LAWS OF THE STATE OF NEVADA

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ê2007 Statutes of Nevada, Page 1ê

 

LAWS OF THE STATE

OF NEVADA

Passed at the

SEVENTY-FOURTH SESSION OF THE LEGISLATURE

2007

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CHAPTER 1, SB 1

Senate Bill No. 1–Senators Raggio and Titus

 

CHAPTER 1

 

AN ACT making an appropriation to the Legislative Fund for the costs of the 74th Legislative Session; and providing other matters properly relating thereto.

 

[Approved: February 8, 2007]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Legislative Fund created by NRS 218.085 the sum of $10,000,000 for the costs of the 74th Legislative Session.

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

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CHAPTER 2, AB 26

Assembly Bill No. 26–Committee on Judiciary

 

CHAPTER 2

 

AN ACT relating to business; prohibiting the Secretary of State from accepting for filing certain organizing documents of a business entity and amendments thereto that contain certain identifying terms relating to architecture, interior design or residential design in certain circumstances; and providing other matters properly relating thereto.

 

[Approved: March 20, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill prohibits the Secretary of State from accepting articles of incorporation or amendments thereto from a corporation if the name of the corporation contains certain identifying terms relating to architecture, interior design and residential design unless the State Board of Architecture, Interior Design and Residential Design first certifies that the corporation satisfies certain requirements. (NRS 78.045)

 


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      Sections 2 and 4-6 of this bill similarly require foreign corporations, limited-liability companies, limited-liability partnerships and limited partnerships whose names contain such terms to comply with those requirements before the Secretary of State may accept certain documents necessary to do business in this State. (NRS 80.010, 86.171, 87.450, 88.320) Section 3 of this bill further prohibits the Secretary of State from accepting for filing the organizing documents for certain nonprofit corporations if the name of the corporation contains such identifying terms. (NRS 82.106)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 78.045 is hereby amended to read as follows:

      78.045  1.  The Secretary of State shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed pursuant to the laws of this State which provides that the name of the corporation contains the word “bank” or “trust,” unless:

      (a) It appears from the articles or the certificate of amendment that the corporation proposes to carry on business as a banking or trust company, exclusively or in connection with its business as a bank, savings and loan association or thrift company; and

      (b) The articles or certificate of amendment is first approved by the Commissioner of Financial Institutions.

      2.  The Secretary of State shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed pursuant to the provisions of this chapter if it appears from the articles or the certificate of amendment that the business to be carried on by the corporation is subject to supervision by the Commissioner of Insurance or by the Commissioner of Financial Institutions, unless the articles or certificate of amendment is approved by the Commissioner who will supervise the business of the corporation.

      3.  Except as otherwise provided in subsection [6,] 7, the Secretary of State shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed pursuant to the laws of this State if the name of the corporation contains the words “engineer,” “engineered,” “engineering,” “professional engineer,” “registered engineer” or “licensed engineer” unless:

      (a) The State Board of Professional Engineers and Land Surveyors certifies that the principals of the corporation are licensed to practice engineering pursuant to the laws of this State; or

      (b) The State Board of Professional Engineers and Land Surveyors certifies that the corporation is exempt from the prohibitions of NRS 625.520.

      4.  Except as otherwise provided in subsection 7, the Secretary of State shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed pursuant to the laws of this State if the name of the corporation contains the words “architect,” “architecture,” “registered architect,” “licensed architect,” “registered interior designer,” “registered interior design,” “residential designer,” “registered residential designer,” “licensed residential designer” or “residential design” unless the State Board of Architecture, Interior Design and Residential Design certifies that:

 


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ê2007 Statutes of Nevada, Page 3 (Chapter 2, AB 26)ê

 

      (a) The principals of the corporation are holders of a certificate of registration to practice architecture or residential design or to practice as a registered interior designer, as applicable, pursuant to the laws of this State; or

      (b) The corporation is qualified to do business in this State pursuant to NRS 623.349.

      5.  The Secretary of State shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed pursuant to the laws of this State which provides that the name of the corporation contains the word “accountant,” “accounting,” “accountancy,” “auditor” or “auditing” unless the Nevada State Board of Accountancy certifies that the corporation:

      (a) Is registered pursuant to the provisions of chapter 628 of NRS; or

      (b) Has filed with the Nevada State Board of Accountancy under penalty of perjury a written statement that the corporation is not engaged in the practice of accounting and is not offering to practice accounting in this State.

      [5.] 6.  The Secretary of State shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed or existing pursuant to the laws of this State which provides that the name of the corporation contains the words “common-interest community,” “community association,” “master association,” “unit-owners’ association” or “homeowners’ association” or if it appears in the articles of incorporation or certificate of amendment that the purpose of the corporation is to operate as a unit-owners’ association pursuant to chapter 116 of NRS unless the Administrator of the Real Estate Division of the Department of Business and Industry certifies that the corporation has:

      (a) Registered with the Ombudsman for Owners in Common-Interest Communities pursuant to NRS 116.31158; and

      (b) Paid to the Administrator of the Real Estate Division the fees required pursuant to NRS 116.31155.

      [6.] 7.  The provisions of [subsection] subsections 3 and 4 do not apply to any corporation, whose securities are publicly traded and regulated by the Securities Exchange Act of 1934, which does not engage in the practice of professional engineering [.

      7.] , architecture or residential design or interior design, as applicable.

      8.  The Commissioner of Financial Institutions and the Commissioner of Insurance may approve or disapprove the articles or amendments referred to them pursuant to the provisions of this section.

      Sec. 2.  NRS 80.010 is hereby amended to read as follows:

      80.010  1.  Before commencing or doing any business in this State, each corporation organized pursuant to the laws of another state, territory, the District of Columbia, a possession of the United States or a foreign country that enters this State to do business must:

      (a) File in the Office of the Secretary of State of this State:

             (1) A certificate of corporate existence issued not more than 90 days before the date of filing by an authorized officer of the jurisdiction of its incorporation setting forth the filing of records and instruments related to the articles of incorporation, or the governmental acts or other instrument or authority by which the corporation was created. If the certificate is in a language other than English, a translation, together with the oath of the translator and his attestation of its accuracy, must be attached to the certificate.

 


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ê2007 Statutes of Nevada, Page 4 (Chapter 2, AB 26)ê

 

             (2) A certificate of acceptance of appointment signed by its resident agent, who must be a resident or located in this State. The certificate must set forth the name of the resident agent, his street address for the service of process, and his mailing address if different from his street address. The street address of the resident agent is the registered office of the corporation in this State.

             (3) A statement signed by an officer of the corporation setting forth:

                   (I) A general description of the purposes of the corporation; and

                   (II) The authorized stock of the corporation and the number and par value of shares having par value and the number of shares having no par value.

      (b) Lodge in the Office of the Secretary of State a copy of the record most recently filed by the corporation in the jurisdiction of its incorporation setting forth the authorized stock of the corporation, the number of par-value shares and their par value, and the number of no-par-value shares.

      2.  The Secretary of State shall not file the records required by subsection 1 for any foreign corporation whose name is not distinguishable on the records of the Secretary of State from the names of all other artificial persons formed, organized, registered or qualified pursuant to the provisions of this title that are on file in the Office of the Secretary of State and all names that are reserved in the Office of the Secretary of State pursuant to the provisions of this title, unless the written, acknowledged consent of the holder of the name on file or reserved name to use the same name or the requested similar name accompanies the articles of incorporation.

      3.  For the purposes of this section and NRS 80.012, a proposed name is not distinguishable from a name on file or reserved solely because one or the other names contains distinctive lettering, a distinctive mark, a trademark or trade name, or any combination thereof.

      4.  The name of a foreign corporation whose charter has been revoked, which has merged and is not the surviving entity or whose existence has otherwise terminated is available for use by any other artificial person.

      5.  The Secretary of State shall not accept for filing the records required by subsection 1 or NRS 80.110 for any foreign corporation if the name of the corporation contains the words “engineer,” “engineered,” “engineering,” “professional engineer,” “registered engineer” or “licensed engineer” unless the State Board of Professional Engineers and Land Surveyors certifies that:

      (a) The principals of the corporation are licensed to practice engineering pursuant to the laws of this State; or

      (b) The corporation is exempt from the prohibitions of NRS 625.520.

      6.  The Secretary of State shall not accept for filing the records required by subsection 1 or NRS 80.110 for any foreign corporation if the name of the corporation contains the words “architect,” “architecture,” “registered architect,” “licensed architect,” “registered interior designer,” “registered interior design,” “residential designer,” “registered residential designer,” “licensed residential designer” or “residential design” unless the State Board of Architecture, Interior Design and Residential Design certifies that:

      (a) The principals of the corporation are holders of a certificate of registration to practice architecture or residential design or to practice as a registered interior designer, as applicable, pursuant to the laws of this State; or

 


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ê2007 Statutes of Nevada, Page 5 (Chapter 2, AB 26)ê

 

      (b) The corporation is qualified to do business in this State pursuant to NRS 623.349.

      7.  The Secretary of State shall not accept for filing the records required by subsection 1 or NRS 80.110 for any foreign corporation if it appears from the records that the business to be carried on by the corporation is subject to supervision by the Commissioner of Financial Institutions, unless the Commissioner certifies that:

      (a) The corporation has obtained the authority required to do business in this State; or

      (b) The corporation is not subject to or is exempt from the requirements for obtaining such authority.

      [7.] 8.  The Secretary of State shall not accept for filing the records required by subsection 1 or NRS 80.110 for any foreign corporation if the name of the corporation contains the word “accountant,” “accounting,” “accountancy,” “auditor” or “auditing” unless the Nevada State Board of Accountancy certifies that the foreign corporation:

      (a) Is registered pursuant to the provisions of chapter 628 of NRS; or

      (b) Has filed with the Nevada State Board of Accountancy under penalty of perjury a written statement that the foreign corporation is not engaged in the practice of accounting and is not offering to practice accounting in this State.

      [8.] 9.  The Secretary of State may adopt regulations that interpret the requirements of this section.

      Sec. 3.  NRS 82.106 is hereby amended to read as follows:

      82.106  1.  The Secretary of State shall not accept for filing pursuant to this chapter any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed or existing pursuant to this chapter if the name of the corporation contains the words “trust,” “engineer,” “engineered,” “engineering,” “professional engineer” or “licensed engineer.”

      2.  The Secretary of State shall not accept for filing pursuant to this chapter any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed or existing pursuant to this chapter if the name of the corporation contains the words “architect,” “architecture,” “registered architect,” “licensed architect,” “registered interior designer,” “registered interior design,” “residential designer,” “registered residential designer,” “licensed residential designer” or “residential design.”

      3.  The Secretary of State shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed or existing under this chapter when it appears from the articles or the certificate of amendment that the business to be carried on by the corporation is subject to supervision by the Commissioner of Insurance.

      [3.] 4.  The Secretary of State shall not accept for filing pursuant to this chapter any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed or existing pursuant to this chapter if the name of the corporation contains the word “accountant,” “accounting,” “accountancy,” “auditor” or “auditing.”

      [4.] 5.  The Secretary of State shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed or existing pursuant to the laws of this State which provides that the name of the corporation contains the words “common-interest community,” “community association,” “master association,” “unit-owners’ association” or “homeowners’ association” or if it appears in the articles of incorporation or certificate of amendment that the purpose of the corporation is to operate as a unit-owners’ association pursuant to chapter 116 of NRS unless the Administrator of the Real Estate Division of the Department of Business and Industry certifies that the corporation has:

 


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ê2007 Statutes of Nevada, Page 6 (Chapter 2, AB 26)ê

 

provides that the name of the corporation contains the words “common-interest community,” “community association,” “master association,” “unit-owners’ association” or “homeowners’ association” or if it appears in the articles of incorporation or certificate of amendment that the purpose of the corporation is to operate as a unit-owners’ association pursuant to chapter 116 of NRS unless the Administrator of the Real Estate Division of the Department of Business and Industry certifies that the corporation has:

      (a) Registered with the Ombudsman for Owners in Common-Interest Communities pursuant to NRS 116.31158; and

      (b) Paid to the Administrator of the Real Estate Division the fees required pursuant to NRS 116.31155.

      Sec. 4.  NRS 86.171 is hereby amended to read as follows:

      86.171  1.  The name of a limited-liability company formed under the provisions of this chapter must contain the words “Limited-Liability Company,” “Limited Liability Company,” “Limited Company,” or “Limited” or the abbreviations “Ltd.,” “L.L.C.,” “L.C.,” “LLC” or “LC.” The word “Company” may be abbreviated as “Co.”

      2.  The name proposed for a limited-liability company must be distinguishable on the records of the Secretary of State from the names of all other artificial persons formed, organized, registered or qualified pursuant to the provisions of this title that are on file in the Office of the Secretary of State and all names that are reserved in the Office of the Secretary of State pursuant to the provisions of this title. If a proposed name is not so distinguishable, the Secretary of State shall return the articles of organization to the organizer, unless the written, acknowledged consent of the holder of the name on file or reserved name to use the same name or the requested similar name accompanies the articles of organization.

      3.  For the purposes of this section and NRS 86.176, a proposed name is not distinguishable from a name on file or reserved name solely because one or the other contains distinctive lettering, a distinctive mark, a trademark or a trade name, or any combination thereof.

      4.  The name of a limited-liability company whose charter has been revoked, which has merged and is not the surviving entity or whose existence has otherwise terminated is available for use by any other artificial person.

      5.  The Secretary of State shall not accept for filing any articles of organization for any limited-liability company if the name of the limited-liability company contains the word “accountant,” “accounting,” “accountancy,” “auditor” or “auditing” unless the Nevada State Board of Accountancy certifies that the limited-liability company:

      (a) Is registered pursuant to the provisions of chapter 628 of NRS; or

      (b) Has filed with the Nevada State Board of Accountancy under penalty of perjury a written statement that the limited-liability company is not engaged in the practice of accounting and is not offering to practice accounting in this State.

      6.  The Secretary of State shall not accept for filing any articles of organization or certificate of amendment of articles of organization of any limited-liability company formed or existing pursuant to the laws of this State which provides that the name of the limited-liability company contains the word “bank” or “trust” unless:

      (a) It appears from the articles of organization or the certificate of amendment that the limited-liability company proposes to carry on business as a banking or trust company, exclusively or in connection with its business as a bank, savings and loan association or thrift company; and

 


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ê2007 Statutes of Nevada, Page 7 (Chapter 2, AB 26)ê

 

as a banking or trust company, exclusively or in connection with its business as a bank, savings and loan association or thrift company; and

      (b) The articles of organization or certificate of amendment is first approved by the Commissioner of Financial Institutions.

      7.  The Secretary of State shall not accept for filing any articles of organization or certificate of amendment of articles of organization of any limited-liability company formed or existing pursuant to the provisions of this chapter if it appears from the articles or the certificate of amendment that the business to be carried on by the limited-liability company is subject to supervision by the Commissioner of Insurance or by the Commissioner of Financial Institutions unless the articles or certificate of amendment is approved by the Commissioner who will supervise the business of the limited-liability company.

      8.  Except as otherwise provided in subsection 7, the Secretary of State shall not accept for filing any articles of organization or certificate of amendment of articles of organization of any limited-liability company formed or existing pursuant to the laws of this State which provides that the name of the limited-liability company contains the words “engineer,” “engineered,” “engineering,” “professional engineer,” “registered engineer” or “licensed engineer” unless:

      (a) The State Board of Professional Engineers and Land Surveyors certifies that the principals of the limited-liability company are licensed to practice engineering pursuant to the laws of this State; or

      (b) The State Board of Professional Engineers and Land Surveyors certifies that the limited-liability company is exempt from the prohibitions of NRS 625.520.

      9.  Except as otherwise provided in subsection 7, the Secretary of State shall not accept for filing any articles of organization or certificate of amendment of articles of organization of any limited-liability company formed or existing pursuant to the laws of this State which provides that the name of the limited-liability company contains the words “architect,” “architecture,” “registered architect,” “licensed architect,” “registered interior designer,” “registered interior design,” “residential designer,” “registered residential designer,” “licensed residential designer” or “residential design” unless the State Board of Architecture, Interior Design and Residential Design certifies that:

      (a) The principals of the limited-liability company are holders of a certificate of registration to practice architecture or residential design or to practice as a registered interior designer, as applicable, pursuant to the laws of this State;

      (b) The limited-liability company is qualified to do business in this State pursuant to NRS 623.349.

      10.  The Secretary of State shall not accept for filing any articles of organization or certificate of amendment of articles of organization of any limited-liability company formed or existing pursuant to the laws of this State which provides that the name of the limited-liability company contains the words “common-interest community,” “community association,” “master association,” “unit-owners’ association” or “homeowners’ association” or if it appears in the articles of organization or certificate of amendment of articles of organization that the purpose of the limited-liability company is to operate as a unit-owners’ association pursuant to chapter 116 of NRS unless the Administrator of the Real Estate Division of the Department of Business and Industry certifies that the limited-liability company has:

 


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ê2007 Statutes of Nevada, Page 8 (Chapter 2, AB 26)ê

 

the Administrator of the Real Estate Division of the Department of Business and Industry certifies that the limited-liability company has:

      (a) Registered with the Ombudsman for Owners in Common-Interest Communities pursuant to NRS 116.31158; and

      (b) Paid to the Administrator of the Real Estate Division the fees required pursuant to NRS 116.31155.

      [10.] 11.  The Secretary of State may adopt regulations that interpret the requirements of this section.

      Sec. 5.  NRS 87.450 is hereby amended to read as follows:

      87.450  1.  The name proposed for a registered limited-liability partnership must contain the words “Limited-Liability Partnership” or “Registered Limited-Liability Partnership” or the abbreviation “L.L.P.” or “LLP” as the last words or letters of the name and must be distinguishable on the records of the Secretary of State from the names of all other artificial persons formed, organized, registered or qualified pursuant to the provisions of this title that are on file in the Office of the Secretary of State and all names that are reserved in the Office of the Secretary of State pursuant to the provisions of this title. If the name of the registered limited-liability partnership on a certificate of registration of limited-liability partnership submitted to the Secretary of State is not distinguishable from a name on file or reserved name, the Secretary of State shall return the certificate to the person who signed it unless the written, acknowledged consent of the holder of the name on file or reserved name to use the name accompanies the certificate.

      2.  For the purposes of this section, a proposed name is not distinguishable from a name on file or reserved name solely because one or the other contains distinctive lettering, a distinctive mark, a trademark or a trade name, or any combination thereof.

      3.  The Secretary of State shall not accept for filing any certificate of registration or certificate of amendment of a certificate of registration of any registered limited-liability partnership formed or existing pursuant to the laws of this State which provides that the name of the registered limited-liability partnership contains the word “accountant,” “accounting,” “accountancy,” “auditor” or “auditing” unless the Nevada State Board of Accountancy certifies that the registered limited-liability partnership:

      (a) Is registered pursuant to the provisions of chapter 628 of NRS; or

      (b) Has filed with the Nevada State Board of Accountancy under penalty of perjury a written statement that the registered limited-liability partnership is not engaged in the practice of accounting and is not offering to practice accounting in this State.

      4.  The Secretary of State shall not accept for filing any certificate of registration or certificate of amendment of a certificate of registration of any registered limited-liability partnership formed or existing pursuant to the laws of this State which provides that the name of the registered limited-liability partnership contains the word “bank” or “trust” unless:

      (a) It appears from the certificate of registration or the certificate of amendment that the registered limited-liability partnership proposes to carry on business as a banking or trust company, exclusively or in connection with its business as a bank, savings and loan association or thrift company; and

      (b) The certificate of registration or certificate of amendment is first approved by the Commissioner of Financial Institutions.

 


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ê2007 Statutes of Nevada, Page 9 (Chapter 2, AB 26)ê

 

      5.  The Secretary of State shall not accept for filing any certificate of registration or certificate of amendment of a certificate of registration of any registered limited-liability partnership formed or existing pursuant to the provisions of this chapter if it appears from the certificate of registration or the certificate of amendment that the business to be carried on by the registered limited-liability partnership is subject to supervision by the Commissioner of Insurance or by the Commissioner of Financial Institutions, unless the certificate of registration or certificate of amendment is approved by the Commissioner who will supervise the business of the registered limited-liability partnership.

      6.  Except as otherwise provided in subsection 5, the Secretary of State shall not accept for filing any certificate of registration or certificate of amendment of a certificate of registration of any registered limited-liability partnership formed or existing pursuant to the laws of this State which provides that the name of the registered limited-liability partnership contains the words “engineer,” “engineered,” “engineering,” “professional engineer,” “registered engineer” or “licensed engineer” unless:

      (a) The State Board of Professional Engineers and Land Surveyors certifies that the principals of the registered limited-liability partnership are licensed to practice engineering pursuant to the laws of this State; or

      (b) The State Board of Professional Engineers and Land Surveyors certifies that the registered limited-liability partnership is exempt from the prohibitions of NRS 625.520.

      7.  Except as otherwise provided in subsection 5, the Secretary of State shall not accept for filing any certificate of registration or certificate of amendment of a certificate of registration of any registered limited-liability partnership formed or existing pursuant to the laws of this State which provides that the name of the registered limited-liability partnership contains the words “architect,” “architecture,” “registered architect,” “licensed architect,” “registered interior designer,” “registered interior design,” “residential designer,” “registered residential designer,” “licensed residential designer” or “residential design” unless the State Board of Architecture, Interior Design and Residential Design certifies that:

      (a) The principals of the registered limited-liability partnership are holders of a certificate of registration to practice architecture or residential design or to practice as a registered interior designer, as applicable, pursuant to the laws of this State; or

      (b) The registered limited-liability partnership is qualified to do business in this State pursuant to NRS 623.349.

      8.  The Secretary of State shall not accept for filing any certificate of registration or certificate of amendment of a certificate of registration of any registered limited-liability partnership formed or existing pursuant to the laws of this State which provides that the name of the registered limited-liability partnership contains the words “common-interest community,” “community association,” “master association,” “unit-owners’ association” or “homeowners’ association” or if it appears in the certificate of registration or certificate of amendment that the purpose of the registered limited-liability partnership is to operate as a unit-owners’ association pursuant to chapter 116 of NRS unless the Administrator of the Real Estate Division of the Department of Business and Industry certifies that the registered limited-liability partnership has:

 


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ê2007 Statutes of Nevada, Page 10 (Chapter 2, AB 26)ê

 

      (a) Registered with the Ombudsman for Owners in Common-Interest Communities pursuant to NRS 116.31158; and

      (b) Paid to the Administrator of the Real Estate Division the fees required pursuant to NRS 116.31155.

      [8.] 9.  The name of a registered limited-liability partnership whose right to transact business has been forfeited, which has merged and is not the surviving entity or whose existence has otherwise terminated is available for use by any other artificial person.

      [9.] 10.  The Secretary of State may adopt regulations that interpret the requirements of this section.

      Sec. 6.  NRS 88.320 is hereby amended to read as follows:

      88.320  1.  Except as otherwise provided in NRS 88.6065, the name proposed for a limited partnership as set forth in its certificate of limited partnership:

      (a) Must contain the words “Limited Partnership,” or the abbreviation “LP” or “L.P.”;

      (b) May not contain the name of a limited partner unless:

             (1) It is also the name of a general partner or the corporate name of a corporate general partner; or

             (2) The business of the limited partnership had been carried on under that name before the admission of that limited partner; and

      (c) Must be distinguishable on the records of the Secretary of State from the names of all other artificial persons formed, organized, registered or qualified pursuant to the provisions of this title that are on file in the Office of the Secretary of State and all names that are reserved in the Office of the Secretary of State pursuant to the provisions of this title. If the name on the certificate of limited partnership submitted to the Secretary of State is not distinguishable from any name on file or reserved name, the Secretary of State shall return the certificate to the filer, unless the written, acknowledged consent to the use of the same or the requested similar name of the holder of the name on file or reserved name accompanies the certificate of limited partnership.

      2.  For the purposes of this section, a proposed name is not distinguished from a name on file or reserved name solely because one or the other contains distinctive lettering, a distinctive mark, a trademark or a trade name, or any combination thereof.

      3.  The Secretary of State shall not accept for filing any certificate of limited partnership for any limited partnership formed or existing pursuant to the laws of this State which provides that the name of the limited partnership contains the word “accountant,” “accounting,” “accountancy,” “auditor” or “auditing” unless the Nevada State Board of Accountancy certifies that the limited partnership:

      (a) Is registered pursuant to the provisions of chapter 628 of NRS; or

      (b) Has filed with the Nevada State Board of Accountancy under penalty of perjury a written statement that the limited partnership is not engaged in the practice of accounting and is not offering to practice accounting in this State.

      4.  The Secretary of State shall not accept for filing any certificate of limited partnership for any limited partnership formed or existing pursuant to the laws of this State which provides that the name of the limited partnership contains the word “bank” or “trust” unless:

 


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ê2007 Statutes of Nevada, Page 11 (Chapter 2, AB 26)ê

 

      (a) It appears from the certificate of limited partnership that the limited partnership proposes to carry on business as a banking or trust company, exclusively or in connection with its business as a bank, savings and loan association or thrift company; and

      (b) The certificate of limited partnership is first approved by the Commissioner of Financial Institutions.

      5.  The Secretary of State shall not accept for filing any certificate of limited partnership for any limited partnership formed or existing pursuant to the provisions of this chapter if it appears from the certificate of limited partnership that the business to be carried on by the limited partnership is subject to supervision by the Commissioner of Insurance or by the Commissioner of Financial Institutions, unless the certificate of limited partnership is approved by the Commissioner who will supervise the business of the limited partnership.

      6.  Except as otherwise provided in subsection 5, the Secretary of State shall not accept for filing any certificate of limited partnership for any limited partnership formed or existing pursuant to the laws of this State which provides that the name of the limited partnership contains the words “engineer,” “engineered,” “engineering,” “professional engineer,” “registered engineer” or “licensed engineer” unless:

      (a) The State Board of Professional Engineers and Land Surveyors certifies that the principals of the limited partnership are licensed to practice engineering pursuant to the laws of this State; or

      (b) The State Board of Professional Engineers and Land Surveyors certifies that the limited partnership is exempt from the prohibitions of NRS 625.520.

      7.  Except as otherwise provided in subsection 5, the Secretary of State shall not accept for filing any certificate of limited partnership for any limited partnership formed or existing pursuant to the laws of this State which provides that the name of the limited partnership contains the words “architect,” “architecture,” “registered architect,” “licensed architect,” “registered interior designer,” “registered interior design,” “residential designer,” “registered residential designer,” “licensed residential designer” or “residential design” unless the State Board of Architecture, Interior Design and Residential Design certifies that:

      (a) The principals of the limited partnership are holders of a certificate of registration to practice architecture or residential design or to practice as a registered interior designer, as applicable, pursuant to the laws of this State; or

      (b) The limited partnership is qualified to do business in this State pursuant to NRS 623.349.

      8.  The Secretary of State shall not accept for filing any certificate of limited partnership for any limited partnership formed or existing pursuant to the laws of this State which provides that the name of the limited partnership contains the words “common-interest community,” “community association,” “master association,” “unit-owners’ association” or “homeowners’ association” or if it appears in the certificate of limited partnership that the purpose of the limited partnership is to operate as a unit-owners’ association pursuant to chapter 116 of NRS unless the Administrator of the Real Estate Division of the Department of Business and Industry certifies that the limited partnership has:

 


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ê2007 Statutes of Nevada, Page 12 (Chapter 2, AB 26)ê

 

      (a) Registered with the Ombudsman for Owners in Common-Interest Communities pursuant to NRS 116.31158; and

      (b) Paid to the Administrator of the Real Estate Division the fees required pursuant to NRS 116.31155.

      [8.] 9.  The name of a limited partnership whose right to transact business has been forfeited, which has merged and is not the surviving entity or whose existence has otherwise terminated is available for use by any other artificial person.

      [9.] 10.  The Secretary of State may adopt regulations that interpret the requirements of this section.

      Sec. 7.  This act becomes effective upon passage and approval.

________

 

CHAPTER 3, AB 47

Assembly Bill No. 47–Assemblyman Segerblom

 

CHAPTER 3

 

AN ACT relating to collection agencies; revising the circumstances under which attorneys licensed in this State are excluded from the definition of a collection agency; and providing other matters properly relating thereto.

 

[Approved: March 23, 2007]

 

Legislative Counsel’s Digest:

      Existing law exempts from the laws governing collection agencies any attorney who is retained to collect payment for a client provided the attorney is retained in the usual course of practice and any collecting performed by the attorney is incidental to his usual course of practice. (NRS 649.020) This bill repeals the requirement that collecting must be incidental to the usual course of practice of the attorney.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 649.020 is hereby amended to read as follows:

      649.020  1.  “Collection agency” means all persons engaging, directly or indirectly, and as a primary or a secondary object, business or pursuit, in the collection of or in soliciting or obtaining in any manner the payment of a claim owed or due or asserted to be owed or due to another.

      2.  “Collection agency” does not include any of the following unless they are conducting collection agencies:

      (a) Individuals regularly employed on a regular wage or salary, in the capacity of credit men or in other similar capacity upon the staff of employees of any person not engaged in the business of a collection agency or making or attempting to make collections as an incident to the usual practices of their primary business or profession.

      (b) Banks.

      (c) Nonprofit cooperative associations.

      (d) Unit-owners’ associations and the board members, officers, employees and units’ owners of those associations when acting under the authority of and in accordance with chapter 116 of NRS and the governing documents of the association, except for those community managers included within the term “collection agency” pursuant to subsection 3.

 


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ê2007 Statutes of Nevada, Page 13 (Chapter 3, AB 47)ê

 

documents of the association, except for those community managers included within the term “collection agency” pursuant to subsection 3.

      (e) Abstract companies doing an escrow business.

      (f) Duly licensed real estate brokers, except for those real estate brokers who are community managers included within the term “collection agency” pursuant to subsection 3.

      (g) Attorneys and counselors at law licensed to practice in this State, so long as they are retained by their clients to collect or to solicit or obtain payment of such clients’ claims in the usual course of the practice of their profession . [and the collection, solicitation or obtainment is incidental to the usual course of the practice of their profession.]

      3.  “Collection agency”:

      (a) Includes a community manager while engaged in the management of a common-interest community if the community manager, or any employee, agent or affiliate of the community manager, performs or offers to perform any act associated with the foreclosure of a lien pursuant to NRS 116.31162 to 116.31168, inclusive; and

      (b) Does not include any other community manager while engaged in the management of a common-interest community.

      4.  As used in this section:

      (a) “Community manager” has the meaning ascribed to it in NRS 116.023.

      (b) “Unit-owners’ association” has the meaning ascribed to it in NRS 116.011.

________

 

CHAPTER 4, SB 193

Senate Bill No. 193–Committee on Finance

 

CHAPTER 4

 

AN ACT making appropriations to the State Public Works Board to provide early funding for capital improvement projects at Ely State Prison and the Grant Sawyer Office Building; and providing other matters properly relating thereto.

 

[Approved: March 28, 2007]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the State Public Works Board the sum of $341,525 to support the Board in carrying out the portion of project 07-M01, HVAC Repairs to Evaporative Media, at Ely State Prison, that must be funded before June 30, 2007.

