils that must be in a subgroup for that subgroup to yield statistically reliable information.

 


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

ê2005 Statutes of Nevada, Page 1166 (Chapter 328, AB 154)ê

 

prescribe the mechanism for determining the minimum number of pupils that must be in a subgroup for that subgroup to yield statistically reliable information.

      (c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, including, without limitation, each charter school in the district, and the average class size for each core academic subject, as set forth in NRS 389.018, for each secondary school in the district and the district as a whole, including, without limitation, each charter school in the district.

      (d) Information on the professional qualifications of teachers employed by each school in the district and the district as a whole, including, without limitation, each charter school in the district. The information must include, without limitation:

             (1) The percentage of teachers who are:

                   (I) Providing instruction pursuant to NRS 391.125;

                   (II) Providing instruction pursuant to a waiver of the requirements for licensure for the grade level or subject area in which the teachers are employed; or

                   (III) Otherwise providing instruction without an endorsement for the subject area in which the teachers are employed;

             (2) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, that are not taught by highly qualified teachers; [and]

             (3) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, that are not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools, which for the purposes of this subparagraph, means schools in the top quartile of poverty and the bottom quartile of poverty in this State [.] ;

             (4) For each middle school, junior high school and high school:

                   (I) On and after July 1, 2005, the number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level and subject area; and

                   (II) On and after July 1, 2006, the number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level and subject area; and

             (5) For each elementary school:

                   (I) On and after July 1, 2005, the number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level; and

                   (II) On and after July 1, 2006, the number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level.

      (e) The total expenditure per pupil for each school in the district and the district as a whole, including, without limitation, each charter school in the district. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, each school district shall use that statewide program in complying with this paragraph.

 


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

ê2005 Statutes of Nevada, Page 1167 (Chapter 328, AB 154)ê

 

educational expenditures and revenues to individual schools, each school district shall use that statewide program in complying with this paragraph. If a statewide program is not available, each school district shall use its own financial analysis program in complying with this paragraph.

      (f) The curriculum used by the school district, including:

            (1) Any special programs for pupils at an individual school; and

             (2) The curriculum used by each charter school in the district.

      (g) Records of the attendance and truancy of pupils in all grades, including, without limitation:

             (1) The average daily attendance of pupils, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

             (2) For each elementary school, middle school and junior high school in the district, including, without limitation, each charter school in the district that provides instruction to pupils enrolled in a grade level other than high school, information that compares the attendance of the pupils enrolled in the school with the attendance of pupils throughout the district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

      (h) The annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole, excluding pupils who:

             (1) Provide proof to the school district of successful completion of the examinations of general educational development.

             (2) Are enrolled in courses that are approved by the Department as meeting the requirements for an adult standard diploma.

             (3) Withdraw from school to attend another school.

      (i) Records of attendance of teachers who provide instruction, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

      (j) Efforts made by the school district and by each school in the district, including, without limitation, each charter school in the district, to increase:

             (1) Communication with the parents of pupils in the district; and

             (2) The participation of parents in the educational process and activities relating to the school district and each school, including, without limitation, the existence of parent organizations and school advisory committees.

      (k) Records of incidents involving weapons or violence for each school in the district, including, without limitation, each charter school in the district.

      (l) Records of incidents involving the use or possession of alcoholic beverages or controlled substances for each school in the district, including, without limitation, each charter school in the district.

      (m) Records of the suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467.

      (n) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

      (o) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033 or 392.125, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

 


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

ê2005 Statutes of Nevada, Page 1168 (Chapter 328, AB 154)ê

 

and the district as a whole, including, without limitation, each charter school in the district.

      (p) The transiency rate of pupils for each school in the district and the district as a whole, including, without limitation, each charter school in the district. For the purposes of this paragraph, a pupil is not transient if he is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.

      (q) Each source of funding for the school district.

      (r) A compilation of the programs of remedial study that are purchased in whole or in part with money received from this State, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. The compilation must include:

             (1) The amount and sources of money received for programs of remedial [education] study for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

             (2) An identification of each program of remedial study, listed by subject area.

      (s) For each high school in the district, including, without limitation, each charter school in the district, the percentage of pupils who graduated from that high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university or community college within the University and Community College System of Nevada.

      (t) The technological facilities and equipment available at each school, including, without limitation, each charter school, and the district’s plan to incorporate educational technology at each school.

      (u) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who received:

             (1) A standard high school diploma.

             (2) An adjusted diploma.

             (3) A certificate of attendance.

      (v) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.

      (w) The number of habitual truants who are reported to a school police officer or law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144 and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, for each school in the district and for the district as a whole.

      (x) The amount and sources of money received for the training and professional development of teachers and other educational personnel for each school in the district and for the district as a whole, including, without limitation, each charter school in the district.

      (y) Whether the school district has made adequate yearly progress. If the school district has been designated as demonstrating need for improvement pursuant to NRS 385.377, the report must include a statement indicating the number of consecutive years the school district has carried that designation.

 


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

ê2005 Statutes of Nevada, Page 1169 (Chapter 328, AB 154)ê

 

      (z) Information on whether each public school in the district, including, without limitation, each charter school in the district, has made adequate yearly progress, including, without limitation:

             (1) The number and percentage of schools in the district, if any, that have been designated as needing improvement pursuant to NRS 385.3623; and

             (2) The name of each school, if any, in the district that has been designated as needing improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation.

      (aa) Information on the paraprofessionals employed by each public school in the district, including, without limitation, each charter school the district. The information must include:

             (1) The number of paraprofessionals employed at the school; and

             (2) The number and percentage of all paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C. § 6319(c). The reporting requirements of this subparagraph apply to paraprofessionals who are employed in positions supported with Title I money and to paraprofessionals who are not employed in positions supported with Title I money.

      (bb) For each high school in the district, including, without limitation, each charter school that operates as a high school, information that provides a comparison of the rate of graduation of pupils enrolled in the high school with the rate of graduation of pupils throughout the district and throughout this State. The information required by this paragraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

      (cc) An identification of the appropriations made by the Legislature that are available to the school district or the schools within the district and programs approved by the Legislature to improve the academic achievement of pupils.

      (dd) Such other information as is directed by the Superintendent of Public Instruction.

      3.  The records of attendance maintained by a school for purposes of paragraph (i) of subsection 2 must include the number of teachers who are in attendance at school and the number of teachers who are absent from school. A teacher shall be deemed in attendance if the teacher is excused from being present in the classroom by the school in which he is employed for one of the following reasons:

      (a) Acquisition of knowledge or skills relating to the professional development of the teacher; or

      (b) Assignment of the teacher to perform duties for cocurricular or extracurricular activities of pupils.

      4.  The annual report of accountability prepared pursuant to subsection 2 must:

      (a) Comply with 20 U.S.C. § 6311(h)(2) and the regulations adopted pursuant thereto; and

      (b) Be presented in an understandable and uniform format and , to the extent practicable, provided in a language that parents can understand.

      5.  The Superintendent of Public Instruction shall:

      (a) Prescribe forms for the reports required pursuant to subsection 2 and provide the forms to the respective school districts.

      (b) Provide statistical information and technical assistance to the school districts to ensure that the reports provide comparable information with respect to each school in each district and among the districts throughout this State.

 


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

ê2005 Statutes of Nevada, Page 1170 (Chapter 328, AB 154)ê

 

respect to each school in each district and among the districts throughout this State.

      (c) Consult with a representative of the:

             (1) Nevada State Education Association;

             (2) Nevada Association of School Boards;

             (3) Nevada Association of School Administrators;

             (4) Nevada Parent Teacher Association;

             (5) Budget Division of the Department of Administration; and

             (6) Legislative Counsel Bureau,

Ê concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

      6.  The Superintendent of Public Instruction may consult with representatives of parent groups other than the Nevada Parent Teacher Association concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

      7.  On or before [April 1] August 15 of each year, the board of trustees of each school district shall submit to [:

      (a) Each] each advisory board to review school attendance created in the county pursuant to NRS 392.126 the information required in paragraph (g) of subsection 2.

      [(b) The Commission on Educational Technology created by NRS 388.790 the information prepared by the board of trustees pursuant to paragraph (t) of subsection 2.]

      8.  On or before August 15 of each year, the board of trustees of each school district shall:

      (a) [Submit] Provide written notice that the report required pursuant to subsection 2 is available on the Internet website maintained by the school district, if any, or otherwise provide written notice of the availability of the report. The written notice must be provided to the:

             (1) Governor;

             (2) State Board;

             (3) Department;

             (4) Committee; and

             (5) Bureau.

      (b) Provide for public dissemination of the annual report of accountability prepared pursuant to subsection 2 in the manner set forth in 20 U.S.C. § 6311(h)(2)(E) by posting a copy of the report on the Internet website maintained by the school district, if any. If a school district does not maintain a website, the district shall otherwise provide for public dissemination of the annual report by providing a copy of the report to the schools in the school district, including, without limitation, each charter school in the district, the residents of the district, and the parents and guardians of pupils enrolled in schools in the district, including, without limitation, each charter school in the district.

      9.  Upon the request of the Governor, an entity described in paragraph (a) of subsection 8 or a member of the general public, the board of trustees of a school district shall provide a portion or portions of the report required pursuant to subsection 2.

      10.  As used in this section:

      (a) “Highly qualified” has the meaning ascribed to it in 20 U.S.C. § 7801(23).

 


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

ê2005 Statutes of Nevada, Page 1171 (Chapter 328, AB 154)ê

 

      (b) “Paraprofessional” has the meaning ascribed to it in NRS 391.008.

      Sec. 11.  NRS 385.3613 is hereby amended to read as follows:

      385.3613  1.  [On] Except as otherwise provided in subsection 2, on or before June 15 of each year, the Department shall determine whether each public school is making adequate yearly progress, as defined by the State Board pursuant to NRS 385.361.

      2.  On or before June 30 of each year, the Department shall determine whether each public school that operates on a schedule other than a traditional 9-month schedule is making adequate yearly progress, as defined by the State Board pursuant to NRS 385.361.

