Link to Page 980

 

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ê2007 Statutes of Nevada, Page 981 (Chapter 267, AB 80)ê

 

      (a) Create a record which sets forth that the civil penalty has been waived and describes the circumstances that constitute the good cause shown; and

      (b) Ensure that the record created pursuant to paragraph (a) is available for review by the general public.

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CHAPTER 268, AB 227

Assembly Bill No. 227–Assemblymen Carpenter, Mabey, Claborn, Goedhart, Goicoechea, Grady, Marvel and Settelmeyer

 

Joint Sponsors: Senators Rhoads and McGinness

 

CHAPTER 268

 

AN ACT relating to trespassing; revising the provisions governing the posting of warnings against trespassing; and providing other matters properly relating thereto.

 

[Approved: June 1, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, a person commits the crime of trespassing if the person willfully goes or remains upon any land or in any building after having been warned not to trespass. (NRS 207.200) For the purposes of determining whether a person has been given sufficient warning not to trespass, the owner of land may choose to fence the area or may paint the area in a specific manner.

      This bill changes the interval between posts, structures or natural objects that must be painted with fluorescent orange paint from 200 feet to such a distance as is necessary to ensure that a person has a clear line of vision from one such post, structure or natural object to the next, but not less than every 1,000 feet if the land is used for agricultural purposes or for herding or grazing livestock, or not less than every 200 feet if the land is used for other purposes. In addition, each corner of the land must be similarly marked. This bill also changes existing law, which requires that a post must be painted with not less than 50 square inches of paint and which requires that if the post is a metal fence post, the entire post must be painted, to provide that only the top 12 inches of any post must be painted, regardless of whether the post is made of wood, metal or other material. Furthermore, this bill requires that each side of all gates, cattle guards and openings that are designed for entry must be painted with fluorescent orange paint.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 207.200 is hereby amended to read as follows:

      207.200  1.  Unless a greater penalty is provided pursuant to NRS 200.603, any person who, under circumstances not amounting to a burglary:

      (a) Goes upon the land or into any building of another with intent to vex or annoy the owner or occupant thereof, or to commit any unlawful act; or

      (b) Willfully goes or remains upon any land or in any building after having been warned by the owner or occupant thereof not to trespass,

Ê is guilty of a misdemeanor. The meaning of this subsection is not limited by subsections 2 and 4.

 


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ê2007 Statutes of Nevada, Page 982 (Chapter 268, AB 227)ê

 

      2.  A sufficient warning against trespassing, within the meaning of this section, is given by [either] any of the following methods:

      (a) [Painting, at] If the land is used for agricultural purposes or for herding or grazing livestock, by painting with fluorescent orange paint:

             (1) [intervals of not more than 200 feet on each side of the land, upon or near the boundary,] Not less than 50 square inches of the exterior portion of a [post,] structure or natural object [with not less than 50 square inches of fluorescent orange paint or, if the post is a metal fence post, painting the entire post with such paint.] or the top 12 inches of the exterior portion of a post, whether made of wood, metal or other material, at:

                   (I) Intervals of such a distance as is necessary to ensure that at least one such structure, natural object or post would be within the direct line of sight of a person standing next to another such structure, natural object or post, but at intervals of not more than 1,000 feet; and

                   (II) Each corner of the land, upon or near the boundary; and

             (2) Each side of all gates, cattle guards and openings that are designed to allow human ingress to the area;

      (b) If the land is not used in the manner specified in paragraph (a), by painting with fluorescent orange paint not less than 50 square inches of the exterior portion of a structure or natural object or the top 12 inches of the exterior portion of a post, whether made of wood, metal or other material, at:

             (1) Intervals of such a distance as is necessary to ensure that at least one such structure, natural object or post would be within the direct line of sight of a person standing next to another such structure, natural object or post, but at intervals of not more than 200 feet; and

             (2) Each corner of the land, upon or near the boundary; or

      (c) Fencing the area.

      3.  It is prima facie evidence of trespass for any person to be found on private or public property which is posted or fenced as provided in subsection 2 without lawful business with the owner or occupant of the property.

      4.  An entryman on land under the laws of the United States is an owner within the meaning of this section.

      5.  As used in this section, “fence” means a barrier sufficient to indicate an intent to restrict the area to human ingress, including, but not limited to, a wall, hedge or chain link or wire mesh fence. The term does not include a barrier made of barbed wire.

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ê2007 Statutes of Nevada, Page 983ê

 

CHAPTER 269, AB 228

Assembly Bill No. 228–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 269

 

AN ACT relating to pest control; authorizing the Director of the State Department of Agriculture to refuse to issue a license to engage in pest control to a person who is convicted of certain crimes; requiring an applicant for a license to engage in pest control to submit a complete set of his fingerprints to the Director under certain circumstances; prohibiting a person from engaging in certain pest control activities concerning wood-destroying pests or organisms without a license issued by the Director; providing additional grounds for the Director to revoke, suspend or modify a license to engage in pest control; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 1, 2007]

 

Legislative Counsel’s Digest:

      Existing law prohibits a person from engaging in pest control activities without a license issued by the Director of the State Department of Agriculture. (NRS 555.280) “Pest control” means the business of using pesticides and mechanical devices to control infestations of pests and the inspection for hire of houses and other structures. The term also includes the submission of reports, estimates or bids for the inspection or control of wood-destroying pests. (NRS 555.2667) Existing law further prohibits a person from engaging in various pest control activities concerning wood-destroying pests or organisms without a license issued by the Director, including, without limitation, preparing inspection reports concerning those pests or organisms. (NRS 555.285)

      Section 1 of this bill authorizes the Director to refuse to issue a license to perform pest control to certain persons who are convicted of, or enter a plea of guilty or nolo contendere to, a felony or any crime involving moral turpitude. Section 1 also requires an applicant for a license to engage in pest control who is a primary principal or intends to act as a primary principal for a pest control business to submit a complete set of his fingerprints to the Director. Additionally, section 1 sets forth grounds for the Director to refuse to issue a license to perform pest control.

      Section 3 of this bill prohibits a person from altering an inspection report concerning wood-destroying pests or organisms without a license issued by the Director.

      Existing law authorizes the Director to revoke, suspend or modify a license to engage in pest control if he finds that the licensee has engaged in certain activities. (NRS 555.350)

      Section 3.5 of this bill expands those activities to include a conviction of the licensee of a felony or any crime involving moral turpitude.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 555 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Director may refuse to issue a license to perform pest control to any person who:

      (a) Is a primary principal or intends to act as a primary principal for a pest control business pursuant to NRS 555.3507; and

 


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ê2007 Statutes of Nevada, Page 984 (Chapter 269, AB 228)ê

 

      (b) Has been convicted of, or entered a plea of guilty or nolo contendere to, a felony or any crime involving moral turpitude, in any court of competent jurisdiction in the United States or any other country.

      2.  In addition to any other requirements set forth in this chapter, each applicant for a license to perform pest control specified in paragraph (a) of subsection 1 shall submit with his application a complete set of his fingerprints and written permission authorizing the Director to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      3.  A suspension or revocation of a license to perform pest control pursuant to NRS 555.350 or any previous revocation or current suspension of such a license in this or any other state, district or territory of the United States or any foreign country is grounds for refusal to issue the license.

      Sec. 2.  NRS 555.2605 is hereby amended to read as follows:

      555.2605  As used in NRS 555.2605 to 555.460, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 555.261 to 555.2695, inclusive, have the meanings ascribed to them in those sections.

      Sec. 3.  NRS 555.285 is hereby amended to read as follows:

      555.285  A person shall not , for hire , engage in, offer to engage in, advertise or solicit to perform any of the following pest control activities concerning wood-destroying pests or organisms without a license issued by the Director:

      1.  Making an inspection to identify or to attempt to identify infestations or infections of households or other structures by those pests or organisms.

      2.  Making or altering inspection reports concerning the infestations or infections.

      3.  Making estimates or bids, whether written or oral, concerning the infestations or infections.

      4.  Submitting bids to perform any work involving the application of pesticides for the elimination, extermination, control or prevention of infestations or infections of those pests.

      Sec. 3.5.  NRS 555.350 is hereby amended to read as follows:

      555.350  1.  The Director may suspend, pending inquiry, for not longer than 10 days, and, after opportunity for a hearing, may revoke, suspend or modify any license issued under NRS 555.2605 to 555.460, inclusive, and section 1 of this act, if he finds that:

      (a) The licensee is no longer qualified;

      (b) The licensee has engaged in fraudulent business practices in pest control;

      (c) The licensee has made false or fraudulent claims through any media by misrepresenting the effect of materials or methods to be used;

      (d) The licensee has applied known ineffective or improper materials;

      (e) The licensee operated faulty or unsafe equipment;

      (f) The licensee has made any application in a faulty, careless or negligent manner;

      (g) The licensee has violated any of the provisions of NRS 555.2605 to 555.460, inclusive, and section 1 of this act, or regulations adopted pursuant thereto;

      (h) The licensee engaged in the business of pest control without having a licensed applicator or operator in direct on-the-job supervision;

 


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ê2007 Statutes of Nevada, Page 985 (Chapter 269, AB 228)ê

 

      (i) The licensee aided or abetted a licensed or an unlicensed person to evade the provisions of NRS 555.2605 to 555.460, inclusive, and section 1 of this act, combined or conspired with such a licensee or an unlicensed person to evade the provisions, or allowed one’s license to be used by an unlicensed person;

      (j) The licensee was intentionally guilty of fraud or deception in the procurement of his license; [or]

      (k) The licensee was intentionally guilty of fraud or deception in the issuance of an inspection report on wood-destroying pests or other report required by regulation [.] ; or

      (l) The licensee has been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving moral turpitude in any court of competent jurisdiction in the United States or any other country.

      2.  A license is suspended automatically, without action of the Director, if the proof of public liability and property damage or drift insurance filed pursuant to NRS 555.330, is cancelled, and the license remains suspended until the insurance is reestablished.

      3.  A licensee against whom the Director initiates disciplinary action to revoke, suspend or modify the license of the licensee pursuant to this section shall, within 30 days after receiving written notice of the disciplinary action from the Director, submit to the Director a complete set of his fingerprints and written permission authorizing the Director 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.  A willful failure of a licensee to comply with the requirements of subsection 3 constitutes an additional ground for the revocation, suspension or modification of the license of the licensee pursuant to this section.

      5.  The Director has additional grounds to revoke, suspend or modify a license pursuant to this section if the report from the Federal Bureau of Investigation indicates that the licensee has been convicted of a felony or crime specified in paragraph (l) of subsection 1.

      Sec. 4.  NRS 555.400 is hereby amended to read as follows:

      555.400  1.  The Director may adopt regulations to carry out the provisions of NRS 555.2605 to 555.460, inclusive, [but the] and section 1 of this act. The regulations must not be inconsistent with any regulations issued by this State or by the Federal Government relating to safety in air navigation or the operation of aircraft.

      2.  Before [issuing] adopting regulations directly relating to any matter within the jurisdiction of any other officer of this State, the Director shall consult with that officer [with reference thereto.] concerning those regulations.

      Sec. 5.  NRS 555.460 is hereby amended to read as follows:

      555.460  Any person violating the provisions of NRS 555.2605 to 555.420, inclusive, and section 1 of this act, or the regulations adopted pursuant thereto, is guilty of a misdemeanor and, in addition to any criminal penalty, shall pay to the Department an administrative fine of not more than $5,000 per violation. If an administrative fine is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the Department.

 


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ê2007 Statutes of Nevada, Page 986 (Chapter 269, AB 228)ê

 

      Sec. 6.  NRS 555.470 is hereby amended to read as follows:

      555.470  1.  The Director shall adopt regulations specifying a schedule of fines which may be imposed, upon notice and a hearing, for each violation of the provisions of NRS 555.2605 to 555.460, inclusive [.] , and section 1 of this act. The maximum fine that may be imposed by the Director for each violation must not exceed $5,000 per day. All fines collected by the Director pursuant to this subsection must be remitted to the county treasurer of the county in which the violation occurred for credit to the county school district fund.

      2.  The Director may:

      (a) In addition to imposing a fine pursuant to subsection 1, issue an order requiring a violator to take appropriate action to correct the violation; or

      (b) Request the district attorney of the appropriate county to investigate or file a criminal complaint against any person that the State Board of Agriculture suspects may have violated any provision of NRS 555.2605 to 555.460, inclusive [.] , and section 1 of this act.

      Sec. 7.  This act becomes effective on January 1, 2008.

________

 

CHAPTER 270, AB 176

Assembly Bill No. 176–Assemblymen Allen, Beers, Mabey, Kirkpatrick, Atkinson, Carpenter, Denis, Goedhart, Goicoechea, Grady, Hardy and Settelmeyer

 

Joint Sponsors: Senators Care and Titus

 

CHAPTER 270

 

AN ACT relating to property; providing for the automatic transfer of ownership of certain vehicles and motorboats to designated beneficiaries on the death of the owner of such a vehicle or motorboat; and providing other matters properly relating thereto.

 

[Approved: June 1, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides for nonprobate transfers of certain property from the owner to a named beneficiary, including, without limitation, nonprobate transfers of registered securities and securities registered in beneficiary form. (NRS 111.480-111.650) Section 1 of this bill amends chapter 482 of NRS which governs the licensing and registration of motor vehicles to provide that certain owners who hold certificates of title to registered motor vehicles, trailers or semitrailers may apply to the Department of Motor Vehicles for a certificate of title in beneficiary form which directs the Department to transfer the title to the designated beneficiary on the death of the present owner or on the deaths of all joint owners. Section 1 also provides procedures for obtaining and revoking a certificate of title in beneficiary form. In addition, section 1 specifies that a transfer of ownership made by a certificate of title in beneficiary form is not subject to the statutes generally governing probate matters.

      Section 5 of this bill similarly amends chapter 488 of NRS which governs the licensing and registration of motorboats so that certain owners who hold certificates of ownership to numbered and titled motorboats may apply to the Department of Wildlife for a certificate of ownership in beneficiary form which directs the Department to transfer the ownership to the designated beneficiary on the death of the present owner or on the deaths of all joint owners. Section 5 also provides procedures for obtaining and revoking a certificate of ownership in beneficiary form.

 


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ê2007 Statutes of Nevada, Page 987 (Chapter 270, AB 176)ê

 

for obtaining and revoking a certificate of ownership in beneficiary form. Further, section 5 exempts transfers made pursuant to such certificates of ownership from the statutes which generally govern probate matters.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The owner or joint owners of a motor vehicle, trailer or semitrailer may request the Department to issue a certificate of title in beneficiary form for the motor vehicle, trailer or semitrailer, as applicable, which includes a directive to the Department to transfer the certificate of title upon the death of the owner or upon the death of all joint owners to a beneficiary named on the face of the certificate of title.

      2.  A request made pursuant to subsection 1 must be submitted on an application made available by the Department and accompanied by the fee for the issuance of a certificate of title.

      3.  A certificate of title in beneficiary form may not be issued to a person who holds his interest in a motor vehicle, trailer or semitrailer as a tenant in common with another person.

      4.  A certificate of title in beneficiary form must include after the name of the owner or after the names of joint owners the words “transfer on death to” or the abbreviation “TOD” followed by the name of the beneficiary.

      5.  During the lifetime of a sole owner or before the death of the last surviving joint owner:

      (a) The signature or consent of the beneficiary is not required for any transaction relating to a motor vehicle, trailer or semitrailer for which a certificate of title in beneficiary form has been issued; and

      (b) The certificate of title in beneficiary form may be revoked or the beneficiary changed at any time by:

             (1) Sale of the motor vehicle, trailer or semitrailer with proper assignment and delivery of the certificate of title to another person; or

             (2) Filing an application with, and paying a fee to, the Department to reissue the certificate of title with no designation of a beneficiary or with the designation of a different beneficiary.

      6.  The interest of the beneficiary in a motor vehicle, trailer or semitrailer on the death of the sole owner or on the death of the last surviving joint owner is subject to any contract of sale, assignment or ownership or security interest to which the owner or owners of the motor vehicle, trailer or semitrailer were subject during their lifetime.

      7.  Except as otherwise provided in paragraph (b) of subsection 5, the designation of a beneficiary in a certificate of title in beneficiary form may not be changed or revoked by will, any other instrument or a change in circumstances, or otherwise changed or revoked.

      8.  The Department shall, upon:

      (a) Proof of death of one of the owners, of two or more joint owners or of a sole owner;

      (b) Surrender of the outstanding certificate of title in beneficiary form; and

      (c) Application and payment of the fee for a certificate of title,

 


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ê2007 Statutes of Nevada, Page 988 (Chapter 270, AB 176)ê

 

Ê issue a new certificate of title for the motor vehicle, trailer or semitrailer to the surviving owner or owners or, if none, to the beneficiary, subject to any security interest.