      Sec. 2.  There is hereby appropriated from the State General Fund to the State Public Works Board the sum of $1,252,976 to support the Board in carrying out the portions of project 07-M02, Sawyer Building Tile, Concrete, Fountain and Flag Pole, that must be funded before June 30, 2007. Notwithstanding the provisions of NRS 341.145, the Board may authorize a change order exceeding 10 percent of a former contract to include this project if it determines that changing an existing contract is the most effective and efficient manner of carrying out this project.

 


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ê2007 Statutes of Nevada, Page 14 (Chapter 4, SB 193)ê

 

project if it determines that changing an existing contract is the most effective and efficient manner of carrying out this project.

      Sec. 3.  The projects enumerated in this act are exempt from the competitive bidding requirements of chapter 338 of NRS.

      Sec. 4.  The State Public Works Board shall carry out the provisions of this act as provided in chapter 341 of NRS. The Board shall ensure that qualified persons are employed to accomplish the authorized work. Every contract pertaining to the work must be approved by the Attorney General.

      Sec. 5.  All state agencies involved in the design and construction of the projects enumerated in this act shall cooperate with the State Public Works Board to expedite the completion of the project.

      Sec. 6.  Any remaining balance of the appropriations made by sections 1 and 2 of this act must not be committed for expenditure after June 30, 2007, by the entity to which the appropriation is made or any entity to which the money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 21, 2007, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 7.  This act becomes effective upon passage and approval.

________

 

CHAPTER 5, AB 199

Assembly Bill No. 199–Committee on Ways and Means

 

CHAPTER 5

 

AN ACT making a supplemental appropriation to the Office of Health Administration of the Department of Health and Human Services to fund Poison Control Call Centers; and providing other matters properly relating thereto.

 

[Approved: April 3, 2007]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Office of Health Administration of the Department of Health and Human Services the sum of $151,668 to sustain the Poison Control Call Center Services. This appropriation is supplemental to that made by section 20 of chapter 434, Statutes of Nevada 2005, at page 1940.

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

________

 


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ê2007 Statutes of Nevada, Page 15ê

 

CHAPTER 6, AB 66

Assembly Bill No. 66–Assemblyman Goicoechea (by request)

 

CHAPTER 6

 

AN ACT relating to traffic laws; requiring drivers to stop at any location for a school bus displaying a flashing red light signal; and providing other matters properly relating thereto.

 

[Approved: April 3, 2007]

 

Legislative Counsel’s Digest:

      Existing law requires a driver of a vehicle to stop for a school bus displaying a flashing red light signal that has stopped upon a highway, street or road to receive or discharge a pupil. (NRS 484.357) This bill removes the specific locations so that a driver is required to stop for such a school bus at any location.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 484.357 is hereby amended to read as follows:

      484.357  1.  Except as otherwise provided in subsection 2, the driver of any vehicle [upon a highway, street or road,] when meeting or overtaking, from either direction, any school bus, equipped with signs and signals required by law, which has stopped [on the highway, street or road] to receive or discharge any pupil and is displaying a flashing red light signal visible from the front and rear, shall bring his vehicle to an immediate stop and shall not attempt to overtake or proceed past the school bus until the flashing red signal ceases operation.

      2.  The driver of a vehicle upon a divided highway need not stop upon meeting or passing a school bus which is positioned in the other roadway. The driver of a vehicle need not stop upon meeting or passing a school bus where traffic is controlled by a traffic officer.

      3.  Any person who violates any of the provisions of this section is guilty of a misdemeanor and:

      (a) For a third or any subsequent offense within 2 years after the most recent offense, shall be punished by a fine of not more than $1,000 and his driver’s license must be suspended for not more than 1 year.

      (b) For a second offense within 1 year after the first offense, shall be punished by a fine of not less than $250 nor more than $500 and his driver’s license must be suspended for 6 months.

      (c) For a first offense or any subsequent offense for which a punishment is not provided for in paragraph (a) or (b), shall be punished by a fine of not less than $250 nor more than $500.

      Sec. 2.  This act becomes effective on July 1, 2007.

________

 


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ê2007 Statutes of Nevada, Page 16ê

 

CHAPTER 7, SB 28

Senate Bill No. 28–Committee on Government Affairs

 

CHAPTER 7

 

AN ACT relating to public improvements; changing the date by which certain metropolitan police departments must annually submit a budget to the board of county commissioners for the operation of a system to provide a telephone number for use in an emergency; and providing other matters properly relating thereto.

 

[Approved: April 5, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides for the establishment of a 911 emergency telephone system by a board of county commissioners. (NRS 244A.765-244A.777) A board of county commissioners may delegate the operation of a 911 system to a metropolitan police department if such a department has been established in the county. (NRS 244A.767, 244A.768) This bill changes the date by which a metropolitan police department that has been delegated the operation of a 911 system must annually submit a budget for the operation of the system for the next fiscal year to the board of county commissioners from April 1 to May 1. (NRS 244A.775) This revised deadline corresponds with the annual deadline for the submission of operating budgets by metropolitan police departments. (NRS 280.190)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 244A.775 is hereby amended to read as follows:

      244A.775  1.  The board shall determine annually the amount of money necessary to pay the costs of acquiring, operating and maintaining the system and shall fix a rate, not greater than one-half cent per $100 of assessed valuation unless a different rate is established pursuant to subsection 3, which, when levied upon every dollar of assessed valuation of taxable property in the district , will raise that amount.

      2.  If the operation of the system has been delegated to the metropolitan police department, it shall submit to the board before [April] May 1 of each year a budget for the operation of the system for the following fiscal year. The board shall consider the budget of the department in making its determination of the amount of money necessary to be raised by taxation.

      3.  The maximum rate provided by subsection 1 for the levy of the tax may be increased if the board so proposes to the registered voters of the district, specifying the proposed rate, and the proposal is approved by a majority of the voters voting on the question at a primary or general election or a special election called for that purpose.

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

 


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ê2007 Statutes of Nevada, Page 17 (Chapter 7, SB 28)ê

 

or county or to enable the board to provide an essential service to the residents of the county.

      5.  The board shall levy and collect the tax upon the assessed valuation of all taxable property in the district, in the same manner, at the same time and in addition to other taxes levied by the board.

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

________

 

CHAPTER 8, AB 32

Assembly Bill No. 32–Committee on Judiciary

 

CHAPTER 8

 

AN ACT relating to court reporters; increasing the number of members of the Certified Court Reporters’ Board of Nevada and providing for the appointment of the additional members; revising provisions relating to a quorum of the Board; revising provisions governing qualification for a certified court reporter’s certificate; and providing other matters properly relating thereto.

 

[Approved: April 5, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides for the appointment of three members to the Certified Court Reporters’ Board of Nevada and establishes that all members of the Board must be present to transact the business of the Board. (NRS 656.040, 656.050, 656.080) Sections 1-3 of this bill increase the membership of the Board to five members, provide for the appointment of a member of the public as a member of the Board and revise the quorum requirements of the Board to reflect the increase in the number of members of the Board.

      Existing law establishes the requirements that a person must possess to be admitted to an examination to determine competency to engage in the practice of court reporting. (NRS 656.170) Section 4 of this bill provides that a person may present evidence of possessing any of certain certifications issued by the National Court Reporters Association to satisfy the requirements for admission to the examination.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 656.040 is hereby amended to read as follows:

      656.040  The Certified Court Reporters’ Board of Nevada, consisting of [three] five members, is hereby created.

      Sec. 2.  NRS 656.050 is hereby amended to read as follows:

      656.050  The members of the Board must be appointed by the Governor as follows:

      1.  One member of the Board must be an active member of the State Bar of Nevada.

      2.  [Two] Three members of the Board [, except members of the first Board appointed,] must be holders of certificates and must have been actively engaged as court reporters within this State for at least 5 years immediately preceding their appointment.

 


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ê2007 Statutes of Nevada, Page 18 (Chapter 8, AB 32)ê

 

      3.  One member of the Board must be a representative of the general public. This member must not be:

      (a) A court reporter; or

      (b) The spouse or the parent or child, by blood, marriage or adoption, of a court reporter.

      Sec. 3.  NRS 656.080 is hereby amended to read as follows:

      656.080  1.  Annually the Board shall designate a Chairman and a Vice Chairman from its membership.

      2.  The Board shall hold such meetings as may be necessary for the purpose of transacting its business.

      3.  [All] Three members of the Board [shall be present for the transaction of business.] constitute a quorum to transact all business, and a majority of those present must concur on any decision.

      Sec. 4.  NRS 656.170 is hereby amended to read as follows:

      656.170  1.  Examinations must be held [no] not less than twice a year at such times and places as the Board may designate.

      2.  No person may be admitted to the examination unless he first presents satisfactory evidence to the Board that he has:

      (a) Received a passing grade on the National Court Reporters Association’s examination for registered professional reporters;

      (b) A certificate of satisfactory completion of a prescribed course of study from a school for court reporters which includes English grammar, reading, spelling and vocabulary, medical and legal terminology, transcription, and court reporting at 200 words per minute with an accuracy of 97.5 percent;

      (c) A certificate as a registered professional reporter [or a certificate of] , registered merit reporter, certified CART provider, certified broadcast captioner or certified realtime reporter from the National Court Reporters Association;

      (d) A valid certificate or license to practice court reporting issued by another state; or

      (e) One year of continuous experience as a full-time court reporter using any system of manual or mechanical shorthand writing.

      Sec. 5.  1.  As soon as practicable on or after July 1, 2007, the Governor shall appoint to the Certified Court Reporters’ Board of Nevada pursuant to:

      (a) Subsection 2 of NRS 656.050, one member whose term expires on October 31, 2008.

      (b) Subsection 3 of NRS 656.050, one member whose term expires on October 31, 2009.

      2.  The amendatory provisions of this act do not abrogate or affect the current term of office of any member of the Certified Court Reporters’ Board of Nevada who is serving in the term on July 1, 2007.

      Sec. 6.  This act becomes effective on July 1, 2007.

________

 


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ê2007 Statutes of Nevada, Page 19ê

 

CHAPTER 9, AB 48

Assembly Bill No. 48–Assemblyman Manendo (by request)

 

CHAPTER 9

 

AN ACT relating to days of observance; requiring the Governor to proclaim the third week in April as “Nevada Shaken Baby Syndrome Awareness Week”; and providing other matters properly relating thereto.

 

[Approved: April 5, 2007]

 

Legislative Counsel’s Digest:

      Existing law sets forth certain days of observance in this State to commemorate certain persons or occasions or to publicize information regarding certain important topics. (Chapter 236 of NRS) This bill requires the Governor to proclaim the third week in April as “Nevada Shaken Baby Syndrome Awareness Week.”

 

 

      Whereas, The month of April has been designated as “National Child Abuse Prevention Month”; and

      Whereas, The most recent data from the National Child Abuse and Neglect Data System established by the United States Department of Health and Human Services reports that nearly 875,000 children were victims of abuse and neglect in the United States in 2004; and

      Whereas, According to the National Child Abuse and Neglect Data System, an average of four children died each day in the United States in 2004 as a result of abuse and neglect; and

      Whereas, According to the National Child Abuse and Neglect Data System, in 2004, 45 percent of the children who died as a result of abuse and neglect were children who were 1 year of age or younger and 81 percent of the children who died were children who were 3 years of age or younger; and

      Whereas, Child abuse involving head trauma, including, without limitation, the head trauma known as shaken baby syndrome, which is caused by the violent shaking of an infant or small child, is recognized as the leading cause of death of physically abused children; and

      Whereas, According to the National Center on Shaken Baby Syndrome, approximately 1,200 to 1,400 children are treated annually for signs or symptoms of shaken baby syndrome, and 25 to 30 percent of those children die as a result of their injuries; and

      Whereas, Shaken baby syndrome is an entirely preventable form of child abuse; and

      Whereas, Many severe and permanent physical and mental consequences may result from shaken baby syndrome, including, without limitation, various levels of brain damage, loss of vision, paralysis, seizures and death; and

      Whereas, Medical professionals believe that thousands of cases of shaken baby syndrome are being misdiagnosed or undetected each year in the United States; and

      Whereas, Shaken baby syndrome may result in more than $1,000,000 in medical costs to care for a single disabled child in the first few years of life; and

      Whereas, Educational and prevention programs constitute the most effective solution for minimizing shaken baby syndrome; and

 


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

ê2007 Statutes of Nevada, Page 20 (Chapter 9, AB 48)ê

 

      Whereas, Prevention programs have demonstrated that educating new parents about the danger of shaking young children and how they can help protect their child from injury can bring about a significant reduction in the number of cases of shaken baby syndrome; and

      Whereas, Educational programs have been shown to raise awareness and provide critically important information about shaken baby syndrome to parents, caregivers, daycare workers, employees of child protection agencies and law enforcement agencies, health care professionals and legal representatives; and

      Whereas, Congress has previously designated the third week of April as “National Shaken Baby Syndrome Awareness Week”; and

      Whereas, Congress strongly supports efforts to protect children from abuse and neglect; and

      Whereas, The State of Nevada supports the national effort to protect children from abuse and neglect and recognizes the importance of protecting the children of this State from abuse and neglect; now therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 236 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Governor shall annually proclaim the third week in April to be “Nevada Shaken Baby Syndrome Awareness Week.”

      2.  The proclamation must call upon news media, educators, health care providers and appropriate governmental officers to bring to the attention of the residents of this State:

      (a) Factual information regarding shaken baby syndrome, including, without limitation:

             (1) Statistical information regarding the number of children who are injured or killed each year as a result of shaken baby syndrome;

             (2) The signs and symptoms of shaken baby syndrome;

             (3) The types of injuries, including, without limitation, physical, mental and emotional consequences, which may result from shaken baby syndrome; and

             (4) The annual costs of providing medical treatment to children who suffer from shaken baby syndrome in this State; and

      (b) Educational programs and materials relating to the prevention of shaken baby syndrome.

      3.  As used in this section, “shaken baby syndrome” means a form of child abuse in which severe or permanent physical or mental consequences result from violent shaking or shaking and impacting of the head of an infant or small child, including, without limitation:

      (a) Various levels of brain damage or other neurological changes due to the destruction of cells of the brain;

      (b) Loss of vision;

      (c) Paralysis;

      (d) Seizures; and

      (e) Death.

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

________

 


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ê2007 Statutes of Nevada, Page 21ê

 

CHAPTER 10, SB 47

Senate Bill No. 47–Committee on Natural Resources

 

CHAPTER 10

 

AN ACT relating to agriculture; repealing the provision that establishes the manner of determining the county in which livestock or sheep are deemed to be located for the purposes of administering certain taxes; and providing other matters properly relating thereto.

 

[Approved: April 11, 2007]

 

Legislative Counsel’s Digest:

      The State Department of Agriculture administers, on a statewide basis, various taxes on livestock and sheep. (NRS 562.170, 567.110, 571.035) This bill repeals a provision that establishes the manner of determining the county in which livestock or sheep are deemed to be located for the purposes of administering those taxes.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 575.110 is hereby repealed.

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

________

 

CHAPTER 11, AB 9

Assembly Bill No. 9–Assemblyman Parks

 

CHAPTER 11

 

AN ACT relating to mortgage agents; authorizing a natural person to be licensed as a mortgage agent on behalf of a corporation or limited-liability company under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: April 20, 2007]

 

Legislative Counsel’s Digest:

      This bill authorizes a natural person who is qualified to be licensed as a mortgage agent under existing law to be issued such a license on behalf of a professional corporation of which he is the sole shareholder or on behalf of a limited-liability company of which he is the manager.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 645B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Any natural person who meets the qualifications of a mortgage agent and:

      (a) Except as otherwise provided in subsection 2, is the sole shareholder of a corporation organized pursuant to the provisions of chapter 89 of NRS; or

 


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ê2007 Statutes of Nevada, Page 22 (Chapter 11, AB 9)ê

 

      (b) Is the manager of a limited-liability company organized pursuant to the provisions of chapter 86 of NRS,

Ê may be licensed on behalf of the corporation or limited-liability company for the purpose of associating with a licensed mortgage broker in the capacity of a mortgage agent.

      2.  The spouse of the owner of the corporation who has a community interest in any shares of the corporation shall not be deemed a second shareholder of the corporation for the purposes of paragraph (a) of subsection 1, if the spouse does not vote any of those shares.

      3.  A license issued pursuant to this section entitles only the sole shareholder of the corporation or the manager of the limited-liability company to act as a mortgage agent, and only as an officer or agent of the corporation or limited-liability company and not on his own behalf. The licensee shall not do or deal in any act, acts or transactions included within the definition of a mortgage broker in NRS 645B.0127, except as that activity is permitted pursuant to this chapter to licensed mortgage agents.

      4.  The corporation or limited-liability company shall, within 30 days after a license is issued on its behalf pursuant to this section and within 30 days after any change in its ownership, file an affidavit with the Division stating:

      (a) For a corporation, the number of issued and outstanding shares of the corporation and the names of all persons to whom the shares have been issued.

      (b) For a limited-liability company, the names of members who have an interest in the company.

      5.  A license issued pursuant to this section automatically expires upon:

      (a) The death of the licensed shareholder in the corporation or the manager of the limited-liability company; or

      (b) The issuance of shares in the corporation to more than one person other than the spouse.

      6.  This section does not alter any of the rights, duties or liabilities which otherwise arise in the legal relationship between a mortgage broker or mortgage agent and a person who deals with him.

      Sec. 2.  (Deleted by amendment.)

      Sec. 3.  This act becomes effective on July 1, 2007.

________

 


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ê2007 Statutes of Nevada, Page 23ê

 

CHAPTER 12, AB 555

Assembly Bill No. 555–Committee on Ways and Means

 

CHAPTER 12

 

AN ACT transferring certain money appropriated to the Interim Finance Committee to the Rehabilitation Division of the Department of Employment, Training and Rehabilitation; and providing other matters properly relating thereto.

 

[Approved: April 20, 2007]

 

Legislative Counsel’s Digest:

      Certain appropriations were made to the Interim Finance Committee during the 2005 Legislative Session for allocation to the Rehabilitation Division of the Department of Employment, Training and Rehabilitation. (Section 40 of Chapter 434, Statutes of Nevada 2005, p. 1946) This bill transfers the appropriated amount for the Fiscal Year 2006-2007 to the Rehabilitation Division and allocates the amount between the Bureau of Vocational Rehabilitation and the Bureau of Services to the Blind and Visually Impaired of the Rehabilitation Division, effective upon passage and approval.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby transferred from the Interim Finance Committee to the Rehabilitation Division of the Department of Employment, Training and Rehabilitation the sum of $377,642 that was appropriated to the Interim Finance Committee pursuant to section 40 of chapter 434, Statutes of Nevada 2005, at page 1946, for allocation to the Rehabilitation Division. The amount transferred must be allocated as follows:

Bureau of Vocational Rehabilitation......................................... $294,503

Bureau of Services to the Blind and Visually Impaired............ $83,139

      2.  The amounts transferred pursuant to subsection 1 must not be committed for expenditure after June 30, 2007, by the entity to which the transfer is made or any entity to which money from the transfer is granted or otherwise transferred in any manner, and any portion of the transferred money remaining must not be spent for any purpose after September 21, 2007, by either the entity to which the money was transferred or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 21, 2007.

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

________

 


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ê2007 Statutes of Nevada, Page 24ê

 

CHAPTER 13, AB 607

Assembly Bill No. 607–Committee on Ways and Means

 

CHAPTER 13

 

AN ACT relating to capital improvement projects; revising a condition of the use of previously allocated money by the State Public Works Board; approving a change in scope to a capital improvement project; approving the use of the construction manager at risk management to expedite completion of the project; and providing other matters properly relating thereto.

 

[Approved: April 20, 2007]

 

Legislative Counsel’s Digest:

      During the 2005 Legislative Session, the Legislature approved Capital Improvement Project 05-C17 to design and construct a central dining room for the Veterans’ Nursing Home in Boulder City. (Chapter 398, Statutes of Nevada 2005, p. 1543) Section 15 of that act included a provision requiring the State Public Works Board to determine that the money authorized for expenditure on the project from sources other than the State is available and not able to be expended for other purposes before the Board executes a contract for the design or construction of the project. Section 1 of this bill makes that requirement apply only to the construction of the project.

      Section 2 of this bill approves a change in scope for the same capital improvement project to defer the framing, drywall, mechanical unit and ductwork, electrical, sprinklers, doors and windows, flooring, utility and off-site costs, furnishings and equipment, and professional services. Section 2 also provides that the deferred items will be reviewed by the 74th Session of the Legislature for consideration of funding in the 2007 Capital Improvement Program and approves the use of construction manager at risk services for this project.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 15 of chapter 398, Statutes of Nevada 2005, at page 1551, is hereby amended to read as follows:

       Sec. 15.  The State Public Works Board shall not execute a contract for the [design or] construction of project 05-C17, central dining room for Veterans’ Nursing Home in Boulder City, until the Board has determined that the money authorized for this project pursuant to section 12 of this act is available for expenditure for this project and cannot be expended for other purposes.

      Sec. 2.  1.  The Legislature hereby approves a change in scope to Capital Improvement Project No. 05-C17 to defer the following items totaling $1,633,736 that were included in the scope of Project No. 05-C17: framing, drywall, mechanical unit and ductwork, electrical, sprinklers, doors and windows, flooring, utility and off-site costs, furnishings and equipment, and professional services. The deferred items will be reviewed by the 74th Session of the Legislature for consideration of funding in the 2007 capital improvement program.

 


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ê2007 Statutes of Nevada, Page 25 (Chapter 13, AB 607)ê

 

      2.  The Legislature hereby approves the use of construction manager at risk services for Project No. 05-C17 to expedite completion of this capital improvement project.

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

________

 

CHAPTER 14, AB 192

Assembly Bill No. 192–Committee on Judiciary

 

CHAPTER 14

 

AN ACT relating to criminal procedure; clarifying provisions concerning the authority to stay the execution of a judgment of death; and providing other matters properly relating thereto.

 

[Approved: April 25, 2007]

 

Legislative Counsel’s Digest:

      Existing law sets forth the various ways in which a judgment of death may be stayed. (NRS 176.415) This bill clarifies that the Governor may also cause such a judgment to be stayed by granting a reprieve pursuant to Section 13 of Article 5 of the Nevada Constitution.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 176.415 is hereby amended to read as follows:

      176.415  The execution of a judgment of death must be stayed only:

      1.  By the State Board of Pardons Commissioners as authorized in [Sections 13 and] Section 14 of Article 5 of the Constitution of the State of Nevada;

      2.  By the Governor if he grants a reprieve pursuant to Section 13 of Article 5 of the Constitution of the State of Nevada;

      3.  When a direct appeal from the judgment of conviction and sentence is taken to the Supreme Court;

      [3.] 4.  By a judge of the district court of the county in which the state prison is situated, for the purpose of an investigation of sanity or pregnancy as provided in NRS 176.425 to 176.485, inclusive;

      [4.] 5.  By a judge of the district court in which a motion is filed pursuant to subsection 5 of NRS 175.554, for the purpose of determining whether the defendant is mentally retarded; or

      [5.] 6.  Pursuant to the provisions of NRS 176.0919 or 176.486 to 176.492, inclusive.

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

________

 


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ê2007 Statutes of Nevada, Page 26ê

 

CHAPTER 15, AB 153

Assembly Bill No. 153–Assemblymen Marvel and Arberry

 

CHAPTER 15

 

AN ACT relating to industrial programs for correctional institutions; authorizing the appointment of alternate members of the Committee on Industrial Programs; and providing other matters properly relating thereto.

 

[Approved: April 25, 2007]

 

Legislative Counsel’s Digest:

      Existing law creates the Committee on Industrial Programs and establishes the composition of the Committee, which consists of the Director of the Department of Corrections, the Chief of the Purchasing Division of the Department of Administration and eight members appointed by the Interim Finance Committee. (NRS 209.4817) This bill authorizes the Chairman of the Committee on Industrial Programs to appoint eight alternate members to serve in place of regular members who are unable to attend a meeting or perform their duties.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 209.4817 is hereby amended to read as follows:

      209.4817  1.  The Committee on Industrial Programs is hereby created.

      2.  The Committee [on Industrial Programs] consists of the Director of the Department, the Chief of the Purchasing Division of the Department of Administration and eight regular members appointed by the Interim Finance Committee as follows:

      (a) Two members of the Senate.

      (b) Two members of the Assembly.

      (c) Two persons who represent manufacturing in this State.

      (d) One person who represents business in this State.

      (e) One person who represents organized labor in this State.

      3.  The regular members of the Committee [on Industrial Programs] shall select a Chairman from among their membership.

      4.  Each regular member of the Committee [on Industrial Programs] appointed by the Interim Finance Committee must be appointed to a term of 2 years and may be reappointed.

      5.  At the first meeting of the Committee following each regular session of the Legislature, the Chairman of the Committee may appoint eight alternate members to serve in the place of regular members who are unable to attend a meeting or perform their duties, as follows:

      (a) Two members of the Senate, each of whom may serve in the place of a member of the Senate appointed pursuant to paragraph (a) of subsection 2.

      (b) Two members of the Assembly, each of whom may serve in the place of a regular member of the Assembly appointed pursuant to paragraph (b) of subsection 2.

      (c) Two persons who represent manufacturing in this State, each of whom may serve in the place of a person appointed pursuant to paragraph (c) of subsection 2.

 


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ê2007 Statutes of Nevada, Page 27 (Chapter 15, AB 153)ê

 

      (d) One person who represents business in this State, who may serve in the place of the person appointed pursuant to paragraph (d) of subsection 2.

      (e) One person who represents organized labor in this State, who may serve in the place of the person appointed pursuant to paragraph (e) of subsection 2.

Ê Each alternate member appointed by the Chairman must be appointed to a term of 2 years and may be reappointed.

      6.  Except during a regular or special session of the Legislature, each Legislator who is a regular member or an alternate member of the Committee [on Industrial Programs] is entitled to receive the compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a meeting of the Committee [on Industrial Programs] or is otherwise engaged in the work of the Committee . [on Industrial Programs.] Each nonlegislative regular member or alternate member appointed by the Interim Finance Committee or the Chairman of the Committee on Industrial Programs is entitled to receive compensation for his service on the Committee on Industrial Programs in the same amount and manner as the legislative regular members or alternate members whether or not the Legislature is in session. Each nonlegislative regular member or alternate member of the Committee [on Industrial Programs] is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. Each Legislator who is a regular member or an alternate member of the Committee [on Industrial Programs] is entitled to receive the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207. All compensation, allowances and travel expenses must be paid from the Fund for Prison Industries.

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

________

 

CHAPTER 16, SB 151

Senate Bill No. 151–Committee on Human Resources and Education

 

CHAPTER 16

 

AN ACT relating to education; revising the circumstances under which larger school districts may apply to the Superintendent of Public Instruction for an alternative school schedule; and providing other matters properly relating thereto.

 

[Approved: May 7, 2007]

 

Legislative Counsel’s Digest:

      Existing law requires school districts to provide at least 180 days of school in a school year. A school district in a county whose population is less than 100,000 (currently counties other than Clark and Washoe Counties) may apply to the Superintendent of Public Instruction for an alternative school schedule if the number of minutes of instruction provided under the alternative schedule is equal to or greater than the number of minutes provided in 180 school days. A school district in a county whose population is 100,000 or more (currently Clark and Washoe Counties) may apply for an alternative school schedule if the schedule will apply only to a rural or remote portion of the county in which the school district is located.

 


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ê2007 Statutes of Nevada, Page 28 (Chapter 16, SB 151)ê

 

remote portion of the county in which the school district is located. (NRS 388.090) This bill expands the circumstances under which a school district in a county whose population is 100,000 or more may apply for an alternative schedule to include an alternative schedule that is designed solely for the purpose of providing professional development for educational personnel.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 388.090 is hereby amended to read as follows:

      388.090  1.  Except as otherwise provided in this section, boards of trustees of school districts shall schedule and provide a minimum of 180 days of free school in the districts under their charge.

      2.  Except for an alternative schedule described in subsection 3, the Superintendent of Public Instruction may, upon application by the board of trustees of a school district, authorize the school district to provide a program of instruction based on an alternative schedule if the number of minutes of instruction to be provided is equal to or greater than the number of minutes of instruction that would be provided in a program of instruction consisting of 180 school days. The Superintendent of Public Instruction shall notify the board of trustees of the school district of the approval or denial of the application not later than 30 days after the Superintendent of Public Instruction receives the application. An alternative schedule proposed pursuant to this subsection must be developed in accordance with chapter 288 of NRS. If a school district is located in a county whose population is 100,000 or more, the board of trustees of the school district may not submit an application pursuant to this subsection unless the proposed alternative schedule of the school district [will] :

      (a) Will apply only to a rural portion or a remote portion of the county in which the school district is located, as defined by the State Board pursuant to subsection 9 [.] ; or

      (b) Is designed solely for the purpose of providing regular professional development to educational personnel and such professional development is focused on analyzing and discussing measures of the performance of pupils and identifying appropriate instructional strategies to improve the achievement of pupils.

      3.  The Superintendent of Public Instruction may, upon application by the board of trustees of a school district, authorize a reduction of not more than 15 school days in that particular district to establish or maintain an alternative schedule consisting of a 12-month school program if the board of trustees demonstrates that the proposed alternative schedule for the program provides for a number of minutes of instruction that is equal to or greater than that which would be provided under a program consisting of 180 school days. Before authorizing a reduction in the number of required school days pursuant to this subsection, the Superintendent of Public Instruction must find that the proposed alternative schedule will be used to alleviate problems associated with a growth in enrollment or overcrowding.

      4.  The Superintendent of Public Instruction may, upon application by a board of trustees, authorize the addition of minutes of instruction to any scheduled day of free school if days of free school are lost because of any interscholastic activity. Not more than 5 days of free school so lost may be rescheduled in this manner.

 


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ê2007 Statutes of Nevada, Page 29 (Chapter 16, SB 151)ê

 

rescheduled in this manner. The provisions of this subsection do not apply to an alternative schedule approved pursuant to subsection 2.

      5.  The number of minutes of instruction required for a particular group of pupils in a program of instruction based on an alternative schedule approved pursuant to this section must be determined by multiplying the appropriate minimum daily period of instruction established by the State Board by regulation for that particular group of pupils by 180.

      6.  Each school district shall schedule at least 3 contingent days of school, or its equivalent if the school district operates under an alternative schedule authorized pursuant to this section, in addition to the number of days required by this section, which must be used if a natural disaster, inclement weather or an accident necessitates the closing of a majority of the facilities within the district. The 3 contingent days of school, or its equivalent, may be scheduled as:

      (a) Full days of school;

      (b) An equivalent number of minutes of instruction added to any scheduled day of instruction, except that the minutes added must not be less than 30 minutes per school day; or

      (c) Any combination thereof.

      7.  If more than 3 days of free school or minutes of instruction equaling 3 days of free school, or the equivalent if the school district operates under an alternative schedule authorized pursuant to this section, are lost because a natural disaster, inclement weather or an accident necessitates the closing of a majority of the facilities within a school district, the Superintendent of Public Instruction, upon application by the school district, may permit the additional days or equivalent minutes of instruction lost to be counted as school days in session. The application must be submitted in the manner prescribed by the Superintendent of Public Instruction.