      3.  The determination pursuant to subsection 1 or 2, as applicable, for a public school, including, without limitation, a charter school sponsored by the board of trustees of the school district, must be made in consultation with the board of trustees of the school district in which the public school is located. If a charter school is sponsored by the State Board, the Department shall make a determination for the charter school in consultation with the State Board. The determination made for each school must be based only upon the information and data for those pupils who are enrolled in the school for a full academic year. On or before June 15 or June 30 of each year, as applicable, the Department shall transmit:

      (a) Except as otherwise provided in paragraph (b), the determination made for each public school to the board of trustees of the school district in which the public school is located.

      (b) To the State Board the determination made for each charter school that is sponsored by the State Board.

      [2.] 4.  Except as otherwise provided in this subsection, the Department shall determine that a public school has failed to make adequate yearly progress if any subgroup identified in paragraph (b) of subsection 1 of NRS 385.361 does not satisfy the annual measurable objectives established by the State Board pursuant to that section. To comply with 20 U.S.C. § 6311(b)(2)(I) and the regulations adopted pursuant thereto, the State Board shall prescribe by regulation the conditions under which a school shall be deemed to have made adequate yearly progress even though a subgroup identified in paragraph (b) of subsection 1 of NRS 385.361 did not satisfy the annual measurable objectives of the State Board.

      [3.] 5.  In addition to the provisions of subsection [2,] 4, the Department shall determine that a public school has failed to make adequate yearly progress if:

      (a) The number of pupils enrolled in the school who took the examinations administered pursuant to NRS 389.550 or the high school proficiency examination, as applicable, is less than 95 percent of all pupils enrolled in the school who were required to take the examinations; or

      (b) Except as otherwise provided in subsection [4,] 6, for each subgroup of pupils identified in paragraph (b) of subsection 1 of NRS 385.361, the number of pupils in the subgroup enrolled in the school who took the examinations administered pursuant to NRS 389.550 or the high school proficiency examination, as applicable, is less than 95 percent of all pupils in that subgroup enrolled in the school who were required to take the examinations.

      [4.] 6.  If the number of pupils in a particular subgroup who are enrolled in a public school is insufficient to yield statistically reliable information:

 


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

ê2005 Statutes of Nevada, Page 1172 (Chapter 328, AB 154)ê

 

      (a) The Department shall not determine that the school has failed to make adequate yearly progress pursuant to paragraph (b) of subsection [3] 5 based solely upon that particular subgroup.

      (b) The pupils in such a subgroup must be included in the overall count of pupils enrolled in the school who took the examinations.

Ê The State Board shall prescribe the mechanism for determining the number of pupils that must be in a subgroup for that subgroup to yield statistically reliable information.

      [5.] 7.  If an irregularity in testing administration or an irregularity in testing security occurs at a school and the irregularity invalidates the test scores of pupils, those test scores must [not] be included in the scores of pupils reported for the school , [and] the attendance of those pupils must [not] be counted towards the total number of pupils who took the examinations [, but] and the pupils must be included in the total number of pupils who were required to take the examinations. [If the pupils take an additional administration of the examinations during the same school year, the scores of pupils on those examinations must not be included in the scores of pupils reported for the school.

      6.] 8.  As used in this section:

      (a) “Irregularity in testing administration” has the meaning ascribed to it in NRS 389.604.

      (b) “Irregularity in testing security” has the meaning ascribed to it in NRS 389.608.

      Sec. 12.  NRS 385.3622 is hereby amended to read as follows:

      385.3622  If the Department determines that a public school has failed to make adequate yearly progress pursuant to subsection [3] 5 of NRS 385.3613:

      1.  The Department or its designee shall, to the extent money is available, monitor at the school the administration of the examinations that are required pursuant to NRS 389.550 and ensure that all eligible pupils who are in attendance on the day of the administration of the examinations are given an opportunity to take the examinations until the percentage of pupils who take the examinations is 95 percent or more of all pupils enrolled in the school who are required to take the examinations.

      2.  The school is not required to adopt a program of remedial study pursuant to NRS 385.389 and is not eligible to receive money for remedial programs made available by legislative appropriation for the purposes of NRS 385.389.

      Sec. 13.  NRS 385.366 is hereby amended to read as follows:

      385.366  1.  Based upon the information received from the Department pursuant to NRS 385.3613, the board of trustees of each school district shall , [designate,] on or before July 1 of each year, issue a preliminary designation for each public school in the school district in accordance with the criteria set forth in NRS 385.3623, excluding charter schools sponsored by the State Board. The board of trustees shall make preliminary designations for all charter schools that are sponsored by the board of trustees. The Department shall make preliminary designations for all charter schools that are sponsored by the State Board. The initial designation of a school as demonstrating need for improvement must be based upon 2 consecutive years of data and information for that school.

      2.  [If the board of trustees of a school district or the Department, as applicable, determines that a public school is demonstrating need for improvement, the board of trustees or the Department shall issue a preliminary designation for that school on or before July 1.]

 


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

ê2005 Statutes of Nevada, Page 1173 (Chapter 328, AB 154)ê

 

improvement, the board of trustees or the Department shall issue a preliminary designation for that school on or before July 1.] Before making a final designation for [the] a school, the board of trustees of the school district or the Department, as applicable, shall provide the school an opportunity to review the data upon which the [proposed] preliminary designation is based and to present evidence in the manner set forth in 20 U.S.C. § 6316(b)(2) and the regulations adopted pursuant thereto. If the school is a public school of the school district or a charter school sponsored by the board of trustees, the board of trustees of the school district shall, in consultation with the Department, make a final determination concerning the designation for the school on August 1. If the school is a charter school sponsored by the State Board, the Department shall make a final determination concerning the designation for the school on August 1.

      3.  On or before August 1 of each year, the Department shall provide written notice of the determinations made pursuant to NRS 385.3613 and the final designations made pursuant to this section as follows:

      (a) The determinations and final designations made for all schools in this State to the:

             (1) Governor;

             (2) State Board;

             (3) Committee; and

             (4) Bureau.

      (b) The determinations and final designations made for all schools within a school district to the:

             (1) Superintendent of schools of the school district; and

             (2) Board of trustees of the school district.

      (c) The determination and final designation made for each school to the principal of the school.

      Sec. 14.  NRS 385.3771 is hereby amended to read as follows:

      385.3771  1.  The Department shall , [designate,] on or before July 1 of each year, issue a preliminary designation for each school district pursuant to NRS 385.377. The initial designation of a school district as demonstrating need for improvement must be based upon 2 consecutive years of data and information for that school district.

      2.  [If the Department determines that a school district is demonstrating need for improvement, the Department shall issue a preliminary designation for that school district on July 1.] Before making a final designation for a school district, the Department shall provide the school district an opportunity to review the data upon which the [proposed] preliminary designation is based and to present evidence in the manner set forth in 20 U.S.C. § 6316(c)(5) and the regulations adopted pursuant thereto. Not later than August 1, the Department shall make a final determination concerning the designation of the school district.

      3.  On or before August 1 of each year, the Department shall provide written notice of the determinations made pursuant to NRS 385.3762 and the final designations made pursuant to this section as follows:

      (a) The determinations and final designations made for all school districts in this State to the:

             (1) Governor;

             (2) State Board;

             (3) Committee; and

             (4) Bureau.

 


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

ê2005 Statutes of Nevada, Page 1174 (Chapter 328, AB 154)ê

 

      (b) The determination and final designation made for a school district to the:

             (1) Superintendent of schools of the school district; and

             (2) Board of trustees of the school district.

      4.  On or before August 1 of each year, the Department shall make public the results of the review of school districts pursuant to this section and disseminate the results to school personnel, parents and guardians, pupils and members of the general public. The publication and distribution must be made in the manner set forth in 20 U.S.C. § 6316(c)(1) and the regulations adopted pursuant thereto.

      Sec. 15.  NRS 386.605 is hereby amended to read as follows:

      386.605  1.  On or before July 15 of each year, the governing body of [each] a charter school that is sponsored by the board of trustees of a school district shall submit the information concerning the charter school that is required pursuant to subsection 2 of NRS 385.347 to the board of trustees [of the school district in which] that sponsors the charter school [is located, regardless of the sponsor of the charter school,] for inclusion in the report of the school district pursuant to that section. The information must be submitted by the charter school in a format prescribed by the board of trustees.

      2.  [On or before August 15 of each year, the governing body of each charter school shall submit the information applicable to the charter school that is contained in the report pursuant to paragraph (t) of subsection 2 of NRS 385.347 to the Commission on Educational Technology created pursuant to NRS 388.790.] On or before July 15 of each year, the governing body of a charter school that is sponsored by the State Board shall submit the information described in subsection 2 of NRS 385.347 to the Department in a format prescribed by the Department. The Department shall forward the information to the school district in which the charter school is located for inclusion in the summary that is prepared by the school district pursuant to section 3 of this act and the report that is prepared by the school district pursuant to NRS 385.347.

      3.  The Legislative Bureau of Educational Accountability and Program Evaluation created pursuant to NRS 218.5356 may authorize a person or entity with whom it contracts pursuant to NRS 385.359 to review and analyze information submitted by charter schools pursuant to this section and NRS 385.357, consult with the governing bodies of charter schools and submit written reports concerning charter schools pursuant to NRS 385.359.

      Sec. 16.  NRS 386.650 is hereby amended to read as follows:

      386.650  1.  The Department shall establish and maintain an automated system of accountability information for Nevada. The system must:

      (a) Have the capacity to provide and report information, including, without limitation, the results of the achievement of pupils:

             (1) In the manner required by 20 U.S.C. §§ 6301 et seq., and the regulations adopted pursuant thereto, and NRS 385.3469 and 385.347; and

             (2) In a separate reporting for each subgroup of pupils identified in paragraph (b) of subsection 1 of NRS 385.361;

      (b) Include a system of unique identification for each pupil:

             (1) To ensure that individual pupils may be tracked over time throughout this State; and

             (2) That, to the extent practicable, may be used for purposes of identifying a pupil for both the public schools and the University and Community College System of Nevada, if that pupil enrolls in the System after graduation from high school;

 


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

ê2005 Statutes of Nevada, Page 1175 (Chapter 328, AB 154)ê

 

Community College System of Nevada, if that pupil enrolls in the System after graduation from high school;

      (c) Have the capacity to provide longitudinal comparisons of the academic achievement, rate of attendance and rate of graduation of pupils over time throughout this State;

      (d) Have the capacity to perform a variety of longitudinal analyses of the results of individual pupils on assessments, including, without limitation, the results of pupils by classroom and by school;

      (e) Have the capacity to identify which teachers are assigned to individual pupils and which paraprofessionals, if any, are assigned to provide services to individual pupils;

      (f) Have the capacity to provide other information concerning schools and school districts that is not linked to individual pupils, including, without limitation, the designation of schools and school districts pursuant to NRS 385.3623 and 385.377, respectively, and an identification of which schools, if any, are persistently dangerous;

      (g) Have the capacity to access financial accountability information for each public school, including, without limitation, each charter school, for each school district and for this State as a whole; and

      (h) Be designed to improve the ability of the Department, school districts and the public schools in this State, including, without limitation, charter schools, to account for the pupils who are enrolled in the public schools, including, without limitation, charter schools.