      9.  For the purposes of complying with the provisions of subsection 8, the Department may rely on a death certificate, record or report that constitutes prima facie evidence of death.

      10.  The transfer on death of a motor vehicle, trailer or semitrailer pursuant to this section is not considered as testamentary and is not subject to administration pursuant to the provisions of title 12 of NRS.

      11.  As used in this section:

      (a) “Beneficiary” means a person or persons designated to become the owner or owners of a motor vehicle, trailer or semitrailer on the death of the preceding owner or owners.

      (b) “Certificate of title in beneficiary form” means a certificate of title of a motor vehicle, trailer or semitrailer that indicates the present owner or owners of the motor vehicle, trailer or semitrailer and designates a beneficiary.

      Sec. 2.  NRS 482.245 is hereby amended to read as follows:

      482.245  1.  The certificate of registration must contain upon the face thereof the date issued, the registration number assigned to the vehicle, the name and address of the registered owner, the county where the vehicle is to be based unless it is deemed to have no base, a description of the registered vehicle and such other statement of facts as may be determined by the Department.

      2.  The certificate of title must contain upon the face thereof the date issued, the name and address of the registered owner and the owner or lienholder, if any, a description of the vehicle, any entries required by NRS 482.423 to 482.428, inclusive, a reading of the vehicle’s odometer as provided to the Department by the person making the sale or transfer, the word “rebuilt” if it is a rebuilt vehicle , the information required pursuant to subsection 3 of section 1 of this act if the certificate of title is a certificate of title in beneficiary form pursuant to section 1 of this act and such other statement of facts as may be determined by the Department. The reverse side of the certificate of title must contain forms for notice to the Department of a transfer of the title or interest of the owner or lienholder and application for registration by the transferee. If a new certificate of title is issued for a vehicle, it must contain the same information as the replaced certificate, except to the extent that the information has changed after the issuance of the replaced certificate. Except as otherwise required by federal law, the certificate of title of a vehicle which the Department knows to have been stolen must not contain any statement or other indication that the mileage specified in the certificate or registered on the odometer is anything other than the actual mileage traveled by the vehicle, in the absence of proof that the odometer of the vehicle has been disconnected, reset or altered.

      Sec. 3.  NRS 482.400 is hereby amended to read as follows:

      482.400  1.  Except as otherwise provided in this subsection and subsections 2, 5 and 6, and section 1 of this act, upon a transfer of the title to, or the interest of an owner in, a vehicle registered or issued a certificate of title under the provisions of this chapter, the person or persons whose title or interest is to be transferred and the transferee shall write their signatures with pen and ink upon the certificate of title issued for the vehicle, together with the residence address of the transferee, in the appropriate spaces provided upon the reverse side of the certificate.

 


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ê2007 Statutes of Nevada, Page 989 (Chapter 270, AB 176)ê

 

upon the reverse side of the certificate. The Department may, by regulation, prescribe alternative methods by which a signature may be affixed upon a manufacturer’s certificate of origin or a manufacturer’s statement of origin issued for a vehicle. The alternative methods must ensure the authenticity of the signatures.

      2.  The Department shall provide a form for use by a dealer for the transfer of ownership of a vehicle. The form must be produced in a manner which ensures that the form may not be easily counterfeited. Upon the attachment of the form to a certificate of title issued for a vehicle, the form becomes a part of that certificate of title. The Department may charge a fee not to exceed the cost to provide the form.

      3.  Except as otherwise provided in subsections 4, 5 and 6, the transferee shall immediately apply for registration as provided in NRS 482.215 and shall pay the governmental services taxes due.

      4.  If the transferee is a dealer who intends to resell the vehicle, he is not required to register, pay a transfer or registration fee for, or pay a governmental services tax on the vehicle. When the vehicle is resold, the purchaser shall apply for registration as provided in NRS 482.215 and shall pay the governmental services taxes due.

      5.  If the transferee consigns the vehicle to a wholesale vehicle auctioneer:

      (a) The transferee shall, within 30 days after that consignment, provide the wholesale vehicle auctioneer with the certificate of title for the vehicle, executed as required by subsection 1, and any other documents necessary to obtain another certificate of title for the vehicle.

      (b) The wholesale vehicle auctioneer shall be deemed a transferee of the vehicle for the purposes of subsection 4. The wholesale vehicle auctioneer is not required to comply with subsection 1 if he:

             (1) Does not take an ownership interest in the vehicle;

             (2) Auctions the vehicle to a vehicle dealer or automobile wrecker who is licensed as such in this or any other state; and

             (3) Stamps his name, his identification number as a vehicle dealer and the date of the auction on the certificate of title and the bill of sale and any other documents of transfer for the vehicle.

      6.  A charitable organization which intends to sell a vehicle which has been donated to the organization must deliver immediately to the Department or its agent the certificate of registration and the license plate or plates for the vehicle, if the license plate or plates have not been removed from the vehicle. The charitable organization must not be required to register, pay a transfer or registration fee for, or pay a governmental services tax on the vehicle. When the vehicle is sold by the charitable organization, the purchaser shall apply for registration as provided in NRS 482.215 and pay the governmental services taxes due.

      7.  As used in this section, “wholesale vehicle auctioneer” means a dealer who:

      (a) Is engaged in the business of auctioning consigned motor vehicles to vehicle dealers or automobile wreckers, or both, who are licensed as such in this or any other state; and

      (b) Does not in the ordinary course of his business buy, sell or own the vehicles he auctions.

 


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ê2007 Statutes of Nevada, Page 990 (Chapter 270, AB 176)ê

 

      Sec. 4.  NRS 482.420 is hereby amended to read as follows:

      482.420  1.  Except as otherwise provided in subsection 2, in the event of the transfer by operation of law of the title or interest of an owner in and to a vehicle as upon inheritance, devise or bequest, order in bankruptcy or insolvency, execution sale, repossession upon default in performing the terms of a lease or executory sales contract, transfer on death pursuant to section 1 of this act, or otherwise, the registration thereof [shall expire] expires and the vehicle [shall] must not be operated upon the highways until and unless the person entitled thereto shall apply for and obtain the registration thereof.

      2.  An administrator, executor, trustee or other representative of the owner, or a sheriff or other officer, or any person repossessing the vehicle under the terms of a conditional sales contract, lease [,] or other security agreement, or the assignee or legal representative of any such person, may operate or cause to be operated any vehicle upon the highways for a distance [of not exceeding] not to exceed 75 miles from the place of repossession or place where formerly kept by the owner to a garage, warehouse or other place of keeping or storage, either upon displaying upon such vehicle the number plate issued to the former owner or without a number plate attached thereto but under written permission first obtained from the Department or the local police authorities having jurisdiction over such highways, and upon displaying in plain sight a placard bearing the name and address of the person authorizing and directing such movement and plainly readable from a distance of 100 feet during daylight.

      Sec. 5.  Chapter 488 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The owner or joint owners of a motorboat may request the Department to issue a certificate of ownership in beneficiary form for the motorboat which includes a directive to the Department to transfer the certificate of ownership upon the death of the owner or upon the death of all joint owners to a beneficiary named on the face of the certificate of ownership.

      2.  A request made pursuant to subsection 1 must be submitted on an application made available by the Department and accompanied by the fee for the issuance of a certificate of ownership.

      3.  A certificate of ownership in beneficiary form may not be issued to a person who holds his interest in a motorboat as a tenant in common with another person.

      4.  A certificate of ownership in beneficiary form must include after the name of the owner, or after the names of joint owners, the words “transfer on death to” or the abbreviation “TOD” followed by the name of the beneficiary.

      5.  During the lifetime of a sole owner or before the death of the last surviving joint owner:

      (a) The signature or consent of the beneficiary is not required for any transaction relating to a motorboat for which a certificate of ownership in beneficiary form has been issued; and

      (b) The certificate of ownership in beneficiary form may be revoked or the beneficiary changed at any time by:

             (1) Sale of the motorboat with proper assignment and delivery of the certificate of ownership to another person; or

 


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ê2007 Statutes of Nevada, Page 991 (Chapter 270, AB 176)ê

 

             (2) Filing an application with, and paying a fee to, the Department to reissue the certificate of ownership with no designation of a beneficiary or with the designation of a different beneficiary.

      6.  The interest of the beneficiary in a motorboat on the death of the sole owner or on the death of the last surviving joint owner is subject to any contract of sale, assignment or ownership or security interest to which the owner or owners of the motorboat were subject during their lifetime.

      7.  Except as otherwise provided in paragraph (b) of subsection 5, the designation of a beneficiary in a certificate of ownership in beneficiary form may not be changed or revoked by will, any other instrument or a change in circumstances, or otherwise changed or revoked.

      8.  The Department shall, upon:

      (a) Proof of death of one of the owners, of two or more joint owners or of a sole owner;

      (b) Surrender of the outstanding certificate of ownership in beneficiary form; and

      (c) Application and payment of the fee for a certificate of ownership,

Ê issue a new certificate of ownership for the motorboat to the surviving owner or owners or, if none, to the beneficiary, subject to any security interest.

      9.  For the purposes of complying with the provisions of subsection 8, the Department may rely on a death certificate, record or report that constitutes prima facie evidence of death.

      10.  The transfer on death of a motorboat pursuant to this section is not considered as testamentary and is not subject to administration pursuant to the provisions of title 12 of NRS.

      11.  As used in this section:

      (a) “Beneficiary” means a person or persons designated to become the owner or owners of a motorboat on the death of the preceding owner or owners.

      (b) “Certificate of ownership in beneficiary form” means a certificate of ownership of a motorboat that indicates the present owner or owners of the motorboat and designates a beneficiary.

      Sec. 6.  NRS 488.1793 is hereby amended to read as follows:

      488.1793  Except as otherwise provided for the creation or transfer of a security interest [,] or the transfer on death of a certificate of ownership pursuant to section 5 of this act, no transfer of title to or any interest in any motorboat required to be numbered under this chapter is effective until one of the following conditions is fulfilled:

      1.  The transferor has properly endorsed and delivered the certificate of ownership and has delivered the certificate of number to the transferee as provided in this chapter, and the transferee has, within the prescribed time, delivered the documents to the Department or placed them in the United States mail addressed to the Department with the transfer fee.

      2.  The transferor has delivered to the Department or placed in the United States mail addressed to the Department the appropriate documents for the transfer of ownership pursuant to the sale or transfer.

      Sec. 7.  NRS 488.1801 is hereby amended to read as follows:

      488.1801  [Any] Except for transfers to a beneficiary pursuant to the provisions of section 5 of this act, any owner of any motorboat numbered under this chapter who sells or transfers his title or any interest in the motorboat shall within 10 days notify the Department of the sale or transfer and furnish the following information:

 


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ê2007 Statutes of Nevada, Page 992 (Chapter 270, AB 176)ê

 

under this chapter who sells or transfers his title or any interest in the motorboat shall within 10 days notify the Department of the sale or transfer and furnish the following information:

      1.  The name and address of the legal owner and transferee; and

      2.  Such description of the motorboat as may be required by the Department.

      Sec. 8.  NRS 488.1807 is hereby amended to read as follows:

      488.1807  [Upon] Except for transfers to a beneficiary pursuant to the provisions of section 5 of this act, upon transfer of the title or any interest of any legal owner in any motorboat numbered under this chapter, the transferor shall write his signature, and the transferee shall write his signature and address, in the appropriate spaces provided upon the reverse side of the certificate of ownership issued for such motorboat.

      Sec. 9.  This act becomes effective on January 31, 2008.

________

 

CHAPTER 271, AB 120

Assembly Bill No. 120–Committee on Government Affairs

 

CHAPTER 271

 

AN ACT relating to land use planning; revising the notice requirements for proposals to vacate certain rights-of-way or easements; providing requirements for notice to certain public utilities and television companies regarding proposals to abandon or vacate certain streets; requiring cities and counties to reserve and convey certain easements; and providing other matters properly relating thereto.

 

[Approved: June 1, 2007]

 

Legislative Counsel’s Digest:

      This bill changes the method by which a city or county that proposes to vacate a right-of-way or easement owned by the city or county, which right-of-way or easement is required for a public purpose, must notify each owner of property abutting the proposed abandonment. This bill requires such notice to be made in a manner that provides confirmation of delivery but does not require the signature of the recipient. (NRS 278.480) This bill also requires a city or county to provide notice to certain public utilities and community antenna television companies before vacating or abandoning a street, and to reserve and convey an easement to the utility or television company if the utility or television company so requests. (NRS 278.480)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 278.480 is hereby amended to read as follows:

      278.480  1.  Except as otherwise provided in subsection 11, any abutting owner or local government desiring the vacation or abandonment of any street or easement owned by a city or a county, or any portion thereof, shall file a petition in writing with the planning commission or the governing body having jurisdiction.

      2.  The governing body may establish by ordinance a procedure by which, after compliance with the requirements for notification of public hearing set forth in this section, a vacation or abandonment of a street or an easement may be approved in conjunction with the approval of a tentative map pursuant to NRS 278.349.

 


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ê2007 Statutes of Nevada, Page 993 (Chapter 271, AB 120)ê

 

hearing set forth in this section, a vacation or abandonment of a street or an easement may be approved in conjunction with the approval of a tentative map pursuant to NRS 278.349.

      3.  A government patent easement which is no longer required for a public purpose may be vacated by:

      (a) The governing body; or

      (b) The planning commission, hearing examiner or other designee, if authorized to take final action by the governing body,

Ê without conducting a hearing on the vacation if the applicant for the vacation obtains the written consent of each owner of property abutting the proposed vacation and any utility that is affected by the proposed vacation.

      4.  Except as otherwise provided in subsection 3, if any right-of-way or easement required for a public purpose that is owned by a city or a county is proposed to be vacated, the governing body, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, shall [notify by certified mail] , not less than 10 business days before the public hearing described in subsection 5:

      (a) Notify each owner of property abutting the proposed abandonment . [and cause] Such notice must be provided by mail pursuant to a method that provides confirmation of delivery and does not require the signature of the recipient.

      (b) Cause a notice to be published at least once in a newspaper of general circulation in the city or county, setting forth the extent of the proposed abandonment and setting a date for public hearing . [, which must be not less than 10 days and not more than 40 days after the date the notice is first published.]

      5.  Except as otherwise provided in subsection 6, if, upon public hearing, the governing body, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, is satisfied that the public will not be materially injured by the proposed vacation, it shall order the street or easement vacated. The governing body, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, may make the order conditional, and the order becomes effective only upon the fulfillment of the conditions prescribed. An applicant or other person aggrieved by the decision of the planning commission, hearing examiner or other designee may appeal the decision in accordance with the ordinance adopted pursuant to NRS 278.3195.

      6.  [If a utility has an easement over the property,] In addition to any other applicable requirements set forth in this section, before vacating or abandoning a street, the governing body [,] of the local government having jurisdiction over the street, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, shall provide [in its order for the continuation of that easement.] each public utility and community antenna television company serving the affected area with written notice that a petition has been filed requesting the vacation or abandonment of the street. After receiving the written notice, the public utility or community antenna television company, as applicable, shall respond in writing, indicating either that the public utility or community antenna television company, as applicable, does not require an easement or that the public utility or community antenna television company, as applicable, wishes to request the reservation of an easement.

 


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ê2007 Statutes of Nevada, Page 994 (Chapter 271, AB 120)ê

 

If a public utility or community antenna television company indicates in writing that it wishes to request the reservation of an easement, the governing body of the local government having jurisdiction over the street that is proposed to be vacated or abandoned, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, shall reserve and convey an easement in favor of the public utility or community antenna television company, as applicable, and shall ensure that such easement is recorded in the office of the county recorder.

      7.  The order must be recorded in the office of the county recorder, if all the conditions of the order have been fulfilled, and upon the recordation, title to the street or easement reverts to the abutting property owners in the approximate proportion that the property was dedicated by the abutting property owners or their predecessors in interest. In the event of a partial vacation of a street where the vacated portion is separated from the property from which it was acquired by the unvacated portion of it, the governing body may sell the vacated portion upon such terms and conditions as it deems desirable and in the best interests of the city or county. If the governing body sells the vacated portion, it shall afford the right of first refusal to each abutting property owner as to that part of the vacated portion which abuts his property, but no action may be taken by the governing body to force the owner to purchase that portion and that portion may not be sold to any person other than the owner if the sale would result in a complete loss of access to a street from the abutting property.

      8.  If the street was acquired by dedication from the abutting property owners or their predecessors in interest, no payment is required for title to the proportionate part of the street reverted to each abutting property owner. If the street was not acquired by dedication, the governing body may make its order conditional upon payment by the abutting property owners for their proportionate part of the street of such consideration as the governing body determines to be reasonable. If the governing body determines that the vacation has a public benefit, it may apply the benefit as an offset against a determination of reasonable consideration which did not take into account the public benefit.