      8.  The Superintendent of Public Instruction may, upon application by the board of trustees of a school district, authorize additional days or minutes of instruction for a program of remedial education that is fully paid for through the school district, including, without limitation, the provision of transportation. If the Superintendent of Public Instruction authorizes such additional days or minutes, the board of trustees may adopt a policy prescribing the minimum number of days of attendance or the minimum number of minutes of attendance for a pupil who is determined to need such remedial education. If the board of trustees adopts such a policy, the policy must include, without limitation, the criteria for determining that a pupil be enrolled in the program of remedial education, the procedure pursuant to which parents and guardians will be notified of the pupil’s progress throughout the school year and a process for appealing a determination regarding a pupil’s need for remedial education.

      9.  The State Board shall adopt regulations:

      (a) Providing procedures for changing schedules of instruction to be used if a natural disaster, inclement weather or an accident necessitates the closing of a particular school within a school district.

      (b) Defining a rural portion of a county and a remote portion of a county for the purposes of subsection 2.

      Sec. 2.  This act becomes effective on July 1, 2007.

________

 


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ê2007 Statutes of Nevada, Page 30ê

 

CHAPTER 17, AB 4

Assembly Bill No. 4–Assemblyman Mabey

 

CHAPTER 17

 

AN ACT relating to civil actions; revising certain provisions providing immunity from civil liability for certain medical facilities and certain medical professionals who render certain emergency care or assistance under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 7, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides immunity from civil liability to certain medical professionals who provide certain services at the scene of an emergency or during the transportation of a person from the scene of an emergency. (Subsection 1 of NRS 41.505) Sections 2 and 5 of this bill move that immunity into a new separate section.

      Existing law provides immunity from civil liability to certain medical professionals who provide emergency obstetrical care or assistance to a pregnant woman during the birth of a child and the medical facilities in which such care or assistance is rendered for damages caused by the care or assistance if certain conditions are satisfied. (Subsection 3 of NRS 41.505) Sections 3 and 5 of this bill move that immunity into a new separate section.

      Existing law provides immunity from civil liability to physicians and nurses who render emergency care or assistance gratuitously and in good faith in an emergency in certain circumstances. An exception is included in that provision so that it does not apply if the provision concerning immunity to physicians who provide obstetrical care or assistance to a pregnant woman during labor or the delivery of a child applies. Section 5 of this bill removes that exception and specifies that the immunity applies to emergency obstetrical care or assistance which is provided gratuitously and in good faith.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 41 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  Any physician or registered nurse who in good faith gives instruction or provides supervision to an emergency medical attendant or registered nurse, at the scene of an emergency or while transporting an ill or injured person from the scene of an emergency, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, in giving that instruction or providing that supervision.

      2.  An emergency medical attendant, registered nurse or licensed practical nurse who obeys an instruction given by a physician, registered nurse or licensed practical nurse and thereby renders emergency care, at the scene of an emergency or while transporting an ill or injured person from the scene of an emergency, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, in rendering that emergency care.

      Sec. 3.  1.  Any person licensed under the provisions of chapter 630, 632 or 633 of NRS and any person who holds an equivalent license issued by another state who renders emergency obstetrical care or assistance to a pregnant woman during labor or the delivery of the child is not liable for any civil damages as a result of any act or omission by him in rendering that care or assistance if:

 


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ê2007 Statutes of Nevada, Page 31 (Chapter 17, AB 4)ê

 

any civil damages as a result of any act or omission by him in rendering that care or assistance if:

      (a) The care or assistance is rendered in good faith and in a manner not amounting to gross negligence or reckless, willful or wanton conduct;

      (b) The person has not previously provided prenatal or obstetrical care to the woman; and

      (c) The damages are reasonably related to or primarily caused by a lack of prenatal care received by the woman.

      2.  A licensed medical facility in which such care or assistance is rendered is not liable for any civil damages as a result of any act or omission by the person in rendering that care or assistance if that person is not liable for any civil damages pursuant to subsection 1 and the actions of the medical facility relating to the rendering of that care or assistance do not amount to gross negligence or reckless, willful or wanton conduct.

      Sec. 4.  NRS 41.503 is hereby amended to read as follows:

      41.503  1.  Except as otherwise provided in subsection 2 and NRS 41.505 [:] and sections 2 and 3 of this act:

      (a) A hospital which has been designated as a center for the treatment of trauma by the Administrator of the Health Division of the Department of Health and Human Services pursuant to NRS 450B.237 and which is a nonprofit organization;

      (b) A hospital other than a hospital described in paragraph (a);

      (c) An employee of a hospital described in paragraph (a) or (b) who renders care or assistance to patients;

      (d) A physician or dentist licensed under the provisions of chapter 630, 631 or 633 of NRS who renders care or assistance in a hospital described in paragraph (a) or (b), whether or not the care or assistance was rendered gratuitously or for a fee; and

      (e) A physician or dentist licensed under the provisions of chapter 630, 631 or 633 of NRS:

             (1) Whose liability is not otherwise limited pursuant to NRS 41.032 to 41.0337, inclusive; and

             (2) Who renders care or assistance in a hospital of a governmental entity that has been designated as a center for the treatment of trauma by the Administrator of the Health Division of the Department of Health and Human Services pursuant to NRS 450B.237, whether or not the care or assistance was rendered gratuitously or for a fee,

Ê that in good faith renders care or assistance necessitated by a traumatic injury demanding immediate medical attention, for which the patient enters the hospital through its emergency room or trauma center, may not be held liable for more than $50,000 in civil damages, exclusive of interest computed from the date of judgment, to or for the benefit of any claimant arising out of any act or omission in rendering that care or assistance if the care or assistance is rendered in good faith and in a manner not amounting to gross negligence or reckless, willful or wanton conduct.

      2.  The limitation on liability provided pursuant to this section does not apply to any act or omission in rendering care or assistance:

      (a) Which occurs after the patient is stabilized and is capable of receiving medical treatment as a nonemergency patient, unless surgery is required as a result of the emergency within a reasonable time after the patient is stabilized, in which case the limitation on liability provided by subsection 1 applies to any act or omission in rendering care or assistance which occurs before the stabilization of the patient following the surgery; or

 


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ê2007 Statutes of Nevada, Page 32 (Chapter 17, AB 4)ê

 

subsection 1 applies to any act or omission in rendering care or assistance which occurs before the stabilization of the patient following the surgery; or

      (b) Unrelated to the original traumatic injury.

      3.  If:

      (a) A physician or dentist provides follow-up care to a patient to whom he rendered care or assistance pursuant to subsection 1;

      (b) A medical condition arises during the course of the follow-up care that is directly related to the original traumatic injury for which care or assistance was rendered pursuant to subsection 1; and

      (c) The patient files an action for malpractice based on the medical condition that arises during the course of the follow-up care,

Ê there is a rebuttable presumption that the medical condition was the result of the original traumatic injury and that the limitation on liability provided by subsection 1 applies with respect to the medical condition that arises during the course of the follow-up care.

      4.  For the purposes of this section:

      (a) “Reckless, willful or wanton conduct,” as it applies to a person to whom subsection 1 applies, shall be deemed to be that conduct which the person knew or should have known at the time he rendered the care or assistance would be likely to result in injury so as to affect the life or health of another person, taking into consideration to the extent applicable:

             (1) The extent or serious nature of the prevailing circumstances;

             (2) The lack of time or ability to obtain appropriate consultation;

             (3) The lack of a prior medical relationship with the patient;

             (4) The inability to obtain an appropriate medical history of the patient; and

             (5) The time constraints imposed by coexisting emergencies.

      (b) “Traumatic injury” means any acute injury which, according to standardized criteria for triage in the field, involves a significant risk of death or the precipitation of complications or disabilities.

      Sec. 5.  NRS 41.505 is hereby amended to read as follows:

      41.505  1.  [Any physician or registered nurse who in good faith gives instruction or provides supervision to an emergency medical attendant or registered nurse, at the scene of an emergency or while transporting an ill or injured person from the scene of an emergency, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, in giving that instruction or providing that supervision. An emergency medical attendant, registered nurse or licensed practical nurse who obeys an instruction given by a physician, registered nurse or licensed practical nurse and thereby renders emergency care, at the scene of an emergency or while transporting an ill or injured person from the scene of an emergency, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, in rendering that emergency care.

      2.  Except as otherwise provided in subsection 3, any] Any person licensed under the provisions of chapter 630, 632 or 633 of NRS and any person who holds an equivalent license issued by another state, who renders emergency care or assistance , including, without limitation, emergency obstetrical care or assistance, in an emergency, gratuitously and in good faith, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance or as a result of any failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.

 


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ê2007 Statutes of Nevada, Page 33 (Chapter 17, AB 4)ê

 

negligence, to provide or arrange for further medical treatment for the injured or ill person. This section does not excuse a physician or nurse from liability for damages resulting from his acts or omissions which occur in a licensed medical facility relative to any person with whom there is a preexisting relationship as a patient.

      [3.  Any person licensed under the provisions of chapter 630, 632 or 633 of NRS and any person who holds an equivalent license issued by another state who renders emergency obstetrical care or assistance to a pregnant woman during labor or the delivery of the child is not liable for any civil damages as a result of any act or omission by him in rendering that care or assistance if:

      (a) The care or assistance is rendered in good faith and in a manner not amounting to gross negligence or reckless, willful or wanton conduct;

      (b) The person has not previously provided prenatal or obstetrical care to the woman; and

      (c) The damages are reasonably related to or primarily caused by a lack of prenatal care received by the woman.

Ê A licensed medical facility in which such care or assistance is rendered is not liable for any civil damages as a result of any act or omission by the person in rendering that care or assistance if that person is not liable for any civil damages pursuant to this subsection and the actions of the medical facility relating to the rendering of that care or assistance do not amount to gross negligence or reckless, willful or wanton conduct.]

      [4.] 2.  Any person licensed under the provisions of chapter 630, 632 or 633 of NRS and any person who holds an equivalent license issued by another state who:

      (a) Is retired or otherwise does not practice on a full-time basis; and

      (b) Gratuitously and in good faith, renders medical care within the scope of his license to an indigent person,

Ê is not liable for any civil damages as a result of any act or omission by him, not amounting to gross negligence or reckless, willful or wanton conduct, in rendering that care.

      [5.] 3.  Any person licensed to practice medicine under the provisions of chapter 630 or 633 of NRS or licensed to practice dentistry under the provisions of chapter 631 of NRS who renders care or assistance to a patient for a governmental entity or a nonprofit organization is not liable for any civil damages as a result of any act or omission by him in rendering that care or assistance if the care or assistance is rendered gratuitously, in good faith and in a manner not amounting to gross negligence or reckless, willful or wanton conduct.

      [6.] 4.  As used in this section:

      (a) “Emergency medical attendant” means a person licensed as an attendant or certified as an emergency medical technician, intermediate emergency medical technician or advanced emergency medical technician pursuant to chapter 450B of NRS.

      (b) “Gratuitously” has the meaning ascribed to it in NRS 41.500.

      Sec. 6.  The provisions of this act apply only to a cause of action that accrues on or after October 1, 2007.

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ê2007 Statutes of Nevada, Page 34ê

 

CHAPTER 18, AB 18

Assembly Bill No. 18–Committee on Judiciary

 

CHAPTER 18

 

AN ACT relating to privileged communications; expanding the confidentiality provisions pertaining to certain review committees to include certain committees of institutions of the Nevada System of Higher Education; and providing other matters properly relating thereto.

 

[Approved: May 7, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides that a committee which is responsible for evaluating and improving the quality of medical care rendered by certain organizations has a privilege to refuse to disclose its proceedings and records and the testimony given to it. (NRS 49.117-49.123) This bill extends the privilege to review committees of institutions of the Nevada System of Higher Education that provide clinical programs and practices related to the medical care or treatment of patients.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 49.117 is hereby amended to read as follows:

      49.117  As used in NRS 49.117 to 49.123, inclusive, unless the context otherwise requires, “review committee” means:

      1.  An organized committee of:

      (a) A hospital;

      (b) An ambulatory surgical center;

      (c) A health maintenance organization;

      (d) An organization that provides emergency medical services pursuant to the provisions of chapter 450B of NRS; [or]

      (e) A medical facility as defined in NRS 449.0151 [,] ; or

      (f) An institution of the Nevada System of Higher Education or any of its affiliated organizations that provides a clinical program or practice related to the medical treatment or care of patients,

Ê which has the responsibility of evaluating and improving the quality of care rendered by the parent organization;

      2.  A peer review committee of a medical or dental society; or

      3.  A medical review committee of a county or district board of health that certifies, licenses or regulates providers of emergency medical services pursuant to the provisions of chapter 450B of NRS, but only when functioning as a peer review committee.

      Sec. 2.  This act becomes effective on July 1, 2007.

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ê2007 Statutes of Nevada, Page 35ê

 

CHAPTER 19, AB 27

Assembly Bill No. 27–Committee on Commerce and Labor

 

CHAPTER 19

 

AN ACT relating to public utilities; authorizing the Public Utilities Commission of Nevada to assess administrative penalties in certain circumstances; requiring certain administrative fines assessed and collected by the Commission to be deposited in the State General Fund; authorizing the Commission to bring legal action in its own name to collect certain unpaid administrative fines; and providing other matters properly relating thereto.

 

[Approved: May 7, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, any person who violates certain provisions of Nevada public utilities law is subject to a civil penalty. (NRS 703.380) Section 2 of this bill provides that any person who violates public utilities law is subject to an administrative fine assessed by the Public Utilities Commission of Nevada. Section 2 also authorizes the Commission to bring legal action in its own name to collect any unpaid administrative fine that it has assessed and provides for the award of costs and reasonable attorney’s fees to the prevailing party.

      Sections 3 and 4 of this bill change the term “penalty” to “fee” for certain fees imposed by the Commission on utilities that are delinquent in paying a certain assessment. (NRS 704.035, 704.309) Section 11 of this bill repeals provisions regarding administrative penalties for a specified violation of public utilities law. (NRS 703.154, 704.430, 704.6881)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 703.154 is hereby amended to read as follows:

      703.154  1.  The Commission may adopt such regulations as are necessary to ensure the safe operation and maintenance of all storage facilities and intrastate pipelines in this State which are used to store and transport natural gas, liquefied petroleum gas, in its liquid or vapor form, or any mixture thereof. Regulations adopted pursuant to this subsection do not apply to activities that are subject to the provisions of NRS 590.465 to 590.645, inclusive, or chapter 704 of NRS.

      2.  If the Commission and any other governmental entity or agency of the State have coexisting jurisdiction over the regulation of such storage facilities and intrastate pipelines, the Commission has the final authority to regulate those facilities and pipelines and to take such actions as are necessary to carry out the regulations adopted pursuant to subsection 1.

      3.  A person who violates any of the provisions of a regulation adopted by the Commission pursuant to subsection 1 is liable for [a civil penalty] an administrative fine not to exceed $1,000 per day for each day of the violation and not to exceed $200,000 for any related series of violations. The amount of the [civil penalty] administrative fine must be determined [and may be compromised] in the manner provided in NRS 703.380.

      Sec. 2.  NRS 703.380 is hereby amended to read as follows:

      703.380  1.  Unless another [penalty] administrative fine is specifically provided, [any] a person, including, without limitation, a public utility, alternative seller, provider of discretionary natural gas service , [or] provider of new electric resources [,] or holder of any certificate of registration, license or permit issued by the Commission, or any officer, agent or employee of a public utility, alternative seller, provider of discretionary natural gas service , [or] provider of new electric resources or holder of any certificate of registration, license or permit issued by the Commission who:

 


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

ê2007 Statutes of Nevada, Page 36 (Chapter 19, AB 27)ê

 

utility, alternative seller, provider of discretionary natural gas service , [or] provider of new electric resources [,] or holder of any certificate of registration, license or permit issued by the Commission, or any officer, agent or employee of a public utility, alternative seller, provider of discretionary natural gas service , [or] provider of new electric resources or holder of any certificate of registration, license or permit issued by the Commission who:

      (a) Violates any applicable provision of this chapter or chapter 704, 704B, 705 or 708 of NRS [;] , including, without limitation, the failure to pay any applicable tax, fee or assessment;

      (b) Violates any rule or regulation of the Commission; or

      (c) Fails, neglects or refuses to obey any order of the Commission or any order of a court requiring compliance with an order of the Commission,

Ê is liable for [a civil penalty] an administrative fine, to be assessed by the Commission after notice and the opportunity for a hearing, in an amount not to exceed $1,000 per day for each day of the violation and not to exceed $100,000 for any related series of violations.

      2.  [The amount of any civil penalty to be imposed pursuant to this section, and the propriety of any compromise of a penalty, must be determined by a court of competent jurisdiction upon the complaint of the Commission.

      3.  Subject to the approval of the court, any civil penalty may be compromised by the Commission.] In determining the amount of the [penalty, or the amount agreed upon in compromise,] administrative fine, the Commission shall consider the appropriateness of the [penalty] fine to the size of the business of the person charged, the gravity of the violation , [and] the good faith of the person charged in attempting to achieve compliance [,] after notification of a violation [, must be considered.

      4.  Any penalty] and any repeated violations committed by the person charged.

      3.  An administrative fine assessed pursuant to this section is not a cost of service of a public utility and may not be included in any new application by a public utility for a rate adjustment or rate increase.

      4.  All money collected by the Commission as an administrative fine pursuant to this section must be deposited in the State General Fund.

      5.  The Commission may bring an appropriate action in its own name for the collection of any administrative fine that is assessed pursuant to this section. A court shall award costs and reasonable attorney’s fees to the prevailing party in an action brought pursuant to this subsection.

      6.  The administrative fine prescribed by this section is in addition to any other remedies, other than a monetary fine, provided by law, including, without limitation, the authority of the Commission to revoke a certificate of public convenience and necessity, license or permit pursuant to NRS 703.377.

      Sec. 3.  NRS 704.035 is hereby amended to read as follows:

      704.035  1.  On or before June 15 of each year, the Commission shall mail revenue report forms to all public utilities, providers of discretionary natural gas service and alternative sellers under its jurisdiction, to the address of those utilities, providers of discretionary natural gas service and alternative sellers on file with the Commission. The revenue report form serves as notice of the Commission’s intent to assess such entities, but failure to notify any such entity does not invalidate the assessment with respect thereto.

 


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ê2007 Statutes of Nevada, Page 37 (Chapter 19, AB 27)ê

 

      2.  Each public utility, provider of discretionary natural gas service and alternative seller subject to the provisions of NRS 704.033 shall complete the revenue report referred to in subsection 1, compute the assessment and return the completed revenue report to the Commission accompanied by payment of the assessment and any [penalty] fee due, pursuant to the provisions of subsection 5.

      3.  The assessment is due on July 1 of each year, but may, at the option of the public utility, provider of discretionary natural gas service and alternative seller, be paid quarterly on July 1, October 1, January 1 and April 1.

      4.  The assessment computed by the public utility, provider of discretionary natural gas service or alternative seller is subject to review and audit by the Commission, and the amount of the assessment may be adjusted by the Commission as a result of the audit and review.

      5.  Any public utility, provider of discretionary natural gas service or alternative seller failing to pay the assessment provided for in NRS 704.033 on or before August 1, or if paying quarterly, on or before August 1, October 1, January 1 or April 1, shall pay, in addition to such assessment, a [penalty] fee of 1 percent of the total unpaid balance for each month or portion thereof that the assessment is delinquent, or $10, whichever is greater, but no [penalty] fee may exceed $1,000 for each delinquent payment.

      6.  When a public utility, provider of discretionary natural gas service or alternative seller sells, transfers or conveys substantially all of its assets or, if applicable, its certificate of public convenience and necessity, the Commission shall determine, levy and collect the accrued assessment for the current year not later than 30 days after the sale, transfer or conveyance, unless the transferee has assumed liability for the assessment. For purposes of this subsection, the jurisdiction of the Commission over the selling, transferring or conveying public utility, provider of discretionary natural gas service or alternative seller continues until it has paid the assessment.

      7.  The Commission may bring an appropriate action in its own name for the collection of any assessment and [penalty] fee which is not paid as provided in this section.

      8.  The Commission shall, upon collection, transfer to the Account for the Consumer’s Advocate that portion of the assessments collected which belongs to the Consumer’s Advocate.

      Sec. 4.  NRS 704.309 is hereby amended to read as follows:

      704.309  1.  The Commission shall levy and collect an annual assessment from each railroad subject to the jurisdiction of the Commission that transports cargo into, out of or through this State to support the activities of the Commission relating to railroad safety.

      2.  The annual assessment levied on railroads:

      (a) Must be equal to the costs incurred by the Commission that are not offset by the fees paid pursuant to NRS 459.512.

      (b) Must be not more than 1 cent per ton of cargo transported by the railroads into, out of or through this State during the immediately preceding calendar year.

      3.  On or before September 1 of each year, the Commission shall:

      (a) Calculate the amount of the assessment to be levied pursuant to this section for the previous fiscal year; and

 


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ê2007 Statutes of Nevada, Page 38 (Chapter 19, AB 27)ê

 

      (b) Mail to each railroad subject to the provisions of this section to the current address of the railroad on file with the Commission a notice indicating the amount of the assessment. The failure of the Commission to so notify a railroad does not invalidate the assessment.

      4.  An assessment levied pursuant to this section is due on or before November 1 of each year. Each railroad that is subject to the provisions of this section which fails to pay the assessment on or before December 1, shall pay, in addition to the assessment, a [penalty] fee of 1 percent of the total unpaid balance for each month or portion thereof that the assessment is delinquent or $10, whichever is greater, except that no [penalty] fee may exceed $1,000 for each delinquent payment.

      5.  If a railroad sells or transfers its certificate of public convenience and necessity or sells or transfers substantially all of its assets, the Commission shall calculate, levy and collect the accrued assessment for the current year not later than 30 days after the sale or transfer, unless the purchaser or transferee has assumed liability for the assessment. For the purposes of this subsection, the jurisdiction of the Commission over the sale or transfer of a railroad continues until the assessment of the railroad has been paid.

      6.  The Commission may bring an appropriate action in its own name for the collection of any assessment and [penalty] fee that is not paid pursuant to this section.

      Sec. 5.  NRS 704.3296 is hereby amended to read as follows:

      704.3296  As used in NRS 704.3296 to [704.430,] 704.410, inclusive, unless the context otherwise requires, “electric utility” has the meaning ascribed to it in NRS 704.7571.

      Sec. 6.  NRS 704.360 is hereby amended to read as follows:

      704.360  All hearings and investigations under NRS 704.3296 to [704.430,] 704.410, inclusive, shall be conducted substantially as is provided for hearings and investigations of tolls, charges and service.

      Sec. 7.  NRS 704.400 is hereby amended to read as follows:

      704.400  Every order refusing or granting any certificates of public convenience, or granting or refusing permission to discontinue, modify or restrict service, as provided in NRS 704.3296 to [704.430,] 704.410, inclusive, is prima facie lawful from the date of the order until changed or modified by the order of the Commission or pursuant to NRS 703.373 to 703.376, inclusive.

      Sec. 8.  NRS 704.600 is hereby amended to read as follows:

      704.600  Any officer, agent or employee of any public utility who:

      1.  Willfully fails or refuses to fill out and return any blanks as required by this chapter;

      2.  Willfully fails or refuses to answer any questions therein propounded;

      3.  Knowingly or willfully gives a false answer to the questions;

      4.  Evades the answer to any question where the fact inquired of is within his knowledge; or

      5.  Upon proper demand, willfully fails or refuses to exhibit to the Commission or any Commissioners, or any person also authorized to examine the same, any book, paper or account of such public utility which is in his possession or under his control,

Ê is subject to the [penalty] administrative fine prescribed in NRS 703.380.

 


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ê2007 Statutes of Nevada, Page 39 (Chapter 19, AB 27)ê

 

      Sec. 9.  NRS 704.675 is hereby amended to read as follows:

      704.675  Every cooperative association or nonprofit corporation or association and every other supplier of services described in this chapter supplying those services for the use of its own members only is hereby declared to be affected with a public interest, to be a public utility, and to be subject to the jurisdiction, control and regulation of the Commission for the purposes of NRS 703.191, 704.330, 704.350 to [704.430,] 704.410, inclusive, but not to any other jurisdiction, control and regulation of the Commission or to the provisions of any section not specifically mentioned in this section.

      Sec. 10.  NRS 704.6881 is hereby amended to read as follows:

      704.6881  The Commission shall, by regulation:

      1.  Establish standards of performance and reporting regarding the provision of interconnection, unbundled network elements and resold services, which encourage competition and discourage discriminatory conduct in the provision of local telecommunication services; and

      2.  Notwithstanding the provisions of NRS 703.320 to the contrary, establish penalties and expedited procedures for imposing penalties upon a provider of telecommunication services for actions that are inconsistent with the standards established by the Commission pursuant to subsection 1. Such penalties may include financial payment to the complaining provider of telecommunication services for a violation of the standards established by the Commission pursuant to subsection 1, provided that any penalty paid must be deducted, with interest, from any other award under any other judicial or administrative procedure for the same conduct in the same reporting period. Any penalty imposed pursuant to this subsection is in lieu of the [civil penalties] administrative fine set forth in NRS 703.380 and must be:

      (a) Imposed for violating a standard or standards established by regulations of the Commission pursuant to subsection 1;

      (b) Determined by the Commission to further the goal of encouraging competition or discouraging discriminatory conduct; and

      (c) In an amount reasonable to encourage competition or discourage discriminatory conduct.

      Sec. 11.  NRS 704.430 is hereby repealed.

      Sec. 12.  This act becomes effective on July 1, 2007.

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ê2007 Statutes of Nevada, Page 40ê

 

CHAPTER 20, AB 30

Assembly Bill No. 30–Committee on Judiciary

 

CHAPTER 20

 

AN ACT relating to administrative assessments; revising provisions governing the distribution of proceeds from certain administrative assessments; and providing other matters properly relating thereto.

 

[Approved: May 7, 2007]

 

Legislative Counsel’s Digest:

      This bill revises the provision governing the distribution of proceeds collected from the administrative assessment that is imposed when a person pleads or is found guilty of a misdemeanor. (NRS 176.059) Under existing law, a percentage of those proceeds may be distributed to the Nevada Highway Patrol for certain purposes when authorized by the Legislature. Section 1 of this bill provides that any such distribution instead go to the Department of Public Safety.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 176.059 is hereby amended to read as follows:

      176.059  1.  Except as otherwise provided in subsection 2, when a defendant pleads guilty or is found guilty of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum prescribed by the following schedule as an administrative assessment and render a judgment against the defendant for the assessment:

 

Fine                                                                                              Assessment

$5 to $49.............................................................................................. $25

50 to 59................................................................................................... 40

60 to 69................................................................................................... 45

70 to 79................................................................................................... 50

80 to 89................................................................................................... 55

90 to 99................................................................................................... 60

100 to 199.............................................................................................. 70

200 to 299.............................................................................................. 80

300 to 399.............................................................................................. 90

400 to 499............................................................................................ 100

500 to 1,000........................................................................................ 115

 

If the justice or judge sentences the defendant to perform community service in lieu of a fine, the justice or judge shall include in the sentence the amount of the administrative assessment that corresponds with the fine for which the defendant would have been responsible as prescribed by the schedule in this subsection.

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

      (a) An ordinance regulating metered parking; or

      (b) An ordinance which is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.

      3.  The money collected for an administrative assessment must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for an administrative assessment must be stated separately on the court’s docket and must be included in the amount posted for bail.

 


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ê2007 Statutes of Nevada, Page 41 (Chapter 20, AB 30)ê

 

administrative assessment must be stated separately on the court’s docket and must be included in the amount posted for bail. If bail is forfeited, the administrative assessment included in the amount posted for bail pursuant to this subsection must be disbursed in the manner set forth in subsection 5 or 6. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment he has paid and the justice or judge shall not recalculate the administrative assessment.

      4.  If the justice or judge permits the fine and administrative assessment to be paid in installments, the payments must be first applied to the unpaid balance of the administrative assessment. The city treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 5. The county treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 6.

      5.  The money collected for administrative assessments in municipal court must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. The city treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

      (a) Two dollars to the county treasurer for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.

      (b) Seven dollars for credit to a special revenue fund for the use of the municipal courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the municipal general fund if it has not been committed for expenditure. The city treasurer shall provide, upon request by a municipal court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

      (c) The remainder of each assessment to the State Controller for credit to a special account in the State General Fund.

      6.  The money collected for administrative assessments in justice courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

      (a) Two dollars for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.

 


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ê2007 Statutes of Nevada, Page 42 (Chapter 20, AB 30)ê

 

      (b) Seven dollars for credit to a special revenue fund for the use of the justice courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a justice court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

      (c) The remainder of each assessment to the State Controller for credit to a special account in the State General Fund.

      7.  The money apportioned to a juvenile court, a justice court or a municipal court pursuant to this section must be used, in addition to providing services to juvenile offenders in the juvenile court, to improve the operations of the court, or to acquire appropriate advanced technology or the use of such technology, or both. Money used to improve the operations of the court may include expenditures for:

      (a) Training and education of personnel;

      (b) Acquisition of capital goods;

      (c) Management and operational studies; or

      (d) Audits.

      8.  Of the total amount deposited in the State General Fund pursuant to subsections 5 and 6, the State Controller shall distribute the money received to the following public agencies in the following manner:

      (a) Not less than 51 percent to the Office of Court Administrator for allocation as follows:

             (1) Eighteen and one-half percent of the amount distributed to the Office of Court Administrator for the administration of the courts.

             (2) Nine percent of the amount distributed to the Office of Court Administrator for the development of a uniform system for judicial records.

             (3) Nine percent of the amount distributed to the Office of Court Administrator for continuing judicial education.

             (4) Sixty percent of the amount distributed to the Office of Court Administrator for the supreme court.

             (5) Three and one-half percent of the amount distributed to the Office of Court Administrator for the payment for the services of retired justices and retired district judges.

      (b) Not more than 49 percent must be used to the extent of legislative authorization for the support of:

             (1) The Central Repository for Nevada Records of Criminal History;

             (2) The Peace Officers’ Standards and Training Commission;

             (3) The operation by the [Nevada Highway Patrol] Department of Public Safety of a computerized [switching] interoperative system for information related to law enforcement;

             (4) The Fund for the Compensation of Victims of Crime; and

             (5) The Advisory Council for Prosecuting Attorneys.

      9.  As used in this section:

      (a) “Juvenile court” has the meaning ascribed to it in NRS 62A.180.

      (b) “Office of Court Administrator” means the Office of Court Administrator created pursuant to NRS 1.320.

      Sec. 2.  This act becomes effective on July 1, 2007.

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ê2007 Statutes of Nevada, Page 43ê

 

CHAPTER 21, AB 35

Assembly Bill No. 35–Committee on Commerce and Labor

 

CHAPTER 21

 

AN ACT relating to hearing aid specialists; reducing the period during which a license issued by the Board of Hearing Aid Specialists may be renewed without an examination; and providing other matters properly relating thereto.

 

[Approved: May 7, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, a person who is issued a license by the Board of Hearing Aid Specialists and who fails to pay the annual license fee or submit all information required to renew the license may have the license renewed without an examination within 5 years after the date of expiration of the license if the person complies with certain requirements and pays, in addition to the annual license fee, the lapsed renewal fee for each year or portion of a year that the person has not paid the annual license fee. (NRS 637A.200, 637A.210)

      This bill reduces the period during which the person may have the expired license renewed without an examination from 5 years to 3 years.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 637A.200 is hereby amended to read as follows:

      637A.200  1.  Licenses expire on June 30 next following the date of issuance.