Ê The information maintained pursuant to paragraphs (c), (d) and (e) must not be used for the purpose of evaluating an individual teacher or paraprofessional.

      2.  The board of trustees of each school district shall:

      (a) Adopt and maintain the program prescribed by the Superintendent of Public Instruction pursuant to subsection 3 for the collection, maintenance and transfer of data from the records of individual pupils to the automated system of information, including, without limitation, the development of plans for the educational technology which is necessary to adopt and maintain the program;

      (b) Provide to the Department electronic data concerning pupils as required by the Superintendent of Public Instruction pursuant to subsection 3; and

      (c) Ensure that an electronic record is maintained in accordance with subsection 3 of NRS 386.655.

      3.  The Superintendent of Public Instruction shall:

      (a) Prescribe a uniform program throughout this State for the collection, maintenance and transfer of data that each school district must adopt, which must include standardized software;

      (b) Prescribe the data to be collected and reported to the Department by each school district and each sponsor of a charter school pursuant to subsection 2 . [, including, without limitation, data relating to each charter school located within a school district regardless of the sponsor of the charter school;]

      (c) Prescribe the format for the data;

      (d) Prescribe the date by which each school district shall report the data;

      (e) Prescribe the date by which each charter school [located within a school district] shall report the data to the [school district for incorporation into the report of the school district, regardless of the] sponsor of the charter school;

 


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

ê2005 Statutes of Nevada, Page 1176 (Chapter 328, AB 154)ê

 

into the report of the school district, regardless of the] sponsor of the charter school;

      (f) Prescribe standardized codes for all data elements used within the automated system and all exchanges of data within the automated system, including, without limitation, data concerning:

             (1) Individual pupils;

             (2) Individual teachers and paraprofessionals;

             (3) Individual schools and school districts; and

             (4) Programs and financial information;

      (g) Provide technical assistance to each school district to ensure that the data from each public school in the school district, including, without limitation, each charter school located within the school district, is compatible with the automated system of information and comparable to the data reported by other school districts; and

      (h) Provide for the analysis and reporting of the data in the automated system of information.

      4.  The Department shall establish, to the extent authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, a mechanism by which persons or entities, including, without limitation, state officers who are members of the Executive or Legislative Branch, administrators of public schools and school districts, teachers and other educational personnel, and parents and guardians, will have different types of access to the accountability information contained within the automated system to the extent that such information is necessary for the performance of a duty or to the extent that such information may be made available to the general public without posing a threat to the confidentiality of an individual pupil.

      5.  The Department may, to the extent authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, enter into an agreement with the University and Community College System of Nevada to provide access to data contained within the automated system for research purposes.

      Sec. 17.  NRS 386.655 is hereby amended to read as follows:

      386.655  1.  The Department, the school districts and the public schools, including, without limitation, charter schools, shall, in operating the automated system of information established pursuant to NRS 386.650, comply with the provisions of:

      (a) For all pupils, the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto; and

      (b) For pupils with disabilities who are enrolled in programs of special education, the provisions governing access to education records and confidentiality of information prescribed in the Individuals with Disabilities Education Act, 20 U.S.C. § 1417(c), and the regulations adopted pursuant thereto.

      2.  Except as otherwise provided in 20 U.S.C. § 1232g(b) and any other applicable federal law, a public school, including, without limitation, a charter school, shall not release the education records of a pupil to a person or an agency of a federal, state or local government without the written consent of the parent or legal guardian of the pupil.

      3.  In addition to the record required pursuant to 20 U.S.C. § 1232g(b)(4)(A), each school district and each sponsor of a charter school shall maintain within the automated system of information an electronic record of all persons and agencies who have requested the education record of a pupil or obtained access to the education record of a pupil, or both, pursuant to 20 U.S.C. § 1232g.

 


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

ê2005 Statutes of Nevada, Page 1177 (Chapter 328, AB 154)ê

 

record of all persons and agencies who have requested the education record of a pupil or obtained access to the education record of a pupil, or both, pursuant to 20 U.S.C. § 1232g. The electronic record must be maintained and may only be disclosed in accordance with the provisions of 20 U.S.C. § 1232g. A charter school shall provide to the [school district in which the charter school is located] sponsor of the charter school such information as is necessary for the [school district] sponsor to carry out the provisions of this subsection . [, regardless of the sponsor of the charter school.]

      4.  The right accorded to a parent or legal guardian of a pupil pursuant to subsection 2 devolves upon the pupil on the date on which he attains the age of 18 years.

      5.  As used in this section, unless the context otherwise requires, “education records” has the meaning ascribed to it in 20 U.S.C. § 1232g(a)(4).

      Sec. 18.  NRS 388.795 is hereby amended to read as follows:

      388.795  1.  The Commission shall establish a plan for the use of educational technology in the public schools of this State. In preparing the plan, the Commission shall consider:

      (a) Plans that have been adopted by the Department and the school districts in this State;

      (b) Plans that have been adopted in other states;

      (c) The information [submitted to the Commission by the board of trustees of each school district pursuant to subsection 7 of] reported pursuant to paragraph (t) of subsection 2 of NRS 385.347; and

      (d) Any other information that the Commission or the Committee deems relevant to the preparation of the plan.

      2.  The plan established by the Commission must include recommendations for methods to:

      (a) Incorporate educational technology into the public schools of this State;

      (b) Increase the number of pupils in the public schools of this State who have access to educational technology;

      (c) Increase the availability of educational technology to assist licensed teachers and other educational personnel in complying with the requirements of continuing education, including, but not limited to, the receipt of credit for college courses completed through the use of educational technology;

      (d) Facilitate the exchange of ideas to improve the achievement of pupils who are enrolled in the public schools of this State; and

      (e) Address the needs of teachers in incorporating the use of educational technology in the classroom, including, but not limited to, the completion of training that is sufficient to enable the teachers to instruct pupils in the use of educational technology.

      3.  The Department shall provide:

      (a) Administrative support;

      (b) Equipment; and

      (c) Office space,

Ê as is necessary for the Commission to carry out the provisions of this section.

      4.  The following entities shall cooperate with the Commission in carrying out the provisions of this section:

      (a) The State Board.

      (b) The board of trustees of each school district.

 


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

ê2005 Statutes of Nevada, Page 1178 (Chapter 328, AB 154)ê

 

      (c) The superintendent of schools of each school district.

      (d) The Department.

      5.  The Commission shall:

      (a) Develop technical standards for educational technology and any electrical or structural appurtenances necessary thereto, including, without limitation, uniform specifications for computer hardware and wiring, to ensure that such technology is compatible, uniform and can be interconnected throughout the public schools of this State.

      (b) Allocate money to the school districts from the Trust Fund for Educational Technology created pursuant to NRS 388.800 and any money appropriated by the Legislature for educational technology, subject to any priorities for such allocation established by the Legislature.

      (c) Establish criteria for the board of trustees of a school district that receives an allocation of money from the Commission to:

             (1) Repair, replace and maintain computer systems.

             (2) Upgrade and improve computer hardware and software and other educational technology.

             (3) Provide training, installation and technical support related to the use of educational technology within the district.

      (d) Submit to the Governor, the Committee and the Department its plan for the use of educational technology in the public schools of this State and any recommendations for legislation.

      (e) Review the plan annually and make revisions as it deems necessary or as directed by the Committee or the Department.

      (f) In addition to the recommendations set forth in the plan pursuant to subsection 2, make further recommendations to the Committee and the Department as the Commission deems necessary.

      6.  The Commission may appoint an advisory committee composed of members of the Commission or other qualified persons to provide recommendations to the Commission regarding standards for the establishment, coordination and use of a telecommunications network in the public schools throughout the various school districts in this State. The advisory committee serves at the pleasure of the Commission and without compensation unless an appropriation or other money for that purpose is provided by the Legislature.

      7.  As used in this section, “public school” includes the Caliente Youth Center, the Nevada Youth Training Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS.

      Sec. 19.  NRS 389.550 is hereby amended to read as follows:

      389.550  1.  The State Board shall, in consultation with the Council, prescribe examinations that comply with 20 U.S.C. § 6311(b)(3) and that measure the achievement and proficiency of pupils:

      (a) For grades 3, 4, 5, 6, 7 and 8 in the standards of content established by the Council for the subjects of English and mathematics.

      (b) For grades 5 and 8, in the standards of content established by the Council for the subject of science.

Ê The examinations prescribed pursuant to this subsection must be written, developed, printed and scored by a nationally recognized testing company.

      2.  In addition to the examinations prescribed pursuant to subsection 1, the State Board shall, in consultation with the Council, prescribe a writing examination for grades [4] 5 and 8 and for the high school proficiency examination.

 


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

ê2005 Statutes of Nevada, Page 1179 (Chapter 328, AB 154)ê

 

      3.  The board of trustees of each school district and the governing body of each charter school shall administer the examinations prescribed by the State Board. The examinations must be:

      (a) Administered to pupils in each school district and each charter school at the same time during the spring semester, as prescribed by the State Board.

      (b) Administered in each school in accordance with uniform procedures adopted by the State Board. The Department shall monitor the school districts and individual schools to ensure compliance with the uniform procedures.

      (c) Administered in each school in accordance with the plan adopted pursuant to NRS 389.616 by the Department and with the plan adopted pursuant to NRS 389.620 by the board of trustees of the school district in which the examinations are administered. The Department shall monitor the compliance of school districts and individual schools with:

             (1) The plan adopted by the Department; and

             (2) The plan adopted by the board of trustees of the applicable school district, to the extent that the plan adopted by the board of trustees of the school district is consistent with the plan adopted by the Department.