      9.  If an easement for light and air owned by a city or a county is adjacent to a street vacated pursuant to the provisions of this section, the easement is vacated upon the vacation of the street.

      10.  In any vacation or abandonment of any street owned by a city or a county, or any portion thereof, the governing body, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, may reserve and except therefrom all easements, rights or interests therein which the governing body, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, deems desirable for the use of the city [, the county or any public utility.] or county.

      11.  The governing body may establish by local ordinance a simplified procedure for the vacation or abandonment of an easement for a public utility owned or controlled by the governing body.

      12.  As used in this section [, “government] :

      (a) “Community antenna television company” has the meaning ascribed to it in NRS 711.030.

 


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ê2007 Statutes of Nevada, Page 995 (Chapter 271, AB 120)ê

 

      (b) “Government patent easement” means an easement for a public purpose owned by the governing body over land which was conveyed by a patent.

      (c) “Public utility” has the meaning ascribed to it in NRS 360.815.

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

________

 

CHAPTER 272, AB 137

Assembly Bill No. 137–Assemblyman Oceguera

 

CHAPTER 272

 

AN ACT relating to crimes; increasing the penalty for certain crimes concerning acts of terrorism; making it a crime to deliver a hoax substance that appears to be a weapon of mass destruction or appears to be certain dangerous substances; providing penalties; and providing other matters properly relating thereto.

 

[Approved: June 1, 2007]

 

Legislative Counsel’s Digest:

      Existing law makes it a category B felony to engage in certain acts of terrorism. (NRS 202.448) Section 5 of this bill increases the penalty for engaging in such acts of terrorism from imprisonment for a minimum term of 1 year and a maximum term of 6 years to a minimum term of 2 years and a maximum term of 20 years. Section 3 of this bill creates a new crime for delivering a “hoax substance” which is any item that to a reasonable person appears to be a weapon of mass destruction, biological agent, chemical agent, radioactive agent or other lethal agent, any toxin or any delivery system for use as a weapon.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 202 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  “Hoax substance” means any item that appears to a reasonable person to be a weapon of mass destruction, biological agent, chemical agent, radioactive agent or other lethal agent, any toxin or any delivery system for use as a weapon.

      Sec. 3.  1.  A person shall not, through the use of any means of delivery, including, without limitation, mail, package delivery services, mail couriers or drop payment boxes, disperse or cause to be dispersed any hoax substance with the intent to:

      (a) Injure, intimidate, alarm or cause mental anguish to any person, whether or not any person is actually injured, intimidated, alarmed or caused mental anguish thereby;

      (b) Cause any reasonable person to believe that the person was contaminated by or exposed to a biological agent, chemical agent, radioactive agent or other lethal agent, any toxin or any nuclear or explosive substance;

 


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ê2007 Statutes of Nevada, Page 996 (Chapter 272, AB 137)ê

 

      (c) Cause panic or civil unrest, whether or not such panic or civil unrest actually occurs;

      (d) Extort or profit thereby, whether or not the extortion is actually successful or any profit actually occurs; or

      (e) Interfere with the operations of or cause economic or other damage to any person or business, whether or not such interference or damage actually occurs.

      2.  Except as otherwise provided in subsection 3, a person who violates any provision of subsection 1 is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      3.  Unless a greater penalty is provided by specific statute, if a person violates any provision of subsection 1 and the violation proximately causes the death of, or substantial bodily harm to, any other person, the person is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $5,000.

      4.  In addition to any other penalty, the court shall order a person who violates any provision of subsection 1 to pay restitution to any public agency for any expenses of a response to a hoax substance that arise from the violation.

      5.  As used in this section:

      (a) “Expenses of a response to a hoax substance” includes, without limitation, the reasonable costs incurred by a public agency in making an appropriate response to or investigation of a hoax substance, including, without limitation, the salary or wages of any person responding to or investigating a hoax substance, the deemed wages of any volunteer of a public agency participating in the response or investigation, the costs for use or operation of any equipment and the costs for the use or expenditure of any resources, fuel or other materials.

      (b) “Public agency” means an agency, bureau, board, commission, department or division of the State of Nevada or a political subdivision of the State of Nevada that provides police, fire-fighting, rescue or emergency medical services.

      Sec. 4.  NRS 202.441 is hereby amended to read as follows:

      202.441  As used in NRS 202.441 to 202.448, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 202.4415 to 202.4445, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 5.  NRS 202.448 is hereby amended to read as follows:

      202.448  1.  A person shall not, through the use of any means of oral, written or electronic communication, knowingly make any threat or convey any false information concerning an act of terrorism or the presence, development, manufacture, production, assemblage, transfer, transportation, acquisition, retention, storage, testing, possession, delivery, dispersion, release, discharge or use of any weapon of mass destruction, any biological agent, chemical agent, radioactive agent or other lethal agent or any toxin with the intent to:

      (a) Injure, intimidate or alarm any person, whether or not any person is actually injured, intimidated or alarmed thereby;

      (b) Cause panic or civil unrest, whether or not such panic or civil unrest actually occurs;

 


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ê2007 Statutes of Nevada, Page 997 (Chapter 272, AB 137)ê

 

      (c) Extort or profit thereby, whether or not the extortion is actually successful or any profit actually occurs; or

      (d) Interfere with the operations of or cause economic or other damage to any person or any officer, agency, board, bureau, commission, department, division or other unit of federal, state or local government, whether or not such interference or damage actually occurs.

      2.  A person who violates any provision of subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than [1 year] 2 years and a maximum term of not more than [6] 20 years, and may be further punished by a fine of not more than $5,000.

      3.  The provisions of this section do not apply to any act that is committed in a lawful manner and in the course of a lawful business, event or activity.

________

 

CHAPTER 273, AB 101

Assembly Bill No. 101–Committee on Government Affairs

 

CHAPTER 273

 

AN ACT relating to the Commission on Tourism; amending the membership of the Commission; making certain ex officio nonvoting members of the Commission voting members; and providing other matters properly relating thereto.

 

[Approved: June 1, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, the Commission on Tourism is comprised of the Lieutenant Governor, eight members who are appointed by the Governor and three ex officio nonvoting members who are the chief administrative officers of the county fair and recreation boards or, if there are no county fair and recreation boards, the chairmen of the boards of county commissioners, of the three counties that paid the largest amount of the proceeds from the tax on transient lodging for credit to the Fund for the Promotion of Tourism. (NRS 231.170, 231.250) Section 2 of this bill reduces the number of ex officio nonvoting members on the Commission from three to two (the overall membership of the Commission is therefore reduced from twelve to eleven) and makes those members voting members of the Commission.

      Section 3 of this bill increases the number of members of the Commission required to constitute a quorum from four members to six members as a result of the increased number of voting members on the Commission. (NRS 231.180)

      Section 4 of this bill clarifies that only the appointed members of the Commission are entitled to a salary for their attendance at meetings of the Commission. (NRS 231.190)

      Sections 1 and 5-12 of this bill change the title of the “Executive Director” of the Commission to the “Director” for the purpose of conformance to existing usage.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 231.015 is hereby amended to read as follows:

      231.015  1.  The Interagency Committee for Coordinating Tourism and Economic Development is hereby created. The Committee consists of the Governor, who is its Chairman, the Lieutenant Governor, who is its Vice Chairman, the [Executive] Director of the Commission on Tourism, the Executive Director of the Commission on Economic Development and such other members as the Governor may from time to time appoint.

 


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ê2007 Statutes of Nevada, Page 998 (Chapter 273, AB 101)ê

 

Governor, who is its Chairman, the Lieutenant Governor, who is its Vice Chairman, the [Executive] Director of the Commission on Tourism, the Executive Director of the Commission on Economic Development and such other members as the Governor may from time to time appoint. The appointed members of the Committee serve at the pleasure of the Governor.

      2.  The Committee shall meet at the call of the Governor.

      3.  The Committee shall:

      (a) Identify the strengths and weaknesses in state and local governmental agencies which enhance or diminish the possibilities of tourism and economic development in this State.

      (b) Foster coordination and cooperation among state and local governmental agencies, and enlist the cooperation and assistance of federal agencies, in carrying out the policies and programs of the Commission on Tourism and the Commission on Economic Development.

      (c) Formulate cooperative agreements between the Commission on Tourism or the Commission on Economic Development, and state and other public agencies pursuant to the Interlocal Cooperation Act, so that each of those commissions may receive applications from and, as appropriate, give governmental approval for necessary permits and licenses to persons who wish to promote tourism, develop industry or produce motion pictures in this State.

      4.  The Governor may from time to time establish regional or local subcommittees to work on regional or local problems of economic development or the promotion of tourism.

      Sec. 2.  NRS 231.170 is hereby amended to read as follows:

      231.170  1.  The Commission on Tourism is composed of [the] 11 voting members as follows:

      (a) The Lieutenant Governor, who is its Chairman [, and eight] ;

      (b) Eight members , [who are] appointed by the Governor , [.

      2.  The Governor shall appoint as members of the Commission persons] who are informed on and have experience in travel and tourism, including the business of gaming [.

      3.] ; and

      (c) The chief administrative officers of the county fair and recreation boards or, if there is no county fair and recreation board in the county, the chairman of the board of county commissioners, of the [three] two counties that paid the largest amount of the proceeds from the taxes imposed on the revenue from the rental of transient lodging to the Department of Taxation for deposit with the State Treasurer for credit to the Fund for the Promotion of Tourism created by NRS 231.250 for the previous fiscal year . [are ex officio but nonvoting members of the Commission.]

      2.  A change in any member of the Commission who serves pursuant to [the provisions of this] paragraph (c) of subsection 1 that is required because of a change in the amount of the proceeds paid to the Department of Taxation by each county must be effective on January 1 of the calendar year immediately following the fiscal year in which the proceeds were paid to the Department of Taxation.

      [4.  In addition to the appointments made]

      3.  Of the members appointed by the Governor pursuant to paragraph (b) of subsection [3, the Governor shall appoint:] 1:

      (a) At least one member [who is] must be a resident of [Clark County.] a county whose population is 400,000 or more.

 


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ê2007 Statutes of Nevada, Page 999 (Chapter 273, AB 101)ê

 

      (b) At least one member [who is] must be a resident of [Washoe County.] a county whose population is 100,000 or more but less than 400,000.

      (c) At least two members [who are] must be residents of counties whose population is less than 100,000 . [or less.]

      (d) [One member who is] Four members must be [a resident] residents of any county in this State.

      Sec. 3.  NRS 231.180 is hereby amended to read as follows:

      231.180  1.  The Commission on Tourism shall meet once each calendar quarter, or at more frequent times if it deems necessary, and may, within the limitations of its budget, hold special meetings at the call of the Chairman or a majority of the members.

      2.  The [Executive] Director is the Secretary of the Commission.

      3.  The Commission shall prescribe rules for its own management and government.

      4.  [Four] Six members of the Commission constitute a quorum . [, but a majority of the members of the Commission are required to exercise the power conferred on the Commission.]

      5.  The Governor may remove [a] an appointed member from the Commission if the member neglects his duty or commits malfeasance in office.

      Sec. 4.  NRS 231.190 is hereby amended to read as follows:

      231.190  Each appointed member of the Commission on Tourism is entitled to receive a salary of $80 for each day’s attendance at a meeting of the Commission.

      Sec. 5.  NRS 231.210 is hereby amended to read as follows:

      231.210  The [Executive] Director of the Commission on Tourism:

      1.  Must be appointed by the Governor from a list of three persons submitted to him by the Commission.

      2.  Is responsible to the Commission and serves at its pleasure.

      3.  Shall, except as otherwise provided in NRS 284.143, devote his entire time to the duties of his office, and he shall not follow any other gainful employment or occupation.

      Sec. 6.  NRS 231.220 is hereby amended to read as follows:

      231.220  The [Executive] Director of the Commission on Tourism shall direct and supervise all its administrative and technical activities, including coordinating its plans for tourism and publications, scheduling its programs, analyzing the effectiveness of those programs and associated expenditures, and cooperating with other governmental agencies which have programs related to travel and tourism. In addition to other powers and duties, the [Executive] Director:

      1.  Shall attend all meetings of the Commission and act as its Secretary, keeping minutes and audio recordings or transcripts of its proceedings.

      2.  Shall report regularly to the Commission concerning the administration of its policies and programs.

      3.  Shall serve as the Director of the Division of Tourism.

      4.  Shall appoint the Administrator of the Division of Publications.

      5.  May perform any other lawful acts which he considers necessary to carry out the provisions of NRS 231.160 to 231.360, inclusive.

      Sec. 7.  NRS 231.230 is hereby amended to read as follows:

      231.230  1.  The Commission on Tourism through its [Executive] Director may:

 


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ê2007 Statutes of Nevada, Page 1000 (Chapter 273, AB 101)ê

 

      (a) Employ such professional, technical, clerical and operational employees as the operation of the Commission may require; and

      (b) Employ such experts, researchers and consultants and enter into such contracts with any public or private entities as may be necessary to carry out the provisions of NRS 231.160 to 231.360, inclusive.

      2.  The [Executive] Director and all other nonclerical employees of the Commission are in the unclassified service of the State.

      3.  The clerical employees of the Commission are in the classified service of the State.

      Sec. 8.  NRS 231.240 is hereby amended to read as follows:

      231.240  1.  The [Executive] Director of the Commission on Tourism may charge reasonable fees for materials prepared for distribution.

      2.  All such fees must be deposited with the State Treasurer for credit to the Commission. The fees must first be expended exclusively for materials and labor incident to preparing and printing those materials for distribution. Any remaining fees may be expended, in addition to any other money appropriated, for the support of the Commission.

      Sec. 9.  NRS 231.300 is hereby amended to read as follows:

      231.300  In performing their duties, the [Executive] Director of the Commission on Tourism and the Administrator of the Division of Publications shall not interfere with the functions of any other state agencies, but those agencies shall, from time to time, on reasonable request, furnish the [Executive] Director and Administrator with data and other information from their records bearing on the objectives of the Commission and its divisions. The [Executive] Director and Administrator shall avail themselves of records and assistance of such other state agencies as might make a contribution to the work of the Commission.

      Sec. 10.  NRS 235.012 is hereby amended to read as follows:

      235.012  1.  The Director, after consulting with the [Executive] Director of the Commission on Tourism, the Administrator of the Division of Museums and History of the Department of Cultural Affairs and the Administrator of the Division of Minerals of the Commission on Mineral Resources, may contract with a mint to produce medallions made of gold, silver, platinum or nonprecious metals and bars made of gold, silver or platinum.

      2.  The decision of the Director to award a contract to a particular mint must be based on the ability of the mint to:

      (a) Provide a product of the highest quality;

      (b) Advertise and market the product properly, including the promotion of museums and tourism in this State; and

      (c) Comply with the requirements of the contract.

      3.  The Director shall award the contract to the lowest responsible bidder, except that if in his judgment no satisfactory bid has been received, he may reject all bids.

      4.  All bids for the contract must be solicited in the manner prescribed in NRS 333.310 and comply with the provisions of NRS 333.330.

      Sec. 11.  NRS 235.014 is hereby amended to read as follows:

      235.014  1.  The ore used to produce a medallion or bar must be mined in Nevada, if the ore is available. If it is not available, ore newly mined in the United States may be used. Each medallion or bar made of gold, silver or platinum must be 0.999 fine. Additional series of medallions made of gold, silver or platinum at degrees of fineness of 0.900 or greater may be approved by the Director with the concurrence of the Interim Finance Committee.

 


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ê2007 Statutes of Nevada, Page 1001 (Chapter 273, AB 101)ê

 

by the Director with the concurrence of the Interim Finance Committee. The degree of fineness of the materials used must be clearly indicated on each medallion.

      2.  Medallions may be minted in weights of 1 ounce, 0.5 ounce, 0.25 ounce and 0.1 ounce.

      3.  Bars may be minted in weights of 1 ounce, 5 ounces, 10 ounces and 100 ounces.

      4.  Each medallion must bear on its obverse The Great Seal of the State of Nevada and on its reverse a design selected by the Director, in consultation with the [Executive] Director of the Commission on Tourism, the Administrator of the Division of Museums and History of the Department of Cultural Affairs and the Administrator of the Division of Minerals of the Commission on Mineral Resources.

      Sec. 12.  NRS 408.210 is hereby amended to read as follows:

      408.210  1.  The Director may restrict the use of, or close, any highway whenever he considers the closing or restriction of use necessary:

      (a) For the protection of the public.

      (b) For the protection of such highway from damage during storms or during construction, reconstruction, improvement or maintenance operations thereon.

      (c) To promote economic development or tourism in the best interest of the State or upon the written request of the Executive Director of the Commission on Economic Development or the Director of the Commission on Tourism.