      2.  A licensee may have his license renewed for 1 year beginning on July 1, by:

      (a) Showing that he has fulfilled any requirements established by the Board for continuing education;

      (b) Paying the annual license fee; and

      (c) Submitting all information required to complete the renewal.

      3.  A licensee who fails to pay the annual license fee or submit all information required to complete the renewal may have his license renewed without an examination within [5 years] 3 years after the date of expiration by:

      (a) Complying with the requirements of subsection 2; and

      (b) Paying the lapsed renewal fee in addition to the annual license fee.

      Sec. 2.  NRS 637A.210 is hereby amended to read as follows:

      637A.210  The Board shall charge fees which must not [be greater than] exceed the following:

 

For a license as a hearing aid specialist:

 

Application fee........................................................................................ $250

Examination fee....................................................................................... 200

Initial license fee....................................................................................... 100

Annual license fee..................................................................................... 200

Duplicate license fee................................................................................... 20

Inactive status fee.................................................................................... 100

 


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ê2007 Statutes of Nevada, Page 44 (Chapter 21, AB 35)ê

 

For a license as an apprentice to a hearing aid specialist:

 

Application fee........................................................................................ $250

Annual license fee..................................................................................... 100

Inactive status fee.................................................................................... 100

 

For all licenses issued by the Board:

 

Lapsed renewal fee [per year for each year, or fraction thereof, that the annual license fee has not been paid]                $100

Reinstatement fee..................................................................................... 100

      Sec. 3.  This act becomes effective on July 1, 2007.

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CHAPTER 22, AB 100

Assembly Bill No. 100–Committee on Commerce and Labor

 

CHAPTER 22

 

AN ACT relating to certified court reporters; eliminating the requirement that a certified court reporter be appointed as a notary public to administer an oath or affirmation; and providing other matters properly relating thereto.

 

[Approved: May 7, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, a certified court reporter may not administer oaths and affirmations unless the court reporter is appointed as a notary public, including a notary public with limited powers. (NRS 240.030, 240.069) This bill eliminates that requirement and specifically authorizes a certified court reporter to administer oaths and affirmations without being appointed as a notary public.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 656 of NRS is hereby amended by adding thereto a new section to read as follows:

      A court reporter may administer oaths and affirmations without being appointed as a notary public pursuant to chapter 240 of NRS.

      Sec. 2.  NRS 240.030 is hereby amended to read as follows:

      240.030  1.  [Except as otherwise provided in subsection 4, each] Each person applying for appointment as a notary public must:

      (a) At the time he submits his application, pay to the Secretary of State $35.

      (b) Take and subscribe to the oath set forth in Section 2 of Article 15 of the Constitution of the State of Nevada as if he were a public officer.

      (c) Enter into a bond to the State of Nevada in the sum of $10,000, to be filed with the clerk of the county in which the applicant resides or, if the applicant is a resident of an adjoining state, with the clerk of the county in this State in which the applicant maintains a place of business or is employed. The applicant shall submit to the Secretary of State a certificate issued by the appropriate county clerk which indicates that the applicant filed the bond required pursuant to this paragraph.

 


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ê2007 Statutes of Nevada, Page 45 (Chapter 22, AB 100)ê

 

issued by the appropriate county clerk which indicates that the applicant filed the bond required pursuant to this paragraph.

      2.  In addition to the requirements set forth in subsection 1, an applicant for appointment as a notary public [, including, without limitation, a court reporter,] who resides in an adjoining state must submit to the Secretary of State with his application:

      (a) An affidavit setting forth the adjoining state in which he resides, his mailing address and the address of his place of business or employment that is located within the State of Nevada; and

      (b) Unless the applicant is self-employed, an affidavit from his employer setting forth the facts that show:

             (1) The employer is licensed to do business in the State of Nevada; and

             (2) The employer regularly employs the applicant at an office, business or facility which is located within the State of Nevada.

      3.  In completing an application, bond, oath or other document necessary to apply for appointment as a notary public, an applicant must not be required to disclose his residential address or telephone number on any such document which will become available to the public.

      4.  [A court reporter who has received a certificate of registration pursuant to NRS 656.180 may apply for appointment as a notary public with limited powers. Such an applicant is not required to enter into a bond to obtain the limited power of a notary public to administer oaths or affirmations.

      5.  If required, the] The bond, together with the oath, must be filed and recorded in the office of the county clerk of the county in which the applicant resides when he applies for his appointment or, if the applicant is a resident of an adjoining state, with the clerk of the county in this State in which the applicant maintains a place of business or is employed. On a form provided by the Secretary of State, the county clerk shall immediately certify to the Secretary of State that the required bond and oath have been filed and recorded. Upon receipt of the application, fee and certification that the required bond and oath have been filed and recorded, the Secretary of State shall issue a certificate of appointment as a notary public to the applicant.

      [6.  Except as otherwise provided in subsection 7, the]

      5.  The term of a notary public commences on the effective date of the bond required pursuant to paragraph (c) of subsection 1. A notary public shall not perform a notarial act after the effective date of the bond unless he has been issued a certificate of appointment.

      [7.  The term of a notary public with limited powers commences on the date set forth in his certificate of appointment.

      8.] 6.  Except as otherwise provided in this subsection, the Secretary of State shall charge a fee of $10 for each duplicate or amended certificate of appointment which is issued to a notary. If the notary public does not receive an original certificate of appointment, the Secretary of State shall provide a duplicate certificate of appointment without charge if the notary public requests such a duplicate within 60 days after the date on which the original certificate was issued.

      Sec. 3.  NRS 240.060 is hereby amended to read as follows:

      240.060  [Except as otherwise provided in NRS 240.069, a] A notary public may, during normal business hours, perform notarial acts in lawful transactions for a person who requests the act and tenders the appropriate fee.

 


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ê2007 Statutes of Nevada, Page 46 (Chapter 22, AB 100)ê

 

      Sec. 4.  NRS 240.120 is hereby amended to read as follows:

      240.120  1.  [Except as otherwise provided in NRS 240.069, each] Each notary public shall keep a journal in his office in which he shall enter for each notarial act performed, at the time the act is performed:

      (a) The fees charged, if any;

      (b) The title of the document;

      (c) The date on which he performed the service;

      (d) The name and signature of the person whose signature is being notarized;

      (e) A description of the evidence used by the notary public to verify the identification of the person whose signature is being notarized;

      (f) An indication of whether he administered an oath; and

      (g) The type of certificate used to evidence the notarial act, as required pursuant to NRS 240.1655.

      2.  If the notary verifies the identification of the person whose signature is being notarized on the basis of a credible witness, the notary public shall:

      (a) Require the witness to sign the journal in the space provided for the description of the evidence used; and

      (b) Make a notation in the journal that the witness is a credible witness.

      3.  The journal must:

      (a) Be open to public inspection.

      (b) Be in a bound volume with preprinted page numbers.

      4.  A notary public shall, upon request and payment of the fee set forth in NRS 240.100, provide a certified copy of an entry in his journal.

      5.  A notary public shall retain each journal that he has kept pursuant to this section until 7 years after the date on which he ceases to be a notary public.

      6.  A notary public shall file a report with the Secretary of State and the appropriate law enforcement agency if his journal is lost or stolen.

      7.  The provisions of this section do not apply to a person who is authorized to perform a notarial act pursuant to paragraph (b), (c) or (d) of subsection 1 of NRS 240.1635.

      Sec. 5.  NRS 240.069 is hereby repealed.

      Sec. 6.  Any certificate of appointment as a notary public with limited powers that has been issued to a certified court reporter pursuant to subsection 4 of NRS 240.030 is void on and after July 1, 2007.

      Sec. 7.  This act becomes effective on July 1, 2007.

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ê2007 Statutes of Nevada, Page 47ê

 

CHAPTER 23, AB 114

Assembly Bill No. 114–Assemblymen Pierce, Conklin, Parks, Allen, Anderson, Arberry, Atkinson, Bobzien, Buckley, Claborn, Denis, Gansert, Gerhardt, Hogan, Horne, Kihuen, Kirkpatrick, Leslie, Mabey, Manendo, Munford, Oceguera, Ohrenschall, Parnell, Segerblom, Smith, Stewart and Womack

 

CHAPTER 23

 

AN ACT relating to personal identifying information; requiring solicitors to verify addresses on applications for credit when offering credit cards by mail; providing for a civil action for crimes involving the theft of personal identifying information; and providing other matters properly relating thereto.

 

[Approved: May 7, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill requires solicitors that make firm offers of credit by mail, and subsequently receive an acceptance to an offer listing an address for the person that is different from the address to which the offer was sent, to verify that the person replying to the offer is the same person to whom the offer was made. Section 1 enumerates the different methods a solicitor may use to verify that the person accepting the offer is the same person to whom the offer was made. Section 2 of this bill expands existing law related to crimes involving theft and misuse of personal identifying information to allow a victim of identity theft to bring a civil suit seeking recovery of damages and costs related to the theft of personal identifying information by a public officer or employee and the possession and sale of personal identifying information. (NRS 41.1345)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 97A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a solicitor makes a firm offer of credit for a credit card to a person by mail and receives an acceptance of that offer which has a substantially different address listed for the person than the address to which the solicitor sent the offer, the solicitor shall verify that the person accepting the offer is the same person to whom the offer was made before sending the person the credit card.

      2.  A solicitor shall be deemed to have verified the address of a person pursuant to subsection 1 if the solicitor:

      (a) Telephones the person at a telephone number appearing in a publicly available directory or database as the telephone number of the person to whom the solicitation was made and the person acknowledges his acceptance of the solicitation;

      (b) Receives from the person accepting the offer of credit proof of identity in the form of an identification document, including, without limitation, a driver’s license or passport, which confirms that the person accepting the solicitation is the person to whom the solicitation was made; or

      (c) Uses any other commercially reasonable means to confirm that the person accepting the solicitation is the person to whom the solicitation was made, including, without limitation, any means adopted in federal regulations.

 


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

ê2007 Statutes of Nevada, Page 48 (Chapter 23, AB 114)ê

 

made, including, without limitation, any means adopted in federal regulations.

      3.  For the purposes of this section:

      (a) “Firm offer of credit” has the meaning ascribed to it in 15 U.S.C. § 1681a(l).

      (b) “Solicitor” means a person who makes a firm offer of credit for a credit card by mail solicitation, but does not include an issuer or other creditor when that issuer or creditor relies on an independent third party to provide the solicitation services.

      Sec. 2.  NRS 41.1345 is hereby amended to read as follows:

      41.1345  1.  A person who has suffered injury as the proximate result of a violation of the provisions of NRS 205.463 , 205.464 or 205.465 may commence an action for the recovery of his actual damages, costs and reasonable attorney’s fees and for any punitive damages that the facts may warrant.

      2.  An action described in subsection 1 must be commenced not later than 2 years after the person who suffered the injury discovers the facts constituting the violation of the provisions of NRS 205.463 [.] , 205.464 or 205.465.

      Sec. 3.  NRS 598B.115 is hereby amended to read as follows:

      598B.115  If a creditor other than a creditor subject to the provisions of section 1 of this act mails a solicitation for the extension of credit to a person and the person applies for such credit, the creditor shall mail the extension of credit to the person to the same address as the solicitation, unless the creditor verifies any change of address of the person using a reliable method.

________

 

CHAPTER 24, AB 152

Assembly Bill No. 152–Committee on Judiciary

 

CHAPTER 24

 

AN ACT relating to medical laboratories; exempting tests and examinations requested by a court pursuant to a program of treatment and rehabilitation from certain restrictions relating to tests and examinations conducted in medical laboratories; and providing other matters properly relating thereto.

 

[Approved: May 7, 2007]

 

Legislative Counsel’s Digest:

      Existing law establishes provisions that set forth certain restrictions relating to tests and examinations conducted in medical laboratories. (Chapter 652 of NRS) These restrictions include allowing laboratories to only examine specimens at the request of certain persons, allowing laboratories to report the results of such examinations only to certain persons and allowing only certain persons to manipulate a person for the collection of specimens. (NRS 652.190, 652.210) Existing law also exempts tests and examinations conducted by law enforcement officers and agencies from such provisions. (NRS 652.245) This bill extends the exemption to tests and examinations requested by a court pursuant to a program of treatment and rehabilitation.

 


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

ê2007 Statutes of Nevada, Page 49 (Chapter 24, AB 152)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 652.245 is hereby amended to read as follows:

      652.245  The provisions of this chapter do not apply to any test or examination [conducted] :

      1.  Conducted by a law enforcement officer or agency [.] ; or

      2.  Required by a court as a part of or in addition to a program of treatment and rehabilitation pursuant to NRS 453.580.

________

 

CHAPTER 25, AB 75

Assembly Bill No. 75–Assemblywoman Gansert

 

CHAPTER 25

 

AN ACT relating to anatomical gifts; revising the provisions governing the use of money in the Anatomical Gift Account; and providing other matters properly relating thereto.

 

[Approved: May 7, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, up to 5 percent of the average balance of the Anatomical Gift Account for each fiscal year may be used to pay the costs incurred by the University of Nevada School of Medicine to administer programs relating to anatomical gifts. (NRS 460.150) This bill increases the maximum percentage of the average balance that may be used for such administrative costs to 20 percent.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 460.150 is hereby amended to read as follows:

      460.150  1.  The School of Medicine may apply for and accept any gifts, grants, appropriations or donations to assist the School of Medicine in carrying out programs relating to anatomical gifts.

      2.  Any money received by the School of Medicine for programs relating to anatomical gifts must be deposited in the State Treasury for credit to the Anatomical Gift Account which is hereby created in the State General Fund. The Dean shall administer the Account.

      3.  The money in the Account must only be used to:

      (a) Carry out the provisions of NRS 460.140; and

      (b) Pay the costs [, not to exceed 5 percent of the average balance of the Account for each fiscal year,] incurred by the School of Medicine to administer programs relating to anatomical gifts. The total amount paid pursuant to this paragraph in any one fiscal year must not exceed 20 percent of the average balance of the Account for the immediately preceding fiscal year.

      4.  The money in the Account must:

      (a) Be invested as money in other state accounts is invested; and

      (b) Remain in the Account and does not revert to the State General Fund at the end of any fiscal year.

 


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ê2007 Statutes of Nevada, Page 50 (Chapter 25, AB 75)ê

 

      5.  Each claim against the Account must be:

      (a) Approved by the Dean before the claim is paid; and

      (b) Paid as other claims against the State are paid.

      Sec. 2.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 26, AB 8

Assembly Bill No. 8–Assemblyman Manendo

 

CHAPTER 26

 

AN ACT relating to criminal procedure; revising provisions governing the right to bail or release before a conviction for driving a vehicle or operating a vessel under the influence of intoxicating liquor, a controlled substance or certain other substances; and providing other matters properly relating thereto.

 

[Approved: May 7, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill prohibits a person who is arrested for driving a vehicle or operating a vessel under the influence of intoxicating liquor from being admitted to bail or released on his own recognizance until the concentration of alcohol in his breath is less than 0.04. Section 1 also prohibits a person who is arrested for driving a vehicle or operating a vessel under the influence of a controlled substance or certain other substances from being admitted to bail or released on his own recognizance for at least 12 hours after his arrest. (NRS 178.484)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 178.484 is hereby amended to read as follows:

      178.484  1.  Except as otherwise provided in this section, a person arrested for an offense other than murder of the first degree must be admitted to bail.

      2.  A person arrested for a felony who has been released on probation or parole for a different offense must not be admitted to bail unless:

      (a) A court issues an order directing that the person be admitted to bail;

      (b) The State Board of Parole Commissioners directs the detention facility to admit the person to bail; or

      (c) The Division of Parole and Probation of the Department of Public Safety directs the detention facility to admit the person to bail.

      3.  A person arrested for a felony whose sentence has been suspended pursuant to NRS 4.373 or 5.055 for a different offense or who has been sentenced to a term of residential confinement pursuant to NRS 4.3762 or 5.076 for a different offense must not be admitted to bail unless:

      (a) A court issues an order directing that the person be admitted to bail; or

      (b) A department of alternative sentencing directs the detention facility to admit the person to bail.

      4.  A person arrested for murder of the first degree may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.

 


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ê2007 Statutes of Nevada, Page 51 (Chapter 26, AB 8)ê

 

giving due weight to the evidence and to the nature and circumstances of the offense.

      5.  A person arrested for a violation of NRS 484.379, 484.3795, 484.37955, 488.410, 488.420 or 488.425 who is under the influence of intoxicating liquor must not be admitted to bail or released on his own recognizance unless he has a concentration of alcohol of less than 0.04 in his breath. A test of the person’s breath pursuant to this subsection to determine the concentration of alcohol in his breath as a condition of admission to bail or release is not admissible as evidence against the person.

      6.  A person arrested for a violation of NRS 484.379, 484.3795, 484.37955, 488.410, 488.420 or 488.425 who is under the influence of a controlled substance, is under the combined influence of intoxicating liquor and a controlled substance, or inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle or vessel under power or sail must not be admitted to bail or released on his own recognizance sooner than 12 hours after his arrest.

      7.  A person arrested for a battery that constitutes domestic violence pursuant to NRS 33.018 must not be admitted to bail sooner than 12 hours after his arrest. If the person is admitted to bail more than 12 hours after his arrest, pursuant to subsection 5 of NRS 171.178, without appearing personally before a magistrate, or without the amount of bail having been otherwise set by a magistrate or a court, the amount of bail must be:

      (a) Three thousand dollars, if the person has no previous convictions of battery that constitute domestic violence pursuant to NRS 33.018 and there is no reason to believe that the battery for which he has been arrested resulted in substantial bodily harm;

      (b) Five thousand dollars, if the person has:

             (1) No previous convictions of battery that constitute domestic violence pursuant to NRS 33.018, but there is reason to believe that the battery for which he has been arrested resulted in substantial bodily harm; or

             (2) One previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018, but there is no reason to believe that the battery for which he has been arrested resulted in substantial bodily harm; or

      (c) Fifteen thousand dollars, if the person has:

             (1) One previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018 and there is reason to believe that the battery for which he has been arrested resulted in substantial bodily harm; or

             (2) Two or more previous convictions of battery that constitute domestic violence pursuant to NRS 33.018.

Ê The provisions of this subsection do not affect the authority of a magistrate or a court to set the amount of bail when the person personally appears before the magistrate or the court, or when a magistrate or a court has otherwise been contacted to set the amount of bail. For the purposes of this subsection, a person shall be deemed to have a previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018 if the person has been convicted of such an offense in this State or has been convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct.

 


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

ê2007 Statutes of Nevada, Page 52 (Chapter 26, AB 8)ê

 

      [6.] 8.  A person arrested for violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or for violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS must not be admitted to bail sooner than 12 hours after his arrest if the arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm. If the person is admitted to bail more than 12 hours after his arrest, pursuant to subsection 5 of NRS 171.178, without appearing personally before a magistrate, or without the amount of bail having been otherwise set by a magistrate or a court, the amount of bail must be:

      (a) Three thousand dollars, if the person has no previous convictions of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS;

      (b) Five thousand dollars, if the person has one previous conviction of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS; or

      (c) Fifteen thousand dollars, if the person has two or more previous convictions of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS.

Ê The provisions of this subsection do not affect the authority of a magistrate or a court to set the amount of bail when the person personally appears before the magistrate or the court, or when a magistrate or a court has otherwise been contacted to set the amount of bail. For the purposes of this subsection, a person shall be deemed to have a previous conviction of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS if the person has been convicted of such an offense in this State or has been convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct.

      [7.] 9.  The court may, before releasing a person arrested for an offense punishable as a felony, require the surrender to the court of any passport the person possesses.

      [8.] 10.  Before releasing a person arrested for any crime, the court may impose such reasonable conditions on the person as it deems necessary to protect the health, safety and welfare of the community and to ensure that the person will appear at all times and places ordered by the court, including, without limitation:

      (a) Requiring the person to remain in this State or a certain county within this State;

 


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

ê2007 Statutes of Nevada, Page 53 (Chapter 26, AB 8)ê

 

      (b) Prohibiting the person from contacting or attempting to contact a specific person or from causing or attempting to cause another person to contact that person on his behalf;

      (c) Prohibiting the person from entering a certain geographic area; or

      (d) Prohibiting the person from engaging in specific conduct that may be harmful to his own health, safety or welfare, or the health, safety or welfare of another person.

Ê In determining whether a condition is reasonable, the court shall consider the factors listed in NRS 178.4853.

      [9.] 11.  If a person fails to comply with a condition imposed pursuant to subsection [8,] 10, the court may, after providing the person with reasonable notice and an opportunity for a hearing:

      (a) Deem such conduct a contempt pursuant to NRS 22.010; or

      (b) Increase the amount of bail pursuant to NRS 178.499.

      [10.] 12.  An order issued pursuant to this section that imposes a condition on a person admitted to bail must include a provision ordering any law enforcement officer to arrest the person if he has probable cause to believe that the person has violated a condition of his bail.

      [11.] 13.  Before a person may be admitted to bail, he must sign a document stating that:

      (a) He will appear at all times and places as ordered by the court releasing him and as ordered by any court before which the charge is subsequently heard;

      (b) He will comply with the other conditions which have been imposed by the court and are stated in the document; and

      (c) If he fails to appear when so ordered and is taken into custody outside of this State, he waives all his rights relating to extradition proceedings.

Ê The signed document must be filed with the clerk of the court of competent jurisdiction as soon as practicable, but in no event later than the next business day.

      [12.] 14.  If a person admitted to bail fails to appear as ordered by a court and the jurisdiction incurs any cost in returning the person to the jurisdiction to stand trial, the person who failed to appear is responsible for paying those costs as restitution.

      [13.] 15.  For the purposes of subsection [6,] 8, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief that might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.

      Sec. 2.  NRS 178.4851 is hereby amended to read as follows:

      178.4851  1.  Upon a showing of good cause, a court may release without bail any person entitled to bail if it appears to the court that it can impose conditions on the person that will adequately protect the health, safety and welfare of the community and ensure that he will appear at all times and places ordered by the court.

      2.  In releasing a person without bail , the court may impose such conditions as it deems necessary to protect the health, safety and welfare of the community and to ensure that he will appear at all times and places ordered by the court, including, without limitation, any condition set forth in subsection [8] 10 of NRS 178.484.

      3.  Upon a showing of good cause, a sheriff or chief of police may release without bail any person charged with a misdemeanor pursuant to standards established by a court of competent jurisdiction.

 


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

ê2007 Statutes of Nevada, Page 54 (Chapter 26, AB 8)ê

 

      4.  Before a person may be released without bail, he must file with the clerk of the court of competent jurisdiction a signed document stating that:

      (a) He will appear at all times and places as ordered by the court releasing him and as ordered by any court before which the charge is subsequently heard;

      (b) He will comply with the other conditions which have been imposed by the court and are stated in the document;

      (c) If he fails to appear when so ordered and is taken into custody outside of this State, he waives all his rights relating to extradition proceedings; and

      (d) He understands that any court of competent jurisdiction may revoke the order of release without bail and may order him into custody or require him to furnish bail or otherwise ensure the protection of the health, safety and welfare of the community or his appearance.

      5.  If a jurisdiction incurs any costs in returning a person to the jurisdiction to stand trial, the person failing to appear is responsible for paying those costs as restitution.

      6.  An order issued pursuant to this section that imposes a condition on a person who is released without bail must include a provision ordering a law enforcement officer to arrest the person if he has probable cause to believe that the person has violated a condition of his release.

________

 

CHAPTER 27, AB 5

Assembly Bill No. 5–Assemblyman Hardy

 

CHAPTER 27

 

AN ACT relating to motor vehicles; requiring the Department of Motor Vehicles to adopt varying dates of registration of vehicles registered by the Motor Carrier Division of the Department and certain heavier vehicles; providing for the payment of fees for registration in installments; and providing other matters properly relating thereto.

 

[Approved: May 7, 2007]

 

Legislative Counsel’s Digest:

      Sections 1, 2 and 4-6 of this bill allow the Department of Motor Vehicles to set varying dates for the registration of vehicles which weigh over 26,000 pounds or which otherwise must be registered through the Motor Carrier Division of the Department. (NRS 371.070, 482.206, 482.463) Section 3 of this bill allows the Department to set the dates for installment payments for the registration of vehicles in a fleet by regulation instead of requiring payment on dates currently set by statute. (NRS 482.482) Section 7 of this bill provides that the registration requirements become effective on January 1, 2009.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.206 is hereby amended to read as follows:

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

 


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

ê2007 Statutes of Nevada, Page 55 (Chapter 27, AB 5)ê

 

registered for a period of 12 consecutive months beginning the day after the first registration by the owner in this State.

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

      3.  A vehicle which must be registered through the Motor Carrier Division of the Department, or a motor vehicle which has a declared gross weight in excess of 26,000 pounds, must be registered for a period of 12 consecutive months beginning on the date established by the Department by regulation.

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

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

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

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

Ê and a credit on the portion of the fee for registration and the governmental services tax attributable to the remainder of the current period of registration must be allowed pursuant to the applicable provisions of NRS 482.399.

      Sec. 2.  NRS 482.463 is hereby amended to read as follows:

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

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

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

      Sec. 3.  NRS 482.482 is hereby amended to read as follows:

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

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

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

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

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

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

      2.  Except as otherwise provided in subsection 6, the original or renewal registration fees for fleets of vehicles with a declared gross weight in excess of 26,000 pounds and the governmental services tax imposed by the provisions of chapter 371 of NRS for the privilege of operating those vehicles may be paid in [equal installments.

 


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ê2007 Statutes of Nevada, Page 56 (Chapter 27, AB 5)ê

 

of 26,000 pounds and the governmental services tax imposed by the provisions of chapter 371 of NRS for the privilege of operating those vehicles may be paid in [equal installments. Installments are due on or before January 31, April 1, July 1 and October 1 of each year. The] installments, the amount of [each installment] which must be determined by [taking the total fee and governmental services tax due for the calendar year and dividing that total by four.] regulation. The Department shall not allow installment payments for a vehicle added to a fleet after the original or renewal registration is issued.

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

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

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

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

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

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

      Sec. 4.  NRS 371.070 is hereby amended to read as follows:

      371.070  Upon the registration for the first time in this State after the beginning of the period of registration [year] of a vehicle which is registered pursuant to the provisions of NRS 706.801 to 706.861, inclusive, or which has a declared gross weight in excess of 26,000 pounds, the amount of the governmental services tax must be reduced one-twelfth for each month which has elapsed since the beginning of [such year.] the period of registration.

      Sec. 5.  NRS 371.080 is hereby amended to read as follows:

      371.080  If any vehicle which is registered pursuant to the provisions of NRS 706.801 to 706.861, inclusive, or has a declared gross weight in excess of 26,000 pounds, and which is exempt from the governmental services tax pursuant to NRS 371.100 ceases to be exempt after the beginning of the period of registration [year] by reason of a change of ownership, the amount of the tax must be reduced one-twelfth for each month which has elapsed since the beginning of that [year.] period of registration.

      Sec. 6.  NRS 706.841 is hereby amended to read as follows:

      706.841  1.  Each operator shall qualify to operate pursuant to the provisions of NRS 706.801 to 706.861, inclusive, by filing an application for that purpose with the Department :

      (a) If the application is an initial application for registration, before the time any fee becomes delinquent [.] ; and

 


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

ê2007 Statutes of Nevada, Page 57 (Chapter 27, AB 5)ê

 

      (b) If the application is for the renewal of a registration, on or before December 1.

      2.  The application must:

      (a) Show the total mileage of motor vehicles operated by the person in this State and all states and countries during the next preceding 12 months ending June 30 and describe and identify each motor vehicle to be operated during the period of registration in such detail as the Department may require.

      (b) Be accompanied by a fee, unless the Department is satisfied that the fee is secured, to be computed as follows:

             (1) Divide the number of in-state miles by the total number of fleet miles;

             (2) Determine the total amount of money necessary to register each motor vehicle in the fleet for which registration is requested; and

             (3) Multiply the amount determined under subparagraph (2) by the fraction obtained pursuant to subparagraph (1).

      Sec. 7.  1.  This section and section 6 of this act become effective upon passage and approval.

      2.  Sections 1 to 5, inclusive, of this act become effective:

      (a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      (b) On January 1, 2009, for all other purposes.

________

 

CHAPTER 28, SB 34

Senate Bill No. 34–Committee on Judiciary

 

CHAPTER 28

 

AN ACT relating to protective orders; revising the provisions governing additional penalties imposed for certain violations of orders for the protection of children; revising the jurisdiction of certain justice courts with respect to the issuance of orders for protection against domestic violence; and providing other matters properly relating thereto.

 

[Approved: May 8, 2007]

 

Legislative Counsel’s Digest:

      Existing law imposes an additional penalty on a person who commits certain felonies when violating certain types of protective orders. (NRS 193.166) Section 1 of this bill provides that a person who intentionally violates an extended order for the protection of a child, which is a felony, is not subject to the additional penalty unless the person committed an additional felony when the person violated the order. (NRS 33.400)

 


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

ê2007 Statutes of Nevada, Page 58 (Chapter 28, SB 34)ê

 

      Existing law provides that justice courts have jurisdiction to issue orders for protection against domestic violence, except in certain counties and townships or when certain actions are pending in district court. (NRS 4.370) Instead of the exception for certain pending action, section 2 of this bill provides that a justice court does not have jurisdiction to issue an order for protection against domestic violence if a district court issues a written order to the justice court requiring that further proceedings relating to the action for the issuance of the order of protection be conducted before the district court.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 193.166 is hereby amended to read as follows:

      193.166  1.  Except as otherwise provided in NRS 193.169, a person who commits a crime that is punishable as a felony, other than a crime that is punishable as a felony pursuant to subsection 6 of NRS 33.400 or subsection 5 of NRS 200.591, in violation of:

      (a) A temporary or extended order for protection against domestic violence issued pursuant to NRS 33.020;

      (b) An order for protection against harassment in the workplace issued pursuant to NRS 33.270;

      (c) A temporary or extended order for the protection of a child issued pursuant to NRS 33.400;

      (d) An order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS; or

      (e) A temporary or extended order issued pursuant to NRS 200.591,

Ê shall be punished by imprisonment in the state prison, except as otherwise provided in this subsection, for a term equal to and in addition to the term of imprisonment prescribed by statute for that crime. If the crime committed by the person is punishable as a category A felony or category B felony, in addition to the term of imprisonment prescribed by statute for that crime, the person shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years. The sentence prescribed by this section runs concurrently or consecutively with the sentence prescribed by statute for the crime, as ordered by the court.

      2.  The court shall not grant probation to or suspend the sentence of any person convicted of attempted murder, battery which involves the use of a deadly weapon, or battery which results in substantial bodily harm if an additional term of imprisonment may be imposed for that primary offense pursuant to this section.

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

      Sec. 2.  NRS 4.370 is hereby amended to read as follows:

      4.370  1.  Except as otherwise provided in subsection 2, justice courts have jurisdiction of the following civil actions and proceedings and no others except as otherwise provided by specific statute:

      (a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed $10,000.

      (b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed $10,000.