      Sec. 20.  NRS 389.632 is hereby amended to read as follows:

      389.632  1.  [Except as otherwise provided in subsection 8, if] If the Department determines:

      (a) That at least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during 1 school year on the examinations administered pursuant to NRS 389.015, excluding the high school proficiency examination;

      (b) That in the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.015, excluding the high school proficiency examination; and

      (c) Based upon the criteria set forth in subsection 5, that the irregularities described in paragraphs (a) and (b) warrant an additional administration of the examinations,

Ê the Department shall notify the school and the school district in which the school is located that the school is required to provide for an additional administration of the examinations to pupils who are enrolled in a grade that is required to take the examinations pursuant to NRS 389.015, excluding the high school proficiency examination, or to the pupils the Department determines must take the additional administration pursuant to subsection 6. The additional administration must occur in the same school year in which the irregularity described in paragraph (b) occurred. Except as otherwise provided in this subsection, the school district shall pay for all costs related to the administration of examinations pursuant to this subsection. If a charter school is required to administer examinations pursuant to this subsection, the charter school shall pay for all costs related to the administration of the examinations to pupils enrolled in the charter school.

      2.  If the Department determines that:

      (a) At least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during 1 school year on the examinations administered pursuant to NRS 389.550;

      (b) In the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.550; and

 


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

ê2005 Statutes of Nevada, Page 1180 (Chapter 328, AB 154)ê

 

      (c) Based upon the criteria set forth in subsection 5, that the irregularities described in paragraphs (a) and (b) warrant an additional administration of the examinations,

Ê the Department shall notify the school and the school district in which the school is located that the school is required to provide for an additional administration of the examinations to pupils who are enrolled in a grade that is required to take the examinations pursuant to NRS 389.550 or to the pupils the Department determines must take the additional administration pursuant to subsection 6. The additional administration must occur in the same school year in which the irregularity described in paragraph (b) occurred. The school district shall pay for all costs related to the administration of examinations pursuant to this subsection.

      3.  If the Department determines that:

      (a) At least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during 1 school year on the examinations administered pursuant to NRS 389.015, excluding the high school proficiency examination;

      (b) In the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.550; and

      (c) Based upon the criteria set forth in subsection 5, that the irregularities described in paragraphs (a) and (b) warrant an additional administration of the examinations,

Ê the Department shall notify the school and the school district in which the school is located that the school is required to provide for an additional administration of the examinations to pupils who are enrolled in a grade that is required to take the examinations pursuant to NRS 389.550 or to the pupils the Department determines must take the additional administration pursuant to subsection 6. The additional administration must occur in the same school year in which the irregularity described in paragraph (b) occurred. The school district shall pay for all costs related to the administration of examinations pursuant to this subsection.

      4.  [Except as otherwise provided in subsection 8, if] If the Department determines that:

      (a) At least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during 1 school year on the examinations administered pursuant to NRS 389.550;

      (b) In the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.015, excluding the high school proficiency examination; and

      (c) Based upon the criteria set forth in subsection 5, that the irregularities described in paragraphs (a) and (b) warrant an additional administration of the examinations,

Ê the Department shall notify the school and the school district in which the school is located that the school is required to provide for an additional administration of the examinations to pupils who are enrolled in a grade that is required to take the examinations pursuant to NRS 389.015, excluding the high school proficiency examination, or to the pupils the Department determines must take the additional administration pursuant to subsection 6. The additional administration must occur in the same school year in which the irregularity described in paragraph (b) occurred. The school district shall pay for all costs related to the administration of examinations pursuant to this subsection.

 


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

ê2005 Statutes of Nevada, Page 1181 (Chapter 328, AB 154)ê

 

pay for all costs related to the administration of examinations pursuant to this subsection.

      5.  In determining whether to require a school to provide for an additional administration of examinations pursuant to this section, the Department shall consider:

      (a) The effect of each irregularity in testing administration, including, without limitation, whether the irregularity required the scores of pupils to be invalidated; and

      (b) Whether sufficient time remains in the school year to provide for an additional administration of examinations.

      6.  If the Department determines pursuant to subsection 5 that a school must provide for an additional administration of examinations, the Department may consider whether the most recent irregularity in testing administration affected the test scores of a limited number of pupils and require the school to provide an additional administration of examinations pursuant to this section only to those pupils whose test scores were affected by the most recent irregularity.

      7.  The Department shall provide as many notices pursuant to this section during 1 school year as are applicable to the irregularities occurring at a school. A school shall provide for additional administrations of examinations pursuant to this section within 1 school year as applicable to the irregularities occurring at the school.

      [8.  If a school is required to provide an additional administration of examinations pursuant to NRS 385.3621 for a school year, the school is not required to provide for an additional administration pursuant to this section in that school year. The Department shall ensure that the information required pursuant to paragraph (b) of subsection 3 of NRS 389.648 is included in its report for the additional administration provided by such a school pursuant to NRS 385.3621.]

      Sec. 21.  NRS 394.331 is hereby amended to read as follows:

      394.331  All fees collected pursuant to the provisions of the Private Elementary and Secondary Education Authorization Act must be deposited in the State Treasury [to the credit of the General Fund,] for credit to the appropriate account of the Department of Education, and no fees so collected are subject to refund. The fees to be collected by the Superintendent must accompany an application for a license to operate or for renewal of the license, an application for an agent’s permit or for renewal of the permit, or a filing for an exemption or for renewal of the exemption, in accordance with the following schedule:

      1.  The application fee for an elementary or secondary educational institution is $300.

      2.  The renewal fee for an elementary or secondary educational institution is $250.

      3.  The application fee for a new license by reason of a change of ownership is $250.

      4.  The fee for an agent’s permit or for renewal of the permit is $50.

      Sec. 22.  Section 107 of chapter 1, Statutes of Nevada 2003, 19th Special Session, at page 89, is hereby amended to read as follows:

      Sec. 107.  The high school proficiency examination that measures the performance of pupils on the standards of content and performance in science must first be administered to pupils enrolled in grade [11] 10 in the 2007-2008 school year, who must pass the examination before the completion of grade 12 to graduate with a standard high school diploma in the [2008-2009] 2009-2010 school year.

 


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

ê2005 Statutes of Nevada, Page 1182 (Chapter 328, AB 154)ê

 

examination before the completion of grade 12 to graduate with a standard high school diploma in the [2008-2009] 2009-2010 school year.

      Sec. 23.  NRS 385.3621 is hereby repealed.

      Sec. 24.  1.  On or before August 1, 2005, the Department of Education shall prescribe a form for the summary of accountability information required of:

      (a) The State Board of Education pursuant to section 2 of this act.

      (b) The board of trustees of each school district pursuant to section 3 of this act.

      (c) The principal of each public school pursuant to section 4 of this act.

      2.  The Department of Education shall ensure that each school district and public school has access to the appropriate form to ensure compliance with the deadline for submission of the summary of accountability information prescribed in sections 3 and 4 of this act.

      Sec. 25.  1.  This section and sections 11 and 24 of this act become effective upon passage and approval.

      2.  Sections 2, 3 and 4 of this act become effective upon passage and approval for the purpose of the Department of Education prescribing forms for the summary of accountability information and on July 1, 2005, for all other purposes.

      3.  Sections 1, 5 to 10, inclusive, and 12 to 23, inclusive, of this act become effective on July 1, 2005.

________

 

CHAPTER 329, AB 462

Assembly Bill No. 462–Committee on Ways and Means

 

CHAPTER 329

 

AN ACT relating to elected state officers; increasing the salaries of certain constitutional officers; providing for increases in the salaries of such officers and the compensation of members of the Legislature; and providing other matters properly relating thereto.

 

[Approved: June 10, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 223.050 is hereby amended to read as follows:

      223.050  1.  Until the first Monday in January [1999,] 2007, the Governor is entitled to receive an annual salary of [$90,000. From and after] $117,000. From the first Monday in January [1999,] 2007, until the first Monday in January 2011, the Governor is entitled to receive an annual salary of [$117,000.] $141,000.

      2.  On the first Monday in January 2011 and on the first Monday of every fourth year thereafter, the salary of the Governor must be increased by an amount equal to the cumulative percentage increase in the salaries of the classified employees of this State during the immediately preceding term of the Governor.

 


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

ê2005 Statutes of Nevada, Page 1183 (Chapter 329, AB 462)ê

 

      Sec. 2.  NRS 224.050 is hereby amended to read as follows:

      224.050  1.  Until the first Monday in January [1999,] 2007, the Lieutenant Governor is entitled to receive an annual salary of [$20,000. From and after] $50,000. From the first Monday in January [1999,] 2007, until the first Monday in January 2011, the Lieutenant Governor is entitled to receive an annual salary of [$50,000.] $60,000.

      2.  On the first Monday in January 2011 and on the first Monday of every fourth year thereafter, the salary of the Lieutenant Governor must be increased by an amount equal to the cumulative percentage increase in the salaries of the classified employees of this State during the immediately preceding term of the Lieutenant Governor.

      3.  In addition to the annual salary provided for in [subsection 1,] subsections 1 and 2, the Lieutenant Governor is entitled to receive the compensation provided for a majority of the members of the Legislature during the first 60 days of the session and the per diem allowance and travel expenses authorized for the members of the Legislature.

      [3.] 4.  In addition to the salary provided in subsections [1 and 2,] 1, 2 and 3, the Lieutenant Governor is entitled to receive $130 for each day on which he is actually employed as Governor and the per diem allowance and travel expenses as provided for state officers and employees generally when acting as Governor, or when discharging other official duties as Lieutenant Governor, at times when the Legislature is not in session.

      Sec. 3.  NRS 225.050 is hereby amended to read as follows:

      225.050  1.  Until the first Monday in January [1999,] 2007, the Secretary of State is entitled to receive an annual salary of [$62,500. From and after] $80,000. From the first Monday in January [1999,] 2007, until the first Monday in January 2011, the Secretary of State is entitled to receive an annual salary of [$80,000.] $97,000.

      2.  On the first Monday in January 2011 and on the first Monday of every fourth year thereafter, the salary of the Secretary of State must be increased by an amount equal to the cumulative percentage increase in the salaries of the classified employees of this State during the immediately preceding term of the Secretary of State.