      2.  The Director may:

      (a) Divide or separate any highway into separate roadways, wherever there is particular danger to the traveling public of collisions between vehicles proceeding in opposite directions or from vehicular turning movements or cross-traffic, by constructing curbs, central dividing sections or other physical dividing lines, or by signs, marks or other devices in or on the highway appropriate to designate the dividing line.

      (b) Lay out and construct frontage roads on and along any highway or freeway and divide and separate any such frontage road from the main highway or freeway by means of curbs, physical barriers or by other appropriate devices.

      3.  The Director may remove from the highways any unlicensed encroachment which is not removed, or the removal of which is not commenced and thereafter diligently prosecuted, within 5 days after personal service of notice and demand upon the owner of the encroachment or his agent. In lieu of personal service upon that person or his agent, service of the notice may also be made by registered or certified mail and by posting, for a period of 5 days, a copy of the notice on the encroachment described in the notice. Removal by the Department of the encroachment on the failure of the owner to comply with the notice and demand gives the Department a right of action to recover the expense of the removal, cost and expenses of suit, and in addition thereto the sum of $100 for each day the encroachment remains beyond 5 days after the service of the notice and demand.

      4.  If the Director determines that the interests of the Department are not compromised by a proposed or existing encroachment, he may issue a license to the owner or his agent permitting an encroachment on the highway. Such a license is revocable and must provide for relocation or removal of the encroachment in the following manner. Upon notice from the Director to the owner of the encroachment or his agent, the owner or agent may propose a time within which he will relocate or remove the encroachment as required.

 


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ê2007 Statutes of Nevada, Page 1002 (Chapter 273, AB 101)ê

 

Director to the owner of the encroachment or his agent, the owner or agent may propose a time within which he will relocate or remove the encroachment as required. If the Director and the owner or his agent agree upon such a time, the Director shall not himself remove the encroachment unless the owner or his agent has failed to do so within the time agreed. If the Director and the owner or his agent do not agree upon such a time, the Director may remove the encroachment at any time later than 30 days after the service of the original notice upon the owner or his agent. Service of notice may be made in the manner provided by subsection 3. Removal of the encroachment by the Director gives the Department the right of action provided by subsection 3, but the penalty must be computed from the expiration of the agreed period or 30-day period, as the case may be.

      Sec. 13.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 274, AB 147

Assembly Bill No. 147–Committee on Health and Human Services

 

CHAPTER 274

 

AN ACT relating to the protection of children; prohibiting a person who takes a child into protective custody from placing the child in a child care institution under certain circumstances; requiring a court to establish a plan with an agency which provides child welfare services for the transfer of a child who has been placed in a child care institution to another placement under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: June 1, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides for a child to be removed from his home and placed into protective custody in certain circumstances. When the child is removed, he may be placed in a hospital or a shelter, which may include a foster home or other home or facility. (NRS 432B.390) Section 1 of this bill provides that a child placed in protective custody who is under the age of 3 years may not be placed in a child care institution unless appropriate foster care is unavailable in the county in which the child resides, the child requires medical services that cannot be provided at any other placement or it is necessary to avoid separating siblings. Section 6 of this bill amends section 1 to provide that on and after January 1, 2009, this prohibition applies to any child under the age of 6 years. Sections 3 and 4 of this bill further require the court to establish whether a child under the age of 3 years has been placed in such a child care institution in violation of statute and, if so, to prepare a plan with the agency which provides child welfare services to have the child moved to a different placement. (NRS 432B.480, 432B.510) Section 1 also requires the Director of the Department of Health and Human Services to submit an annual report to the Legislature concerning any child under the age of 3 years who was placed in a child care institution during the previous 12 months. Section 6 of this bill amends section 1 to provide that the report applies to children under the age of 6 years.

 


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ê2007 Statutes of Nevada, Page 1003 (Chapter 274, AB 147)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 432B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An employee of an agency which provides child welfare services or its designee, an agent or officer of a law enforcement agency, an officer of a local juvenile probation department or the local department of juvenile services or any other person who places a child in protective custody pursuant to this chapter:

      (a) Except as otherwise provided in subsection 2, shall not transfer a child who is under the age of 3 years to, or place such a child in, a child care institution unless appropriate foster care is not available at the time of placement in the county in which the child resides; and

      (b) Shall make all reasonable efforts to place siblings in the same location.

      2.  A child under the age of 3 years may be placed in a child care institution:

      (a) If the child requires medical services and such medical services could not be provided at any other placement; or

      (b) If necessary to avoid separating siblings.

      3.  If a child is transferred to or placed in a child care institution in violation of subsection 1, the agency which provides child welfare services that is responsible for the child shall immediately notify the Director of the Department of Health and Human Services and shall move the child to another placement as soon as possible.

      4.  The Director of the Department shall, on or before January 1 of each year, submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a written report concerning any child under the age of 3 years who was placed in a child care institution during the previous 12 months. Such a report must include, without limitation:

      (a) An explanation of the situation that required the transfer of the child to or placement of the child in a child care institution;

      (b) A summary of any actions that were taken to ensure the health, welfare and safety of the child; and

      (c) The length of time that the child was required to remain in the child care institution.

Ê The Director of the Legislative Counsel Bureau shall cause such report to be made available to each Senator and Assemblyman.

      5.  As used in this section, “child care institution”:

      (a) Means any type of home or facility that:

             (1) Provides care and shelter during the day and night to 16 or more children who are in protective custody of an agency which provides child welfare services; or

             (2) Provides care and shelter during the day and night, through the use of caregivers who work in shifts, to children who are in protective custody of an agency which provides child welfare services.

      (b) Does not include a home or facility that provides medical services to children.

 


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

ê2007 Statutes of Nevada, Page 1004 (Chapter 274, AB 147)ê

 

      Sec. 2.  NRS 432B.390 is hereby amended to read as follows:

      432B.390  1.  An agent or officer of a law enforcement agency, an officer of the local juvenile probation department or the local department of juvenile services, or a designee of an agency which provides child welfare services:

      (a) May place a child in protective custody without the consent of the person responsible for the child’s welfare if he has reasonable cause to believe that immediate action is necessary to protect the child from injury, abuse or neglect.

      (b) Shall place a child in protective custody upon the death of a parent of the child, without the consent of the person responsible for the welfare of the child, if the agent, officer or designee has reasonable cause to believe that the death of the parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018.

      2.  When an agency which provides child welfare services receives a report pursuant to subsection 2 of NRS 432B.630, a designee of the agency which provides child welfare services shall immediately place the child in protective custody.

      3.  If there is reasonable cause to believe that the death of a parent of a child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018, a protective custody hearing must be held pursuant to NRS 432B.470, whether the child was placed in protective custody or with a relative. If an agency other than an agency which provides child welfare services becomes aware that there is reasonable cause to believe that the death of a parent of a child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018, that agency shall immediately notify the agency which provides child welfare services and a protective custody hearing must be scheduled.

      4.  An agency which provides child welfare services shall request the assistance of a law enforcement agency in the removal of a child if the agency has reasonable cause to believe that the child or the person placing the child in protective custody may be threatened with harm.

      5.  Before taking a child for placement in protective custody, the person taking the child shall show his identification to any person who is responsible for the child and is present at the time the child is taken. If a person who is responsible for the child is not present at the time the child is taken, the person taking the child shall show his identification to any other person upon request. The identification required by this subsection must be a single card that contains a photograph of the person taking the child and identifies him as a person authorized pursuant to this section to place a child in protective custody.

      6.  A child placed in protective custody pending an investigation and a hearing held pursuant to NRS 432B.470 must be placed in a hospital, if the child needs hospitalization, or in a shelter, which may include , without limitation, a foster home or other home or facility which provides care for those children, [but the] except as otherwise provided in section 1 of this act. Such a child must not be placed in a jail or other place for detention, incarceration or residential care of persons convicted of a crime or children charged with delinquent acts.

      7.  A person placing a child in protective custody pursuant to subsection 1 shall:

 


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ê2007 Statutes of Nevada, Page 1005 (Chapter 274, AB 147)ê

 

      (a) Immediately take steps to protect all other children remaining in the home or facility, if necessary;

      (b) Immediately make a reasonable effort to inform the person responsible for the child’s welfare that the child has been placed in protective custody;

      (c) Give preference in placement of the child to any person related within the third degree of consanguinity to the child who is suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this State; and

      (d) As soon as practicable, inform the agency which provides child welfare services and the appropriate law enforcement agency [.] , except that if the placement violates the provisions of section 1 of this act, the person shall immediately provide such notification.

      8.  If a child is placed with any person who resides outside this State, the placement must be in accordance with NRS 127.330.

      Sec. 3.  NRS 432B.480 is hereby amended to read as follows:

      432B.480  1.  At each hearing conducted pursuant to NRS 432B.470:

      (a) At the commencement of the hearing, the court shall advise the parties of their right to be represented by an attorney and of their right to present evidence.

      (b) The court shall determine whether there is reasonable cause to believe that it would be:

             (1) Contrary to the welfare of the child for him to reside at his home; or

             (2) In the best interests of the child to place him outside of his home.

Ê The court shall prepare an explicit statement of the facts upon which each of its determinations is based. If the court makes an affirmative finding regarding either subparagraph (1) or (2), the court shall issue an order keeping the child in protective custody pending a disposition by the court.

      (c) The court shall determine whether the child has been placed in a home or facility that complies with the requirements of section 1 of this act. If the placement does not comply with the requirements of section 1 of this act, the court shall establish a plan with the agency which provides child welfare services for the prompt transfer of the child into a home or facility that complies with the requirements of section 1 of this act.

      2.  If the court issues an order keeping the child in protective custody pending a disposition by the court and it is in the best interests of the child, the court may:

      (a) Place the child in the temporary custody of a grandparent, great-grandparent or other person related within the third degree of consanguinity to the child who the court finds has established a meaningful relationship with the child, with or without supervision upon such conditions as the court prescribes, regardless of whether the relative resides within this State; or

      (b) Grant the grandparent, great-grandparent or other person related within the third degree of consanguinity to the child a reasonable right to visit the child while he is in protective custody.

      3.  If the court finds that the best interests of the child do not require that the child remain in protective custody, the court shall order his immediate release.

      4.  If a child is placed with any person who resides outside this State, the placement must be in accordance with NRS 127.330.

 


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

ê2007 Statutes of Nevada, Page 1006 (Chapter 274, AB 147)ê

 

      Sec. 4.  NRS 432B.510 is hereby amended to read as follows:

      432B.510  1.  A petition alleging that a child is in need of protection may be signed only by:

      (a) A representative of an agency which provides child welfare services;

      (b) A law enforcement officer or probation officer; or

      (c) The district attorney.

      2.  The district attorney shall countersign every petition alleging need of protection, and shall represent the interests of the public in all proceedings. If the district attorney fails or refuses to countersign the petition, the petitioner may seek a review by the Attorney General. If the Attorney General determines that a petition should be filed, he shall countersign the petition and shall represent the interests of the public in all subsequent proceedings.

      3.  Every petition must be entitled [,] “In the Matter of ................, a child,” and must be verified by the person who signs it.

      4.  Every petition must set forth specifically:

      (a) The facts which bring the child within the jurisdiction of the court as indicated in NRS 432B.410.

      (b) The name, date of birth and address of the residence of the child.

      (c) The names and addresses of the residences of his parents and any other person responsible for the child’s welfare, and spouse if any. If his parents or other person responsible for his welfare do not reside in this State or cannot be found within the State, or if their addresses are unknown, the petition must state the name of any known adult relative residing within the State [,] or , if there is none, the known adult relative residing nearest to the court.

      (d) Whether the child is in protective custody [,] and , if so [, the] :

             (1) The agency responsible for placing the child in protective custody and the reasons therefor [.] ; and

             (2) Whether the child has been placed in a home or facility in compliance with the provisions of section 1 of this act. If the placement does not comply with the provisions of section 1 of this act, the petition must include a plan for transferring the child to a placement which complies with the provisions of section 1 of this act.

      5.  When any of the facts required by subsection 4 are not known, the petition must so state.

      Sec. 5.  NRS 432B.540 is hereby amended to read as follows:

      432B.540  1.  If the court finds that the allegations of the petition are true, it shall order that a report be made in writing by an agency which provides child welfare services, concerning:

      (a) Except as otherwise provided in paragraph (b), the conditions in the child’s place of residence, the child’s record in school, the mental, physical and social background of his family, its financial situation and other matters relevant to the case; or

      (b) If the child was delivered to a provider of emergency services pursuant to NRS 432B.630, any matters relevant to the case.

      2.  If the agency believes that it is necessary to remove the child from the physical custody of his parents, it must submit with the report a plan designed to achieve a placement of the child in a safe setting as near to the residence of his parent as is consistent with the best interests and special needs of the child. The plan must include [:] , without limitation:

      (a) A description of the type, safety and appropriateness of the home or institution in which the child could be placed, including, without limitation, a statement that the home or institution would comply with the provisions of section 1 of this act, and a plan for ensuring that he would receive safe and proper care and a description of his needs;

 


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

ê2007 Statutes of Nevada, Page 1007 (Chapter 274, AB 147)ê

 

a statement that the home or institution would comply with the provisions of section 1 of this act, and a plan for ensuring that he would receive safe and proper care and a description of his needs;

      (b) A description of the services to be provided to the child and to a parent to facilitate the return of the child to the custody of his parent or to ensure his permanent placement;

      (c) The appropriateness of the services to be provided under the plan; and

      (d) A description of how the order of the court will be carried out.

      Sec. 6.  Section 1 of this act is hereby amended to read as follows:

       Section 1.  Chapter 432B of NRS is hereby amended by adding thereto a new section to read as follows:

       1.  An employee of an agency which provides child welfare services or its designee, an agent or officer of a law enforcement agency, an officer of a local juvenile probation department or the local department of juvenile services or any other person who places a child in protective custody pursuant to this chapter:

       (a) Except as otherwise provided in subsection 2, shall not transfer a child who is under the age of [3] 6 years to, or place such a child in, a child care institution unless appropriate foster care is not available at the time of placement in the county in which the child resides; and

       (b) Shall make all reasonable efforts to place siblings in the same location.

       2.  A child under the age of [3] 6 years may be placed in a child care institution:

       (a) If the child requires medical services and such medical services could not be provided at any other placement; or

       (b) If necessary to avoid separating siblings.

       3.  If a child is transferred to or placed in a child care institution in violation of subsection 1, the agency which provides child welfare services that is responsible for the child shall immediately notify the Director of the Department of Health and Human Services and shall move the child to another placement as soon as possible.

       4.  The Director of the Department shall, on or before January 1 of each year, submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a written report concerning any child under the age of [3] 6 years who was placed in a child care institution during the previous 12 months. Such a report must include, without limitation:

       (a) An explanation of the situation that required the transfer of the child to or placement of the child in a child care institution;

       (b) A summary of any actions that were taken to ensure the health, welfare and safety of the child; and

       (c) The length of time that the child was required to remain in the child care institution.

Ê The Director of the Legislative Counsel Bureau shall cause such report to be made available to each Senator and Assemblyman.

 


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

ê2007 Statutes of Nevada, Page 1008 (Chapter 274, AB 147)ê

 

       5.  As used in this section, “child care institution”:

       (a) Means any type of home or facility that:

             (1) Provides care and shelter during the day and night to 16 or more children who are in protective custody of an agency which provides child welfare services; or

             (2) Provides care and shelter during the day and night, through the use of caregivers who work in shifts, to children who are in protective custody of an agency which provides child welfare services.

       (b) Does not include a home or facility that provides medical services to children.

      Sec. 7.  1.  As soon as possible, but not later than January 15, 2008, an agency which provides child welfare services shall determine whether any children for whom the agency is responsible are in the custody of a child care institution in violation of the provisions of section 1 of this act and shall establish a plan for the transfer of any such children into a home or facility that complies with the provisions of section 1 of this act. The agency shall provide the Director of the Department of Health and Human Services with a list of any such children and the plans for their transfer.

      2.  As soon as possible, but not later than January 15, 2009, an agency which provides child welfare services shall determine whether any children for whom the agency is responsible are in the custody of a child care institution in violation of the provisions of section 6 of this act and shall establish a plan for the transfer of any such children into a home or facility that complies with the provisions of section 6 of this act. The agency shall provide the Director of the Department of Health and Human Services with a list of any such children and the plans for their transfer.

      Sec. 8.  1.  This section and sections 1 to 5, inclusive, and 7 of this act become effective on January 1, 2008.