 


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ê2007 Statutes of Nevada, Page 59 (Chapter 28, SB 34)ê

 

to or boundaries of the real property, if the damage claimed does not exceed $10,000.

      (c) Except as otherwise provided in paragraph (l), in actions for a fine, penalty or forfeiture not exceeding $10,000, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.

      (d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $10,000, though the penalty may exceed that sum. Bail bonds and other undertakings posted in criminal matters may be forfeited regardless of amount.

      (e) In actions to recover the possession of personal property, if the value of the property does not exceed $10,000.

      (f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed $10,000.

      (g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed do not exceed $10,000 or when no damages are claimed.

      (h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed do not exceed $10,000 or when no damages are claimed.

      (i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed $10,000.

      (j) Of actions for the enforcement of mechanics’ liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $10,000.

      (k) Of actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $10,000.

      (l) In actions for a fine imposed for a violation of NRS 484.757.

      (m) Except as otherwise provided in this paragraph, in any action for the issuance of a temporary or extended order for protection against domestic violence. A justice court does not have jurisdiction in an action for the issuance of a temporary or extended order for protection against domestic violence:

             (1) In a county whose population is more than 100,000 and less than 400,000;

             (2) In any township whose population is 100,000 or more located within a county whose population is more than 400,000; or

             (3) If a [party to the action is a party in another action pending in the] district court [in which such an order may be granted by] issues a written order to the justice court requiring that further proceedings relating to the action for the issuance of the order of protection be conducted before the district court.

      (n) In an action for the issuance of a temporary or extended order for protection against harassment in the workplace pursuant to NRS 33.200 to 33.360, inclusive.

      (o) In small claims actions under the provisions of chapter 73 of NRS.

      (p) In actions to contest the validity of liens on mobile homes or manufactured homes.

      (q) In any action pursuant to NRS 200.591 for the issuance of a protective order against a person alleged to be committing the crime of stalking, aggravated stalking or harassment.

 


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ê2007 Statutes of Nevada, Page 60 (Chapter 28, SB 34)ê

 

      (r) In actions transferred from the district court pursuant to NRS 3.221.

      (s) In any action for the issuance of a temporary or extended order pursuant to NRS 33.400.

      2.  The jurisdiction conferred by this section does not extend to civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.

      3.  Justice courts have jurisdiction of all misdemeanors and no other criminal offenses except as otherwise provided by specific statute. Upon approval of the district court, a justice court may transfer original jurisdiction of a misdemeanor to the district court for the purpose of assigning an offender to a program established pursuant to NRS 176A.250.

      4.  Except as otherwise provided in subsections 5 and 6, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.

      5.  In the case of any arrest made by a member of the Nevada Highway Patrol, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.

      6.  Each justice court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.

      Sec. 3.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 29, AB 24

Assembly Bill No. 24–Committee on Commerce and Labor

 

CHAPTER 29

 

AN ACT relating to consumer reporting; prohibiting a credit reporting agency from charging certain elderly consumers a fee to release their consumer reports to specific persons or for specific periods or to place security freezes in or remove security freezes from their credit files; reducing the amount of fees that may be charged by credit reporting agencies to other consumers; and providing other matters properly relating thereto.

 

[Approved: May 10, 2007]

 

Legislative Counsel’s Digest:

      Existing law authorizes a credit reporting agency to charge a fee to place a security freeze in or to remove a security freeze from the credit file of a consumer if requested by the consumer. (NRS 598C.300, 598C.320) The security freeze is designed to prevent a credit reporting agency from releasing a consumer report without the consumer’s consent. (NRS 598C.310) A credit reporting agency may also charge a fee to release temporarily a credit report of a consumer to a specific person or for a specific period. (NRS 598C.320)

      This bill prohibits a credit reporting agency from charging a consumer who is 65 years of age or older a fee to release temporarily his consumer report to a specific person or for a specific period or to place a security freeze in or to remove a security freeze from his credit file and reduces the maximum amount of the fees authorized for other persons.

 


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ê2007 Statutes of Nevada, Page 61 (Chapter 29, AB 24)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 598C.320 is hereby amended to read as follows:

      598C.320  1.  Except as otherwise provided in this section [:

      (a) A reporting agency may charge a consumer a reasonable fee, not to exceed $15, to place a security freeze in his file.

      (b) After a security freeze has been placed in the file of a consumer, a reporting agency may charge the consumer a reasonable fee:

             (1) Not to exceed $18, to remove the security freeze from his file pursuant to NRS 598C.360.

             (2) Not to exceed $18, to temporarily release his consumer report for a specific period pursuant to NRS 598C.350.

             (3) Not to exceed $20, to temporarily release his consumer report to a specific person pursuant to NRS 598C.350.] , a reporting agency may charge a consumer a fee, not to exceed $10, to place, remove or temporarily release a security freeze on his file.

      2.  A reporting agency may not charge a consumer the [fees] fee set forth in subsection 1 to place a security freeze in his file, to temporarily release his consumer report for a specific period or to a specific person, or to remove a security freeze from his file if [the] :

      (a) The consumer is 65 years of age or older; or

      (b) The consumer is a victim of identity theft and the consumer submits, at the time the security freeze is requested, a valid copy of a police report, investigative report or complaint which the consumer has filed with a law enforcement agency regarding the unlawful use of the personal information of the consumer by another person.

      3.  On January 1 of each year, a reporting agency may increase the fees set forth in subsection 1 based proportionally on changes to the Consumer Price Index of All Urban Consumers, as determined by the United States Department of Labor, with fractional changes rounded to the nearest 25 cents.

________

 


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ê2007 Statutes of Nevada, Page 62ê

 

CHAPTER 30, AB 34

Assembly Bill No. 34–Committee on Commerce and Labor

 

CHAPTER 30

 

AN ACT relating to unemployment compensation; revising provisions governing the appointment of and procedures relating to Appeal Tribunals for claims relating to unemployment compensation; providing for interlocal agreements to appoint Appeal Tribunals; revising provisions governing the charging of the records for experience ratings of former employers of a discharged employee; and providing other matters properly relating thereto.

 

[Approved: May 10, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides for the appointment of Appeal Tribunals to hear appeals of claims relating to unemployment compensation. (NRS 612.490-612.520) Section 2 of this bill provides that the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation shall appoint the Appeal Tribunals rather than the Appeal Tribunals being appointed by the Board of Review. Further, the Administrator is authorized to enter into an interlocal agreement pursuant to chapter 277 of NRS to provide for the appointment of Appeal Tribunals. Section 2 also changes the size of an Appeal Tribunal from three persons to one person. (NRS 612.490) Section 3 of this bill provides that the Administrator rather than the Board of Review shall adopt regulations governing appeals and hearings. (NRS 612.500) Section 4 of this bill provides that the Administrator rather than the Board of Review may transfer an appeal between Appeal Tribunals. (NRS 612.520)

      Section 5 of this bill provides that if an employee leaves his last or his next to last employer to take other employment, and then leaves or is discharged by the latter employer, the benefits paid to him must not be charged against the record for experience rating of the former employer.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 612.270 is hereby amended to read as follows:

      612.270  1.  In the discharge of the duties imposed by this chapter, the Administrator, [the Chairman of] an Appeal Tribunal created by this chapter, the members of the Board of Review [,] and any authorized representatives of any of them may:

      (a) Take depositions.

      (b) Certify to official acts.

      (c) Issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed necessary as evidence in connection with an appealed claim or the administration of this chapter.

      2.  Witness fees may be paid to those witnesses in the amounts provided by law for witnesses in a district court.

      Sec. 2.  NRS 612.490 is hereby amended to read as follows:

      612.490  1.  To hear and decide appealed claims, the [Board of Review shall appoint] Administrator shall:

      (a) Appoint one or more impartial Appeal Tribunals consisting in each case of [either] a salaried examiner, selected in accordance with NRS 612.230 [, or a body consisting of three members, one of whom must be a salaried examiner and who serves as Chairman, one of whom must be a representative of employers and the other of whom must be a representative of employees.

 


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ê2007 Statutes of Nevada, Page 63 (Chapter 30, AB 34)ê

 

salaried examiner and who serves as Chairman, one of whom must be a representative of employers and the other of whom must be a representative of employees. Each of the latter two members serves at the pleasure of the Board of Review and each is entitled to be paid a fee of not more than $80, as fixed by the Board, for each day of active service on the Tribunal.

      2.  While engaged in the business of the Tribunal, each member of the Tribunal is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      3.] ; or

      (b) Enter into an interlocal agreement with another public agency pursuant to chapter 277 of NRS for the appointment of a single hearing officer.

      2.  No person may participate on behalf of the Administrator [or the Board of Review] in any case in which he is an interested party.

      [4.  The Board of Review]

      3.  The Administrator may designate [alternates] an alternate to serve in the absence or disqualification of any [member of an] Appeal Tribunal. [The Chairman shall act alone in the absence or disqualification of any other member and his alternates.

      5.  A hearing may not proceed unless the chairman of the Appeal Tribunal is present.

      6.  The Administrator shall provide the Board of Review and the Appeal Tribunal with proper facilities and assistants for the execution of their functions.]

      Sec. 3.  NRS 612.500 is hereby amended to read as follows:

      612.500  1.  A reasonable opportunity for a fair hearing on appeals must be promptly afforded all parties.

      2.  An Appeal Tribunal shall inquire into and develop all facts bearing on the issues and shall receive and consider evidence without regard to statutory and common-law rules. In addition to the issues raised by the appealed determination, the Appeal Tribunal may consider all issues affecting the claimant’s rights to benefits from the beginning of the period covered by the determination to the date of the hearing.

      3.  [The] An Appeal Tribunal shall include in the record and consider as evidence all records of the Administrator that are material to the issues.

      4.  The [Board of Review] Administrator shall adopt regulations governing the manner of filing appeals and the conduct of hearings and appeals consistent with the provisions of this chapter.

      5.  A record of all testimony and proceedings on appeal must be kept for 6 months after the date on which a decision of an Appeal Tribunal is mailed, but testimony need not be transcribed unless further review is initiated. If further review is not initiated within that period, the record may be destroyed.

      6.  Witnesses subpoenaed are entitled to fees in the amounts specified in NRS 50.225 and the fees of witnesses so subpoenaed shall be deemed part of the expense of administering this chapter.

      7.  [A member of an] An Appeal Tribunal shall not participate in an appeal hearing in which he has a direct or indirect interest.

      8.  If the records of an appeal have been destroyed pursuant to subsection 5, a person aggrieved by the decision in the appeal may petition a district court for a trial de novo. If the district court finds that good cause exists for the party’s failure to pursue the administrative remedies provided in NRS 612.510, it may grant the petitioner’s request.

 


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ê2007 Statutes of Nevada, Page 64 (Chapter 30, AB 34)ê

 

exists for the party’s failure to pursue the administrative remedies provided in NRS 612.510, it may grant the petitioner’s request.

      Sec. 4.  NRS 612.520 is hereby amended to read as follows:

      612.520  1.  The [Board of Review,] Administrator, for cause, may remove or transfer to another Appeal Tribunal any appeal pending before an Appeal Tribunal.

      2.  The parties to any appeal so removed or transferred by the [Board] Administrator shall be given a full and fair hearing on the original appeal.

      Sec. 5.  NRS 612.551 is hereby amended to read as follows:

      612.551  1.  Except as otherwise provided in subsections 2 and 3, if the Division determines that a claimant has earned 75 percent or more of his wages during his base period from one employer, it shall notify the employer of its determination and advise him that he has a right to protest the charging of benefits to his account pursuant to subsection 4 of NRS 612.550.

      2.  Benefits paid pursuant to an elected base period in accordance with NRS 612.344 must not be charged against the record for experience rating of the employer.

      3.  If a claimant leaves [an] his last or next to last employer to take other employment and leaves or is discharged by the latter employer, benefits paid to him must not be charged against the record for experience rating of the former employer.

      4.  If the employer provides evidence within 10 working days after the notice required by subsection 1 was mailed which satisfies the Administrator that the claimant:

      (a) Left his employment voluntarily without good cause or was discharged for misconduct connected with his employment; or

      (b) Was the spouse of an active member of the Armed Forces of the United States and left his employment because his spouse was transferred to a different location,

Ê the Administrator shall order that the benefits not be charged against the record for experience rating of the employer.

      5.  The employer may appeal from the ruling of the Administrator relating to the cause of the termination of the employment of the claimant in the same manner as appeals may be taken from determinations relating to claims for benefits.

      6.  A determination made pursuant to this section does not constitute a basis for disqualifying a claimant to receive benefits.

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

________

 


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ê2007 Statutes of Nevada, Page 65ê

 

CHAPTER 31, AB 37

Assembly Bill No. 37–Select Committee on Corrections, Parole, and Probation

 

CHAPTER 31

 

AN ACT relating to prisons; revising the provisions relating to the assistant directors of the Department of Corrections; providing the manner in which the interest and income earned on money in the Prisoners’ Personal Property Fund is to be credited; and providing other matters properly relating thereto.

 

[Approved: May 10, 2007]

 

Legislative Counsel’s Digest:

      Sections 1, 2, 3, 5 and 6 of this bill change the titles of the assistant directors of the Department of Corrections to deputy directors. Additionally, section 2 removes the assistant directors from the classified service of the State.

      Existing law creates the Prisoners’ Personal Property Fund. (NRS 209.241) A prisoner in an institution or a facility of the Department of Corrections is required to deposit all the money he receives during incarceration in an individual account in the Prisoners’ Personal Property Fund. (NRS 209.241) All interest and income earned on the money in the Prisoners’ Personal Property Fund must be credited to the Offenders’ Store Fund. (NRS 209.241) However, the United States Court of Appeals for the Ninth Circuit has ruled that prisoners have a property interest in the interest earned on the money in their individual accounts. (Schneider v. California Dep’t of Corrections, 151 F.3d 1194, 1201 (9th Cir. 1998)) Whether the interest earned by the prisoner has been taken without just compensation in violation of the United States Constitution depends on “whether the interest earned by [a prisoner] is exceeded by his share of the costs of administering the prisoners’ personal property fund.” (McIntyre v. Bayer, 339 F.3d 1097, 1101 (9th Cir. 2003))

      Section 4 of this bill provides that if the amount of interest and income earned by a prisoner is greater than the prisoner’s share of the cost of administering the Prisoners’ Personal Property Fund, the Director must credit the prisoner’s individual account with the difference between these two amounts. If the amount of interest and income earned by a prisoner is equal to or less than the prisoner’s share of the cost of administering the Prisoners’ Personal Property Fund, the Director must credit the interest and income to the Offenders’ Store Fund.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 209.132 is hereby amended to read as follows:

      209.132  1.  The Director may delegate to [an assistant] a deputy director, manager, warden or employee of the Department the exercise or discharge in the name of the Director of any power, duty or function vested in or imposed upon the Director.

      2.  The official act of any such person acting in the name of the Director and by his authority shall be deemed an official act of the Director.

      Sec. 2.  NRS 209.151 is hereby amended to read as follows:

      209.151  1.  The Director shall appoint [an Assistant] a Deputy Director for Industrial Programs who:

      (a) Is responsible to the Director for the administration of all industrial, vocational and agricultural programs for the employment of offenders, except conservation camps and centers for the purpose of making restitution; and

 


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ê2007 Statutes of Nevada, Page 66 (Chapter 31, AB 37)ê

 

except conservation camps and centers for the purpose of making restitution; and

      (b) Shall enforce all policies and regulations of the Department relating to industrial, vocational and agricultural programs.

      2.  In addition to the [Assistant] Deputy Director appointed pursuant to subsection 1, the Director shall appoint such other [assistant] deputy directors as are necessary.

      3.  [The assistant directors are in the classified service of the State except for purposes of retention.

      4.]  During any absence of the Director, he shall designate [an assistant] a deputy director or a warden to act as Director of the Department without increase in salary.

      [5.  The assistant]

      4.  The deputy directors shall carry out such administrative duties as may be assigned to them by the Director and shall not engage in any other gainful employment or occupation.

      Sec. 3.  NRS 209.153 is hereby amended to read as follows:

      209.153  The [Assistant] Deputy Director for Industrial Programs appointed pursuant to subsection 1 of NRS 209.151 is entitled to receive the same retirement benefits as police officers and firefighters employed by public employers. For this purpose, the provisions of chapter 286 of NRS governing the retirement benefits of police officers and firefighters apply to the [Assistant] Deputy Director for Industrial Programs.

      Sec. 4.  NRS 209.241 is hereby amended to read as follows:

      209.241  1.  The Director may accept money, including the net amount of any wages earned during the incarceration of an offender after any deductions made by the Director and valuables belonging to an offender at the time of his incarceration or afterward received by gift, inheritance or the like or earned during the incarceration of an offender, and shall deposit the money in the Prisoners’ Personal Property Fund, which is hereby created as a trust fund.

      2.  An offender shall deposit all money that he receives into his individual account in the Prisoners’ Personal Property Fund.

      3.  The Director:

      (a) Shall keep, or cause to be kept, a full and accurate account of the money and valuables, and shall submit reports to the Board relating to the money and valuables as may be required from time to time.

      (b) May permit withdrawals for immediate expenditure by an offender for personal needs.

      (c) Shall pay over to each offender upon his release any remaining balance in his individual account.

      4.  The interest and income earned on the money in the Prisoners’ Personal Property Fund, after deducting any applicable bank charges, must be credited [to the Offenders’ Store Fund.

      5.  The provisions of this chapter do not create a right on behalf of any offender to any interest or income that accrues on the money in the Prisoners’ Personal Property Fund. The provisions of this chapter do not establish a basis for any cause of action against the State or against officers or employees of the State to claim ownership of any interest or income that accrues on the money in the Prisoners’ Personal Property Fund.

      6.] each calendar quarter as follows:

 


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ê2007 Statutes of Nevada, Page 67 (Chapter 31, AB 37)ê

 

      (a) If an offender’s share of the cost of administering the Prisoners’ Personal Property Fund for the quarter is less than the amount of interest and income earned by the offender, the Director shall credit the individual account of the offender with an amount equal to the difference between the amount of interest and income earned by the offender and the offender’s share of the cost of administering the Prisoners’ Personal Property Fund.

      (b) If an offender’s share of the cost of administering the Prisoners’ Personal Property Fund for the quarter is equal to or greater than the amount of interest and income earned by the offender, the Director shall credit the interest and income to the Offenders’ Store Fund.

      5.  An offender who does not deposit all money he receives into his individual account in the Prisoners’ Personal Property Fund as required in this section is guilty of a gross misdemeanor.

      [7.] 6.  A person who aids or encourages an offender not to deposit all money the offender receives into the individual account of the offender in the Prisoners’ Personal Property Fund as required in this section is guilty of a gross misdemeanor.

      Sec. 5.  NRS 209.461 is hereby amended to read as follows:

      209.461  1.  The Director shall:

      (a) To the greatest extent possible, approximate the normal conditions of training and employment in the community.

      (b) Except as otherwise provided in this section, to the extent practicable, require each offender, except those whose behavior is found by the Director to preclude participation, to spend 40 hours each week in vocational training or employment, unless excused for a medical reason or to attend educational classes in accordance with NRS 209.396. The Director shall require as a condition of employment that an offender sign an authorization for the deductions from his wages made pursuant to NRS 209.463. Authorization to make the deductions pursuant to NRS 209.463 is implied from the employment of an offender and a signed authorization from the offender is not required for the Director to make the deductions pursuant to NRS 209.463.

      (c) Use the earnings from services and manufacturing conducted by the institutions and the money paid by private employers who employ the offenders to offset the costs of operating the prison system and to provide wages for the offenders being trained or employed.

      (d) Provide equipment, space and management for services and manufacturing by offenders.

      (e) Employ craftsmen and other personnel to supervise and instruct offenders.

      (f) Contract with governmental agencies and private employers for the employment of offenders, including their employment on public works projects under contracts with the State and with local governments.

      (g) Contract for the use of offenders’ services and for the sale of goods manufactured by offenders.

      2.  Every program for the employment of offenders established by the Director must:

      (a) Employ the maximum number of offenders possible;

      (b) Except as otherwise provided in NRS 209.192, provide for the use of money produced by the program to reduce the cost of maintaining the offenders in the institutions;

 


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ê2007 Statutes of Nevada, Page 68 (Chapter 31, AB 37)ê

 

      (c) Have an insignificant effect on the number of jobs available to the residents of this State; and

      (d) Provide occupational training for offenders.

      3.  An offender may not engage in vocational training, employment or a business that requires or permits the offender to:

      (a) Telemarket or conduct opinion polls by telephone; or

      (b) Acquire, review, use or have control over or access to personal information concerning any person who is not incarcerated.

      4.  Each fiscal year, the cumulative profits and losses, if any, of the Programs for the Employment of Offenders established by the Director must result in a profit for the Department. The following must not be included in determining whether there is a profit for the Department:

      (a) Fees credited to the Fund for Prison Industries pursuant to NRS 482.268, any revenue collected by the Department for the leasing of space, facilities or equipment within the institutions or facilities of the Department, and any interest or income earned on the money in the Fund for Prison Industries.

      (b) The selling expenses of the Central Administrative Office of the Programs for the Employment of Offenders. As used in this paragraph, “selling expenses” means delivery expenses, salaries of sales personnel and related payroll taxes and costs, the costs of advertising and the costs of display models.

      (c) The general and administrative expenses of the Central Administrative Office of the Programs for the Employment of Offenders. As used in this paragraph, “general and administrative expenses” means the salary of the [Assistant] Deputy Director of Industrial Programs and the salaries of any other personnel of the Central Administrative Office and related payroll taxes and costs, the costs of telephone usage, and the costs of office supplies used and postage used.

      5.  Except as otherwise provided in subsection 3, the Director may, with the approval of the Board:

      (a) Lease spaces and facilities within any institution of the Department to private employers to be used for the vocational training and employment of offenders.

      (b) Grant to reliable offenders the privilege of leaving institutions or facilities of the Department at certain times for the purpose of vocational training or employment.

      6.  The provisions of this chapter do not create a right on behalf of the offender to employment or to receive the federal or state minimum wage for any employment and do not establish a basis for any cause of action against the State or its officers or employees for employment of an offender or for payment of the federal or state minimum wage to an offender.

      Sec. 6.  NRS 209.4818 is hereby amended to read as follows:

      209.4818  1.  The Committee on Industrial Programs shall:

      (a) Be informed on issues and developments relating to industrial programs for correctional institutions;

      (b) Submit a semiannual report to the Interim Finance Committee before July 1 and December 1 of each year on the status of current and proposed industrial programs for correctional institutions;

      (c) Report to the Legislature on any other matter relating to industrial programs for correctional institutions that it deems appropriate;

 


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ê2007 Statutes of Nevada, Page 69 (Chapter 31, AB 37)ê

 

      (d) Meet at least quarterly and at the call of the Chairman to review the operation of current and proposed industrial programs;

      (e) Recommend three persons to the Director for appointment as the [Assistant] Deputy Director for Industrial Programs whenever a vacancy exists;

      (f) Before any new industrial program is established by the Director in an institution of the Department, review the proposed program for compliance with the requirements of subsections 2, 3 and 4 of NRS 209.461 and submit to the Director its recommendations concerning the proposed program; and

      (g) Review each industry program established pursuant to subsection 2 of NRS 209.461 to determine whether the program is operating profitably within 3 years after its establishment. If the Committee on Industrial Programs determines that a program is not operating profitably within 3 years after its establishment, the Committee [on Industrial Programs] shall report its finding to the Director with a recommendation regarding whether the program should be continued or terminated.

      2.  Upon the request of the Committee on Industrial Programs, the Director and the [Assistant] Deputy Director for Industrial Programs shall provide to the Committee [on Industrial Programs] any information that the Committee [on Industrial Programs] determines is relevant to the performance of the duties of the Committee . [on Industrial Programs.]

________

 

CHAPTER 32, AB 38

Assembly Bill No. 38–Select Committee on Corrections, Parole, and Probation

 

CHAPTER 32

 

AN ACT relating to parole; revising certain provisions governing the forfeiture of credits earned to reduce the maximum term of imprisonment when a parolee violates a condition of his parole; and providing other matters properly relating thereto.

 

[Approved: May 10, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides that a prisoner may earn credits to reduce the maximum term of imprisonment, including credits for: (1) good behavior; (2) completing drug treatment programs and educational programs; (3) work performed while incarcerated; and (4) making restitution. (NRS 209.433-209.449) Sections 1-3 of this bill provide that if a parolee violates a condition of his parole only the credits that he earned for good behavior are forfeited and, under certain circumstances, may be restored by the State Board of Parole Commissioners. (NRS 213.1518, 213.15185, 213.1519)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 213.1518 is hereby amended to read as follows:

      213.1518  1.  If a parolee violates a condition of his parole, he forfeits all or part of the credits for good behavior earned by him pursuant to [NRS 209.447 and 209.4475] chapter 209 of NRS after his release on parole, in the discretion of the Board.

 


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ê2007 Statutes of Nevada, Page 70 (Chapter 32, AB 38)ê

 

[NRS 209.447 and 209.4475] chapter 209 of NRS after his release on parole, in the discretion of the Board.

      2.  A forfeiture may be made only by the Board after proof of the violation and notice to the parolee.

      3.  The Board may restore credits forfeited for such reasons as it considers proper.

      4.  The Chief [Parole and Probation Officer] shall report to the Director of the Department of Corrections any forfeiture or restoration of credits pursuant to this section.

      Sec. 2.  NRS 213.15185 is hereby amended to read as follows:

      213.15185  1.  A prisoner who is paroled and leaves the State without permission from the Board or who does not keep the Board informed as to his location as required by the conditions of his parole shall be deemed an escaped prisoner and arrested as such.

      2.  Except as otherwise provided in subsection 2 of NRS 213.1519, if his parole is lawfully revoked and he is thereafter returned to prison, he forfeits all previously earned credits for good behavior earned to reduce his sentence pursuant to chapter 209 of NRS and shall serve any part of the unexpired maximum term of his original sentence as may be determined by the Board.

      3.  Except as otherwise provided in subsection 2 of NRS 213.1519, the Board may restore any credits forfeited pursuant to subsection 2.

      4.  Except as otherwise provided in NRS 213.15187, the time a person is an escaped prisoner is not time served on his term of imprisonment.

      Sec. 3.  NRS 213.1519 is hereby amended to read as follows:

      213.1519  1.  Except as otherwise provided in subsection 2, a parolee whose parole is revoked by decision of the Board for a violation of any rule or regulation governing his conduct:

      (a) Forfeits all credits for good behavior previously earned to reduce his sentence pursuant to chapter 209 of NRS; and

      (b) Must serve such part of the unexpired maximum term of his original sentence as may be determined by the Board.

Ê The Board may restore any credits forfeited under this subsection.

      2.  A parolee released on parole pursuant to NRS 213.1215 whose parole is revoked for having been convicted of a new felony:

      (a) Forfeits all credits for good behavior previously earned to reduce his sentence pursuant to chapter 209 of NRS;

      (b) Must serve the entire unexpired maximum term of his original sentence; and

      (c) May not again be released on parole during his term of imprisonment.

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

________

 


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ê2007 Statutes of Nevada, Page 71ê

 

CHAPTER 33, AB 106

Assembly Bill No. 106–Select Committee on Corrections, Parole, and Probation

 

CHAPTER 33

 

AN ACT relating to prisons; prohibiting a person from furnishing a portable telecommunications device to a prisoner; prohibiting a person from carrying a portable telecommunications device into an institution or a facility of the Department of Corrections; prohibiting a prisoner from possessing a portable telecommunications device; expanding the definition of “telecommunications device”; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 10, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill expands the definition of “telecommunications device” to include an apparatus associated with a device.

      Section 2 of this bill makes it unlawful for a person to, without lawful authorization, knowingly furnish, attempt to furnish or aid or assist in furnishing or attempting to furnish a portable telecommunications device to a prisoner. A person who commits this crime is guilty of a category E felony, punishable by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years, and a fine of up to $5,000. (NRS 193.130) Section 2 also makes it unlawful for a person to, without lawful authorization, carry a portable telecommunications device into an institution or a facility of the Department of Corrections. A person who commits this crime is guilty of a misdemeanor, punishable by imprisonment in the county jail for a term of not more than 6 months, or a fine of up to $1,000, or both. (NRS 193.150) Additionally, section 2 also makes it unlawful for a prisoner to, without lawful authorization, possess a portable telecommunications device. A prisoner who commits this crime is guilty of a category D felony, punishable by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years, and a fine of up to $5,000. (NRS 193.130) Section 2 also provides that this sentence is not subject to suspension or the granting of probation and that the sentence must be served consecutive to the term the prisoner is currently serving.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 209.417 is hereby amended to read as follows:

      209.417  1.  Except as otherwise provided in subsection 2, the warden or manager of an institution or facility shall ensure that no offender in the institution or facility has access to a telecommunications device.

      2.  An offender may use a telephone subject to the limitations set forth in NRS 209.419.

      3.  As used in this section, “telecommunications device” means a device , or an apparatus associated with a device, that can [be used by] enable an offender to communicate with a person outside of the institution or facility at which the offender is incarcerated. The term includes, without limitation, a telephone, a cellular telephone , a personal digital assistant, a transmitting radio or a computer that is connected to a computer network , is capable of connecting to a computer network through the use of wireless technology or is otherwise capable of communicating with a person or device outside of the institution or facility.

 


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ê2007 Statutes of Nevada, Page 72 (Chapter 33, AB 106)ê

 

or is otherwise capable of communicating with a person or device outside of the institution or facility.

      Sec. 2.  Chapter 212 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person shall not, without lawful authorization, knowingly furnish, attempt to furnish, or aid or assist in furnishing or attempting to furnish to a prisoner confined in an institution or a facility of the Department of Corrections, or any other place where prisoners are authorized to be or are assigned by the Director of the Department, a portable telecommunications device. A person who violates this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      2.  A person shall not, without lawful authorization, carry into an institution or a facility of the Department, or any other place where prisoners are authorized to be or are assigned by the Director of the Department, a portable telecommunications device. A person who violates this subsection is guilty of a misdemeanor.

      3.  A prisoner confined in an institution or a facility of the Department, or any other place where prisoners are authorized to be or are assigned by the Director of the Department, shall not, without lawful authorization, possess or have in his custody or control a portable telecommunications device. A prisoner who violates this subsection is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      4.  A sentence imposed upon a prisoner pursuant to subsection 3:

      (a) Is not subject to suspension or the granting of probation; and

      (b) Must run consecutively after the prisoner has served any sentences imposed upon him for the offense or offenses for which the prisoner was in lawful custody or confinement when he violated the provisions of subsection 3.

      5.  As used in this section:

      (a) “Facility” has the meaning ascribed to it in NRS 209.065.

      (b) “Institution” has the meaning ascribed to it in NRS 209.071.

      (c) “Telecommunications device” has the meaning ascribed to it in subsection 3 of NRS 209.417.

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

________

 


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ê2007 Statutes of Nevada, Page 73ê

 

CHAPTER 34, AB 179

Assembly Bill No. 179–Committee on Judiciary

 

CHAPTER 34

 

AN ACT relating to gaming; revising the provisions governing the terms of office of members of the State Gaming Control Board; and providing other matters properly relating thereto.