      Sec. 4.  NRS 226.090 is hereby amended to read as follows:

      226.090  1.  Until the first Monday in January [1999,] 2007, the State Treasurer is entitled to receive an annual salary of [$62,500. From and after] $80,000. From the first Monday in January [1999,] 2007, until the first Monday in January 2011, the State Treasurer is entitled to receive an annual salary of [$80,000.] $97,000.

      2.  On the first Monday in January 2011 and on the first Monday of every fourth year thereafter, the salary of the State Treasurer must be increased by an amount equal to the cumulative percentage increase in the salaries of the classified employees of this State during the immediately preceding term of the State Treasurer.

      Sec. 5.  NRS 227.060 is hereby amended to read as follows:

      227.060  1.  Until the first Monday in January [1999,] 2007, the State Controller is entitled to receive an annual salary of [$62,500. From and after] $80,000. From the first Monday in January [1999,] 2007, until the first Monday in January 2011, the State Controller is entitled to receive an annual salary of [$80,000.] $97,000.

      2.  On the first Monday in January 2011 and on the first Monday of every fourth year thereafter, the salary of the State Controller must be increased by an amount equal to the cumulative percentage increase in the salaries of the classified employees of this State during the immediately preceding term of the State Controller.

 


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

ê2005 Statutes of Nevada, Page 1184 (Chapter 329, AB 462)ê

 

increased by an amount equal to the cumulative percentage increase in the salaries of the classified employees of this State during the immediately preceding term of the State Controller.

      Sec. 6.  NRS 228.070 is hereby amended to read as follows:

      228.070  1.  Until the first Monday in January [1999,] 2007, the Attorney General is entitled to receive an annual salary of [$85,000. From and after] $110,000. From the first Monday in January [1999,] 2007, until the first Monday in January 2011, the Attorney General is entitled to receive an annual salary of [$110,000.] $133,000.

      2.  On the first Monday in January 2011 and on the first Monday of every fourth year thereafter, the salary of the Attorney General must be increased by an amount equal to the cumulative percentage increase in the salaries of the classified employees of this State during the immediately preceding term of the Attorney General.

      3.  Except as otherwise provided in NRS 7.065, the Attorney General shall not engage in the private practice of law.

      Sec. 7.  NRS 218.210 is hereby amended to read as follows:

      218.210  1.  Each Senator and Assemblyman is entitled to receive as compensation $130 per day for each day of service:

      [1.] (a) During any regular session, for the number of days the Legislature is in session, or in adjournment for not more than 3 days, or the maximum number of days for which compensation for a regular session is permitted by the Constitution, whichever is smaller; and

      [2.] (b) During any special session, for the number of days the Legislature is in session or the maximum number of days for which compensation for a special session is permitted by the Constitution, whichever is smaller.

      2.  On the first day of each term of a Senator or Assemblyman beginning on or after November 8, 2006, the compensation of the office of the Senator or Assemblyman must be increased by an amount equal to the cumulative percentage increase in the salaries of the classified employees of this State during the immediately preceding term of that office.

________

 

CHAPTER 330, AB 464

Assembly Bill No. 464–Committee on Ways and Means

 

CHAPTER 330

 

AN ACT relating to tobacco; making various changes regarding the sale, delivery and taxation of cigarettes; revising the duties, rights and licensing requirements of manufacturers, wholesale dealers and retail dealers of cigarettes; providing additional procedures for statutory enforcement; increasing certain criminal penalties and providing additional civil and criminal penalties; and providing other matters properly relating thereto.

 

[Approved: June 10, 2005]

 

 


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

ê2005 Statutes of Nevada, Page 1185 (Chapter 330, AB 464)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 370 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 28, inclusive, of this act.

      Sec. 2.  “Cigarette package” means the individual pack, box or other container that contains a cigarette. The term does not include a container that itself contains other containers, such as a carton of cigarettes.

      Sec. 3.  “Counterfeit cigarettes” means any cigarettes or cigarette packages:

      1.  Bearing false manufacturing labels;

      2.  Bearing counterfeit stamps; or

      3.  Meeting any combination of the descriptions contained in subsections 1 and 2.

      Sec. 4.  “Counterfeit stamp” means any stamp that:

      1.  Falsely depicts a stamp approved by the Department or a tax stamp authorized pursuant to the laws of any other state governing the taxation of cigarettes; or

      2.  Was not sold by the Department or its agents or pursuant to the laws of any other state governing the taxation of cigarettes.

      Sec. 5.  1.  “Delivery sale” means any sale of cigarettes, whether the seller is located within or outside of the borders of this State, to a consumer in this State for which:

      (a) The purchaser submits the order for the sale by means of a telephonic or other method of voice transmission, the mail or any other delivery service, or the Internet or any other on-line service; or

      (b) The cigarettes are delivered by mail or the use of another delivery service.

      2.  For the purpose of this section, any sale of cigarettes to a natural person in this State who does not hold a current license as a wholesale or retail dealer constitutes a sale to a consumer.

      Sec. 6.  “Delivery service” means any person engaged in the commercial delivery of letters, packages or other containers.

      Sec. 7.  “License” means a license issued pursuant to NRS 370.001 to 370.430, inclusive, and sections 2 to 28, inclusive, of this act, that authorizes the holder to conduct business as a manufacturer or a wholesale or retail dealer.

      Sec. 8.  “Licensee” means the holder of a license.

      Sec. 9.  “Manufacturer” means any person who:

      1.  Manufactures, fabricates, assembles, processes or labels a finished cigarette; or

      2.  Imports, whether directly or indirectly, a finished cigarette into the United States for sale or distribution in this State.

      Sec. 10.  “Place of business” means, for a person engaged in business as:

      1.  A wholesale dealer, any location from which cigarettes are distributed or where cigarettes are warehoused, stored or affixed with stamps; or

      2.  A retail dealer, any store, stand, outlet or other location through which cigarettes are distributed or sold to a consumer.

      Sec. 11.  “Secretary” means the Secretary of the United States Department of the Treasury.

 


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

ê2005 Statutes of Nevada, Page 1186 (Chapter 330, AB 464)ê

 

      Sec. 12.  “Shipping container” means a container in which cigarettes are shipped in connection with a delivery sale.

      Sec. 13.  “Shipping documents” means bills of lading, airbills or any other documents used to evidence an undertaking by a delivery service to deliver letters, packages or other containers.

      Sec. 14.  “Stamp” means the indicia required to be placed on a cigarette package that evidences payment of the taxes on cigarettes imposed pursuant to NRS 370.0751 and 370.165.

      Sec. 15.  1.  No license may be issued, maintained or renewed:

      (a) If the applicant for the license or any combination of persons directly or indirectly owning, in the aggregate, more than 10 percent of the ownership interests in the applicant:

             (1) Owes $500 or more in delinquent cigarette taxes;

             (2) Had a license as a manufacturer or as a wholesale or retail dealer revoked by the Department within the past 2 years;

             (3) Has been convicted of a crime relating to the sale of stolen or counterfeit cigarettes or stamps or the receipt of stolen cigarettes;

             (4) Is a manufacturer who has:

                   (I) Imported any cigarettes into the United States in violation of 19 U.S.C. § 1681a; or

                   (II) Imported or manufactured any cigarettes that do not fully comply with the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. §§ 1331 et seq.; or

             (5) Is a nonparticipating manufacturer who is not in full compliance with subsection 2 of NRS 370A.140.

      (b) Unless the applicant for the license certifies in writing, under penalty of perjury, that the applicant will comply fully with the provisions of chapter 370A of NRS.

      2.  As used in this section:

      (a) “Manufacturer of tobacco products” has the meaning ascribed to it in NRS 370A.060.

      (b) “Nonparticipating manufacturer” means any manufacturer of tobacco products that is not a participating manufacturer.

      (c) “Participating manufacturer” has the meaning ascribed to it in NRS 370A.080.

      Sec. 16.  The Department shall create and maintain on its Internet website and otherwise make available for public inspection a list of all:

      1.  Currently valid licenses and the identity of the licensees holding those licenses; and

      2.  Indian tribes on whose reservations or colonies cigarettes or other products made from tobacco are sold and, pursuant to NRS 370.515, from which the Department does not collect the tax imposed by this chapter on such cigarettes or other products made from tobacco sold on the reservations or colonies.

Ê The Department shall update the list at least once each month.

      Sec. 17.  1.  Except as otherwise provided in subsection 2 or a regulation of the Department:

      (a) No person, other than a wholesale dealer that receives unstamped cigarette packages directly from a person who holds a current permit to engage in business as a manufacturer or importer of cigarettes issued pursuant to 26 U.S.C. § 5713, may possess an unstamped cigarette package.

 


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

ê2005 Statutes of Nevada, Page 1187 (Chapter 330, AB 464)ê

 

      (b) Any person who ships unstamped cigarette packages into this State other than to a wholesale dealer who holds a current license shall first file with the Department a notice of that shipment.

      2.  Subsection 1 does not apply to any common or contract carrier who is transporting cigarettes in compliance with the provisions of NRS 370.295.

      Sec. 18.  1.  The Department may adopt regulations establishing:

      (a) Reporting requirements for manufacturers and wholesale dealers; and

      (b) Procedures for the electronic submission of reports required pursuant to any reporting requirements established under paragraph (a).

      2.  Any regulations adopted pursuant to subsection 1 relating to reporting requirements for manufacturers must provide for submission to the Department of periodic reports of:

      (a) The quantity of cigarette packages that were distributed or shipped to another manufacturer or to a wholesale dealer within the borders of this State during the reporting period, and the name and address of each person to whom those products were distributed or shipped;

      (b) The quantity of cigarette packages that were distributed or shipped to another facility of the same manufacturer within the borders of this State during the reporting period; and

      (c) The quantity of cigarette packages that were distributed or shipped within the borders of this State to Indian tribes or instrumentalities of the Federal Government during the reporting period, and the name and address of each person to whom those products were distributed or shipped.