      2.  Section 1 of this act expires by limitation on December 31, 2008.

      3.  Section 6 of this act becomes effective on January 1, 2009.

________

 


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

ê2007 Statutes of Nevada, Page 1009ê

 

CHAPTER 275, AB 91

Assembly Bill No. 91–Assemblymen Gerhardt, Parks, Kirkpatrick, Atkinson, Bobzien, Denis, Goicoechea, Hogan, Horne, Kihuen, Koivisto, Manendo, Ohrenschall, Segerblom and Womack

 

CHAPTER 275

 

AN ACT relating to explosives; establishing a definition of the term “explosive”; enacting provisions relating to the labeling of containers used for storing explosives; establishing requirements concerning the making of mandatory reports regarding the distribution of explosives under certain circumstances; revising the provisions relating to records regarding transactions and inventories of explosives; revising provisions relating to the storage of explosives; providing that certain activities, substances and items that are exempt from certain federal laws are also exempt from certain state laws; providing penalties; and providing other matters properly relating thereto.

 

[Approved: June 1, 2007]

 

Legislative Counsel’s Digest:

      Section 2 of this bill establishes a definition of the term “explosive” for the purposes of certain provisions relating to explosives. Section 3 of this bill provides that any container used to store an explosive must be properly labeled in accordance with all applicable state and federal laws and regulations. Section 4 of this bill makes it a gross misdemeanor for a person to fail to make a report to a local law enforcement agency and fire department if he has knowledge of any unusual circumstances involving explosives. Section 4 of this bill excludes from its application persons working in their official capacities in the mining industry. Section 4.5 of this bill provides that certain activities, substances and items that are exempt from certain federal laws are also exempt from certain state laws. Section 5 of this bill requires persons who conduct certain transactions involving explosives to create and maintain certain written records and inventories concerning those transactions and prohibits such persons from falsifying such records or failing to create or maintain such records. Section 5 of this bill also requires persons to store explosives in conformity with federal law and requires persons who store explosives to notify a local law enforcement agency and fire department of certain information relating to that storage. Section 5 of this bill excludes from its application persons working in their official capacities in the mining industry.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 476 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4.5, inclusive, of this act.

      Sec. 2.  As used in this chapter, “explosive” means any explosive material included in the list of explosive materials published in the Federal Register and revised annually by the Attorney General of the United States pursuant to 18 U.S.C. §§ 841 et seq.

      Sec. 3.  Any container used to store an explosive must be marked in accordance with all applicable state and federal laws and regulations.

      Sec. 4.  1.  Except as otherwise provided in subsection 3, any person who has knowledge of an unusual sale, purchase, theft or loss of any explosive shall, within 24 hours after the discovery, report the sale, purchase, theft or loss to the local law enforcement agency and local fire department in whose jurisdiction the sale, purchase, theft or loss occurred.

 


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

ê2007 Statutes of Nevada, Page 1010 (Chapter 275, AB 91)ê

 

department in whose jurisdiction the sale, purchase, theft or loss occurred. The report must contain, when possible:

      (a) The name, birth date and address of the persons involved.

      (b) The amount and type of explosive involved.

      (c) Any other information the person making the report believes to be useful.

      2.  Any person who violates the provisions of this section is guilty of a gross misdemeanor.

      3.  The provisions of this section do not apply with respect to a person who is acting in his official capacity as an owner, officer or employee of a company, corporation or partnership engaged in the business of mining.

      4.  For the purposes of this section, there is a rebuttable presumption that a sale, purchase, theft or loss of any explosive is “unusual” if that type of sale, purchase, theft or loss does not regularly occur in the ordinary course of business.

      Sec. 4.5.  If the provisions of chapter 40 of Title 18 of the United States Code do not apply to an activity, substance or item pursuant to 18 U.S.C. § 845(a), this chapter does not apply to the activity, substance or item.

      Sec. 5.  NRS 476.010 is hereby amended to read as follows:

      476.010  1.  Except in the due course of trade [,] or as otherwise provided in subsection 9, it is unlawful for any dealer in dynamite, nitroglycerine, gunpowder or any other [high] explosive to [dispose of, transfer or sell] distribute to any person, in any unusual manner, an excessive amount of such commodities.

      2.  [A record shall be kept by all dealers in such commodities of all such sales of the same made by them, showing the purpose for which the same is to be used and to whom sold.

      3.  No such sale of such commodities shall be made to any person except upon a signed order delivered to the merchant dealing in the same, stating the purpose and use to which the same is to be put.

      4.] It is unlawful for any person to manufacture, import, purchase or distribute any explosive without creating and maintaining a written record that includes the information required pursuant to this section.

      3.  If a person involved in a transaction is not a business or governmental entity or an agent of a business or governmental entity, the written record required pursuant to subsection 2 must include all the following information:

      (a) The name of the person.

      (b) The signature of the person.

      (c) The driver’s license number of the person.

      (d) The residential address of the person.

      (e) The date of the transaction.

      (f) A statement of intended use.

      4.  If a person involved in a transaction is a business or governmental entity or an agent of a business or governmental entity, the written record required pursuant to subsection 2 must include all the following information with respect to the business or governmental entity and the agent of the business or governmental entity, if appropriate:

      (a) The name of the business or governmental entity.

      (b) The taxpayer identification number of the business or governmental entity.

 


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

ê2007 Statutes of Nevada, Page 1011 (Chapter 275, AB 91)ê

 

      (c) The principal and local addresses of the business or governmental entity.

      (d) The name and any other appropriate personal identifying information that is sufficient to identify the agent authorized to act for the business or governmental entity.

      (e) The date of the transaction.

      (f) A statement of intended use.

      5.  It is unlawful for any person to knowingly and intentionally:

      (a) Make any false or misleading entry in a written record required pursuant to subsection 2; or

      (b) Fail to make an entry in a written record required pursuant to subsection 2.

      6.  Any person who keeps any explosive for any purpose shall do so in conformity with the regulations governing the storage of explosives promulgated by the Attorney General of the United States pursuant to 18 U.S.C. § 842 and set forth in 27 C.F.R. §§ 555.201 et seq.

      7.  Any person who stores any explosive shall, within 24 hours after beginning to store the explosive, notify the local law enforcement agency and local fire department in whose jurisdiction the explosive is stored of:

      (a) The type of explosive that is being stored; and

      (b) The location of the site where the explosive is stored.

      8.  Any person [violating] who violates the provisions of this section [shall be] is guilty of a gross misdemeanor.

      9.  The provisions of this section do not apply with respect to a person who is acting in his official capacity as an owner, officer or employee of a company, corporation or partnership engaged in the business of mining.

      10.  As used in this section:

      (a) “Distribute” means to sell, issue, give, transfer or otherwise dispose of an explosive.

      (b) “Person” means any of the following:

             (1) A natural person.

             (2) Any form of business or social organization and any other nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust or unincorporated organization.

             (3) A government, a political subdivision of a government or an agency or instrumentality of a government or a political subdivision of a government.

      Secs. 6-8.  (Deleted by amendment.)

________

 


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

ê2007 Statutes of Nevada, Page 1012ê

 

CHAPTER 276, AB 112

Assembly Bill No. 112–Assemblymen Parnell, Pierce, Parks, McClain, Anderson, Atkinson, Bobzien, Buckley, Gansert, Gerhardt, Kirkpatrick, Koivisto, Leslie, Oceguera, Ohrenschall, Segerblom, Smith and Womack

 

CHAPTER 276

 

AN ACT relating to protective orders; expanding the circumstances which prohibit a court from admitting a person who is arrested for violating an order for protection against domestic violence to bail sooner than 12 hours after his arrest; applying the same standards for not admitting a person to bail sooner than 12 hours after his arrest to a person arrested for violating an order for protection against stalking, aggravated stalking or harassment; establishing the amount of bail that the arrested person must post to be released for such an offense when the amount has not otherwise been established by the court or magistrate; and providing other matters properly relating thereto.

 

[Approved: June 1, 2007]

 

Legislative Counsel’s Digest:

      Existing law prohibits a court from admitting to bail a person who is arrested for violating an order for protection against domestic violence, whether the person is a child or an adult, if the arresting officer determines that the violation of the order was accompanied by a direct or indirect threat of harm. (NRS 62C.020, 125.555, 178.484) Sections 2 and 3 of this bill further prohibit a court from admitting a person to bail sooner than 12 hours after arrest if the person has previously violated an order for protection or has a certain concentration of alcohol in his blood or breath or a certain amount of a prohibited substance in his blood or urine at the time of, or within 2 hours after, the violation. (NRS 62C.020, 125.555) Sections 2 and 5 of this bill make the circumstances requiring the 12-hour hold of a person who violates an order for protection against domestic violence applicable to a person arrested for violating an order for protection against stalking, aggravated stalking or harassment. (NRS 62C.020, 178.484)

      Existing law requires notice to be provided to a person who is arrested for violating an order for protection against domestic violence and to the alleged victim of such a person stating the circumstances under which such a person may not be admitted to bail sooner than 12 hours after arrest. (NRS 33.030, 171.1225) Sections 1 and 4 of this bill add the new circumstances to that notice. Section 7 of this bill further requires such notice to be included with a temporary or extended order for protection against stalking, aggravated stalking or harassment. (NRS 200.591)

      Section 5 of this bill further makes existing law which establishes the amount of bail that a person must post before being admitted to bail if the person is held for more than 12 hours after his arrest for violating an order for protection against domestic violence without appearing personally before a magistrate or without the amount of bail otherwise being established by a magistrate or a court applicable to a person who violates an order for protection against stalking, aggravated stalking or harassment. (NRS 178.484)

 


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ê2007 Statutes of Nevada, Page 1013 (Chapter 276, AB 112)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  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;

      (d) If it has jurisdiction under chapter 125A of NRS, grant temporary custody of the minor child to the applicant; and

      (e) 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) 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] :

      (a) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm [.] ;

      (b) The person has previously violated a temporary or extended order for protection; or

      (c) At the time of the violation or within 2 hours after the violation, the person has:

             (1) A concentration of alcohol of 0.08 or more in his blood or breath; or

             (2) An amount of a prohibited substance in his blood or urine that is equal to or greater than the amount set forth in subsection 3 of NRS 484.379.

 


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

ê2007 Statutes of Nevada, Page 1014 (Chapter 276, AB 112)ê

 

      Sec. 2.  NRS 62C.020 is hereby amended to read as follows:

      62C.020  1.  A child must not be released from custody sooner than 12 hours after the child is taken into custody if the child is taken into custody for committing a battery that constitutes domestic violence pursuant to NRS 33.018.

      2.  A child must not be released from custody sooner than 12 hours after the child is taken into custody if [:

      (a) The] the child is taken into custody 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 [; and

      (b)] or for violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 and:

      (a) The peace officer or probation officer who has taken the child into custody determines that such a violation is accompanied by a direct or indirect threat of harm [.] ;

      (b) The child has previously violated a temporary or extended order for protection of the type for which he has been arrested; or

      (c) At the time of the violation or within 2 hours after the violation, the child has:

             (1) A concentration of alcohol of 0.08 or more in his blood or breath; or

             (2) An amount of a prohibited substance in his blood or urine that is equal to or greater than the amount set forth in subsection 3 of NRS 484.379.

      3.  For the purposes of this section, 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. 3.  NRS 125.555 is hereby amended to read as follows:

      125.555  1.  A restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence which is issued in an action or proceeding brought pursuant to this title must provide notice that a person who is arrested for violating the order or injunction will not be admitted to bail sooner than 12 hours after his arrest if [the] :

      (a) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm [.] ;

      (b) The person has previously violated a temporary or extended order for protection; or

      (c) At the time of the violation or within 2 hours after the violation, the person has:

             (1) A concentration of alcohol of 0.08 or more in his blood or breath; or

             (2) An amount of a prohibited substance in his blood or urine that is equal to or greater than the amount set forth in subsection 3 of NRS 484.379.

 


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

ê2007 Statutes of Nevada, Page 1015 (Chapter 276, AB 112)ê

 

      2.  For the purposes of this section, 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. 4.  NRS 171.1225 is hereby amended to read as follows:

      171.1225  1.  When investigating an act of domestic violence, a peace officer shall:

      (a) Make a good faith effort to explain the provisions of NRS 171.137 pertaining to domestic violence and advise victims of all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community.

      (b) Provide a person suspected of being the victim of an act of domestic violence with a written copy of the following statements:

             (1) My name is officer ......................... (naming the investigating officer). Nevada law requires me to inform you of the following information.

             (2) If I have probable cause to believe that a battery has been committed against you, your minor child or the minor child of the person believed to have committed the battery in the last 24 hours by your spouse, your former spouse, any other person to whom you are related by blood or marriage, a person with whom you are or were actually residing, a person with whom you have had or are having a dating relationship or a person with whom you have a child in common, I am required, unless mitigating circumstances exist, to arrest the person suspected of committing the act.

             (3) If I am unable to arrest the person suspected of committing the battery, you have the right to request that the prosecutor file a criminal complaint against the person. I can provide you with information on this procedure. If convicted, the person who committed the battery may be placed on probation, ordered to see a counselor, put in jail or fined.

             (4) The law provides that you may seek a court order for the protection of you or your minor children against further threats or acts of domestic violence. You do not need to hire a lawyer to obtain such an order for protection.

             (5) An order for protection may require the person who committed or threatened the act of domestic violence against you to:

                   (I) Stop threatening, harassing or injuring you or your children;

                   (II) Move out of your residence;

                   (III) Stay away from your place of employment;

                   (IV) Stay away from the school attended by your children;

                   (V) Stay away from any place you or your children regularly go; and

                   (VI) Avoid or limit all communication with you or your children.

             (6) A court may make future orders for protection which award you custody of your children and require the person who committed or threatened the act of domestic violence against you to pay:

                   (I) The rent or mortgage due on the place in which you live;

                   (II) The amount of money necessary for the support of your children; and

                   (III) Part or all of the costs incurred by you in obtaining the order for protection.

 


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ê2007 Statutes of Nevada, Page 1016 (Chapter 276, AB 112)ê

 

             (7) To get an order for protection, go to room number ....... (state the room number of the office at the court) at the court, which is located at ......................... (state the address of the court). Ask the clerk of the court to provide you with the forms for an order of protection.

             (8) If the person who committed or threatened the act of domestic violence against you violates the terms of an order for protection, he may be arrested and, if [the] :

                   (I) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm [,] ;

                   (II) The person has previously violated a temporary or extended order for protection; or

                   (III) At the time of the violation or within 2 hours after the violation, the person has a concentration of alcohol of 0.08 or more in his blood or breath or an amount of a prohibited substance in his blood or urine that is equal to or greater than the amount set forth in subsection 3 of NRS 484.379.

Ê he will not be admitted to bail sooner than 12 hours after his arrest.

             (9) You may obtain emergency assistance or shelter by contacting your local program against domestic violence at ......................... (state name, address and telephone number of local program) or you may call, without charge to you, the Statewide Program Against Domestic Violence at ........................ (state toll-free telephone number of Statewide Program).

      2.  As used in this section, “act of domestic violence” means any of the following acts committed by a person against 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.

      (f) 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.

      3.  The failure of a peace officer to carry out the requirements set forth in subsection 1 is not a defense in a criminal prosecution for the commission of an act of domestic violence, nor may such an omission be considered as negligence or as causation in any civil action against the peace officer or his employer.

 


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

ê2007 Statutes of Nevada, Page 1017 (Chapter 276, AB 112)ê

 

      4.  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. 5.  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.

      5.  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.

 


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

ê2007 Statutes of Nevada, Page 1018 (Chapter 276, AB 112)ê

 

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.

      6.  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 , or for violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 must not be admitted to bail sooner than 12 hours after his arrest if [the] :

      (a) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm [.] ;

      (b) The person has previously violated a temporary or extended order for protection of the type for which he has been arrested; or

      (c) At the time of the violation or within 2 hours after the violation, the person has:

             (1) A concentration of alcohol of 0.08 or more in his blood or breath; or

             (2) An amount of a prohibited substance in his blood or urine that is equal to or greater than the amount set forth in subsection 3 of NRS 484.379.

      7.  If [the] a person is admitted to bail more than 12 hours after his arrest, pursuant to subsection [5 of NRS 171.178,] 6, 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 [;] , or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591;

      (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 of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591; 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 [.]

 


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ê2007 Statutes of Nevada, Page 1019 (Chapter 276, AB 112)ê

 

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 of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591.

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 , or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 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.] 8.  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.] 9.  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;

      (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.] 10.  If a person fails to comply with a condition imposed pursuant to subsection [8,] 9, 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.] 11.  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.] 12.  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;

 


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

ê2007 Statutes of Nevada, Page 1020 (Chapter 276, AB 112)ê

 

      (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.] 13.  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.] 14.  For the purposes of subsection 6, 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. 6.  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] 9 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.

      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.

      Sec. 7.  NRS 200.591 is hereby amended to read as follows:

      200.591  1.  In addition to any other remedy provided by law, a person who reasonably believes that the crime of stalking, aggravated stalking or harassment is being committed against him by another person may petition any court of competent jurisdiction for a temporary or extended order directing the person who is allegedly committing the crime to:

 


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

ê2007 Statutes of Nevada, Page 1021 (Chapter 276, AB 112)ê

 

harassment is being committed against him by another person may petition any court of competent jurisdiction for a temporary or extended order directing the person who is allegedly committing the crime to:

      (a) Stay away from the home, school, business or place of employment of the victim of the alleged crime and any other location specifically named by the court.