 

[Approved: May 10, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill changes the date on which the terms of office of members of the State Gaming Control Board begin from January 1 to the last Monday in January. (NRS 463.050) Because the Nevada Constitution prohibits the Legislature from creating an office with a term greater than 4 years, section 2 of this bill provides for the appointment of members to serve terms lasting either 25 or 30 days, which is the length of the transitional period between the expiration of the terms of office of the current members of the Board and the new date on which terms of office will begin. (Nev. Const. Art. 15, § 11)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 463.050 is hereby amended to read as follows:

      463.050  1.  [After the initial terms, the] The term of office of each member of the Board is 4 years [.] , commencing on the last Monday in January.

      2.  The Governor shall appoint the members of the Board and designate one member to serve as Chairman and Executive Director, who shall coordinate the activities of the Board.

      3.  The Governor may remove any member for misfeasance, malfeasance or nonfeasance in office. Removal may be made after:

      (a) The member has been served with a copy of the charges against him; and

      (b) A public hearing before the Governor is held upon the charges, if requested by the member charged.

Ê The request for a public hearing must be made within 10 days after service upon such member of the charges. If a hearing is not requested, a member is removed effective 10 days after service of charges upon him. A record of the proceedings at the public hearing must be filed with the Secretary of State.

      Sec. 2.  Notwithstanding the provisions of NRS 463.050, as amended by section 1 of this act, upon the expiration of the term of office of a member of the State Gaming Control Board whose term expires on:

      1.  December 31, 2008, the Governor shall appoint a member to serve a term commencing on January 1, 2009, and expiring on January 25, 2009.

      2.  December 31, 2010, the Governor shall appoint a member to serve a term commencing on January 1, 2011, and expiring on January 30, 2011.

________

 


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ê2007 Statutes of Nevada, Page 74ê

 

CHAPTER 35, AB 58

Assembly Bill No. 58–Assemblyman Oceguera

 

CHAPTER 35

 

AN ACT relating to crimes; providing that murder committed in the perpetration or attempted perpetration of abuse of an older person or vulnerable person constitutes murder of the first degree; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 14, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides that murder of the first degree includes murder committed in the perpetration or attempted perpetration of sexual assault, kidnapping, arson, robbery, burglary, invasion of the home, sexual abuse of a child, sexual molestation of a child under the age of 14 years or child abuse. (NRS 200.030) This bill expands that list to provide that murder of the first degree also includes murder committed in the perpetration or attempted perpetration of abuse of an older person or vulnerable person.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 200.030 is hereby amended to read as follows:

      200.030  1.  Murder of the first degree is murder which is:

      (a) Perpetrated by means of poison, lying in wait or torture, or by any other kind of willful, deliberate and premeditated killing;

      (b) Committed in the perpetration or attempted perpetration of sexual assault, kidnapping, arson, robbery, burglary, invasion of the home, sexual abuse of a child, sexual molestation of a child under the age of 14 years , [or] child abuse [;] or abuse of an older person or vulnerable person pursuant to NRS 200.5099;

      (c) Committed to avoid or prevent the lawful arrest of any person by a peace officer or to effect the escape of any person from legal custody;

      (d) Committed on the property of a public or private school, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties by a person who intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person; or

      (e) Committed in the perpetration or attempted perpetration of an act of terrorism.

      2.  Murder of the second degree is all other kinds of murder.

      3.  The jury before whom any person indicted for murder is tried shall, if they find him guilty thereof, designate by their verdict whether he is guilty of murder of the first or second degree.

      4.  A person convicted of murder of the first degree is guilty of a category A felony and shall be punished:

      (a) By death, only if one or more aggravating circumstances are found and any mitigating circumstance or circumstances which are found do not outweigh the aggravating circumstance or circumstances, unless a court has made a finding pursuant to NRS 174.098 that the defendant is mentally retarded and has stricken the notice of intent to seek the death penalty; or

 


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ê2007 Statutes of Nevada, Page 75 (Chapter 35, AB 58)ê

 

      (b) By imprisonment in the state prison:

             (1) For life without the possibility of parole;

             (2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served; or

             (3) For a definite term of 50 years, with eligibility for parole beginning when a minimum of 20 years has been served.

Ê A determination of whether aggravating circumstances exist is not necessary to fix the penalty at imprisonment for life with or without the possibility of parole.

      5.  A person convicted of murder of the second degree is guilty of a category A felony and shall be punished by imprisonment in the state prison:

      (a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

      (b) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.

      6.  As used in this section:

      (a) “Act of terrorism” has the meaning ascribed to it in NRS 202.4415;

      (b) “Child abuse” means physical injury of a nonaccidental nature to a child under the age of 18 years;

      (c) “School bus” has the meaning ascribed to it in NRS 483.160;

      (d) “Sexual abuse of a child” means any of the acts described in NRS 432B.100; and

      (e) “Sexual molestation” means any willful and lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions or sexual desires of the perpetrator or of the child.

________

 

CHAPTER 36, AB 381

Assembly Bill No. 381–Assemblymen Kihuen, Parks, Koivisto, Allen, Bobzien, Buckley, Claborn, Conklin, Denis, Gerhardt, Horne, Leslie, Mabey, Manendo, McClain, Mortenson, Munford, Parnell, Pierce, Segerblom, Weber and Womack

 

Joint Sponsors: Senators Titus and Woodhouse

 

CHAPTER 36

 

AN ACT relating to domestic violence; revising provisions for appointing members of the Committee on Domestic Violence; and providing other matters properly relating thereto.

 

[Approved: May 14, 2007]

 

Legislative Counsel’s Digest:

      Existing law requires that one appointed member of the Committee on Domestic Violence be a person who has successfully completed a program for the treatment of persons who commit domestic violence. (NRS 228.470) This bill replaces that member with a local judicial officer.

 


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ê2007 Statutes of Nevada, Page 76 (Chapter 36, AB 381)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 228.470 is hereby amended to read as follows:

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

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

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

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

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

      (e) One law enforcement officer;

      (f) One provider of mental health care;

      (g) Two victims of domestic violence; and

      (h) One [person who:

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

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

             (3) Has demonstrated leadership by assisting persons who commit domestic violence or victims of domestic violence.] justice of the peace or municipal judge.

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

      2.  The Committee shall:

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

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

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

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

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

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

      (a) Reside in this State; and

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

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

 


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ê2007 Statutes of Nevada, Page 77 (Chapter 36, AB 381)ê

 

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

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

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

      Sec. 2.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 37, AB 71

Assembly Bill No. 71–Committee on Transportation

 

CHAPTER 37

 

AN ACT relating to traffic laws; making various changes to procedures when a vehicle is involved in a traffic accident; and providing other matters properly relating thereto.

 

[Approved: May 14, 2007]

 

Legislative Counsel’s Digest:

      Existing law requires a driver of a vehicle involved in a traffic accident that results only in property damage to stop his vehicle at the scene of the accident or, if his vehicle is obstructing traffic, at a location as close to the scene as possible. (NRS 484.221) This bill clarifies that after stopping his vehicle at the scene of an accident, the driver is required to move his vehicle or cause the vehicle to be moved, as soon as reasonably practicable, if the vehicle is obstructing traffic and can be moved safely.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 484.221 is hereby amended to read as follows:

      484.221  The driver of any vehicle involved in an accident resulting only in damage to a vehicle or other property which is driven or attended by any person shall [immediately] :

      1.  Immediately stop his vehicle at the scene of the accident [or, if] ; and

      2.  As soon as reasonably practicable, if his vehicle is obstructing traffic [, at] and can be moved safely, move the vehicle or cause the vehicle to be moved to a location as close thereto as possible that does not obstruct traffic [, and shall forthwith] and return to and remain at the scene of the accident until he has fulfilled the requirements of NRS 484.223.

      Secs. 2 and 3.  (Deleted by amendment.)

________

 


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ê2007 Statutes of Nevada, Page 78ê

 

CHAPTER 38, AB 264

Assembly Bill No. 264–Assemblymen Atkinson, Horne, Oceguera, Parks, Bobzien, Denis, Gerhardt, Goedhart, Kihuen, Manendo, Marvel, McClain, Mortenson, Munford, Parnell, Pierce, Segerblom, Smith, Stewart and Womack

 

CHAPTER 38

 

AN ACT relating to license plates; revising the distribution of money relating to special license plates for the recognition of professional full-time salaried firefighters; and providing other matters properly relating thereto.

 

[Approved: May 14, 2007]

 

Legislative Counsel’s Digest:

      Existing law allows for a special license plate for the recognition of professional full-time salaried firefighters. (NRS 482.3753) Certain fees are collected in relation to these special license plates. (NRS 482.3753) This bill removes facilities for the treatment of burns as the recipients of those fees. The new recipient is the Professional Fire Fighters of Nevada Benevolent Association.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.3753 is hereby amended to read as follows:

      482.3753  1.  Except as otherwise provided in this section, the Department, in cooperation with professional full-time salaried firefighters in the State of Nevada, shall design, prepare and issue license plates that recognize current or former employment as a professional full-time salaried firefighter using any colors and designs which the Department deems appropriate. The Department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

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

      3.  An application for the issuance or renewal of license plates that recognize current or former employment as a professional full-time salaried firefighter is void unless it is accompanied by documentation which, in the determination of the Department, provides reasonable proof of the identity of the applicant and proof of his:

      (a) Current employment as a professional full-time salaried firefighter; or

 


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ê2007 Statutes of Nevada, Page 79 (Chapter 38, AB 264)ê

 

      (b) Status as a former professional full-time salaried firefighter who retired from employment after completing at least 10 years of creditable service as a firefighter within this State with:

             (1) A fire department; or

             (2) A federal or state agency, the duties of which involve the prevention and suppression of fires, including, without limitation, the Bureau of Land Management and the Division of Forestry of the State Department of Conservation and Natural Resources.

      4.  Proof of an applicant’s current or former employment as a professional full-time salaried firefighter must consist of:

      (a) An identification card issued by the Professional Fire Fighters of Nevada or its successor;

      (b) An identification card issued by the Nevada Fire Chiefs Association or its successor; or

      (c) A letter certifying the applicant’s current or former employment as a professional full-time salaried firefighter, which letter must be from:

             (1) The Professional Fire Fighters of Nevada or its successor;

             (2) The Nevada Fire Chiefs Association or its successor; or

             (3) The chief officer of a federal or state agency, the duties of which involve the prevention and suppression of fires, including, without limitation, the Bureau of Land Management and the Division of Forestry of the State Department of Conservation and Natural Resources.

      5.  The fee payable to the Department for license plates that recognize current or former employment as a professional full-time salaried firefighter is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment to the Department of $10 in addition to all other applicable registration and license fees and governmental services taxes.

      6.  In addition to all other applicable registration and license fees and governmental services taxes and the fees prescribed in subsection 5, a person who requests a set of license plates that recognize current or former employment as a professional full-time salaried firefighter must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20 to support [facilities for the treatment of burns which are located within this State.] the Professional Fire Fighters of Nevada Benevolent Association.

      7.  The Department shall deposit the fees collected pursuant to subsection 6 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection [in equal shares] to [each facility for the treatment of burns that is located within this State.] the Professional Fire Fighters of Nevada Benevolent Association.

      8.  If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

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

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

      9.  As used in this section [:

      (a) “Facility for the treatment of burns” means a facility that:

 


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ê2007 Statutes of Nevada, Page 80 (Chapter 38, AB 264)ê

 

             (1) Offers specialized services for the treatment of injuries resulting from burns; and

             (2) Is part of or located within a hospital that has a center for the treatment of trauma which is designated as a level I center by the Administrator of the Health Division of the Department of Health and Human Services.

      (b) “Professional] , “professional full-time salaried firefighter” means a person employed in this State in a full-time salaried occupation of fire fighting for the benefit or safety of the public.

      Sec. 2.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 39, AB 267

Assembly Bill No. 267–Assemblymen Segerblom, Koivisto, Buckley, Allen, Beers, Bobzien, Claborn, Denis, Gerhardt, Hogan, Horne, Kihuen, Kirkpatrick, Manendo, McClain, Mortenson, Munford, Ohrenschall, Parks, Pierce and Womack

 

Joint Sponsors: Senators Horsford and Wiener

 

CHAPTER 39

 

AN ACT relating to school districts; authorizing the board of trustees of a school district in certain counties to cause each meeting of the board to be televised; and providing other matters properly relating thereto.

 

[Approved: May 14, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill authorizes the board of trustees of a school district in a county whose population is 50,000 or more (currently Clark and Washoe Counties and Carson City) to cause each meeting of the board to be broadcast on a television station created to provide community access to cable television by using the facilities of the school district, county or any city located in the county. Section 2 of this bill requires those school districts to provide a report to the Legislative Committee on Education and the Legislature concerning the progress of the school district in televising the meetings of the board of trustees.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 386.330 is hereby amended to read as follows:

      386.330  1.  The board of trustees shall hold a regular meeting at least once each month, at such time and place as the board shall determine.

      2.  Special meetings of the board of trustees shall be held at the call of the president whenever there is sufficient business to come before the board, or upon the written request of three members of the board.

      3.  The clerk of the board of trustees shall give written notice of each special meeting to each member of the board of trustees by personal delivery of the notice of the special meeting to each trustee at least 1 day before the meeting, or by mailing the notice to each trustee’s residence of record, by deposit in the United States mails, postage prepaid, at least 4 days before the meeting. The notice shall specify the time, place and purpose of the meeting.

 


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ê2007 Statutes of Nevada, Page 81 (Chapter 39, AB 267)ê

 

If all of the members of the board of trustees are present at a special meeting, the lack of notice shall not invalidate the proceedings of the board of trustees.

      4.  A majority of the members of the board of trustees shall constitute a quorum for the transaction of business, and no action of the board of trustees shall be valid unless such action shall receive, at a regularly called meeting, the approval of a majority of all the members of the board of trustees.

      5.  In any county whose population is 50,000 or more, the board of trustees may cause each meeting of the board to be broadcast on a television station created to provide community access to cable television by using the facilities of the school district, county or any city located in the county. The board of trustees and the county or city shall cooperate fully with each other to determine:

      (a) The feasibility of televising the meetings of the board of trustees;

      (b) The costs to televise the meetings of the board of trustees for each proposed method of televising; and

      (c) The number of potential viewers of the meetings of the board of trustees for each proposed method of televising.

      Sec. 2.  The board of trustees of each school district in a county whose population is 50,000 or more shall cooperate with the board of county commissioners of the county and the governing body of each city in the county, if applicable, to prepare a written report describing their progress in carrying out the provisions of NRS 386.330, as amended by section 1 of this act. The report must be submitted on or before February 1, 2009, to the Legislative Committee on Education and to the Director of the Legislative Counsel Bureau for transmission to the 75th Session of the Legislature.

      Sec. 3.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 40, AB 282

Assembly Bill No. 282–Assemblymen Leslie, Anderson, Atkinson, Bobzien, Horne, Kirkpatrick, McClain, Ohrenschall, Pierce and Smith

 

CHAPTER 40

 

AN ACT relating to domestic violence; revising the list of acts that constitute domestic violence; authorizing a court to include certain protections for animals in an order for protection against domestic violence; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 14, 2007]

 

Legislative Counsel’s Digest:

      Existing law sets forth certain unlawful acts which constitute domestic violence when committed against certain specified persons. (NRS 33.018) This provision is used for purposes of determining who may obtain a temporary order for protection against domestic violence and for various other purposes. (NRS 4.373, 5.055, 33.017-33.100, 41.134, 171.227, 171.229, 228.423-228.490, 432B.157, 432B.330, 458.300) Section 1 of this bill expands the unlawful acts which constitute domestic violence to include knowingly, purposefully or recklessly injuring or killing an animal with the intent to harass the victim. (NRS 33.018) As a result of this change, a person who intentionally violates an order for protection against domestic violence by injuring or killing an animal is guilty of a misdemeanor unless a more severe penalty is prescribed for the act.

 


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ê2007 Statutes of Nevada, Page 82 (Chapter 40, AB 282)ê

 

injuring or killing an animal is guilty of a misdemeanor unless a more severe penalty is prescribed for the act. (NRS 33.100) Section 2 of this bill authorizes the court, in a temporary or extended order for protection against domestic violence, to prohibit the adverse party from physically injuring or threatening to injure any animal that is owned or kept by the adverse party, the applicant for the protection order or a minor child, or from taking possession of any animal that is owned or kept by the applicant or a minor child. Section 2 also authorizes the court, in an extended order for protection against domestic violence, to specify arrangements for the possession and care of any animal owned or kept by the adverse party, the applicant for the extended order or a minor child. (NRS 33.030)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 33.018 is hereby amended to read as follows:

      33.018  1.  Domestic violence occurs when a person commits one of the following acts against or upon his spouse, former spouse, any other person to whom he is related by blood or marriage, a person with whom he is or was actually residing, a person with whom he has had or is having a dating relationship, a person with whom he has a child in common, the minor child of any of those persons or his minor child:

      (a) A battery.

      (b) An assault.

      (c) Compelling the other by force or threat of force to perform an act from which he has the right to refrain or to refrain from an act which he has the right to perform.

      (d) A sexual assault.

      (e) A knowing, purposeful or reckless course of conduct intended to harass the other. Such conduct may include, but is not limited to:

             (1) Stalking.

             (2) Arson.

             (3) Trespassing.

             (4) Larceny.

             (5) Destruction of private property.

             (6) Carrying a concealed weapon without a permit.

             (7) Injuring or killing an animal.

      (f) A false imprisonment.

      (g) Unlawful entry of the other’s residence, or forcible entry against the other’s will if there is a reasonably foreseeable risk of harm to the other from the entry.

      2.  As used in this section, “dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.

      Sec. 2.  NRS 33.030 is hereby amended to read as follows:

      33.030  1.  The court by a temporary order may:

      (a) Enjoin the adverse party from threatening, physically injuring or harassing the applicant or minor child, either directly or through an agent;

      (b) Exclude the adverse party from the applicant’s place of residence;

      (c) Prohibit the adverse party from entering the residence, school or place of employment of the applicant or minor child and order him to stay away from any specified place frequented regularly by them;

 


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      (d) If it has jurisdiction under chapter 125A of NRS, grant temporary custody of the minor child to the applicant; [and]

      (e) Enjoin the adverse party from physically injuring, threatening to injure or taking possession of any animal that is owned or kept by the applicant or minor child, either directly or through an agent;

      (f) Enjoin the adverse party from physically injuring or threatening to injure any animal that is owned or kept by the adverse party, either directly or through an agent; and

      (g) Order such other relief as it deems necessary in an emergency situation.

      2.  The court by an extended order may grant any relief enumerated in subsection 1 and:

      (a) Specify arrangements for visitation of the minor child by the adverse party and require supervision of that visitation by a third party if necessary; [and]

      (b) Specify arrangements for the possession and care of any animal owned or kept by the adverse party, applicant or minor child; and

      (c) Order the adverse party to:

             (1) Avoid or limit communication with the applicant or minor child;

             (2) Pay rent or make payments on a mortgage on the applicant’s place of residence or pay for the support of the applicant or minor child if he is found to have a duty to support the applicant or minor child; and

             (3) Pay all costs and fees incurred by the applicant in bringing the action.

      3.  If an extended order is issued by a justice court, an interlocutory appeal lies to the district court, which may affirm, modify or vacate the order in question. The appeal may be taken without bond, but its taking does not stay the effect or enforcement of the order.

      4.  A temporary or extended order must specify, as applicable, the county and city, if any, in which the residence, school, child care facility or other provider of child care, and place of employment of the applicant or minor child are located.

      5.  A temporary or extended order must provide notice that a person who is arrested for violating the order will not be admitted to bail sooner than 12 hours after his arrest if the arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm.

________

 


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ê2007 Statutes of Nevada, Page 84ê

 

CHAPTER 41, AB 286

Assembly Bill No. 286–Assemblywoman Leslie

 

CHAPTER 41

 

AN ACT relating to insurance; exempting certain health insurers from provisions governing the denial of claims and the cancellation of or refusal to issue a policy or contract of health insurance; and providing other matters properly relating thereto.

 

[Approved: May 14, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, various health insurers are prohibited from denying a claim solely because the claim involves an injury sustained by an insured as a consequence of being intoxicated or under the influence of a controlled substance. Such insurers are also prohibited from cancelling or refusing to issue policies or contracts solely because an insured or an applicant has made a claim involving an injury sustained by him as a consequence of being intoxicated or under the influence of a controlled substance. (NRS 689A.415, 689B.287, 689C.197, 695A.197, 695B.3165, 695C.205, 695G.405) This bill provides that those prohibitions do not apply to such health insurers under policies or contracts of health insurance that provide coverage for long-term care or disability income.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 689A.415 is hereby amended to read as follows:

      689A.415  1.  Except as otherwise provided in subsection 2, an insurer shall not:

      (a) Deny a claim under a policy of health insurance solely because the claim involves an injury sustained by an insured as a consequence of being intoxicated or under the influence of a controlled substance.

      (b) Cancel a policy of health insurance solely because an insured has made a claim involving an injury sustained by the insured as a consequence of being intoxicated or under the influence of a controlled substance.

      (c) Refuse to issue a policy of health insurance to an eligible applicant solely because the applicant has made a claim involving an injury sustained by the applicant as a consequence of being intoxicated or under the influence of a controlled substance.

      2.  The provisions of [this section] subsection 1 do not prohibit an insurer from enforcing a provision included in a policy of health insurance pursuant to NRS 689A.270 to:

      (a) Deny a claim which involves an injury to which a contributing cause was the insured’s commission of or attempt to commit a felony;

      (b) Cancel a policy of health insurance solely because of such a claim; or

      (c) Refuse to issue a policy of health insurance to an eligible applicant solely because of such a claim.

      3.  The provisions of this section do not apply to an insurer under a policy of health insurance that provides coverage for long-term care or disability income.

      Sec. 2.  NRS 689B.287 is hereby amended to read as follows:

      689B.287  1.  Except as otherwise provided in subsection 2, an insurer shall not:

 


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ê2007 Statutes of Nevada, Page 85 (Chapter 41, AB 286)ê

 

      (a) Deny a claim under a policy of group health insurance solely because the claim involves an injury sustained by an insured as a consequence of being intoxicated or under the influence of a controlled substance.

      (b) Cancel a policy of group health insurance solely because an insured has made a claim involving an injury sustained by the insured as a consequence of being intoxicated or under the influence of a controlled substance.

      (c) Refuse to issue a policy of group health insurance to an eligible applicant solely because the applicant has made a claim involving an injury sustained by the applicant as a consequence of being intoxicated or under the influence of a controlled substance.

      2.  The provisions of [this section] subsection 1 do not prohibit an insurer from enforcing a provision included in a policy of group health insurance to:

      (a) Deny a claim which involves an injury to which a contributing cause was the insured’s commission of or attempt to commit a felony;

      (b) Cancel a policy of group health insurance solely because of such a claim; or

      (c) Refuse to issue a policy of group health insurance to an eligible applicant solely because of such a claim.

      3.  The provisions of this section do not apply to an insurer under a policy of group health insurance that provides coverage for long-term care or disability income.

      Sec. 3.  NRS 689C.197 is hereby amended to read as follows:

      689C.197  1.  Except as otherwise provided in subsection 2, a carrier shall not:

      (a) Deny a claim under a health benefit plan solely because the claim involves an injury sustained by an insured as a consequence of being intoxicated or under the influence of a controlled substance.

      (b) Cancel participation under a health benefit plan solely because an insured has made a claim involving an injury sustained by the insured as a consequence of being intoxicated or under the influence of a controlled substance.

      (c) Refuse participation under a health benefit plan to an eligible applicant solely because the applicant has made a claim involving an injury sustained by the applicant as a consequence of being intoxicated or under the influence of a controlled substance.

      2.  The provisions of [this section] subsection 1 do not prohibit a carrier from enforcing a provision included in a health benefit plan to:

      (a) Deny a claim which involves an injury to which a contributing cause was the insured’s commission of or attempt to commit a felony;

      (b) Cancel participation in a health benefit plan solely because of such a claim; or

      (c) Refuse participation in a health benefit plan to an eligible applicant solely because of such a claim.

      3.  The provisions of this section do not apply to a carrier under a health benefit plan that provides coverage for long-term care or disability income.

      Sec. 4.  NRS 695A.197 is hereby amended to read as follows:

      695A.197  1.  Except as otherwise provided in subsection 2, a society that provides health benefits shall not:

 


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ê2007 Statutes of Nevada, Page 86 (Chapter 41, AB 286)ê

 

      (a) Deny a claim under a benefit contract solely because the claim involves an injury sustained by an insured as a consequence of being intoxicated or under the influence of a controlled substance.

      (b) Cancel a benefit contract solely because an insured has made a claim involving an injury sustained by the insured as a consequence of being intoxicated or under the influence of a controlled substance.

      (c) Refuse to issue a benefit contract to an eligible applicant solely because the applicant has made a claim involving an injury sustained by the applicant as a consequence of being intoxicated or under the influence of a controlled substance.

      2.  The provisions of [this section] subsection 1 do not prohibit a society from enforcing a provision included in a benefit contract to:

      (a) Deny a claim which involves an injury to which a contributing cause was the insured’s commission of or attempt to commit a felony;

      (b) Cancel a benefit contract solely because of such a claim; or

      (c) Refuse to issue a benefit contract to an eligible applicant solely because of such a claim.

      3.  The provisions of this section do not apply to a society under a benefit contract that provides coverage for long-term care or disability income.

      Sec. 5.  NRS 695B.3165 is hereby amended to read as follows:

      695B.3165  1.  Except as otherwise provided in subsection 2, a medical services corporation that issues contracts for hospital, medical or dental services shall not:

      (a) Deny a claim under such a contract solely because the claim involves an injury sustained by an insured as a consequence of being intoxicated or under the influence of a controlled substance.

      (b) Cancel such a contract solely because an insured has made a claim involving an injury sustained by the insured as a consequence of being intoxicated or under the influence of a controlled substance.

      (c) Refuse to issue such a contract to an eligible applicant solely because the applicant has made a claim involving an injury sustained by the applicant as a consequence of being intoxicated or under the influence of a controlled substance.

      2.  The provisions of [this section] subsection 1 do not prohibit a medical services corporation from enforcing a provision included in a contract for hospital, medical or dental services to:

      (a) Deny a claim which involves an injury to which a contributing cause was the insured’s commission of or attempt to commit a felony;

      (b) Cancel such a contract solely because of such a claim; or

      (c) Refuse to issue such a contract to an eligible applicant solely because of such a claim.

      3.  The provisions of this section do not apply to a medical services corporation under a contract for hospital, medical or dental services that provides coverage for long-term care or disability income.

      Sec. 6.  NRS 695C.205 is hereby amended to read as follows:

      695C.205  1.  Except as otherwise provided in subsection 2, a health maintenance organization shall not:

      (a) Deny a claim under a health care plan solely because the claim involves an injury sustained by an enrollee as a consequence of being intoxicated or under the influence of a controlled substance.

 


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ê2007 Statutes of Nevada, Page 87 (Chapter 41, AB 286)ê

 

      (b) Cancel participation under a health care plan solely because an enrollee has made a claim involving an injury sustained by the enrollee as a consequence of being intoxicated or under the influence of a controlled substance.

      (c) Refuse participation under a health care plan to an eligible applicant solely because the applicant has made a claim involving an injury sustained by the applicant as a consequence of being intoxicated or under the influence of a controlled substance.

      2.  The provisions of [this section] subsection 1 do not prohibit a health maintenance organization from enforcing a provision included in a health care plan to:

      (a) Deny a claim which involves an injury to which a contributing cause was the insured’s commission of or attempt to commit a felony;

      (b) Cancel participation under a health care plan solely because of such a claim; or

      (c) Refuse participation under a health care plan to an eligible applicant solely because of such a claim.

      3.  The provisions of this section do not apply to a health maintenance organization under a health care plan that provides coverage for long-term care or disability income.

      Sec. 7.  NRS 695G.405 is hereby amended to read as follows:

      695G.405  1.  Except as otherwise provided in subsection 2, a managed care organization shall not:

      (a) Deny a claim under a health care plan solely because the claim involves an injury sustained by an insured as a consequence of being intoxicated or under the influence of a controlled substance.

      (b) Cancel participation under a health care plan solely because an insured has made a claim involving an injury sustained by the insured as a consequence of being intoxicated or under the influence of a controlled substance.

      (c) Refuse participation under a health care plan to an eligible applicant solely because the applicant has made a claim involving an injury sustained by the applicant as a consequence of being intoxicated or under the influence of a controlled substance.

      2.  The provisions of [this section] subsection 1 do not prohibit a managed care organization from enforcing a provision included in a health care plan to:

      (a) Deny a claim which involves an injury to which a contributing cause was the insured’s commission of or attempt to commit a felony;

      (b) Cancel participation under a health care plan solely because of such a claim; or

      (c) Refuse participation under a health care plan to an eligible applicant solely because of such a claim.

      3.  The provisions of this section do not apply to a managed care organization under a health care plan that provides coverage for long-term care or disability income.

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

________

 


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ê2007 Statutes of Nevada, Page 88ê

 

CHAPTER 42, AB 294

Assembly Bill No. 294–Assemblymen Denis, Hardy, Oceguera, Atkinson, Conklin, Gerhardt, Kihuen and Mabey

 

Joint Sponsor: Senator Heck

 

CHAPTER 42

 

AN ACT relating to communicable diseases; revising provisions governing the testing of certain governmental employees who may have been exposed to a contagious disease while performing their official duties; and providing other matters properly relating thereto.

 

[Approved: May 14, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, certain governmental employees, including law enforcement and correctional officers, emergency medical attendants and firefighters, who may have been exposed to a contagious disease while performing their official duties, or the employers of such persons, may petition a court for an order requiring the testing for exposure to the human immunodeficiency virus and the hepatitis B surface antigen of the person who may have caused the exposure to the contagious disease. (NRS 441A.195) Section 1 of this bill expands those protections to county coroners and medical examiners and their employees, and other public employees whose duties may require them to come into contact with human blood or bodily fluids and also provides that the order issued by the court may extend to the testing of a decedent who may have caused the exposure to the contagious disease. Section 1 also expands the contagious diseases for which a test may be ordered to include hepatitis C and tuberculosis.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 441A.195 is hereby amended to read as follows:

      441A.195  1.  A law enforcement officer, correctional officer, emergency medical attendant, firefighter [or any other] , county coroner or medical examiner or any of their employees, any other person who is employed by an agency of criminal justice or any other public employee whose duties may require him to come into contact with human blood or bodily fluids, who may have been exposed to a contagious disease while performing his official duties, or the employer of such a person, may petition a court for an order requiring the testing of a person or decedent for exposure to the human immunodeficiency virus , [and] the hepatitis B surface antigen , hepatitis C and tuberculosis if the person or decedent may have exposed the officer, medical attendant, firefighter , county coroner or medical examiner or their employee, [or] other person employed by an agency of criminal justice or other public employee whose duties may require him to come into contact with human blood or bodily fluids to a contagious disease.

      2.  When possible, before filing a petition pursuant to subsection 1, the person or employer petitioning shall submit information concerning the possible exposure to a contagious disease to the designated health care officer for the employer [,] or , if there is no designated health care officer, the person designated by the employer to document and verify possible exposure to contagious diseases, for verification that there was substantial exposure.