      3.  Any regulations adopted pursuant to subsection 1 relating to reporting requirements for wholesale dealers must provide for submission to the Department of periodic reports of:

      (a) The inventory of stamped and unstamped cigarette packages held by the wholesale dealer for sale or distribution within the borders of this State on hand at the beginning of the reporting period;

      (b) The inventory of cigarette packages held by the wholesale dealer for sale or distribution outside of the borders of this State on hand at the beginning of the reporting period;

      (c) The quantity of stamped cigarette packages held for sale or distribution within the borders of this State that were received by the wholesale dealer from another person during the reporting period, and the name and address of each person from whom those products were received;

      (d) The quantity of cigarette packages held for sale or distribution outside of the borders of this State that were received by the wholesale dealer from another person during the reporting period, and the name and address of each person from whom those products were received;

      (e) The quantity of cigarette packages to which Nevada stamps were affixed that were distributed or shipped to another wholesale dealer or to a retail dealer within the borders of this State during the reporting period, and the name and address of each person to whom those products were distributed or shipped;

      (f) The quantity of cigarette packages to which Nevada stamps were affixed that were distributed or shipped to another facility of the same wholesale dealer within the borders of this State during the reporting period;

 


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

ê2005 Statutes of Nevada, Page 1188 (Chapter 330, AB 464)ê

 

wholesale dealer within the borders of this State during the reporting period;

      (g) The quantity of stamped cigarette packages that were distributed or shipped within the borders of this State to Indian tribes or instrumentalities of the Federal Government during the reporting period, and the name and address of each person to whom those products were distributed or shipped;

      (h) The quantity of cigarette packages held for distribution outside of the borders of this State that were distributed or shipped outside of the borders of this State during the reporting period;

      (i) The inventory of stamped and unstamped cigarette packages held for sale or distribution within the borders of this State on hand at the end of the reporting period;

      (j) The inventory of cigarette packages held for sale or distribution outside of the borders of this State on hand at the end of the reporting period;

      (k) The number of each type of stamp on hand at the beginning of the reporting period;

      (l) The number of each type of stamp purchased or received during the reporting period;

      (m) The number of each type of stamp applied during the reporting period; and

      (n) The number of each type of stamp on hand at the end of the reporting period.

      4.  Any reports required by regulations adopted pursuant to subsection 1 must be:

      (a) Submitted on forms provided by the Department; and

      (b) Provided separately for each of the facilities operated by the manufacturer or wholesale dealer.

      5.  In each report required by regulations adopted pursuant to subsection 1, the information required must be itemized so as to disclose clearly:

      (a) The quantities of stamped and unstamped cigarettes to which the report applies; and

      (b) The brand and style of cigarettes to which the report applies.

      6.  The reporting period for any reports required by regulations adopted pursuant to subsection 1 must be for a duration of not less than 1 month and not more than 3 months.

      Sec. 19.  1.  A person shall not accept an order for a delivery sale unless the person first obtains a license as a retail dealer.

      2.  A person who accepts an order for a delivery sale shall comply with all of the requirements of this chapter and chapters 370A, 372 and 374 of NRS, and all other laws of this State generally applicable to sales of cigarettes that occur entirely within this State.

      Sec. 20.  1.  A person shall not cause the mailing or shipment of cigarettes in connection with an order for a delivery sale unless the person accepting the order first:

      (a) Obtains from the prospective purchaser a certification which includes:

             (1) Reliable confirmation that the purchaser is at least 18 years of age; and

 


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

ê2005 Statutes of Nevada, Page 1189 (Chapter 330, AB 464)ê

 

             (2) A statement signed by the prospective purchaser in writing and under penalty of perjury which:

                   (I) Certifies the prospective purchaser’s address and date of birth;

                   (II) Confirms that the prospective purchaser understands that signing another person’s name to such certification is illegal and that sales of cigarettes to children under 18 years of age are illegal under the laws of this State; and

                   (III) Confirms that the prospective purchaser desires to receive mailings from a tobacco company.

      (b) Makes a good faith effort to verify the information contained in the certification provided by the prospective purchaser pursuant to paragraph (a) against any federal or commercially available database established for that purpose.

      (c) Sends to the prospective purchaser, by electronic mail or other means, a notice which meets the requirements of subsection 2 and requests confirmation that the order for the delivery sale was placed by the prospective purchaser.

      (d) Receives from the prospective purchaser confirmation, pursuant to the request described in paragraph (c), that such person placed the order for the delivery sale.

      (e) Receives payment for the delivery sale from the prospective purchaser by a credit or debit card that has been issued in that purchaser’s name.

      2.  The notice required by paragraph (c) of subsection 1 must include:

      (a) A prominent and clearly legible statement that the sale of cigarettes to children under 18 years of age is illegal;

      (b) A prominent and clearly legible statement that the sale of cigarettes is restricted to persons who provide verifiable proof of age in accordance with this section; and

      (c) A prominent and clearly legible statement that sales of cigarettes are taxable under this chapter, and an explanation of how the tax has been or is to be paid with respect to the delivery sale.

      3.  Persons accepting orders for delivery sales may request that prospective purchasers provide their electronic mail addresses.

      Sec. 21.  1.  A person who causes the mailing or shipment of cigarettes in connection with an order for a delivery sale shall:

      (a) Use a method of mailing or shipping that obligates the delivery service to carry out the provisions of section 23 of this act;

      (b) Provide to the delivery service retained to deliver the delivery sale evidence that all taxes levied by this State with respect to the delivery sale have been paid to this State; and

      (c) Include as part of the shipping documents:

             (1) A copy of the retail dealer’s license authorizing the delivery sale; and

             (2) A clear and conspicuous statement providing as follows:

 

“DELIVERY SALE OF CIGARETTES: NEVADA LAW PROHIBITS SHIPPING TO CHILDREN UNDER 18 YEARS OF AGE AND REQUIRES THE PAYMENT OF ALL APPLICABLE TAXES.”

 

 


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

ê2005 Statutes of Nevada, Page 1190 (Chapter 330, AB 464)ê

 

      2.  A person who accepts an order for a delivery sale and delivers the cigarettes without using a third-party delivery service shall comply with all the requirements of section 23 of this act applicable to a delivery service.

      Sec. 22.  Not later than the 10th day of each calendar month, each person who has mailed, shipped or otherwise delivered cigarettes in connection with a delivery sale during the previous calendar month, except a delivery service, shall create and maintain records containing the following information relating to every such delivery sale:

      1.  The name and address of the person to whom the delivery sale was made; and

      2.  The quantity and brands of cigarettes that were sold in the delivery sale.

Ê The records required by this section must be provided to the Department at the Department’s request and must be retained for not less than 3 years after the date of the applicable transaction unless the Department, in writing, authorizes the records to be removed or destroyed at an earlier time.

      Sec. 23.  1.  Except as otherwise provided in subsection 2, a delivery service shall:

      (a) Before delivering a shipping container in connection with a delivery sale:

             (1) Ensure that the shipping documents include the documents required by paragraph (c) of subsection 1 of section 21 of this act; and

             (2) Obtain the evidence required by paragraph (b) of subsection 1 of section 21 of this act regarding the cigarettes in the shipping container.

      (b) When delivering a shipping container in connection with a delivery sale, require:

             (1) The purchaser placing the order for the delivery sale, or an adult designated by that purchaser, to sign to accept delivery of the shipping container; and

             (2) Proof, in the form of valid identification that was issued by a governmental entity and bears a photograph of the person who signs to accept delivery of the shipping container, demonstrating:

                   (I) That the person is either the addressee or the adult designated by the addressee; and

                   (II) If the person appears to be under 27 years of age, that the person is at least 18 years of age.

      2.  A delivery service is required to comply with the provisions of subsection 1 only if the delivery service:

      (a) Is obligated to do so under a method of shipping;

      (b) Delivers any container pursuant to shipping documents containing the statement described in paragraph (c) of subsection 1 of section 21 of this act; or

      (c) Delivers any container that the delivery service otherwise has reason to know contains cigarettes sold pursuant to a delivery sale.

      Sec. 24.  In addition to any other penalty authorized by law:

      1.  The Department may:

      (a) Impose a civil penalty of $1,000 on any person who knowingly:

             (1) Omits, neglects or refuses to:

                   (I) Comply with any duty imposed upon him pursuant to the provisions of NRS 370.080 to 370.315, inclusive, and sections 15 to 18, inclusive, of this act; or

 


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

ê2005 Statutes of Nevada, Page 1191 (Chapter 330, AB 464)ê

 

                   (II) Do or cause to be done any of the things required pursuant to those provisions; or

             (2) Does anything prohibited by the provisions of NRS 370.080 to 370.315, inclusive, and sections 15 to 18, inclusive, of this act.

      (b) Impose on each person who violates any of the provisions of sections 19 to 23, inclusive, of this act, a civil penalty of:

             (1) Not more than $1,000 for the first violation; and

             (2) Not less than $1,000 nor more than $5,000 for each subsequent violation.

      2.  Any person who fails to pay any tax imposed pursuant to the provisions of NRS 370.080 to 370.315, inclusive, and sections 15 to 23, inclusive, of this act within the time prescribed by law or regulation shall pay a penalty of 500 percent of the tax due but unpaid, in addition to the tax.

      Sec. 25.  All fixtures, equipment and other materials and personal property on the premises of any wholesale or retail dealer who, with intent to defraud the State:

      1.  Fails to keep or make any record, return, report or inventory required pursuant to NRS 370.080 to 370.315, inclusive, and sections 15 to 23, inclusive, of this act;

      2.  Keeps or makes any false or fraudulent record, return, report or inventory required pursuant to NRS 370.080 to 370.315, inclusive, and sections 15 to 23, inclusive, of this act;

      3.  Refuses to pay any tax imposed pursuant to NRS 370.080 to 370.315, inclusive, and sections 15 to 23, inclusive, of this act; or

      4.  Attempts in any manner to evade or defeat the requirements of NRS 370.080 to 370.315, inclusive, and sections 15 to 23, inclusive, of this act,

Ê is subject to forfeiture pursuant to NRS 179.1156 to 179.119, inclusive.

      Sec. 26.  1.  It is unlawful for a person, with the intent to defraud the State:

      (a) To fail to keep or make any record, return, report or inventory, or keep or make any false or fraudulent record, return, report or inventory, required pursuant to NRS 370.080 to 370.315, inclusive, and sections 15 to 23, inclusive, of this act, or any regulations adopted for the administration or enforcement of those provisions;

      (b) To refuse to pay any tax imposed pursuant to NRS 370.080 to 370.315, inclusive, and sections 15 to 23, inclusive, of this act, or attempt in any manner to evade or defeat the tax or the payment thereof;

      (c) To alter, forge or otherwise counterfeit any stamp;

      (d) To sell or possess for the purpose of sale any counterfeit stamp;

      (e) To have in his possession any counterfeit stamp, with the intent to use the counterfeit stamp, knowing or having reasonable grounds to believe the stamp to be a counterfeit stamp;

      (f) To have in his possession any stamp which he knows has been removed from any cigarette package to which it was affixed;

      (g) To affix to any cigarette package a stamp which he knows has been removed from any other cigarette package; or

      (h) To fail to comply with any requirement of NRS 370.080 to 370.315, inclusive, and sections 15 to 23, inclusive, of this act.