      (b) Refrain from contacting, intimidating, threatening or otherwise interfering with the victim of the alleged crime and any other person named in the order, including, without limitation, a member of the family or the household of the victim of the alleged crime.

      (c) Comply with any other restriction which the court deems necessary to protect the victim of the alleged crime or to protect any other person named in the order, including, without limitation, a member of the family or the household of the victim of the alleged crime.

      2.  If a defendant charged with a crime involving harassment, stalking or aggravated stalking is released from custody before trial or is found guilty at the trial, the court may issue a temporary or extended order or provide as a condition of the release or sentence that the defendant:

      (a) Stay away from the home, school, business or place of employment of the victim of the alleged crime and any other location specifically named by the court.

      (b) Refrain from contacting, intimidating, threatening or otherwise interfering with the victim of the alleged crime and any other person named in the order, including, without limitation, a member of the family or the household of the victim of the alleged crime.

      (c) Comply with any other restriction which the court deems necessary to protect the victim of the alleged crime or to protect any other person named in the order, including, without limitation, a member of the family or the household of the victim of the alleged crime.

      3.  A temporary order may be granted with or without notice to the adverse party. An extended order may be granted only after:

      (a) Notice of the petition for the order and of the hearing thereon is served upon the adverse party pursuant to the Nevada Rules of Civil Procedure; and

      (b) A hearing is held on the petition.

      4.  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.

      5.  Unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order, any person who intentionally violates:

      (a) A temporary order is guilty of a gross misdemeanor.

      (b) An extended order is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      6.  Any court order issued pursuant to this section must:

      (a) Be in writing;

      (b) Be personally served on the person to whom it is directed; and

      (c) Contain the warning that violation of the order:

             (1) Subjects the person to immediate arrest.

             (2) Is a gross misdemeanor if the order is a temporary order.

             (3) Is a category C felony if the order is an extended order.

 


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

ê2007 Statutes of Nevada, Page 1022 (Chapter 276, AB 112)ê

 

      7.  A temporary or extended order issued pursuant to this section 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:

      (a) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm;

      (b) The person has previously violated a temporary or extended order for protection; or

      (c) At the time of the violation or within 2 hours after the violation, the person has:

             (1) A concentration of alcohol of 0.08 or more in his blood or breath; or

             (2) An amount of a prohibited substance in his blood or urine that is equal to or greater than the amount set forth in subsection 3 of NRS 484.379.

________

 

CHAPTER 277, AB 90

Assembly Bill No. 90–Assemblymen Gerhardt, Buckley, Parks, Allen, Atkinson, Beers, Bobzien, Denis, Goedhart, Goicoechea, Grady, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Manendo, Ohrenschall, Parnell, Segerblom, Stewart and Womack

 

CHAPTER 277

 

AN ACT relating to crimes; prohibiting a person from engaging in certain acts to cause the results of a test for genetic identification which is given to determine paternity to be inaccurate; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 1, 2007]

 

Legislative Counsel’s Digest:

      This bill creates the crime of paternity fraud, making it a gross misdemeanor to engage in certain acts which are intended to make the results of a test given for genetic identification to determine the paternity of a child to be inaccurate.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 201 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person is guilty of paternity fraud if the person:

      (a) Is ordered by a court to submit, or agrees to submit, to a test for genetic identification to determine the paternity of a child and knowingly assists, aids, abets, solicits or conspires with another person to have someone other than himself submit to the test for the purpose of preventing a determination that he is the father of the child;

      (b) Submits to a test for genetic identification to determine the paternity of a child in place of the person who has been ordered to submit, or who has agreed to submit, to a test for genetic identification to determine the paternity of a child for the purpose of preventing a determination that the person for whom he is taking the test is the father of the child; or

 


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ê2007 Statutes of Nevada, Page 1023 (Chapter 277, AB 90)ê

 

determine the paternity of a child for the purpose of preventing a determination that the person for whom he is taking the test is the father of the child; or

      (c) Knowingly assists, aids, abets, solicits or conspires with another person:

            (1) To commit a violation of paragraph (a) or (b); or

             (2) To render inaccurate the results of a test for genetic identification to determine the paternity of a child.

      2.  A person who violates this section is guilty of a gross misdemeanor.

________

 

CHAPTER 278, AB 67

Assembly Bill No. 67–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 278

 

AN ACT relating to air pollution; authorizing the State Department of Conservation and Natural Resources to collect money from the sale of emission credits or allocations; increasing the maximum amount the State Environmental Commission may establish as an administrative fine for certain lesser violations relating to air pollution; and providing other matters properly relating thereto.

 

[Approved: June 1, 2007]

 

Legislative Counsel’s Digest:

      The State Department of Conservation and Natural Resources is designated as the Air Pollution Control Agency of the State for the purposes of the Clean Air Act, insofar as it pertains to state programs. (NRS 445B.135, 445B.205) Section 2 of this bill authorizes the Department to collect money from the sale of emission credits or allocations. Section 1 of this bill makes it a state policy periodically to retire a portion of the emission credits or allocations.

      The State Environmental Commission is required by law to adopt regulations that set forth a schedule of administrative fines not exceeding $500 for minor violations of certain statutes and regulations relating to the prevention, abatement and control of air pollution. (NRS 445B.640) Section 3 of this bill increases the maximum amount that the Commission may establish for such fines from $500 to $2,000.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 445B.100 is hereby amended to read as follows:

      445B.100  1.  It is the public policy of the State of Nevada and the purpose of NRS 445B.100 to 445B.640, inclusive, to achieve and maintain levels of air quality which will protect human health and safety, prevent injury to plant and animal life, prevent damage to property, and preserve visibility and scenic, esthetic and historic values of the State.

      2.  It is the intent of NRS 445B.100 to 445B.640, inclusive, to:

      (a) Require the use of reasonably available methods to prevent, reduce or control air pollution throughout the State of Nevada;

      (b) Maintain cooperative programs between the State and its local governments; and

 


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ê2007 Statutes of Nevada, Page 1024 (Chapter 278, AB 67)ê

 

      (c) Facilitate cooperation across jurisdictional lines in dealing with problems of air pollution not confined within a single jurisdiction.

      3.  The quality of air is declared to be affected with the public interest, and NRS 445B.100 to 445B.640, inclusive, are enacted in the exercise of the police power of this State to protect the health, peace, safety and general welfare of its people.

      4.  It is also the public policy of this State [to] :

      (a) To provide for the integration of all programs for the prevention of accidents in this State involving chemicals, including, without limitation, accidents involving hazardous air pollutants, highly hazardous chemicals, highly hazardous substances and extremely hazardous substances [.] ; and

      (b) Periodically to retire a portion of the emission credits or allocations specified in NRS 445B.235 that may otherwise be available for banking or for sale pursuant to that section.

      Sec. 2.  NRS 445B.235 is hereby amended to read as follows:

      445B.235  1.  In carrying out the purposes of NRS 445B.100 to 445B.640, inclusive, the Department may [, if it considers it necessary or appropriate:

      1.] :

      (a) Collect money from the sale of emission credits or allocations.

      (b) Cooperate with appropriate federal officers and agencies of the Federal Government, other states, interstate agencies, local governmental agencies and other interested parties in all matters relating to air pollution control in preventing or controlling the pollution of the air in any area.

      [2.] (c) On behalf of this State, apply for and receive [funds] money made available to the State for programs from any private source or from any agency of the Federal Government under the Federal Act. All [moneys] money received from any federal agency or private source as provided in this section [shall] must be paid into the State Treasury and [shall] must be expended, under the direction of the Department, solely for the purpose [or purposes] for which the grant [or grants have] has been made.

      [3.] (d) Certify to the appropriate federal authority that facilities are in conformity with the state program and requirements for control of air pollution, or will be in conformity with the state program and requirements for control of air pollution if such facility is constructed and operated in accordance with the application for certification.

      [4.] (e) Develop measures for control of air pollution originating in the State.

      2.  All money collected by the Department pursuant to paragraph (a) of subsection 1 must be deposited in the State General Fund for credit to the Account for the Management of Air Quality.

      3.  The Department shall:

      (a) Develop proposed regulations establishing requirements for public participation in the determination by the Department of the amount of emission credits or allocations that are available for sale pursuant to paragraph (a) of subsection 1; and

      (b) Recommend that the Commission adopt the proposed regulations pursuant to NRS 445B.210.

      Sec. 3.  NRS 445B.640 is hereby amended to read as follows:

      445B.640  1.  Except as otherwise provided in subsection 4 and NRS 445C.010 to 445C.120, inclusive, any person who violates any provision of NRS 445B.100 to 445B.450, inclusive, and 445B.470 to 445B.640, inclusive, or any regulation in force pursuant thereto, other than NRS 445B.570 on confidential information, is guilty of a civil offense and shall pay an administrative fine levied by the Commission of not more than $10,000 per day per offense.

 


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ê2007 Statutes of Nevada, Page 1025 (Chapter 278, AB 67)ê

 

inclusive, or any regulation in force pursuant thereto, other than NRS 445B.570 on confidential information, is guilty of a civil offense and shall pay an administrative fine levied by the Commission of not more than $10,000 per day per offense. Each day of violation constitutes a separate offense.

      2.  The Commission shall by regulation establish a schedule of administrative fines not exceeding [$500] $2,000 for lesser violations of any provision of NRS 445B.100 to 445B.450, inclusive, and 445B.470 to 445B.640, inclusive, or any regulation in force pursuant thereto.

      3.  Action pursuant to subsection 1 or 2 is not a bar to enforcement of the provisions of NRS 445B.100 to 445B.450, inclusive, and 445B.470 to 445B.640, inclusive, regulations in force pursuant thereto, and orders made pursuant to NRS 445B.100 to 445B.450, inclusive, and 445B.470 to 445B.640, inclusive, by injunction or other appropriate remedy, and the Commission or the Director may institute and maintain in the name of the State of Nevada any such enforcement proceedings.

      4.  Any person who fails to pay a fine levied pursuant to subsection 1 or 2 within 30 days after the fine is imposed is guilty of a misdemeanor. The provisions of this subsection do not apply to persons found by the court to be indigent.

      5.  All administrative fines collected by the Commission pursuant to this section must be deposited in the county school district fund of the county where the violation occurred.

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

________

 


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

ê2007 Statutes of Nevada, Page 1026ê

 

CHAPTER 279, AB 64

Assembly Bill No. 64–Committee on Transportation

 

CHAPTER 279

 

AN ACT relating to traffic laws; making various changes concerning the penalties imposed by a court when a defendant fails to properly secure a child in a child restraint system in a vehicle; and providing other matters properly relating thereto.

 

[Approved: June 1, 2007]

 

Legislative Counsel’s Digest:

      Existing law requires a person who transports a child who is less than 6 years of age and who weighs 60 pounds or less to secure the child in a child restraint system. A court is required to order a defendant who did not comply with that requirement to complete a program of training in the installation and use of child restraint systems, unless the defendant is not a resident of the State of Nevada. The court is further required to impose a fine or require the defendant to perform community service, but may waive a portion of the fine or community service if the program of training certifies to the court that the defendant completed the program of training. This bill deletes the requirement that a court order a defendant to undergo a program of training and requires the court to provide the defendant with a referral list of available programs of training. This bill also increases the amount of the fine or hours of community service a court may impose for failing to properly secure the child in a child restraint system. Further, for a first offense, a defendant may have the fine or hours of community service waived if he successfully completes a program of training recommended by the court and presents proof of completion of the training to the court. For a second offense, a defendant may have the fine or hours of community service reduced by half if he did not have the fine or hours of community service waived for his first offense and he successfully completes a program of training recommended by the court and presents proof of completion of the training to the court.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 2.  NRS 484.474 is hereby amended to read as follows:

      484.474  1.  Except as otherwise provided in subsection 7, any person who is transporting a child who is less than 6 years of age and who weighs 60 pounds or less in a motor vehicle operated in this State which is equipped to carry passengers shall secure the child in a child restraint system which:

      (a) Has been approved by the United States Department of Transportation in accordance with the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. Part 571;

      (b) Is appropriate for the size and weight of the child; and

      (c) Is installed within and attached safely and securely to the motor vehicle:

             (1) In accordance with the instructions for installation and attachment provided by the manufacturer of the child restraint system; or

             (2) In another manner that is approved by the National Highway Traffic Safety Administration.

      2.  If a defendant pleads or is found guilty of violating the provisions of subsection 1, the court shall:

 


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ê2007 Statutes of Nevada, Page 1027 (Chapter 279, AB 64)ê

 

      (a) [In addition to any other penalty imposed by law, order the defendant to complete a program of training conducted by a person or agency approved by the Department of Public Safety in the installation and use of child restraint systems, except that the court shall waive the requirements of this paragraph if the defendant is not a resident of the State of Nevada; and

      (b) Except as otherwise provided in this paragraph, order the defendant to pay a fine of not less than $50 nor more than $500, or order the defendant to perform not less than 8 hours nor more than 50 hours of community service. The court may:

             (1) For a first offense by a defendant who completes a program of training described in paragraph (a), waive any amount of the fine or any amount of the community service; and

             (2) For a second or subsequent offense by a defendant who completes a program of training described in paragraph (a), waive any amount of the fine in excess of $50 or any amount of the community service in excess of 8 hours,

Ê if the person or agency which provided the program of training to the defendant certifies to the court that the defendant has completed the program of training required by paragraph (a), has paid the fee, if any, established for the program pursuant to subsection 4 and has presented for inspection by the person or agency an installed child restraint system that satisfies the provisions of subsection 1. The provisions of this paragraph do not authorize the waiver of any fee established by a person or agency pursuant to subsection 4.] For a first offense, order the defendant to pay a fine of not less than $100 nor more than $500 or order the defendant to perform not less than 10 hours nor more than 50 hours of community service;

      (b) For a second offense, order the defendant to pay a fine of not less than $500 nor more than $1000 or order the defendant to perform not less than 50 hours nor more than 100 hours of community service; and

      (c) For a third or subsequent offense, suspend the driver’s license of the defendant for not less than 30 days nor more than 180 days.

      3.  [The] At the time of sentencing, the court shall [make available] provide the defendant with a list of persons and agencies approved by the Department of Public Safety to conduct programs of training and perform inspections of child restraint systems. The list must include, without limitation, an indication of the fee, if any, established by the person or agency pursuant to subsection 4. If, within 60 days after sentencing, a defendant provides the court with proof of satisfactory completion of a program of training provided for in this subsection, the court shall:

      (a) If the defendant was sentenced pursuant to paragraph (a) of subsection 2, waive the fine or community service previously imposed; or

      (b) If the defendant was sentenced pursuant to paragraph (b) of subsection 2, reduce by one-half the fine or community service previously imposed.

Ê A defendant is only eligible for a reduction of a fine or community service pursuant to paragraph (b) if he has not had a fine or community service waived pursuant to paragraph (a).

      4.  A person or agency approved by the Department of Public Safety to conduct programs of training and perform inspections of child restraint systems may, in cooperation with the Department, establish a fee to be paid by defendants who are ordered to complete a program of training. The amount of the fee, if any:

 


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ê2007 Statutes of Nevada, Page 1028 (Chapter 279, AB 64)ê

 

      (a) Must be reasonable; and

      (b) May, if a defendant desires to acquire a child restraint system from such a person or agency, include the cost of a child restraint system provided by the person or agency to the defendant.

Ê A program of training may not be operated for profit.

      5.  For the purposes of NRS 483.473, a violation of this section is not a moving traffic violation.

      6.  A violation of this section may not be considered:

      (a) Negligence in any civil action; or

      (b) Negligence or reckless driving for the purposes of NRS 484.377.

      7.  This section does not apply:

      (a) To a person who is transporting a child in a means of public transportation, including a taxi, school bus or emergency vehicle.

      (b) When a physician determines that the use of such a child restraint system for the particular child would be impractical or dangerous because of such factors as the child’s weight, physical unfitness or medical condition. In this case, the person transporting the child shall carry in the vehicle the signed statement of the physician to that effect.

      8.  As used in this section, “child restraint system” means any device that is designed for use in a motor vehicle to restrain, seat or position children. The term includes, without limitation:

      (a) Booster seats and belt-positioning seats that are designed to elevate or otherwise position a child so as to allow the child to be secured with a safety belt;

      (b) Integrated child seats; and

      (c) Safety belts that are designed specifically to be adjusted to accommodate children.