 


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ê2007 Statutes of Nevada, Page 89 (Chapter 42, AB 294)ê

 

exposure. Each designated health care officer or person designated by an employer to document and verify possible exposure to contagious diseases shall establish guidelines based on current scientific information to determine substantial exposure.

      3.  A court shall promptly hear a petition filed pursuant to subsection 1 and determine whether there is probable cause to believe that a possible transfer of blood or other bodily fluids occurred between the person who filed the petition or on whose behalf the petition was filed and the person or decedent who possibly exposed him to a contagious disease. If the court determines that probable cause exists to believe that a possible transfer of blood or other bodily fluids occurred, the court shall [order] :

      (a) Order the person who possibly exposed the petitioner or the person on whose behalf the petition was filed to a contagious disease to submit two specimens of blood to a local hospital or medical laboratory for testing for exposure to the human immunodeficiency virus , [and] the hepatitis B surface antigen [.] , hepatitis C and tuberculosis; or

      (b) Order that two specimens of blood be drawn from the decedent who possibly exposed the petitioner or the person on whose behalf the petition was filed to a contagious disease and be submitted to a local hospital or medical laboratory for testing for exposure to the human immunodeficiency virus, the hepatitis B surface antigen, hepatitis C and tuberculosis.

Ê The local hospital or medical laboratory shall perform the test in accordance with generally accepted medical practices and shall disclose the results of the test in the manner set forth in NRS 629.069.

      4.  The employer of a person who files a petition or on whose behalf a petition is filed pursuant to this section or the insurer of the employer shall pay the cost of performing the test pursuant to subsection 3.

      5.  As used in this section:

      (a) “Agency of criminal justice” has the meaning ascribed to it in NRS 179A.030.

      (b) “Emergency medical attendant” means a person licensed as an attendant or certified as an emergency medical technician, intermediate emergency medical technician or advanced emergency medical technician pursuant to chapter 450B of NRS.

      Sec. 2.  NRS 629.069 is hereby amended to read as follows:

      629.069  1.  A provider of health care shall disclose the results of all tests performed pursuant to NRS 441A.195 to:

      (a) The person who was tested [;] and, upon request, a member of the family of a decedent who was tested;

      (b) The law enforcement officer, correctional officer, emergency medical attendant, firefighter , county coroner or medical examiner or their employee, [or] other person who is employed by an agency of criminal justice or other public employee whose duties may require him to come into contact with human blood or bodily fluids who filed the petition or on whose behalf the petition was filed pursuant to NRS 441A.195;

      (c) The designated health care officer for the employer of the person described in paragraph (b) or, if there is no designated health care officer, the person designated by the employer to document and verify possible exposure to contagious diseases; and

      (d) If the person who was tested is incarcerated or detained, the person in charge of the facility in which the person is incarcerated or detained and the chief medical officer of the facility in which the person is incarcerated or detained, if any.

 


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ê2007 Statutes of Nevada, Page 90 (Chapter 42, AB 294)ê

 

chief medical officer of the facility in which the person is incarcerated or detained, if any.

      2.  A provider of health care and an agent or employee of a provider of health care are immune from civil liability for a disclosure made in accordance with the provisions of this section.

________

 

CHAPTER 43, AB 353

Assembly Bill No. 353–Assemblymen Gerhardt, Buckley, Leslie, Conklin, Arberry, Atkinson, Beers, Bobzien, Claborn, Denis, Goedhart, Goicoechea, Hogan, Kihuen, Koivisto, Manendo, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parks, Pierce, Segerblom, Smith, Stewart and Womack

 

CHAPTER 43

 

AN ACT relating to parental rights; providing for the restoration of parental rights in certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 14, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides for the termination of parental rights in certain circumstances. (NRS 128.010-128.160) Existing law further provides that a court cannot change, modify or set aside an order terminating parental rights. (NRS 128.120) Existing law also provides for the voluntary relinquishment of parental rights. (NRS 127.040)

      Section 2 of this bill authorizes a child who has not been adopted and whose natural parent has had his parental rights terminated or has relinquished his parental rights to petition a court for the restoration of parental rights. In addition, the legal custodian or legal guardian of such a child may petition for the restoration of parental rights. The natural parent must consent to the petition. Section 3 of this bill provides for the notice that must be given before a hearing is held on the petition and requires that certain persons be afforded an opportunity to present evidence and testify during the hearing. Section 4 of this bill provides for the court to hold a hearing when a valid petition is filed and specifies certain findings that must be made for the court to grant the petition, including that the child is not likely to be adopted and that the restoration of parental rights is in the best interests of the child.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 128 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  1.  A child who has not been adopted and whose natural parent or parents have had their parental rights terminated or have relinquished their parental rights, or the legal custodian or guardian of such a child, may petition a court for the restoration of the parental rights of the natural parent or parents of the child.

      2.  The natural parent or parents for whom restoration of parental rights is sought to be restored must consent in writing to the petition.

      Sec. 3.  1.  Before a hearing is held on a petition that is filed pursuant to section 2 of this act, the court shall direct the clerk to issue a notice, reciting briefly the substance of the petition and stating the date set for the hearing thereof, and requiring the person served therewith to appear before the court at the time and place if that person desires to provide testimony or evidence concerning the petition.

 


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ê2007 Statutes of Nevada, Page 91 (Chapter 43, AB 353)ê

 

notice, reciting briefly the substance of the petition and stating the date set for the hearing thereof, and requiring the person served therewith to appear before the court at the time and place if that person desires to provide testimony or evidence concerning the petition.

      2.  The following persons must be personally served with the notice:

      (a) The natural parent or parents for whom parental rights are sought to be restored;

      (b) The legal custodian and the legal guardian of the child who is the subject of the petition;

      (c) If the parental rights of the natural parent or parents for whom parental rights are sought to be restored were terminated, the person or governmental entity that petitioned for the termination if different from the persons notified pursuant to paragraph (b); and

      (d) The attorney of record of the child who is the subject of the petition or, if none, the child.

      3.  The persons who are served with notice pursuant to subsection 2 must be provided an opportunity to present testimony and evidence during the hearing.

      Sec. 4.  1.  If a valid petition is filed pursuant to section 2 of this act, the court shall hold a hearing to determine whether to restore the parental rights of the natural parent or parents.

      2.  Before granting a petition for the restoration of parental rights, the court must find that:

      (a) If any child who is the subject of the petition is 14 years of age or older, the child consents to the restoration of parental rights.

      (b) The natural parent or parents for whom restoration of parental rights is sought have been informed of the legal obligations, rights and consequences of the restoration of parental rights and that the natural parent or parents are willing and able to accept such obligations, rights and consequences.

      3.  If the court finds the necessary facts pursuant to subsection 2, the court shall order the restoration of parental rights if the court further finds by a preponderance of the evidence that:

      (a) The child is not likely to be adopted; and

      (b) Restoration of parental rights of the natural parent or parents is in the best interests of the child.

      4.  If the court restores the parental rights of the natural parent or parents of a child who is less than 14 years of age, the court shall specify in its order the factual basis for its findings that it is in the best interests of the child to restore the parental rights of the natural parent or parents.

      5.  Upon the entry of an order for the restoration of parental rights issued pursuant to this section, any child who is the subject of the petition becomes the legal child of the natural parent or parents whose rights have been restored, and they shall become his legal parents on that date with all the rights and duties of parents.

      Sec. 5.  NRS 128.100 is hereby amended to read as follows:

      128.100  1.  In any proceeding for terminating parental rights, or any rehearing or appeal thereon, or any proceeding for restoring parental rights, the court may appoint an attorney to represent the child as his counsel and, if the child does not have a guardian ad litem appointed pursuant to NRS 432B.500, as his guardian ad litem. The child may be represented by an attorney at all stages of any proceedings for terminating parental rights. If the child is represented by an attorney, the attorney has the same authority and rights as an attorney representing a party to the proceedings.

 


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ê2007 Statutes of Nevada, Page 92 (Chapter 43, AB 353)ê

 

child is represented by an attorney, the attorney has the same authority and rights as an attorney representing a party to the proceedings.

      2.  If the parent or parents of the child desire to be represented by counsel, but are indigent, the court may appoint an attorney for them.

      3.  Each attorney appointed under the provisions of this section is entitled to the same compensation and expenses from the county as provided in NRS 7.125 and 7.135 for attorneys appointed to represent persons charged with crimes.

      Sec. 6.  NRS 128.120 is hereby amended to read as follows:

      128.120  Any order made and entered by the court under the provisions of NRS 128.110 is conclusive and binding upon the person declared to be free from the custody and control of his parent or parents, and upon all other persons who have been served with notice by publication or otherwise, as provided by this chapter. After the making of the order, except as otherwise provided in section 4 of this act, the court has no power to set aside, change or modify it, but nothing in this chapter impairs the right of appeal.

________

 

CHAPTER 44, AB 380

Assembly Bill No. 380–Assemblywoman Kirkpatrick (by request)

 

CHAPTER 44

 

AN ACT relating to radar guns; revising certain requirements relating to the use of a radar gun; and providing other matters properly relating thereto.

 

[Approved: May 14, 2007]

 

Legislative Counsel’s Digest:

      Existing law requires that a radar gun used by a person or a governmental entity be listed on the Consumer Products List of the International Association of Chiefs of Police and that it be inspected at least every 3 years to ensure its power and structural integrity comply with minimum performance specifications established by the United States Department of Transportation. (NRS 459.920) This bill authorizes the use of a radar gun that was on the list at the time of purchase, even if the radar gun is no longer on the list. This bill also revises the name of the Consumer Products List to accurately reflect its current nomenclature.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 459.920 is hereby amended to read as follows:

      459.920  1.  A person or governmental entity shall not operate or display or cause to be operated or displayed a radar gun or similar device unless it is:

      (a) [On] Or was at the time of purchase, on the [Consumer Products] Conforming Product List of the International Association of Chiefs of Police; and

      (b) Inspected at least every 3 years to determine whether its level of power and structural integrity comply with the minimum performance specifications for that model established by the United States Department of Transportation.

 


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ê2007 Statutes of Nevada, Page 93 (Chapter 44, AB 380)ê

 

      2.  Any person or governmental entity that causes to be operated or displayed a radar gun or similar device that emits nonionizing radiation shall adopt procedures for its use that protect the health and safety of the operator of the radar gun or device.

      3.  A peace officer must successfully complete a course of training in the proper use of a radar gun or similar device approved by the Peace Officers’ Standards and Training Commission before he may be authorized to operate a radar gun or similar device.

      Sec. 2.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 45, AB 423

Assembly Bill No. 423–Assemblywoman Leslie

 

CHAPTER 45

 

AN ACT relating to community land trusts; providing that a community land trust is exempt from prohibitions on the use of “trust” in its corporate name; and providing other matters properly relating thereto.

 

[Approved: May 14, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill provides an exemption for community land trusts from a prohibition on the use of the word “trust” for organizations other than certain specifically excepted financial institutions. (NRS 669.095) Section 2 of this bill provides an exemption for community land trusts from a prohibition on the use of the word “trust” in the names of nonprofit corporations. (NRS 82.106)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 669.095 is hereby amended to read as follows:

      669.095  1.  Except as otherwise provided in subsection 2, no person or organization formed and doing business under the laws of this State or any other state may:

      (a) Use the word “trust” or any direct derivative of that word as a part of its name.

      (b) Advertise or use any sign with the word “trust” used as a part of its name.

      2.  The provisions of subsection 1 do not apply to a person or organization which:

      (a) Is supervised by the Commissioner of Financial Institutions pursuant to this chapter or chapters 657 to 668, inclusive, 673 or 677 of NRS;

      (b) Is doing business under the laws of the United States or another state relating to banks, savings banks, savings and loan associations or thrift companies;

      (c) Is acting under an appointment pursuant to NRS 662.245; [or]

      (d) Is supervised by the Commissioner of Insurance [.] ; or

      (e) Is doing business solely as a community land trust.

      3.  As used in this section, “community land trust” has the meaning ascribed to it in NRS 82.106.

 


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ê2007 Statutes of Nevada, Page 94 (Chapter 45, AB 423)ê

 

      Sec. 2.  NRS 82.106 is hereby amended to read as follows:

      82.106  1.  [The] Except as otherwise provided in this subsection, the Secretary of State shall not accept for filing pursuant to this chapter any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed or existing pursuant to this chapter if the name of the corporation contains the words “trust,” “engineer,” “engineered,” “engineering,” “professional engineer” or “licensed engineer.” The provisions of this subsection concerning the use of the word “trust” do not apply to any corporation formed or existing pursuant to this chapter that is doing business solely as a community land trust.

      2.  The Secretary of State shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed or existing under this chapter when it appears from the articles or the certificate of amendment that the business to be carried on by the corporation is subject to supervision by the Commissioner of Insurance.

      3.  The Secretary of State shall not accept for filing pursuant to this chapter any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed or existing pursuant to this chapter if the name of the corporation contains the word “accountant,” “accounting,” “accountancy,” “auditor” or “auditing.”

      4.  The Secretary of State shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed or existing pursuant to the laws of this State which provides that the name of the corporation contains the words “common-interest community,” “community association,” “master association,” “unit-owners’ association” or “homeowners’ association” or if it appears in the articles of incorporation or certificate of amendment that the purpose of the corporation is to operate as a unit-owners’ association pursuant to chapter 116 of NRS unless the Administrator of the Real Estate Division of the Department of Business and Industry certifies that the corporation has:

      (a) Registered with the Ombudsman for Owners in Common-Interest Communities pursuant to NRS 116.31158; and

      (b) Paid to the Administrator of the Real Estate Division the fees required pursuant to NRS 116.31155.

      5.  As used in this section:

      (a) “Community land trust” means an organization that:

             (1) Acquires parcels of land that are:

                   (I) Held in perpetuity; and

                   (II) Primarily for conveyance under long-term ground leases;

             (2) Transfers ownership of any structural improvements located on the leased parcels to the lessees;

             (3) When leasing parcels, retains as a condition of the lease a right to purchase any structural improvements at a price determined by a formula that is designed to ensure that the improvements remain affordable to low- and moderate-income persons in perpetuity; and

             (4) Has its corporate membership open to any adult resident of a particular geographic area that is specified in the bylaws of the organization.

      (b) “Ground lease” means a lease of land only.

________

 


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ê2007 Statutes of Nevada, Page 95ê

 

CHAPTER 46, AB 482

Assembly Bill No. 482–Committee on Judiciary

 

CHAPTER 46

 

AN ACT relating to criminal procedure; prohibiting certain governmental officers from requesting or requiring a victim of an alleged sexual offense to submit to a polygraphic or similar examination as a condition of investigating the offense; requiring judicial notification to persons convicted of a misdemeanor or felony that constitutes domestic violence that certain acts by such persons concerning a firearm or ammunition may be a felony under federal or state law; and providing other matters properly relating thereto.

 

[Approved: May 14, 2007]

 

Legislative Counsel’s Digest:

      Sections 1 and 2 of this bill amend existing state law to comply with certain federal requirements that affect the eligibility of this State to receive certain federal funding pursuant to the Violence Against Women Act, 42 U.S.C. §§ 3796gg et seq. Section 1 prohibits certain governmental officers from requesting or requiring a victim of an alleged sexual offense to take or submit to a polygraphic examination or other similar examination as a condition of investigating the offense. Section 2 requires a court to notify a person who is convicted of a misdemeanor or felony that constitutes domestic violence that possession, shipment, transportation or receipt of a firearm or ammunition by the person may constitute a felony under federal or state law.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 171 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A law enforcement officer, prosecutor or other employee of a governmental entity shall not, as a condition of investigating an alleged sexual offense, request or require a victim of the alleged sexual offense to take or submit to a polygraphic examination or other similar examination that is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of a person.

      2.  As used in this section, “sexual offense” has the meaning ascribed to it in NRS 179D.410.

      Sec. 2.  Chapter 176 of NRS is hereby amended by adding thereto a new section to read as follows:

      If a defendant is convicted of a misdemeanor or felony that constitutes domestic violence pursuant to NRS 33.018, the court shall notify the defendant that possession, shipment, transportation or receipt of a firearm or ammunition by the defendant may constitute a felony pursuant to NRS 202.360 or federal law.

________

 


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ê2007 Statutes of Nevada, Page 96ê

 

CHAPTER 47, AB 534

Assembly Bill No. 534–Committee on Judiciary

 

CHAPTER 47

 

AN ACT relating to statutes; ratifying the correction of certain clerical errors and the resolution of certain statutory conflicts in legislative enactments from previous sessions; and providing other matters properly relating thereto.

 

[Approved: May 14, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill corrects an error in the amendment of NRS 108.290 by section 1 of chapter 282, Statutes of Nevada 2005 (S.B. 41), at page 1001. Section 1 of S.B. 41, the source of paragraph (b) of subsection 1 of NRS 108.290, was inadvertently drafted in a manner that was inconsistent with the provisions of paragraph (c) of that subsection and ambiguous in the treatment of liens for the exact amount of $1,000 or $2,500. Paragraph (b) of subsection 1 of section 1 of S.B. 41 has therefore been revised as necessary to resolve that ambiguity in a manner that is consistent with the provisions of paragraph (c) of that subsection.

      Section 2 of this bill corrects an error in the amendment of NRS 205.134 by section 8 of chapter 318, Statutes of Nevada 2005 (S.B. 520), at page 1081. Section 8 of S.B. 520 inadvertently neglected to correct an outstanding grammatical error occurring in subsection 1 of that section and has therefore been revised accordingly.

      Section 3 of this bill corrects an error in section 12 of chapter 421, Statutes of Nevada 2005 (S.B. 515), at page 1769, the source of NRS 360B.450. Section 12 of S.B. 515, which was intended to duplicate a definition required to carry out the Streamlined Sales and Use Tax Agreement, inadvertently indicated that the defined term did not include a clause which the Streamlined Sales and Use Tax Agreement included in the defined term. Section 12 of S.B. 515 has therefore been revised to indicate that the defined term includes that clause, which is set forth in paragraph (c) of subsection 1 of that section.

      Section 4 of this bill corrects an error in the amendment of NRS 649.095 by section 61 of chapter 427, Statutes of Nevada 2005 (S.B. 431), at page 1868. Section 60 of S.B. 431, which also amends NRS 649.095 and expires by limitation when section 61 of S.B. 431 becomes effective, contains an amendment that was not intended to expire but was inadvertently not included in section 61 of S.B. 431. Section 61 of S.B. 431 has therefore been revised to include the relevant amendment, which is set forth as subsection 3 of NRS 649.095.

      Section 5 of this bill corrects an error in section 71 of chapter 427, Statutes of Nevada 2005 (S.B. 431), at page 1873, the source of NRS 673.117. Section 71 of S.B. 431 inadvertently failed to account for an existing, conflicting provision of NRS. Subsection 1 of section 71 of S.B. 431 has therefore been revised to provide an exception for that conflicting provision.

      Section 6 of this bill corrects an error in section 13 of chapter 455, Statutes of Nevada 2005 (A.B. 42), at page 2093, the source of NRS 432B.4655. Section 13 of A.B. 42 was inadvertently drafted in a manner that failed to reflect accurately the specific terms of an amendment to A.B. 42 adopted before its enactment, and has therefore been revised as necessary to set forth those terms correctly.

      Section 7 of this bill corrects an error in the amendment of NRS 179D.550 by section 24 of chapter 507, Statutes of Nevada 2005 (S.B. 341), at page 2872. Section 24 of S.B. 341, which was intended to increase the criminal penalty imposed against a person who commits a second or subsequent violation within 7 years of subsection 1 of NRS 179D.550, inadvertently referred to such a person by a term used in NRS 179D.290, which was amended by section 23 of S.B. 341, that does not apply to NRS 179D.550. Section 24 of S.B. 341 has therefore been revised to use the appropriate term.

 


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ê2007 Statutes of Nevada, Page 97 (Chapter 47, AB 534)ê

 

      Section 8 of this bill corrects an error in the amendment of NRS 484.3943 by section 17 of chapter 6, Statutes of Nevada 2005, 22nd Special Session (A.B. 1 of the 22nd Special Session), at page 105. NRS 484.3943 was amended during the 2005 Legislative Session by:

      Section 27 of chapter 63, Statutes of Nevada 2005 (A.B. 256), at page 151;

      Section 8 of chapter 193, Statutes of Nevada 2005 (A.B. 421), at page 613; and

      Section 3 of chapter 443, Statutes of Nevada 2005 (A.B. 550), at page 2042.

      Section 17 of A.B. 1 of the 22nd Special Session inadvertently failed to account accurately for all the amendments of NRS 484.3943 enacted during the 2005 Legislative Session. Section 17 of A.B. 1 of the 22nd Special Session has therefore been revised as necessary for consistency with all of those earlier amendments.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 1 of chapter 282, Statutes of Nevada 2005, at page 1001, is hereby amended to read as follows:

       Section 1.  NRS 108.290 is hereby amended to read as follows:

       108.290  1.  If property that is the subject of a lien which is acquired as provided in NRS 108.270 to 108.360, inclusive, is the subject of a secured transaction in accordance with the laws of this State, the lien:

       (a) In the case of a lien acquired pursuant to NRS 108.315, is a first lien . [; and]

       (b) In the case of a lien on a motor vehicle for charges for towing, storing and any related administrative fees:

             (1) For the first 30 days of the lien:

                   (I) If the amount of the lien does not exceed $1,000, is a first lien.

                   (II) If the amount of the lien exceeds $1,000, is a second lien.

             (2) After the first 30 days of the lien:

                   (I) If the amount of the lien does not exceed $2,500, is a first lien.

                   (II) If the amount of the lien exceeds $2,500, is a second lien.

       (c) In all other cases, if the amount of the lien:

             (1) Does not exceed $1,000, is a first lien.

             (2) Exceeds $1,000, is a second lien.

       2.  The lien of a landlord may not exceed $2,000 or the total amount due and unpaid for rentals and utilities, whichever is the lesser.

      Sec. 2.  Section 8 of chapter 318, Statutes of Nevada 2005, at page 1081, is hereby amended to read as follows:

       Sec. 8.  NRS 205.134 is hereby amended to read as follows:

       205.134  1.  A notice in boldface type which is clearly legible and is in substantially the following form must be posted in a conspicuous place in every principal and branch office of every bank and in every place of business in which retail selling is conducted:

 

      The issuance of a check or draft without sufficient money or with intent to defraud is punishable by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment, and the issuance of such a check or draft in an amount of $250 or more or by a person who previously has been convicted three times of this or a similar offense is [guilty of] punishable as a category D felony [and may be punished] as provided in NRS 193.130.

 


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ê2007 Statutes of Nevada, Page 98 (Chapter 47, AB 534)ê

 

more than $1,000, or by both fine and imprisonment, and the issuance of such a check or draft in an amount of $250 or more or by a person who previously has been convicted three times of this or a similar offense is [guilty of] punishable as a category D felony [and may be punished] as provided in NRS 193.130.

 

       2.  [The Superintendent of the State Printing Division of the Department of Administration shall prepare the notice and supply copies of it on demand. The Superintendent may charge a fee based on the cost for each copy of the notice which is supplied.

       3.]  Failure of the owner, operator or manager of a bank or other place of business to post the sign required by this section is not a defense to charge of a violation of NRS 205.130.

      Sec. 3.  Section 12 of chapter 421, Statutes of Nevada 2005, at page 1769, is hereby amended to read as follows:

       Sec. 12.  1.  Except as otherwise provided in this section, “lease or rental” means any transfer of possession or control of tangible personal property for a fixed or indeterminate term for consideration. The term:

       (a) Includes future options to purchase or extend;

       (b) Excludes:

             (1) A transfer of possession or control under a security agreement or plan for deferred payment that requires the transfer of title upon completion of the required payments;

             (2) A transfer of possession or control under an agreement that requires the transfer of title upon completion of required payments and payment of an option price that does not exceed the greater of $100 or 1 percent of the total required payments; and

             (3) The provision of tangible personal property together with an operator for a fixed or indeterminate period, if the operator:

                   (I) Is necessary for the property to perform as designed; and

                   (II) Does anything more than maintain, inspect and set up the property; and

       (c) Includes agreements covering motor vehicles and trailers pursuant to which the amount of consideration may be increased or decreased by reference to the amount realized upon sale or disposition of the property, as described in 26 U.S.C. § 7701(h)(1).

       2.  The provisions of subsection 1:

       (a) Apply regardless of whether a transaction is characterized as a lease or rental under generally accepted accounting principles, the Internal Revenue Code, the Uniform Commercial Code or any other provisions of federal, state or local law.

       (b) Do not apply to any leases or rentals existing on June 15, 2005.

      Sec. 4.  Section 61 of chapter 427, Statutes of Nevada 2005, at page 1868, is hereby amended to read as follows:

       Sec. 61.  NRS 649.095 is hereby amended to read as follows:

       649.095  1.  An application for a license must be in writing and filed with the Commissioner on a form provided for that purpose.

       2.  The application must state:

 


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ê2007 Statutes of Nevada, Page 99 (Chapter 47, AB 534)ê

 

       (a) The name of the applicant and the name under which the applicant does business or expects to do business.

       (b) The address of the applicant’s business and residence, including street and number.

       (c) The character of the business sought to be carried on.

       (d) The locations by street and number where the business will be transacted.

       (e) In the case of a firm or partnership, the full names and residential addresses of all members or partners and the name and residential address of the manager.

       (f) In the case of a corporation or voluntary association, the name and residential address of each of the directors and officers and the name and residential address of the manager.

       (g) Any other information reasonably related to the applicant’s qualifications for the license which the Commissioner determines to be necessary.

       3.  In addition to any other requirements, each applicant or member, partner, director, officer or manager of an applicant shall submit to the Commissioner a complete set of his fingerprints and written permission authorizing the Division of Financial Institutions of the Department of Business and Industry 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.

       4.  The application must be subscribed by the applicant and acknowledged.

       [4.] 5.  Every applicant may be examined concerning his competency, experience, character and qualifications by the Commissioner or his authorized agent, and if the examination reveals that the applicant lacks any of the required qualifications, issuance of the license must be denied. Every application must have attached to it a financial statement showing the assets, liabilities and net worth of the applicant.

       6.  The Commissioner shall consider an application to be withdrawn if the Commissioner has not received all information and fees required to complete the application within 6 months after the date the application is first submitted to the Commissioner or within such later period as the Commissioner determines in accordance with any existing policies of joint regulatory partners. If an application is deemed to be withdrawn pursuant to this subsection or if an applicant otherwise withdraws an application, the Commissioner may not issue a license to the applicant unless the applicant submits a new application and pays any required fees.

      Sec. 5.  Section 71 of chapter 427, Statutes of Nevada 2005, at page 1873, is hereby amended to read as follows:

       Sec. 71.  1.  Except as otherwise provided in NRS 673.110, a licensee must obtain the approval of the Commissioner before using or changing a business name.

       2.  A licensee shall not:

       (a) Use any business name which is identical or similar to a business name used by another licensee under this chapter or which may mislead or confuse the public.

 


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ê2007 Statutes of Nevada, Page 100 (Chapter 47, AB 534)ê

 

       (b) Use any printed forms which may mislead or confuse the public.

      Sec. 6.  Section 13 of chapter 455, Statutes of Nevada 2005, at page 2093, is hereby amended to read as follows:

       Sec. 13.  A court may issue an order to join any governmental entity or other person as a party in any proceeding concerning the protection of the child to enforce a legal obligation of the entity or person to the child if, before issuing the order, the court provides notice and an opportunity to be heard to the governmental entity or person.

      Sec. 7.  Section 24 of chapter 507, Statutes of Nevada 2005, at page 2872, is hereby amended to read as follows:

       Sec. 24.  NRS 179D.550 is hereby amended to read as follows:

       179D.550  [A]

       1.  Except as otherwise provided in subsection 2, a sex offender who:

       [1.] (a) Fails to register with a local law enforcement agency;

       [2.] (b) Fails to notify the local law enforcement agency of a change of address;

       [3.] (c) Provides false or misleading information to the Central Repository or a local law enforcement agency; or

       [4.] (d) Otherwise violates the provisions of NRS 179D.350 to 179D.550, inclusive,

Ê is guilty of a category D felony and shall be punished as provided in NRS 193.130.

       2.  A sex offender who commits a second or subsequent violation of subsection 1 within 7 years after the first violation is guilty of a category C felony and shall be punished as provided in NRS 193.130. A court shall not grant probation to or suspend the sentence of a person convicted pursuant to this subsection.

      Sec. 8.  Section 17 of chapter 6, Statutes of Nevada 2005, 22nd Special Session, at page 105, is hereby amended to read as follows:

       Sec. 17.  Section 3 of Assembly Bill No. 550 of the 73rd Session of the Nevada Legislature is hereby amended to read as follows:

       Sec. 3.  NRS 484.3943 is hereby amended to read as follows:

       484.3943  1.  Except as otherwise provided in [subsection] subsections 2 and 5, a court:

       (a) May order a person convicted of a [first] violation of NRS 484.379 [,] that is punishable pursuant to paragraph (a) or (b) of subsection 1 of NRS 484.3792, if the person is found to have had a concentration of alcohol of less than 0.18 in his blood or breath, for a period of not less than 3 months nor more than 6 months [; and] , to install at his own expense a device in any motor vehicle which he owns or operates as a condition to obtaining a restricted license pursuant to NRS 483.490 or as a condition of reinstatement of his driving privilege.

       (b) Shall order a person convicted of [a third or subsequent] :

             (1) A violation of NRS 484.379 that is punishable pursuant to paragraph (a) or (b) of subsection 1 of NRS 484.3792, if the person is found to have had a concentration of alcohol of 0.18 or more in his blood or breath;

 


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ê2007 Statutes of Nevada, Page 101 (Chapter 47, AB 534)ê

 

             (2) A violation of NRS 484.379 [or a] that is punishable as a felony pursuant to NRS 484.3792; or

             (3) A violation of NRS 484.3795 [,] or section 10 of Assembly Bill No. 256 of the 73rd Session of the Nevada Legislature,

Ê for a period of not less than 12 months nor more than 36 months, to install at his own expense a device in any motor vehicle which he owns or operates as a condition to obtaining a restricted license pursuant to [subsection 3 of] NRS 483.490 [.] or as a condition of reinstatement of his driving privilege.

       2.  A court may [order a person convicted of a violation of NRS 484.379 or 484.3795, for a period determined by the court, to install at his own expense a device in any motor vehicle which he owns or operates as a condition of reinstatement of his driving privilege.] provide for an exception to the provisions of subparagraph (1) of paragraph (b) of subsection 1 for a person who is convicted of a violation of NRS 484.379 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792, to avoid undue hardship to the person if the court determines that:

       (a) Requiring the person to install a device in a motor vehicle which the person owns or operates would cause the person to experience an economic hardship; and

       (b) The person requires the use of the motor vehicle to:

             (1) Travel to and from work or in the course and scope of his employment;

             (2) Obtain medicine, food or other necessities or to obtain health care services for himself or another member of his immediate family; or

             (3) Transport himself or another member of his immediate family to or from school.

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

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

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

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

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

 


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ê2007 Statutes of Nevada, Page 102 (Chapter 47, AB 534)ê

 

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

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

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

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

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

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

       6.  The running of the period during which a person is required to have a device installed pursuant to this section commences when the Department issues a restricted license to him or reinstates his driving privilege and is tolled whenever and for as long as the person is, with regard to a violation of NRS 484.379 or 484.3795 or section 10 of Assembly Bill No. 256 of the 73rd Session of the Nevada Legislature, imprisoned, serving a term of residential confinement, confined in a treatment facility, on parole or on probation.