      2.  A person who violates any of the provisions of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.

 


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

ê2005 Statutes of Nevada, Page 1192 (Chapter 330, AB 464)ê

 

      Sec. 27.  1.  It is unlawful for any person knowingly to sell or to possess for the purpose of sale any counterfeit cigarettes. The presence of counterfeit cigarettes in a cigarette vending machine is prima facie evidence of the purpose to sell those cigarettes.

      2.  A person who violates any provision of subsection 1 is guilty of:

      (a) For the first offense involving less than 400 cigarettes, a misdemeanor.

      (b) For each subsequent offense involving less than 400 cigarettes, a category D felony and shall be punished as provided in NRS 193.130.

      (c) For the first offense involving 400 or more cigarettes, a gross misdemeanor.

      (d) For each subsequent offense involving 400 or more cigarettes, a category C felony and shall be punished as provided in NRS 193.130.

      Sec. 28.  A person who:

      1.  Knowingly violates any of the provisions of sections 19 to 23, inclusive, of this act; or

      2.  Knowingly and falsely submits a certification pursuant to paragraph (a) of subsection 1 of section 20 of this act in the name of another person,

Ê is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      Sec. 29.  NRS 370.001 is hereby amended to read as follows:

      370.001  As used in NRS 370.001 to 370.430, inclusive, and sections 2 to 28, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 370.005 to 370.055, inclusive, and sections 2 to 14, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 30.  NRS 370.015 is hereby amended to read as follows:

      370.015  “Cigarette vending machine operator” means any [person] retail dealer licensed to sell only Nevada stamped cigarettes by means of coin-operated machines anywhere in Nevada.

      Sec. 31.  NRS 370.025 is hereby amended to read as follows:

      370.025  “Contraband cigarettes” means any [cigarettes exported] :

      1.  Counterfeit cigarettes; or

      2.  Cigarettes:

      (a) Exported from or imported into this State , or mailed, shipped, delivered, sold, exchanged, transported, distributed or held for distribution within the borders of this State by any person in violation of any of the provisions of this chapter ; or [which are, in any way,]

      (b) In any way held in the possession or constructive possession of any person not authorized under this chapter to possess or constructively possess [these] the cigarettes.

      Sec. 32.  NRS 370.033 is hereby amended to read as follows:

      370.033  “Retail dealer” means any person , whether located within or outside of the borders of this State, who [offers to sell cigarettes at retail or who is engaged in selling cigarettes at retail.] sells or distributes cigarettes to a consumer within the State.

      Sec. 33.  NRS 370.055 is hereby amended to read as follows:

      370.055  “Wholesale dealer” means:

      1.  Any person , whether located within or outside of the borders of this State, who [brings] :

 


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

ê2005 Statutes of Nevada, Page 1193 (Chapter 330, AB 464)ê

 

      (a) Brings, sends, or causes to be brought or sent into this State any unstamped cigarettes purchased from the manufacturer or another [wholesaler, and who stores,] wholesale dealer; and

      (b) Stores, sells or otherwise disposes of [them] those cigarettes within the State.

      2.  Any person who manufactures or produces cigarettes within this State and who sells or distributes them within the State.

      3.  Any person , whether located within or outside of the borders of this State, who acquires cigarettes solely for the purpose of bona fide resale to retail dealers in this State or to other persons in this State for the purpose of resale only.

      Sec. 34.  NRS 370.065 is hereby amended to read as follows:

      370.065  In order to obtain evidence of any violation of this chapter, the Department, its agents, and all peace officers and revenue-collecting officers of this State [shall have the right of visitation and inspection of any] may enter and inspect, without a warrant during normal business hours and with a warrant at any other time:

      1.  The facilities and records of any manufacturer, wholesale dealer or retail dealer; and

      2.  Any other place where they may have reason to believe [unstamped] contraband cigarettes are stored, warehoused or kept for sale. [Such visitation and inspection shall be conducted during business hours.]

      Sec. 35.  NRS 370.080 is hereby amended to read as follows:

      370.080  1.  A person shall not engage in business as a wholesale dealer [of cigarettes] in the State of Nevada unless he first secures a [wholesale or retail cigarette dealer’s] license to engage in that activity from the Department.

      2.  A person shall not engage in business as a retail dealer in the State of Nevada unless he first secures a license to engage in that activity from the Department.

      3.  A manufacturer shall not sell any cigarettes to a wholesale dealer in the State of Nevada unless he first secures a license to engage in that activity from the Department.

      4.  A separate license is required to engage in each of the activities described in this section.

      Sec. 36.  NRS 370.100 is hereby amended to read as follows:

      370.100  An application for a [cigarette dealer’s] license must:

      1.  Be made to the Department on forms prescribed by the Department.

      2.  Include the name and address of the applicant. If the applicant is a firm, association or partnership, the application must include the names and addresses of [all partners.] each of its members. If the applicant is a corporation, [association or other organization,] the application must include the names and addresses of the president, vice president, secretary and managing officer or officers.

      3.  Specify the location, by street and number, of the principal place of business of the applicant and of the premises for which the license is sought.

      4.  [Be] Specify any other information the Department may require.

      5.  Except as otherwise provided in NRS 370.001 to 370.430, inclusive, and sections 2 to 28, inclusive, of this act, be accompanied by the required license fee.

 


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

ê2005 Statutes of Nevada, Page 1194 (Chapter 330, AB 464)ê

 

      [5.] 6.  Be accompanied by a certified copy of the certificate required by NRS 602.010 or any renewal certificate required by NRS 602.035.

      Sec. 37.  NRS 370.140 is hereby amended to read as follows:

      370.140  1.  [Wholesale cigarette dealers’ licenses shall permit the holders] A current license as a:

      (a) Manufacturer authorizes the holder thereof to sell cigarettes [to retail dealers, or to other Nevada licensed wholesale cigarette dealers, or to cigarette vending machine operators anywhere in Nevada.

      2.  No retailer, retail cigarette dealer or cigarette vending machine operator shall purchase any cigarettes from other than a Nevada licensed wholesale cigarette dealer.] anywhere within the borders of this State to a wholesale dealer who holds a current license.

      (b) Wholesale dealer authorizes the holder thereof to:

             (1) Purchase cigarettes from any manufacturer or wholesale dealer who holds a current license; or

             (2) Sell cigarettes anywhere within the borders of this State to any Indian tribe listed by the Department pursuant to section 16 of this act or any wholesale or retail dealer who holds a current license.

      (c) Retail dealer authorizes the holder thereof to:

             (1) Purchase cigarettes from any wholesale dealer who holds a current license; or

             (2) Sell cigarettes anywhere within the borders of this State to any consumer.

      2.  No person who holds a current license as a:

      (a) Manufacturer may sell cigarettes within the borders of this State to any person other than a wholesale dealer who holds a current license.

      (b) Wholesale or retail dealer may purchase cigarettes for sale within the borders of this State or sell cigarettes within the borders of this State except as authorized pursuant to subsection 1.

      Sec. 38.  NRS 370.150 is hereby amended to read as follows:

      370.150  1.  Each license issued by the Department is valid only for the calendar year for which it is issued, and must be renewed annually.

      2.  The Department shall not charge any license fees for a manufacturer’s or retail [cigarette] dealer’s license.

      [2.] 3.  An annual license fee of $150 [shall] must be charged for each wholesale [cigarette] dealer’s license. If [any license, other than the renewal of a delinquent license,] such a license is issued at any time during the year other than on January 1, except for the renewal of a delinquent license pursuant to subsection 5, the licensee shall pay a proportionate part of the annual fee for the remainder of the year, but not less than 25 percent of the annual license fee.

      [3.  Wholesale cigarette]

      4.  The fees for a wholesale dealer’s license [fees] are due and payable on January 1 of each year. If the annual license fee is not paid by January 15, the license is cancelled automatically.

      [4.] 5.  A wholesale [cigarette] dealer’s license which is cancelled for nonpayment of the annual license fee may be renewed at any time by the payment of the fee plus a 5 percent penalty thereon.

      Sec. 39.  NRS 370.210 is hereby amended to read as follows:

      370.210  1.  A wholesale dealer whose stamping facilities are located within the borders of this State shall affix stamps to all applicable cigarette packages received at those stamping facilities within 20 days after receipt.


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

ê2005 Statutes of Nevada, Page 1195 (Chapter 330, AB 464)ê

 

A wholesale dealer may set aside, without affixing stamps, only that part of the stock of the wholesale dealer that is identified for sale or distribution outside of the borders of this State. A wholesale dealer must identify any stock to be set aside pursuant to this subsection within 20 days after the receipt of that stock.

      2.  A wholesale dealer may affix stamps only to cigarette packages that the wholesale dealer has received directly from a person who holds a current permit to engage in business as a manufacturer or importer of cigarettes issued pursuant to 26 U.S.C. § 5713.

      3.  If a wholesale dealer maintains stocks of unstamped cigarette packages as authorized pursuant to subsection 1, those unstamped cigarette packages must be stored separately from stamped cigarette packages and must not be transferred by the wholesale dealer to another facility of the wholesale dealer within the borders of this State or to any other person within the borders of this State.

      4.  A person shall not affix [cigarette revenue stamps or metered machine impressions] stamps to any [package, packet or container of cigarettes] cigarette packages except upon the premises described in the license of a [cigarette] wholesale dealer or upon other premises where authorized by regulation.

      Sec. 40.  NRS 370.250 is hereby amended to read as follows:

      370.250  1.  If any dealer in cigarettes upon which a precollected or advance tax is required to be paid fails to file any report [to] required pursuant to NRS 370.240 with the Department or its agents on or before the date due, the Department may suspend his license [or permit] until the report is received and found to be correct.