________

 


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ê2007 Statutes of Nevada, Page 1029ê

 

CHAPTER 280, AB 216

Assembly Bill No. 216–Committee on Commerce and Labor

 

CHAPTER 280

 

AN ACT relating to manufactured home parks; requiring a landlord who proposes to close or convert a manufactured home park to submit a resident impact statement under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: June 1, 2007]

 

Legislative Counsel’s Digest:

      Existing law describes the obligations that a landlord must meet when closing or converting a manufactured home park. (NRS 118B.177, 118B.180, 118B.183) Sections 1-4 of this bill add to those requirements by requiring the landlord to submit a resident impact statement. Additionally, section 1 sets forth the requirements for a resident impact statement and the time for its submission. Section 1 also exempts a landlord who complies with local rules for converting or closing a manufactured home park if the local rules establish requirements concerning the disclosure of the impact on residents that are at least as stringent as the requirements of section 1.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 118B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 4, if a landlord begins the process of closing or converting a manufactured home park, he shall submit a resident impact statement to the appropriate local zoning board, planning commission or governing body.

      2.  The landlord shall submit the resident impact statement before:

      (a) The appropriate local zoning board, planning commission or governing body makes a decision concerning the closure or conversion of the manufactured home park; or

      (b) The conclusion of the process of closing or converting the manufactured home park,

Ê whichever is earlier.

      3.  The resident impact statement must be in such form as the Division prescribes by regulation and must include, without limitation, the following information:

      (a) The addresses and corresponding manufactured home identification numbers of all tenants of the park;

      (b) An analysis of replacement housing needs or requirements for the tenants; and

      (c) An analysis of any sites to which the homes of the tenants may be moved.

      4.  The provisions of this section do not apply to a landlord who complies with the rules, regulations or procedures for the closure or conversion of a manufactured home park established by the appropriate local zoning board, planning commission or governing body which include requirements that are substantially similar to or more stringent than the requirements of this section.

 


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ê2007 Statutes of Nevada, Page 1030 (Chapter 280, AB 216)ê

 

      Sec. 2.  NRS 118B.177 is hereby amended to read as follows:

      118B.177  1.  If a landlord closes a manufactured home park, or if a landlord is forced to close a manufactured home park because of a valid order of a state or local governmental agency or court requiring the closure of the manufactured home park permanently for health or safety reasons, the landlord shall pay the amount described in subsection 2 or 3, in accordance with the choice of the tenant.

      2.  If the tenant chooses to move the manufactured home, the landlord shall pay to the tenant:

      (a) The cost of moving each tenant’s manufactured home and its appurtenances to a new location within 50 miles from the manufactured home park; or

      (b) If the new location is more than 50 miles from the manufactured home park, the cost of moving the manufactured home for the first 50 miles,

Ê including fees for inspection, any deposits for connecting utilities, and the cost of taking down, moving, setting up and leveling the manufactured home and its appurtenances in the new lot or park.

      3.  If the tenant chooses not to move the manufactured home, the manufactured home cannot be moved without being structurally damaged [,] or there is no manufactured home park within 50 miles that is willing to accept the manufactured home, the landlord:

      (a) May remove and dispose of the manufactured home; and

      (b) Shall pay to the tenant the fair market value of the manufactured home less the reasonable cost of removing and disposing of the manufactured home.

      4.  Written notice of any closure must be served timely on each:

      (a) Tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice before he is required to move his manufactured home from the lot.

      (b) Prospective tenant by:

             (1) Handing each prospective tenant or his agent a copy of the written notice; and

             (2) Maintaining a copy of the written notice at the entrance of the manufactured home park.

      5.  For the purposes of this section, the fair market value of a manufactured home and the reasonable cost of removing and disposing of a manufactured home must be determined by:

      (a) A dealer licensed pursuant to chapter 489 of NRS who is agreed upon by the landlord and tenant; or

      (b) If the landlord and tenant cannot agree pursuant to paragraph (a), a dealer licensed pursuant to chapter 489 of NRS who is selected for this purpose by the Division.

      6.  A landlord shall not increase the rent of a tenant after notice is served on the tenant as required by subsection 4.

      7.  If a landlord begins the process of closing a manufactured home park, he shall comply with the provisions of section 1 of this act concerning the submission of a resident impact statement.

      8.  As used in this section, “timely” means not later than 3 days after the landlord learns of a closure.

      Sec. 3.  NRS 118B.180 is hereby amended to read as follows:

      118B.180  1.  A landlord may convert an existing manufactured home park into individual manufactured home lots for sale to manufactured home owners if the change is approved by the appropriate local zoning board, planning commission or governing body.

 


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ê2007 Statutes of Nevada, Page 1031 (Chapter 280, AB 216)ê

 

owners if the change is approved by the appropriate local zoning board, planning commission or governing body. In addition to any other reasons, a landlord may apply for such approval if the landlord is forced to close the manufactured home park because of a valid order of a state or local governmental agency or court requiring the closure of the manufactured home park for health or safety reasons.

      2.  The landlord may undertake a conversion pursuant to this section only if:

      (a) The landlord gives notice in writing to each tenant within 5 days after he files his application for the change in land use with the local zoning board, planning commission or governing body;

      (b) The landlord offers, in writing, to sell the lot to the tenant at the same price the lot will be offered to the public and holds that offer open for at least 90 days or until the landlord receives a written rejection of the offer from the tenant, whichever occurs earlier;

      (c) The landlord does not sell the lot to a person other than the tenant for 90 days after the termination of the offer required pursuant to paragraph (b) at a price or on terms that are more favorable than the price or terms offered to the tenant;

      (d) If a tenant does not exercise his option to purchase the lot pursuant to paragraph (b), the landlord pays:

             (1) The cost of moving the tenant’s manufactured home and its appurtenances to a comparable location within 50 miles from the manufactured home park; or

             (2) If the new location is more than 50 miles from the manufactured home park, the cost of moving the manufactured home for the first 50 miles,

Ê including fees for inspection, any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling his manufactured home and its appurtenances in the new lot or park; [and]

      (e) After the landlord is granted final approval of the change by the appropriate local zoning board, planning commission or governing body, notice in writing is served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice before he is required to move his manufactured home from the lot [.] ; and

      (f) The landlord complies with the provisions of section 1 of this act concerning the submission of a resident impact statement.

      3.  Notice sent pursuant to paragraph (a) of subsection 2 or an offer to sell a manufactured home lot to a tenant required pursuant to paragraph (b) of subsection 2 does not constitute notice of termination of the tenancy.

      4.  Upon the sale of a manufactured home lot and a manufactured home which is situated on that lot, the landlord shall indicate what portion of the purchase price is for the manufactured home lot and what portion is for the manufactured home.

      5.  The provisions of this section do not apply to a corporate cooperative park.

      Sec. 4.  NRS 118B.183 is hereby amended to read as follows:

      118B.183  1.  A landlord may convert an existing manufactured home park to any other use of the land if the change is approved by the appropriate local zoning board, planning commission or governing body. In addition to any other reasons, a landlord may apply for such approval if the landlord is forced to close the manufactured home park because of a valid order of a state or local governmental agency or court requiring the closure of the manufactured home park for health or safety reasons.

 


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ê2007 Statutes of Nevada, Page 1032 (Chapter 280, AB 216)ê

 

state or local governmental agency or court requiring the closure of the manufactured home park for health or safety reasons.

      2.  The landlord may undertake a conversion pursuant to this section only if:

      (a) The landlord gives notice in writing to each tenant within 5 days after he files his application for the change in land use with the local zoning board, planning commission or governing body;

      (b) The landlord pays the amount described in subsection 3 or 4, in accordance with the choice of the tenant; [and]

      (c) After the landlord is granted final approval of the change by the appropriate local zoning board, planning commission or governing body, written notice is served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice before he is required to move his manufactured home from the lot [.] ; and

      (d) The landlord complies with the provisions of section 1 of this act concerning the submission of a resident impact statement.

      3.  If the tenant chooses to move the manufactured home, the landlord shall pay to the tenant:

      (a) The cost of moving the tenant’s manufactured home and its appurtenances to a new location within 50 miles from the manufactured home park; or

      (b) If the new location is more than 50 miles from the manufactured home park, the cost of moving the manufactured home for the first 50 miles,

Ê including fees for inspection, any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling his manufactured home and its appurtenances in the new lot or park.

      4.  If the tenant chooses not to move the manufactured home, the manufactured home cannot be moved without being structurally damaged [,] or there is no manufactured home park within 50 miles that is willing to accept the manufactured home, the landlord:

      (a) May remove and dispose of the manufactured home; and

      (b) Shall pay to the tenant the fair market value of the manufactured home less the reasonable cost of removing and disposing of the manufactured home.

      5.  A landlord shall not increase the rent of any tenant:

      (a) For 180 days before filing an application for a change in land use, permit or variance affecting the manufactured home park; or

      (b) At any time after filing an application for a change in land use, permit or variance affecting the manufactured home park unless:

             (1) The landlord withdraws the application or the appropriate local zoning board, planning commission or governing body denies the application; and

             (2) The landlord continues to operate the manufactured home park after the withdrawal or denial.

      6.  For the purposes of this section, the fair market value of a manufactured home and the reasonable cost of removing and disposing of a manufactured home must be determined by:

      (a) A dealer licensed pursuant to chapter 489 of NRS who is agreed upon by the landlord and tenant; or

 


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ê2007 Statutes of Nevada, Page 1033 (Chapter 280, AB 216)ê

 

      (b) If the landlord and tenant cannot agree pursuant to paragraph (a), a dealer licensed pursuant to chapter 489 of NRS who is selected for this purpose by the Division.

      7.  The provisions of this section do not apply to a corporate cooperative park.

________

 

CHAPTER 281, AB 55

Assembly Bill No. 55–Committee on Commerce and Labor

 

CHAPTER 281

 

AN ACT relating to court reporting; expanding the definition of “practice of court reporting” to include reporting by the use of voice writing; expanding the definition of “stenographic notes” to include certain records produced by voice writing; revising the circumstances under which a person may be admitted for examination in this State for a certified court reporter’s certificate; establishing designations for certain court reporters; authorizing the use of certain abbreviations by certain court reporters; prohibiting certified court reporters-voice writers from practicing court reporting by using any method of court reporting other than voice writing; requiring an official reporter to make a record of certain proceedings; and providing other matters properly relating thereto.

 

[Approved: June 1, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides for the certification of court reporters. (Chapter 656 of NRS) Section 1 of this bill expands the definition of “practice of court reporting” to include the making of a verbatim record of a court proceeding by speaking into a device that either digitally translates the words into text or makes a tape or digital recording of the words. Section 1 also expands the definition of “stenographic notes” to include such a record. Existing law requires applicants for certification as court reporters to have fulfilled one of a number of specified obligations before being permitted to take the certification test. (NRS 656.170) Section 2 of this bill allows a person to take the certification test if the person has passed an examination administered by the National Verbatim Reporters Association or the National Court Reporters Association or has received a certificate from either association, and the examination or certificate has been approved by the Certified Court Reporters’ Board of Nevada.

      Current law requires a person who has been issued a certificate of registration as a certified court reporter to be designated a “certified court reporter” and authorizes such a person to use the abbreviation “C.C.R.” in connection with the practice of court reporting. (NRS 656.310) Section 3 of this bill provides that a person who only used voice writing technology to pass the court reporter test be designated a “certified court reporter-voice writer,” and that such a person may use the abbreviation “C.C.R.-V.,” may not use the abbreviation “C.C.R.,” and may only use voice writing in the practice of court reporting.

 


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ê2007 Statutes of Nevada, Page 1034 (Chapter 281, AB 55)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 656.030 is hereby amended to read as follows:

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

      1.  “Board” means the Certified Court Reporters’ Board of Nevada.

      2.  “Certificate” means a certified court reporter’s certificate issued under the provisions of this chapter.

      3.  [“Court] “Certified court reporter” or “court reporter” means a person who is technically qualified and registered under this chapter to practice court reporting.

      4.  “Court reporting firm” means a person who, for compensation, provides or arranges for the services of a court reporter or provides referral services for court reporters.

      5.  “Designated representative of a court reporting firm” means the person designated to act as the representative of a court reporting firm pursuant to NRS 656.186.

      6.  “License” means a license issued under the provisions of this chapter to conduct business as a court reporting firm.

      7.  “Licensee” means a person to whom a license has been issued.

      8.  “Practice of court reporting” means reporting by the use of voice writing or any system of manual or mechanical shorthand writing:

      (a) Grand jury proceedings;

      (b) Court proceedings;

      (c) Pretrial examinations, depositions, motions and related proceedings of like character; or

      (d) Proceedings of an administrative agency if the final decision of the agency with reference thereto is subject to judicial review.

      9.  “Stenographic notes” means [the] :

      (a) The original manually or mechanically produced notes in shorthand or shorthand writing taken by a court reporter while in attendance at a proceeding to report the proceeding [.] ; or

      (b) The record produced by the use of voice writing by a court reporter while in attendance at a proceeding.

      10.  “Voice writing” means the making of a verbatim record of a proceeding by repeating the words of the speaker into a device that is capable of:

      (a) Digitally translating the words into text; or

      (b) Making a tape or digital recording of those words.

      Sec. 2.  NRS 656.170 is hereby amended to read as follows:

      656.170  1.  Examinations must be held no 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 [;] , if the Board has approved the examination;

      (b) Received a passing grade on the National Verbatim Reporters Association’s examination for certified verbatim reporters, if the Board has approved the examination;

      (c) 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;

 


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ê2007 Statutes of Nevada, Page 1035 (Chapter 281, AB 55)ê

 

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)] (d) A certificate as a registered professional reporter or a certificate of merit from the National Court Reporters Association [;

      (d)] , if the Board has approved each such certificate;

      (e) A certificate as a certified verbatim reporter or a certificate of merit from the National Verbatim Reporters Association, if the Board has approved each such certificate;

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

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

      Sec. 3.  NRS 656.310 is hereby amended to read as follows:

      656.310  1.  [Every] Except as otherwise provided in subsection 2, each person to whom a valid existing certificate of registration as a certified court reporter has been issued under this chapter [must] :

      (a) Must be designated as a certified court reporter [and not otherwise, and any such registered certified court reporter may,] ;

      (b) May, in connection with his practice of court reporting, use the abbreviation “C.C.R.” ; and

      (c) Shall not, in connection with his practice of court reporting, use the abbreviation “C.C.R.-V.”

      2.  Each person to whom a valid existing certificate of registration as a certified court reporter has been issued under this chapter and who has only passed the portion of the examination required pursuant to paragraph (b) of subsection 2 of NRS 656.160 through the use of voice writing:

      (a) Must be designated as a certified court reporter-voice writer;

      (b) May, in connection with his practice of court reporting, use the abbreviation “C.C.R.-V.”;

      (c) Shall not, in connection with his practice of court reporting, use the abbreviation “C.C.R.”; and

      (d) Shall engage in the practice of court reporting only through the use of voice writing.

      3.  No person other than the holder of a valid existing certificate of registration under this chapter may use the title or designation of “certified court reporter,” [or “C.C.R.,”] “certified court reporter-voice writer,” “C.C.R.” or “C.C.R.-V.,” either directly or indirectly, in connection with his profession or business.

      [2.] 4.  Every holder of a certificate shall place the number of his certificate:

      (a) On the cover page and certificate page of all transcripts of proceedings; and

      (b) On all business cards.

      Sec. 4.  NRS 3.320 is hereby amended to read as follows:

      3.320  1.  The judge or judges of any district court may appoint, subject to the provisions of this chapter and other laws as to the qualifications and examinations of the appointee, one certified court reporter, to be known as official reporter of the court or department and to hold office during the pleasure of the judge appointing him.

 


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ê2007 Statutes of Nevada, Page 1036 (Chapter 281, AB 55)ê

 

during the pleasure of the judge appointing him. The appointee may be any business organization if the person representing it, who actually performs the reporting service, is a certified court reporter.

      2.  The official reporter, or any one of them if there are two or more, shall:

      (a) At the request of either party or of the court in a civil action or proceeding, and on the order of the court, the district attorney or the attorney for the defendant in a criminal action or proceeding, [take down in shorthand] make a record of all the testimony, the objections made, the rulings of the court, the exceptions taken, all arraignments, pleas and sentences of defendants in criminal cases, and all statements and remarks made by the district attorney or judge, and all oral instructions given by the judge; and

      (b) If directed by the court or requested by either party, within such reasonable time after the trial of the case as may be designated by law or, in the absence of any law relating thereto, by the court, write out the [shorthand copy,] record, or such specific portions thereof as may be requested, in plain and legible longhand, or by typewriter or other printing machine. The reporter shall certify to that copy as being correctly reported and transcribed [,] and, when directed by the law or court, shall file it with the clerk of the court.