       7.  As used in this section:

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

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

       (c) “Treatment facility” has the meaning ascribed to it in NRS 484.3793.

      Sec. 9.  This act becomes effective upon passage and approval.

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ê2007 Statutes of Nevada, Page 103ê

 

CHAPTER 48, AB 541

Assembly Bill No. 541–Committee on Ways and Means

 

CHAPTER 48

 

AN ACT making a supplemental appropriation to the State Distributive School Account for unanticipated expenses for Fiscal Year 2006-2007 for providing health care subsidies to retired school district employees; and providing other matters properly relating thereto.

 

[Approved: May 14, 2007]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the State Distributive School Account created pursuant to NRS 387.030 the sum of $8,218,777 for unanticipated expenses for Fiscal Year 2006-2007 for providing health care subsidies to retired school district employees pursuant to NRS 287.023. This appropriation is supplemental to that made by section 4 of chapter 450, Statutes of Nevada 2005, at page 2073.

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

________

 

CHAPTER 49, AB 552

Assembly Bill No. 552–Committee on Government Affairs

 

CHAPTER 49

 

AN ACT relating to constables; authorizing constables to collect fees for removing or causing the removal of abandoned vehicles from public property; making various other changes to provisions governing the removal and disposition of abandoned vehicles; and providing other matters properly relating thereto.

 

[Approved: May 14, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill adds to the list of fees to which constables are entitled for their services a fee of $50 for removing or causing the removal of an abandoned vehicle from public property. (NRS 258.125) Sections 3 and 5 of this bill require an automobile wrecker that removes an abandoned vehicle from public property at the request of a constable to collect the $50 fee on behalf of the constable and transmit the fee to the constable. Section 5 also makes the constable’s fee part of the lien that a garage owner or automobile wrecker who removes an abandoned vehicle from public property at the request of a constable has on the vehicle. Section 5 provides that if the wrecker is unable to collect the constable’s fee from the owner of the vehicle, the wrecker is not required to transmit the fee to the constable unless the wrecker is able to satisfy his own lien. (NRS 487.095, 487.270)

      Existing law provides that certain law enforcement officers, including constables, may remove a vehicle from public property within their jurisdiction if they have reason to believe that the vehicle is abandoned. (NRS 487.230) Section 4 of this bill clarifies that such authority to remove abandoned vehicles from public property also includes the authority to cause the removal of the vehicles.

 


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ê2007 Statutes of Nevada, Page 104 (Chapter 49, AB 552)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 258.125 is hereby amended to read as follows:

      258.125  1.  Constables are entitled to the following fees for their services:

 

For serving a summons or other process by which a suit is commenced in civil cases.. $17

For summoning a jury before a justice of the peace................................................................ 7

For taking a bond or undertaking................................................................................................ 5

For serving an attachment against the property of a defendant........................................... 9

For serving subpoenas, for each witness.................................................................................. 15

For a copy of any writ, process or order or other paper, when demanded or required by law, per folio............................................................................................................................................. 3

For drawing and executing every constable’s deed, to be paid by the grantee, who must also pay for the acknowledgment thereof......................................................................................... 20

For each certificate of sale of real property under execution................................................. 5

For levying any writ of execution or writ of garnishment, or executing an order of arrest in civil cases, or order for delivery of personal property, with traveling fees as for summons 9

For serving one notice required by law before the commencement of a proceeding for any type of eviction............................................................................................................................... 26

For serving not fewer than 2 nor more than 10 such notices to the same location, each notice................................................................................................................................................... 20

For serving not fewer than 11 nor more than 24 such notices to the same location, each notice................................................................................................................................................... 17

For serving 25 or more such notices to the same location, each notice.............................. 15

For mileage in serving such a notice, for each mile necessarily and actually traveled in going only..................................................................................................................................................... 2

But if two or more notices are served at the same general location during the same period, mileage may only be charged for the service of one notice.

For each service in a summary eviction, except service of any notice required by law before commencement of the proceeding, and for serving notice of and executing a writ of restitution................................................................................................................................. 21

For making and posting notices, and advertising property for sale on execution, not to include the cost of publication in a newspaper....................................................................................... 9

For each warrant lawfully executed.......................................................................................... 48

For mileage in serving summons, attachment, execution, order, venire, subpoena, notice, summary eviction, writ of restitution or other process in civil suits, for each mile necessarily and actually traveled, in going only...................................................................................... 2

But when two or more persons are served in the same suit, mileage may only be charged for the most distant, if they live in the same direction.

 


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ê2007 Statutes of Nevada, Page 105 (Chapter 49, AB 552)ê

 

For mileage in making a diligent but unsuccessful effort to serve a summons, attachment, execution, order, venire, subpoena or other process in civil suits, for each mile necessarily and actually traveled, in going only........................................................................................... $2

But mileage may not exceed $20 for any unsuccessful effort to serve such process.

 

      2.  A constable is also entitled to receive:

      (a) For receiving and taking care of property on execution, attachment or order, his actual necessary expenses, to be allowed by the court which issued the writ or order, upon the affidavit of the constable that the charges are correct and the expenses necessarily incurred.

      (b) For collecting all sums on execution or writ, to be charged against the defendant, on the first $3,500, 2 percent thereof, and on all amounts over that sum, one-half of 1 percent.

      (c) For service in criminal cases, except for execution of warrants, the same fees as are allowed sheriffs for like services, to be allowed, audited and paid as are other claims against the county.

      (d) For removing or causing the removal of, pursuant to NRS 487.230, a vehicle that has been abandoned on public property, $50.

      3.  Deputy sheriffs acting as constables are not entitled to retain for their own use any fees collected by them, but the fees must be paid into the county treasury on or before the 5th working day of the month next succeeding the month in which the fees were collected.

      4.  Constables shall, on or before the 5th working day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which may be retained as compensation.

      Sec. 2.  NRS 258.230 is hereby amended to read as follows:

      258.230  [All] Except with respect to the fee described in paragraph (d) of subsection 2 of NRS 258.125, all fees prescribed in this chapter shall be payable in advance, if demanded. If a constable shall not have received any or all of his fees, which may be due him for services rendered by him in any suit or proceedings, he may have execution therefor in his own name against the party or parties from whom they are due, to be issued from the court where the action is pending, upon the order of the justice of the peace or court upon affidavit filed.

      Sec. 3.  NRS 487.095 is hereby amended to read as follows:

      487.095  1.  Except as otherwise provided in subsection 2:

      (a) An automobile wrecker may only charge and collect those fees for towing an abandoned automobile as are prescribed by regulations of the Department.

      (b) An automobile wrecker shall not charge a fee to tow an abandoned vehicle if he does not obtain the consent of the owner of the property to tow the vehicle.

      2.  When an automobile wrecker removes an abandoned vehicle from public property at the request of a constable as provided in NRS 487.230, the automobile wrecker shall:

      (a) If the owner of the abandoned vehicle can be identified and if the automobile wrecker is able to collect from the owner the fee described in paragraph (d) of subsection 2 of NRS 258.125, transmit that fee to the constable; or

 


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ê2007 Statutes of Nevada, Page 106 (Chapter 49, AB 552)ê

 

      (b) If the owner of the abandoned vehicle cannot be identified or if the automobile wrecker is otherwise unable to collect from the owner the fee described in paragraph (d) of subsection 2 of NRS 258.125, transmit that fee to the constable only if he is able to satisfy his own lien, as provided in NRS 487.270.

      Sec. 4.  NRS 487.230 is hereby amended to read as follows:

      487.230  1.  Except as otherwise provided in NRS 487.235, any sheriff or his designee, constable, member of the Nevada Highway Patrol, officer of the Legislative Police, investigator of the Division of Compliance Enforcement of the Department, personnel of the Capitol Police Division of the Department of Public Safety, designated employees of the Manufactured Housing Division of the Department of Business and Industry, special investigator employed by the office of a district attorney, marshal or policeman of a city or town or his designee, a marshal or park ranger who is part of a unit of specialized law enforcement established pursuant to NRS 280.125, or any other person charged with the enforcement of county or city ordinances who has reason to believe that a vehicle has been abandoned on public property in his jurisdiction may remove the vehicle from that property [.] or cause the vehicle to be removed from that property. At the request of the owner or person in possession or control of private property who has reason to believe that a vehicle has been abandoned on his property, the vehicle may be removed by the operator of a tow car or an automobile wrecker from that private property.

      2.  A person who authorizes the removal of an abandoned vehicle pursuant to subsection 1 shall:

      (a) Have the vehicle taken to the nearest garage or other place designated for storage by:

             (1) The state agency or political subdivision making the request if the vehicle is removed from public property.

             (2) The owner or person in possession or control of the property if the vehicle is removed from private property.

      (b) Make all practical inquiries to ascertain if the vehicle is stolen by checking the license plate number, vehicle identification number and other available information which will aid in identifying the registered and legal owner of the vehicle and supply the information to the person who is storing the vehicle.

      Sec. 5.  NRS 487.270 is hereby amended to read as follows:

      487.270  1.  Whenever a vehicle has been removed to a garage or other place as provided by NRS 487.230, the owner of the garage or the automobile wrecker who towed the vehicle has a lien on the vehicle for [the] :

      (a) The costs of towing and storing for a period not exceeding 90 days [.] ; and

      (b) If the vehicle was removed from public property at the request of a constable, the fee described in paragraph (d) of subsection 2 of NRS 258.125.

      2.  If the vehicle is appraised at a value of $500 or less and is not reclaimed within the period prescribed in NRS 487.250, the owner of the garage or automobile wrecker may satisfy his lien by retaining the vehicle and obtaining a certificate pursuant to NRS 487.880, if applicable, or a salvage title as provided in NRS 487.810.

      3.  If the vehicle is appraised at a value of more than $500 and is not reclaimed within 45 days, the owner of the garage or automobile wrecker may satisfy his lien, in accordance with the provisions of NRS 108.265 to 108.360, inclusive.

 


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ê2007 Statutes of Nevada, Page 107 (Chapter 49, AB 552)ê

 

may satisfy his lien, in accordance with the provisions of NRS 108.265 to 108.360, inclusive. Before such a person may sell the vehicle, he shall obtain a certificate pursuant to NRS 487.880, if applicable, or a salvage title as provided in NRS 487.810.

      4.  If the vehicle was removed from public property at the request of a constable and the owner of the garage or automobile wrecker satisfies his lien pursuant to subsection 2 or 3, the owner of the garage or automobile wrecker shall transmit to the constable the fee described in paragraph (d) of subsection 2 of NRS 258.125.

      Sec. 6.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 50, AB 560

Assembly Bill No. 560–Committee on Judiciary

 

CHAPTER 50

 

AN ACT relating to real property; establishing requirements concerning agreements between debtors and third parties for assistance in the recovery of certain proceeds of a foreclosure sale; and providing other matters properly relating thereto.

 

[Approved: May 14, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, the balance of any proceeds of a foreclosure sale on real property remaining after the payment of the expenses relating to the sale, the obligation being enforced by the sale and any other obligations secured by the property is required to be paid to the debtor or his successor in interest. (NRS 40.462) This bill authorizes a debtor and a third party to enter into an agreement pursuant to which the third party assists the debtor in the recovery of the balance of any proceeds due to the debtor after a foreclosure sale and establishes the requirements for such an agreement. This bill also requires that fees charged by third parties pursuant to such agreements must be reasonable and provides a presumption that fees which exceed $2,500 are unreasonable. A third party seeking a fee that exceeds $2,500 is authorized to apply to a court for permission to charge the higher fee.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 40 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in this section, a debtor or his successor in interest may enter into an agreement with a third party that provides for the third party to assist in the recovery of any balance of the proceeds of a foreclosure sale due to the debtor or his successor in interest pursuant to paragraph (d) of subsection 2 of NRS 40.462.

      2.  An agreement pursuant to subsection 1:

      (a) Must:

             (1) Be in writing;

             (2) Be signed by the debtor or his successor in interest; and

             (3) Contain an acknowledgment of the signature of the debtor or his successor in interest by a notary public; and

 


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ê2007 Statutes of Nevada, Page 108 (Chapter 50, AB 560)ê

 

      (b) May not be entered into less than 30 days after the date on which the foreclosure sale was conducted.

      3.  Any agreement entered into pursuant to this section that does not comply with subsection 2 is void and unenforceable.

      4.  Any fee charged by a third party for services provided pursuant to an agreement entered into pursuant to this section must be reasonable. A fee that exceeds $2,500, excluding attorney’s fees and costs, is presumed to be unreasonable. A court shall not enforce an obligation to pay any unreasonable fee, but may require a debtor to pay a reasonable fee that is less than the amount set forth in the agreement.

      5.  A third party may apply to the court for permission to charge a fee that exceeds $2,500. Any third party applying to the court pursuant to this subsection has the burden of establishing to the court that the fee is reasonable.

      6.  This section does not preclude a debtor or his successor in interest from contesting the reasonableness of any fee set forth in an agreement entered into pursuant to this section.

      7.  As used in this section:

      (a) “Creditor” means a person due an obligation being enforced by a foreclosure sale conducted pursuant to NRS 40.451 to 40.462, inclusive.

      (b) “Debtor” means a person, or the successor in interest of a person, who owes an obligation being enforced by a foreclosure sale conducted pursuant to NRS 40.451 to 40.462, inclusive.

      (c) “Third party” means a person who is neither the debtor nor the creditor of a particular obligation being enforced by a foreclosure sale conducted pursuant to NRS 40.451 to 40.462, inclusive.

________

 

CHAPTER 51, AB 575

Assembly Bill No. 575–Committee on Health and Human Services

 

CHAPTER 51

 

AN ACT relating to indigent persons; repealing an obsolete statute relating to county workhouses for indigent persons and homes for the aged; and providing other matters properly relating thereto.

 

[Approved: May 14, 2007]

 

Legislative Counsel’s Digest:

      Existing law requires that the Legislative Counsel and the Research Director of the Legislative Counsel Bureau work collaboratively to develop recommendations for the elimination of obsolete or antiquated statutes. (NRS 218.2473) This bill repeals a statute determined to be obsolete relating to the establishment of county workhouses for indigent persons and homes for the aged. (NRS 428.100)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 428.100 is hereby repealed.

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

________

 


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ê2007 Statutes of Nevada, Page 109ê

 

CHAPTER 52, AB 589

Assembly Bill No. 589–Committee on Judiciary

 

CHAPTER 52

 

AN ACT relating to gaming; providing for continued operation of the Nevada Gaming Commission and the State Gaming Control Board during a budgetary or other fiscal crisis; and providing other matters properly relating thereto.

 

[Approved: May 14, 2007]

 

Legislative Counsel’s Digest:

      Existing law creates the Nevada Gaming Commission and the State Gaming Control Board and sets forth the general powers and duties of the Commission and the Board. (NRS 463.022, 463.030, 463.140) These powers and duties include investigating, inspecting and examining gaming premises and equipment. This bill provides that the Commission, the Board and their employees are essential employees and shall continue to perform their duties during a budgetary or other fiscal crisis which causes a closure of nonessential offices.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 463 of NRS is hereby amended by adding thereto a new section to read as follows:

      Notwithstanding any other provision of law, in the event of a budgetary or other fiscal crisis which necessitates a temporary closure of the nonessential state agencies, State of Nevada, the Board, the Commission and their agents shall be deemed to be essential employees and shall continue to perform their duties.

      Sec. 2.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 53, SB 32

Senate Bill No. 32–Committee on Judiciary

 

CHAPTER 53

 

AN ACT relating to juvenile justice; authorizing a juvenile court to order a delinquent child who is at least 18 years of age but less than 21 years of age and who violates his parole to be placed in a county jail in certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 14, 2007]

 

Legislative Counsel’s Digest:

      Existing law authorizes a juvenile court to order certain delinquent children who violate a condition of their probation to be placed, depending upon the age of the child, in a facility for the detention of children or in a county jail. (NRS 62E.710) This bill authorizes a juvenile court to order a delinquent child who is at least 18 years of age but less than 21 years of age and who has been released on parole to be placed in a county jail if the child violates a condition of his parole.

 


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ê2007 Statutes of Nevada, Page 110 (Chapter 53, SB 32)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 62E.710 is hereby amended to read as follows:

      62E.710  The juvenile court may order any child who is:

      1.  Less than 18 years of age and who has been adjudicated delinquent and placed on probation by the juvenile court to be placed in a facility for the detention of children for not more than 30 days for the violation of probation.

      2.  At least 18 years of age but less than 21 years of age and who has been placed on probation by the juvenile court or who has been released on parole to be placed in a county jail for the violation of probation [.] or parole.

      Sec. 2.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 54, SB 57

Senate Bill No. 57–Senator Wiener

 

CHAPTER 54

 

AN ACT relating to juvenile sex offenders; requiring the parent of a child who is the victim of a sexual offense to give written consent before the name of the child may be included in a notice provided to a school; and providing other matters properly relating thereto.

 

[Approved: May 14, 2007]

 

Legislative Counsel’s Digest:

      Existing law requires the parole or probation officer who supervises a child who has been adjudicated delinquent for a sexual offense or a sexually motivated act to provide notice that the child has been adjudicated as such to the superintendent of the school district in which the child resides or, if the child is attending a private school, to the executive head of the private school. (NRS 62F.120) If the victim of the sexual offense or sexually motivated act attends a public or private school in this State, the notification must include the name of the victim. (NRS 62F.120) This bill requires the parole or probation officer to obtain the written consent of the parent or guardian of the victim before including the name of the victim in the notification.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 62F.120 is hereby amended to read as follows:

      62F.120  1.  If a child has been adjudicated delinquent for a sexual offense or a sexually motivated act, the probation officer or parole officer, as appropriate, assigned to the child shall provide notice that the child has been adjudicated delinquent for a sexual offense or a sexually motivated act to:

      (a) The superintendent of the county school district in which the child resides; or

      (b) If the child is attending a private school within this State, the executive head of the private school.

      2.  If the probation officer or parole officer, as appropriate, assigned to the child is informed by the parent or guardian of the child that the child expects to change the public school or private school that the child is attending or if the probation officer or parole officer otherwise becomes aware of such a change, the probation officer or parole officer shall provide notification that the child has been adjudicated delinquent for a sexual offense or a sexually motivated act to:

 


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ê2007 Statutes of Nevada, Page 111 (Chapter 54, SB 57)ê

 

attending or if the probation officer or parole officer otherwise becomes aware of such a change, the probation officer or parole officer shall provide notification that the child has been adjudicated delinquent for a sexual offense or a sexually motivated act to:

      (a) The superintendent of the county school district in which the child is or will be residing; or

      (b) If the child is or will be attending a private school within this State, the executive head of the private school.

      3.  Notification provided pursuant to this section must include the name of each victim of a sexual offense or a sexually motivated act committed by the child if [the] :

      (a) The victim is attending a public school or private school within this State [.] ; and

      (b) The parent or guardian of the victim consents, in writing, to the inclusion of the name of the victim in the notification.

      Sec. 2.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 55, SB 70

Senate Bill No. 70–Senators Care and Amodei

 

CHAPTER 55

 

AN ACT relating to financial administration; enacting the Uniform Prudent Management of Institutional Funds Act; repealing the Uniform Management-of-Institutional-Funds Act; and providing other matters properly relating thereto.

 

[Approved: May 14, 2007]

 

Legislative Counsel’s Digest:

      Existing law requires members of the governing body of a charitable institution to exercise ordinary care and prudence in the management and investment of funds held by the institution. Under existing law, the exercise of ordinary care and prudence requires the consideration of certain factors. (NRS 164.620) Section 12 of this bill requires each person responsible for managing and investing the funds of a charitable institution to consider additional factors, including, without limitation, the role that the investment will play within the overall investment portfolio of the institution and an asset’s special relationship to the purpose of the institution. In addition, section 12 requires a charitable institution to make a decision concerning the suitability of retaining property contributed to the institution within a reasonable period of time after the institution receives the property. Also, a charitable institution must diversify its investments, absent special circumstances, must minimize the costs incurred in managing and investing the funds of the institution and must make a reasonable effort to verify the information relevant to the management and investment of the funds of the institution. Finally, a person who has special skills or expertise must use those traits in managing and investing the funds of a charitable institution.

 


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ê2007 Statutes of Nevada, Page 112 (Chapter 55, SB 70)ê

 

      Existing law permits the expenditure of appreciation of an endowment fund to the extent the fund has appreciated above the value of all contributions to the fund, valued at the time of the contribution. (NRS 164.580) Instead of using the value of contributions as a limitation, section 13 of this bill applies a prudence standard to the process of making decisions about expenditures from an endowment fund, unless a donor specifically states a different intention. Section 13 also creates a rebuttable presumption of imprudence if a charitable institution appropriates for expenditure more than 7 percent of the fair market value of an endowment fund.

      Existing law provides that if a donor is unable to consent to the release of a restriction on the use or investment of a fund, the district court may release the restriction if it finds that “the restriction is obsolete, inappropriate or impracticable.” (NRS 164.630) Instead of allowing the district court to release restrictions, section 15 of this bill allows a court to modify restrictions on the way an institution manages or administers a fund in a manner that furthers the probable intention of the donor. In addition, section 15 allows a court to modify the purpose of a fund held by a charitable institution if the purpose has become unlawful, impracticable, impossible to achieve or wasteful. Finally, section 15 allows a charitable institution to release or modify a restriction without court approval under certain circumstances.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 164 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 18, inclusive, of this act.

      Sec. 2.  Sections 2 to 18, inclusive, of this act may be cited as the Uniform Prudent Management of Institutional Funds Act.

      Sec. 3.  As used in sections 2 to 18, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 11, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4.  “Charitable purpose” means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose or any other purpose the achievement of which is beneficial to the community.

      Sec. 5.  “Endowment fund” means an institutional fund or part thereof that, under the terms of a gift instrument, is not wholly expendable by the institution on a current basis. The term does not include assets that an institution designates as an endowment fund for its own use.

      Sec. 6.  “Gift instrument” means a record or records, including, without limitation, an institutional solicitation, under which property is granted to, transferred to or held by an institution as an institutional fund.

      Sec. 7.  “Institution” means:

      1.  A person, other than an individual, organized and operated exclusively for charitable purposes;

      2.  A government or governmental subdivision, agency or instrumentality, to the extent that it holds funds exclusively for a charitable purpose; and

      3.  A trust that had both charitable and noncharitable interests, after all noncharitable interests have terminated.

      Sec. 8.  “Institutional fund” means a fund held by an institution exclusively for charitable purposes. The term does not include:

      1.  Program-related assets;

      2.  A fund held for an institution by a trustee that is not an institution; or

 


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ê2007 Statutes of Nevada, Page 113 (Chapter 55, SB 70)ê

 

      3.  A fund in which a beneficiary that is not an institution has an interest, other than an interest that could arise upon violation or failure of the purposes of the fund.

      Sec. 9.  “Person” means an individual, corporation, business trust, estate, trust, partnership, limited-liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.

      Sec. 10.  “Program-related asset” means an asset held by an institution primarily to accomplish a charitable purpose of the institution and not primarily for investment.

      Sec. 11.  “Record” means information which is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form.

      Sec. 12.  1.  Subject to the intent of a donor expressed in a gift instrument, an institution, in managing and investing an institutional fund, shall consider the charitable purposes of the institution and the purposes of the institutional fund.

      2.  In addition to complying with the duty of loyalty imposed by law other than sections 2 to 18, inclusive, of this act, each person responsible for managing and investing an institutional fund shall manage and invest the fund in good faith and with the care an ordinarily prudent person in a like position would exercise under similar circumstances.

      3.  In managing and investing an institutional fund, an institution:

      (a) May incur only costs that are appropriate and reasonable in relation to the assets, the purposes of the institution and the skills available to the institution; and

      (b) Shall make a reasonable effort to verify facts relevant to the management and investment of the fund.

      4.  An institution may pool two or more institutional funds for purposes of management and investment.

      5.  Except as otherwise provided by a gift instrument, the following rules apply:

      (a) In managing and investing an institutional fund, the following factors, if relevant, must be considered:

             (1) General economic conditions;

             (2) The possible effect of inflation or deflation;

             (3) The expected tax consequences, if any, of investment decisions or strategies;

             (4) The role that each investment or course of action plays within the overall investment portfolio of the fund;

             (5) The expected total return from income and the appreciation of investments;

             (6) Other resources of the institution;

             (7) The needs of the institution and the fund to make distributions and to preserve capital; and

             (8) An asset’s special relationship or special value, if any, to the charitable purposes of the institution.

      (b) Management and investment decisions about an individual asset must be made not in isolation but rather in the context of the institutional fund’s portfolio of investments as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the fund and to the institution.

 


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ê2007 Statutes of Nevada, Page 114 (Chapter 55, SB 70)ê

 

      (c) Except as otherwise provided by law other than sections 2 to 18, inclusive, of this act, an institution may invest in any kind of property or type of investment consistent with this section.

      (d) An institution shall diversify the investments of an institutional fund unless the institution reasonably determines that, because of special circumstances, the purposes of the fund are better served without diversification.

      (e) Within a reasonable time after receiving property, an institution shall make and carry out decisions concerning the retention or disposition of the property or to rebalance a portfolio, in order to bring the institutional fund into compliance with the purposes, terms and distribution requirements of the institution or necessary to meet other circumstances of the institution and the requirements of sections 2 to 18, inclusive, of this act.

      (f) A person that has special skills or expertise, or is selected in reliance upon the person’s representation that the person has special skills or expertise, has a duty to use those skills or that expertise in managing and investing institutional funds.

      Sec. 13.  1.  Subject to the intent of a donor expressed in the gift instrument and to subsection 4, an institution may appropriate for expenditure or accumulate so much of an endowment fund as the institution determines is prudent for the uses, benefits, purposes and duration for which the endowment fund is established. Unless stated otherwise in the gift instrument, the assets in an endowment fund are donor-restricted assets until appropriated for expenditure by the institution. In making a determination to appropriate or accumulate, the institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, and shall consider, if relevant, the following factors:

      (a) The duration and preservation of the endowment fund;

      (b) The purposes of the institution and the endowment fund;

      (c) General economic conditions;

      (d) The possible effect of inflation or deflation;

      (e) The expected total return from income and the appreciation of investments;

      (f) Other resources of the institution; and

      (g) The investment policy of the institution.

      2.  To limit the authority to appropriate for expenditure or accumulate under subsection 1, a gift instrument must specifically state the limitation.

      3.  Terms in a gift instrument designating a gift as an endowment, or a direction or authorization in the gift instrument to use only “income,” “interest,” “dividends,” or “rents, issues or profits,” or “to preserve the principal intact,” or words of similar import:

      (a) Create an endowment fund of permanent duration unless other language in the gift instrument limits the duration or purpose of the fund; and

      (b) Do not otherwise limit the authority to appropriate for expenditure or accumulate under subsection 1.

      4.  The appropriation for expenditure in any year of an amount greater than 7 percent of the fair market value of an endowment fund, calculated on the basis of market values determined at least quarterly and averaged over a period of not less than 3 years immediately preceding the year in which the appropriation for expenditure was made, creates a rebuttable presumption of imprudence.

 


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year in which the appropriation for expenditure was made, creates a rebuttable presumption of imprudence. For an endowment fund in existence for less than 3 years, the fair market value of the endowment fund must be calculated for the period the endowment fund has been in existence. This subsection does not:

      (a) Apply to an appropriation for expenditure permitted under law other than sections 2 to 18, inclusive, of this act or by the gift instrument; or

      (b) Create a presumption of prudence for an appropriation for expenditure of an amount less than or equal to 7 percent of the fair market value of the endowment fund.

      Sec. 14.  1.  Subject to any specific limitation set forth in a gift instrument or in law other than sections 2 to 18, inclusive, of this act, an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution could prudently delegate under the circumstances. An institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, in:

      (a) Selecting an agent;

      (b) Establishing the scope and terms of the delegation, consistent with the purposes of the institution and the institutional fund; and

      (c) Periodically reviewing the agent’s actions in order to monitor the agent’s performance and compliance with the scope and terms of the delegation.

      2.  In performing a delegated function, an agent owes a duty to the institution to exercise reasonable care to comply with the scope and terms of the delegation.

      3.  An institution that complies with subsection 1 is not liable for the decisions or actions of an agent to which the function was delegated.

      4.  By accepting delegation of a management or investment function from an institution that is subject to the laws of this State, an agent submits to the jurisdiction of the courts of this State in all proceedings arising from or related to the delegation or the performance of the delegated function.

      5.  An institution may delegate management and investment functions to its committees, officers or employees as authorized by law of this State other than sections 2 to 18, inclusive, of this act.

      Sec. 15.  1.  If the donor consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument on the management, investment or purpose of an institutional fund. A release or modification may not allow a fund to be used for a purpose other than a charitable purpose of the institution.

      2.  The court, upon application of an institution, may modify a restriction contained in a gift instrument regarding the management or investment of an institutional fund if the restriction has become impracticable or wasteful, if it impairs the management or investment of the fund or if, because of circumstances not anticipated by the donor, a modification of a restriction will further the purposes of the fund. The institution shall notify the Attorney General of the application, and the Attorney General must be given an opportunity to be heard. To the extent practicable, any modification must be made in accordance with the donor’s probable intention.

 


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      3.  If a particular charitable purpose or a restriction contained in a gift instrument on the use of an institutional fund becomes unlawful, impracticable, impossible to achieve or wasteful, the court, upon application of an institution, may modify the purpose of the fund or the restriction on the use of the fund in a manner consistent with the charitable purposes expressed in the gift instrument. The institution shall notify the Attorney General of the application, and the Attorney General must be given an opportunity to be heard.

      4.  If an institution determines that a restriction contained in a gift instrument on the management, investment or purpose of an institutional fund is unlawful, impracticable, impossible to achieve or wasteful, the institution, 60 days after notification to the Attorney General, may release or modify the restriction, in whole or part, if:

      (a) The institutional fund subject to the restriction has a total value of less than $25,000;

      (b) More than 20 years have elapsed since the fund was established; and

      (c) The institution uses the property in a manner consistent with the charitable purposes expressed in the gift instrument.

      Sec. 16.  Compliance with sections 2 to 18, inclusive, of this act is determined in light of the facts and circumstances existing at the time a decision is made or action is taken, and not by hindsight.

      Sec. 17.  Sections 2 to 18, inclusive, of this act modify, limit and supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but do not modify, limit or supersede Section 101 of that act, 15 U.S.C. § 7001(a), or authorize electronic delivery of any of the notices described in Section 103 of that act, 15 U.S.C. § 7003(b).

      Sec. 18.  In applying and construing the Uniform Prudent Management of Institutional Funds Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

      Sec. 19.  NRS 164.500, 164.510, 164.520, 164.530, 164.540, 164.550, 164.560, 164.570, 164.580, 164.590, 164.600, 164.610, 164.620, and 164.630 are hereby repealed.

      Sec. 20.  1.  The amendatory provisions of this act apply to institutional funds existing on or established after October 1, 2007.

      2.  As applied to institutional funds existing on October 1, 2007, the amendatory provisions of this act govern only decisions made or actions taken on or after that date.

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