      2.  The Department may temporarily suspend or permanently revoke the [licenses] license of any [cigarette dealer] licensee for violating, or causing or permitting to be violated, any of the provisions of NRS 370.001 to 370.430, inclusive [.] , and sections 2 to 28, inclusive, of this act, or any regulations adopted for the administration or enforcement of any of those provisions.

      3.  The Department shall permanently revoke the license of any licensee convicted of any felony pursuant to section 27 of this act.

      Sec. 41.  NRS 370.255 is hereby amended to read as follows:

      370.255  1.  Each [dealer authorized to purchase or affix cigarette revenue stamps] :

      (a) Wholesale dealer shall maintain [records of all cigarettes received, sold or distributed by him. Each dealer shall also obtain and keep receipts, freight bills, invoices and other documents necessary to substantiate his records. Records and documents shall be kept at the dealer’s place of business] copies of invoices or equivalent documentation for each of its facilities for every transaction in which the wholesale dealer is the seller, purchaser, consignor, consignee or recipient of cigarettes. The invoices or documentation must indicate the name and address of the consignor, seller, purchaser or consignee, and the quantity by brand and style of the cigarettes involved in the transaction.

      (b) Retail dealer shall maintain copies of invoices or equivalent documentation for every transaction in which the retail dealer receives or purchases cigarettes at each of its facilities. The invoices or documentation must indicate the name and address of the wholesale dealer from whom, or the address of another facility of the same retail dealer from which, the cigarettes were received, and the quantity of each brand and style of the cigarettes received in the transaction.

 


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

ê2005 Statutes of Nevada, Page 1196 (Chapter 330, AB 464)ê

 

cigarettes were received, and the quantity of each brand and style of the cigarettes received in the transaction.

      (c) Manufacturer shall maintain copies of invoices or equivalent documentation for each of its facilities for every transaction in which the manufacturer is the seller, purchaser, consignor, consignee or recipient of cigarettes. The invoices or documentation must indicate the name and address of the consignor, seller, purchaser or consignee, and the quantity by brand and style of the cigarettes involved in the transaction.

      2.  The records required by this section must be preserved on the premises described in the license of the manufacturer, wholesale dealer or retail dealer in such a manner as to ensure permanency and accessibility for inspection at reasonable hours by authorized personnel of the Department. With the permission of the Department, manufacturers, wholesale dealers and retail dealers with multiple places of business may retain centralized records, but shall transmit duplicates of the invoices or the equivalent documentation to each place of business within 24 hours after the request of the Executive Director or his designee.

      3.  The records required by this section must be retained for not less than [4] 3 years after the date of the transaction unless the Department authorizes, in writing, their earlier removal or destruction.

      Sec. 42.  NRS 370.257 is hereby amended to read as follows:

      370.257  1.  Each manufacturer, wholesale dealer and retail dealer shall provide to the Executive Director and his designees and to the Secretary or his designee, upon request, access to all the reports and records required by NRS 370.001 to 370.430, inclusive, and sections 2 to 28, inclusive, of this act. The Department at its sole discretion may share the records and reports required by those sections with law enforcement officials of the Federal Government, this State, other states, Indian tribes or international authorities.

      2.  Except as otherwise provided in this subsection, the reports submitted by licensees pursuant to NRS 370.001 to 370.430, inclusive, and sections 2 to 28, inclusive, of this act are public records. Any information contained in those reports about quantities of cigarettes by brand must not be released to anyone other than persons permitted access to those reports pursuant to subsection 1.

      3.  The Department may audit the records of each dealer [authorized to purchase or affix cigarette revenue stamps] to determine [that] whether the manufacturer, wholesale dealer or retail dealer has complied with the provisions of NRS 370.001 to 370.430, inclusive [.] , and sections 2 to 28, inclusive, of this act.

      Sec. 43.  NRS 370.301 is hereby amended to read as follows:

      370.301  1.  If any unstamped cigarettes are consigned to or purchased by any person in this State, such purchaser or consignee must be a person authorized by this chapter to possess unstamped cigarettes.

      2.  If invoices or delivery tickets for unstamped cigarettes are lacking, if the name or address of the consignee or purchaser is falsified or if the purchaser or consignee is not authorized by this chapter to possess unstamped cigarettes, the cigarettes transported [shall be] are subject to seizure and sale under the provisions of NRS 370.270.

      3.  Transportation of cigarettes through this State from a point outside this State to a point in some other state is not a violation of this section if the person transporting the cigarettes has in his possession adequate invoices or delivery tickets which give the true name and address of the out-of-state seller or consignor and the out-of-state purchaser or consignee.

 


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

ê2005 Statutes of Nevada, Page 1197 (Chapter 330, AB 464)ê

 

delivery tickets which give the true name and address of the out-of-state seller or consignor and the out-of-state purchaser or consignee.

      4.  In any case where the Department, its duly authorized agent or any peace officer of the State has knowledge or reasonable grounds to believe that any vehicle is transporting cigarettes in violation of this [section,] chapter, the Department, agent or peace officer may stop the vehicle and inspect it for [unstamped] contraband cigarettes.

      Sec. 44.  NRS 370.380 is hereby amended to read as follows:

      370.380  1.  It is unlawful for a person, with the intent to defraud the State:

      (a) To alter, forge or counterfeit any license, stamp or cigarette tax meter impression provided for in this chapter;

      (b) To have in his possession any forged, counterfeited, spurious or altered license, stamp or cigarette tax meter impression, with the intent to use the same, knowing or having reasonable grounds to believe the same to be such;

      (c) To have in his possession one or more cigarette stamps or cigarette tax meter impressions which he knows have been removed from the pieces of packages or packages of cigarettes to which they were affixed;

      (d) To affix to any piece of a package or package of cigarettes a stamp or cigarette tax meter impression which he knows has been removed from any other piece of a package or package of cigarettes; or

      (e) To have in his possession for the purpose of sale cigarettes which do not bear indicia of the State of Nevada excise tax stamping. Presence of the cigarettes in a cigarette vending machine is prima facie evidence of the purpose to sell.

      2.  A person who violates any of the provisions of subsection 1 is guilty of [a misdemeanor on the first offense and upon the second or subsequent offense is guilty of] a category [D] C felony and shall be punished as provided in NRS 193.130.

      Sec. 45.  NRS 370.390 is hereby amended to read as follows:

      370.390  Except as otherwise provided in NRS 370.380 [,] and section 26 of this act, any person violating any of the provisions of NRS 370.080 to [370.310, inclusive, shall be] 370.315, inclusive, and sections 15 to 18, inclusive, of this act is guilty of a gross misdemeanor.

      Sec. 46.  NRS 370.410 is hereby amended to read as follows:

      370.410  [Any] Except as otherwise provided in section 27 of this act, any person exporting, importing, possessing or constructively possessing contraband cigarettes is guilty of a gross misdemeanor.

      Sec. 47.  NRS 370.415 is hereby amended to read as follows:

      370.415  1.  The Department, its agents, sheriffs within their respective counties and all other peace officers of the State of Nevada shall seize any counterfeit stamps and any contraband cigarettes and machinery used to manufacture contraband cigarettes, found or located in the State of Nevada.

      2.  A sheriff or other peace officer who seizes stamps, cigarettes or machinery pursuant to this section shall provide written notification of the seizure to the Department not later than 5 working days after the seizure. The notification must include the reason for the seizure.

      3.  After consultation with the Department, the sheriff or other peace officer shall transmit the cigarettes to the Department if:

 


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

ê2005 Statutes of Nevada, Page 1198 (Chapter 330, AB 464)ê

 

      (a) The cigarettes, except for revenue stamps or metered machine impressions being properly affixed as required by this chapter, comply with all state and federal statutes and regulations; and

      (b) The Department approves the transmission of the cigarettes.

      4.  Upon receipt of the cigarettes, the Department shall dispose of the cigarettes as provided in subsection 4 of NRS 370.270.

      5.  [If the] The sheriff or other peace officer who seizes any stamps, cigarettes or machinery pursuant to this section shall:

      (a) Destroy the stamps and machinery; and

      (b) If he does not transmit the cigarettes to the Department, [he shall] destroy the cigarettes.

      Sec. 48.  NRS 370.525 is hereby amended to read as follows:

      370.525  1.  Except as otherwise provided in subsection 2, a person may institute a civil action in a court of competent jurisdiction for appropriate injunctive relief if the person:

      (a) Sells, distributes or manufactures cigarettes; and

      (b) Sustains direct economic or commercial injury as a result of a violation of [subsection 4 of NRS 370.240 or NRS 370.385.] NRS 370.080 to 370.315, inclusive, and sections 15 to 23, inclusive, of this act, NRS 370.380, 370.385 or 370.410, or section 26, 27 or 28 of this act.

      2.  Nothing in this section authorizes an action against this State, a political subdivision of this State, or an officer, employee or agency thereof.

      Sec. 49.  NRS 370.530 is hereby amended to read as follows:

      370.530  1.  The Attorney General or the district attorney of the proper county may investigate and prosecute any civil or criminal violation of this chapter.

      2.  Sheriffs, within their counties, and all other peace officers of the State of Nevada [are charged with the duty,] shall, without further compensation, [of assisting] assist in the enforcement of this chapter.

      Sec. 50.  NRS 179.1164 is hereby amended to read as follows:

      179.1164  1.  Except as otherwise provided in subsection 2, the following property is subject to seizure and forfeiture in a proceeding for forfeiture:

      (a) Any proceeds attributable to the commission or attempted commission of any felony.

      (b) Any property or proceeds otherwise subject to forfeiture pursuant to NRS 179.121, 200.760, 202.257, 453.301 or 501.3857 [.] or section 25 of this act.

      2.  Property may not, to the extent of the interest of any claimant, be declared forfeited by reason of an act or omission shown to have been committed or omitted without the knowledge, consent or willful blindness of the claimant.

      3.  Unless the owner of real property or a mobile home:

      (a) Has given the tenant notice to surrender the premises pursuant to NRS 40.254 within 90 days after the owner receives notice of a conviction pursuant to subsection 2 of NRS 453.305; or

      (b) Shows the court that he had good cause not to evict the tenant summarily pursuant to NRS 40.254,

Ê the owner of real property or a mobile home used or intended for use by a tenant to facilitate any violation of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336, is disputably presumed to have known of and consented to that use if the notices required by NRS 453.305 have been given in connection with another such violation relating to the property or mobile home.

 

Link to Page 1199