      Sec. 5.  NRS 3.380 is hereby amended to read as follows:

      3.380  1.  The judge or judges of any district court may, with the approval of the board of county commissioners of any one or more of the counties comprising such district, in addition to the appointment of a court reporter as in this chapter provided, enter an order for the installation of sound recording equipment for use in any of the instances recited in NRS 3.320, for the recording of any civil and criminal proceedings, testimony, objections, rulings, exceptions, arraignments, pleas, sentences, statements and remarks made by the district attorney or judge, oral instructions given by the judge and any other proceedings occurring in civil or criminal actions or proceedings, or special proceedings whenever and wherever and to the same extent as any of such proceedings have heretofore under existing statutes been recorded by the official reporter or any special reporter or any reporter pro tempore appointed by the court.

      2.  For the purpose of operating such sound recording equipment , the court or judge may appoint or designate the official reporter or a special reporter or reporter pro tempore or the county clerk or clerk of the court or deputy clerk. The person so operating such sound recording equipment shall subscribe to an oath that he will well and truly operate the equipment so as to record all of the matters and proceedings.

      3.  The court may then designate the person operating such equipment or any other competent person to read the recording and to transcribe it into typewriting. The person transcribing the recording shall subscribe to an oath that he has truly and correctly transcribed it.

      4.  The transcript may be used for all purposes for which transcripts have heretofore been received and accepted under then existing statutes, including transcripts of testimony and transcripts of proceedings as constituting bills of exceptions or part of the bill of exceptions on appeals in all criminal cases and transcripts of the evidence or proceedings as constituting the record on appeal in civil cases and including transcripts of preliminary hearings before justices of the peace and other committing magistrates, and are subject to correction in the same manner as transcripts under existing statutes.

 


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ê2007 Statutes of Nevada, Page 1037 (Chapter 281, AB 55)ê

 

preliminary hearings before justices of the peace and other committing magistrates, and are subject to correction in the same manner as transcripts under existing statutes.

      5.  In civil and criminal cases when the court has ordered the use of such sound recording equipment, any party to the action, at his own expense, may provide a certified court reporter to [take down in shorthand] make a record of and transcribe all the matters of the proceeding. In such a case, the record prepared by sound recording is the official record of the proceedings, unless it fails or is incomplete because of equipment or operational failure, in which case the record prepared by the certified court reporter shall be deemed, for all purposes, the official record of the proceedings.

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

________

 

CHAPTER 282, AB 54

Assembly Bill No. 54–Committee on Transportation

 

CHAPTER 282

 

AN ACT relating to motor vehicles; requiring an applicant requesting the design, preparation and issuance of a special license plate to post a surety bond with the Department of Motor Vehicles; providing for the release of the surety bond in certain circumstances; requiring the Commission on Special License Plates to approve or disapprove changes in the distribution of additional fees generated by special license plates; and providing other matters properly relating thereto.

 

[Approved: June 1, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill requires a person submitting an application to the Department of Motor Vehicles for the design, preparation and issuance of a special license plate to post with the Department a surety bond in the amount of $5,000 to accompany the application. (NRS 482.367002) The Department is required to release the bond if the Department or the Commission on Special License Plates decides not to issue the plate, or after at least 1,000 plates are issued.

      Section 2 of this bill provides that the Commission shall: (1) approve or disapprove any proposed change in the distribution of money received in the form of additional fees that are charged in connection with the issuance or renewal of a special license plate; and (2) if it approves such a change and determines that legislation is required to carry out the change, request the assistance of the Legislative Counsel in the preparation of a bill draft. (NRS 482.367004)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.367002 is hereby amended to read as follows:

      482.367002  1.  A person may request that the Department design, prepare and issue a special license plate by submitting an application to the Department.

      2.  An application submitted to the Department pursuant to subsection 1:

      (a) Must be on a form prescribed and furnished by the Department;

 


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ê2007 Statutes of Nevada, Page 1038 (Chapter 282, AB 54)ê

 

      (b) [Must be accompanied by a petition containing the signatures of at least 1,000 persons who wish to obtain the special license plate;

      (c)] Must specify whether the special license plate being requested is intended to generate financial support for a particular cause or charitable organization and, if so, the name of the cause or charitable organization; [and]

      [(d)] (c) May be accompanied by suggestions for the design of and colors to be used in the special license plate [.] ; and

      (d) Must be accompanied by a surety bond posted with the Department in the amount of $5,000.

      3.  The Department may design and prepare a special license plate requested pursuant to subsection 1 if:

      (a) The Department determines that the application for that plate complies with subsection 2; and

      (b) The Commission on Special License Plates approves the application for that plate pursuant to subsection 5 of NRS 482.367004.

      4.  Except as otherwise provided in NRS 482.367008, the Department may issue a special license plate that:

      (a) The Department has designed and prepared pursuant to this section;

      (b) The Commission on Special License Plates has approved for issuance pursuant to subsection 5 of NRS 482.367004; and

      (c) Complies with the requirements of subsection 8 of NRS 482.270,

Ê for any passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with a special license plate issued pursuant to this section if that person pays the fees for personalized prestige license plates in addition to the fees for the special license plate.

      5.  The Department must promptly release the surety bond posted pursuant to subsection 2:

      (a) If the Department or the Commission on Special License Plates determines not to issue the special license plate; or

      (b) If it is determined that at least 1,000 special license plates have been issued pursuant to the assessment of the viability of the design of the special license plate conducted pursuant to NRS 482.367008.

      6.  If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 2.  NRS 482.367004 is hereby amended to read as follows:

      482.367004  1.  There is hereby created the Commission on Special License Plates consisting of five Legislators and three nonvoting members as follows:

      (a) Five Legislators appointed by the Legislative Commission:

 


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ê2007 Statutes of Nevada, Page 1039 (Chapter 282, AB 54)ê

 

             (1) One of whom is the Legislator who served as the Chairman of the Assembly Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in his place in his absence. The alternate must be another Legislator who also served on the Assembly Standing Committee on Transportation during the most recent legislative session.

             (2) One of whom is the Legislator who served as the Chairman of the Senate Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in his place in his absence. The alternate must be another Legislator who also served on the Senate Standing Committee on Transportation during the most recent legislative session.

      (b) Three nonvoting members consisting of:

             (1) The Director of the Department of Motor Vehicles, or his designee.

             (2) The Director of the Department of Public Safety, or his designee.

             (3) The Director of the Department of Cultural Affairs, or his designee.

      2.  Each member of the Commission appointed pursuant to paragraph (a) of subsection 1 serves a term of 2 years, commencing on July 1 of each odd-numbered year. A vacancy on the Commission must be filled in the same manner as the original appointment.

      3.  Members of the Commission serve without salary or compensation for their travel or per diem expenses.

      4.  The Director of the Legislative Counsel Bureau shall provide administrative support to the Commission.

      5.  The Commission shall approve or disapprove:

      (a) Applications for the design, preparation and issuance of special license plates that are submitted to the Department pursuant to subsection 1 of NRS 482.367002; and

      (b) The issuance by the Department of special license plates that have been designed and prepared pursuant to NRS 482.367002.

Ê In determining whether to approve such an application or issuance, the Commission shall consider, without limitation, whether it would be appropriate and feasible for the Department to, as applicable, design, prepare or issue the particular special license plate.

      6.  The Commission shall:

      (a) Approve or disapprove any proposed change in the distribution of money received in the form of additional fees. As used in this paragraph, “additional fees” means the fees that are charged in connection with the issuance or renewal of a special license plate for the benefit of a particular cause, fund or charitable organization. The term does not include registration and license fees or governmental services taxes.

      (b) If it approves a proposed change pursuant to paragraph (a) and determines that legislation is required to carry out the change, request the assistance of the Legislative Counsel in the preparation of a bill draft to carry out the change.

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

________

 


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ê2007 Statutes of Nevada, Page 1040ê

 

CHAPTER 283, AB 391

Assembly Bill No. 391–Assemblymen Munford, Parks, Arberry, Beers, Claborn, Grady, Hardy, Kihuen, Koivisto, Manendo, Marvel, McClain, Pierce, Segerblom and Stewart

 

CHAPTER 283

 

AN ACT relating to education; providing that the decisions of the Nevada Interscholastic Activities Association and certain of its designees must not be stayed by a court pending the court’s final judgment on the matter; and providing other matters properly relating thereto.

 

[Approved: June 1, 2007]

 

Legislative Counsel’s Digest:

      Existing law authorizes the county school districts to form the Nevada Interscholastic Activities Association, which controls, supervises and regulates all interscholastic athletic and other events in the public schools. (NRS 386.420-386.470) Under existing law, the Association is required to adopt rules and regulations to carry out its responsibilities, including, without limitation, an adequate process for reviewing and determining disputes. (NRS 386.430, 386.440) This bill provides that a decision of the Association or a designee of the Association that is authorized to make final decisions on disputes must not be stayed by a court pending the court’s final judgment on the matter.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 386.440 is hereby amended to read as follows:

      386.440  1.  The rules and regulations of the Nevada Interscholastic Activities Association adopted pursuant to NRS 386.430 must provide for adequate review procedures to determine and review disputes arising in regard to the Association’s decisions and activities.

      2.  A decision of the Nevada Interscholastic Activities Association or a decision of a person designated by the Association to review and make final decisions on disputes on behalf of the Association pursuant to the rules and regulations adopted pursuant to NRS 386.430 must not be stayed by a court pending the court’s final judgment on the matter.

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

________

 


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ê2007 Statutes of Nevada, Page 1041ê

 

CHAPTER 284, AB 41

Assembly Bill No. 41–Committee on Commerce and Labor

 

CHAPTER 284

 

AN ACT relating to podiatry; revising provisions relating to requirements for licenses to practice podiatry; eliminating certain obsolete provisions concerning examinations for licensure; revising the requirements for reinstatement of a delinquent license; providing that the insured under certain policies of health insurance is entitled under certain circumstances to reimbursement for the treatment of an illness by a podiatrist licensed by the Board; and providing other matters properly relating thereto.

 

[Approved: June 1, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill requires an applicant for a license to practice podiatry in this State who has been licensed to practice podiatry in another state to provide information concerning his disciplinary history in that state. Section 1 also authorizes the Board to require such an applicant to pass an examination concerning the laws of this State relating to the practice of podiatry or to satisfy other requirements. Sections 2, 4, 7 and 13 of this bill eliminate certain obsolete provisions concerning examinations for licensure. Section 8 of this bill revises the requirements to reinstate a license that has been delinquent for more than 1 year.

      Sections 9-12 of this bill provide that if a policy of health insurance, policy of group health insurance, contract for hospital or medical services, or evidence of coverage under a health care plan provides coverage for the treatment of an illness which is within the scope of practice of a qualified podiatrist, the insured is entitled to reimbursement for treatments by a podiatrist who is licensed by the Board.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 635 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to the other requirements for licensure set forth in this chapter, an applicant for a license to practice podiatry in this State who has been licensed to practice podiatry in another state or the District of Columbia must submit:

      (a) An affidavit signed by the applicant that:

             (1) Identifies each jurisdiction in which he has been licensed to practice; and

             (2) States whether a disciplinary proceeding has ever been instituted against him by the licensing board of that jurisdiction and, if so, the status of the proceeding; and

      (b) If the applicant is currently licensed to practice podiatry in another state or the District of Columbia, a certificate from the licensing board of that jurisdiction stating that the applicant is in good standing and no disciplinary proceedings are pending against him.

      2.  The Board may require an applicant who has been licensed to practice podiatry in another state or the District of Columbia to:

      (a) Pass an examination prescribed by the Board concerning the provisions of this chapter and any regulations adopted pursuant thereto; or

 


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ê2007 Statutes of Nevada, Page 1042 (Chapter 284, AB 41)ê

 

      (b) Submit satisfactory proof that:

             (1) He maintained an active practice in another state or the District of Columbia within the 5 years immediately preceding his application;

             (2) No disciplinary proceeding has ever been instituted against him by a licensing board in any jurisdiction in which he is licensed to practice podiatry; and

             (3) He has participated in a program of continuing education that is equivalent to the program of continuing education that is required pursuant to NRS 635.115 for podiatric physicians licensed in this State.

      Sec. 2.  NRS 635.020 is hereby amended to read as follows:

      635.020  1.  The State Board of Podiatry, consisting of five members appointed by the Governor, is hereby created.

      2.  The Governor shall appoint:

      (a) Three members who are licensed podiatric physicians in the State of Nevada.

      (b) One member who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member may be licensed under the provisions of this chapter.

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

             (1) A licensed podiatric physician in the State of Nevada; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a licensed podiatric physician in the State of Nevada.

      3.  The members of the Board are entitled to receive:

      (a) A salary of not more than $80 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      4.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      [5.  If a member is not licensed under the provisions of this chapter, the member shall not participate in preparing, conducting or grading any examination required by the Board.]

      Sec. 3.  NRS 635.050 is hereby amended to read as follows:

      635.050  1.  Any person [desiring] wishing to practice podiatry in this State must [furnish] , before beginning to practice, procure from the Board [with satisfactory proof that he:] a license to practice podiatry.

      2.  A license to practice podiatry may be issued by the Board to any person who:

      (a) Is of good moral character.

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

      (c) Has received the degree of D.P.M., Doctor of Podiatric Medicine, from an accredited school of podiatry.

      (d) Has completed a residency approved by the Board.

      (e) Has passed the examination given by the National Board of Podiatric Medical Examiners.

 


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ê2007 Statutes of Nevada, Page 1043 (Chapter 284, AB 41)ê

 

      (f) Has not committed any act described in subsection 2 of NRS 635.130. For the purposes of this paragraph, an affidavit signed by the applicant stating that he has not committed any act described in subsection 2 of NRS 635.130 constitutes satisfactory proof.

      [2.] 3.  An applicant [is entitled to be examined by] for a license to practice podiatry must submit to the Board or a committee thereof pursuant to such regulations as the Board may adopt [if he:

      (a) Pays the] :

      (a) The fee for an application for a license of not more than $600;

      (b) [Pays the fee for the examination for a license of not more than $200;

      (c) Submits proof] Proof satisfactory to the Board [as required by subsection 1; and

      (d) Submits all] that the requirements of subsection 2 have been met; and

      (c) All other information required by the Board to complete an application for a license.

Ê The Board shall, by regulation, establish the [fees] fee required to be paid pursuant to this subsection.

      [3.] 4.  The Board may reject an application if it appears that the applicant’s credentials are fraudulent or the applicant has practiced podiatry without a license or committed any act described in subsection 2 of NRS 635.130.

      [4.] 5.  The Board may require such further documentation or proof of qualification as it may deem proper.

      [5.] 6.  The provisions of this section do not apply to a person who applies for [a] :

      (a) A limited license to practice podiatry pursuant to NRS 635.075 [.] ; or

      (b) A provisional license to practice podiatry pursuant to NRS 635.082.

      Sec. 4.  NRS 635.070 is hereby amended to read as follows:

      635.070  Without unnecessary delay , [after the examination,] the Board shall act [on the examination.] upon an application for a license submitted pursuant to this chapter. If an applicant is found qualified, he must be issued a license to practice podiatry, or as a podiatry hygienist, as the case may be.

      Sec. 5.  NRS 635.075 is hereby amended to read as follows:

      635.075  1.  The Board shall issue a limited license to practice podiatry pursuant to this section to each applicant who complies with the provisions of this section.

      2.  An applicant for a limited license to practice podiatry must submit to the Board:

      (a) An application on a form provided by the Board;

      (b) A fee in the amount of the fee for an application for a license required pursuant to paragraph (a) of subsection [2] 3 of NRS 635.050; and

      (c) Satisfactory proof that he:

             (1) Is of good moral character;

             (2) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

             (3) For not less than 25 years:

                   (I) Was licensed to practice podiatry in one or more states or the District of Columbia and practiced podiatry during the period each such license was in effect; and

 


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ê2007 Statutes of Nevada, Page 1044 (Chapter 284, AB 41)ê

 

                   (II) Remained licensed in good standing at all times during the period he was licensed to practice podiatry; and

             (4) Has not committed any act described in subsection 2 of NRS 635.130. For the purposes of this subparagraph, an affidavit signed by the applicant stating that he has not committed any act described in subsection 2 of NRS 635.130 constitutes satisfactory proof.

      3.  An applicant for a limited license is not required to be licensed to practice podiatry in another state or the District of Columbia when he submits the application for a limited license to the Board.

      4.  A person who is issued a limited license pursuant to this section may practice podiatry only under the direct supervision of a podiatric physician who is licensed pursuant to this chapter and who does not hold a limited license issued pursuant to this section.

      5.  A limited license issued pursuant to this section:

      (a) Is effective upon issuance; and

      (b) May be renewed in the manner prescribed in NRS 635.110.

      6.  The Board may:

      (a) Place such restrictions and conditions upon a limited license issued pursuant to this section as the Board deems appropriate; and

      (b) Adopt regulations to carry out the provisions of this section.

      Sec. 6.  NRS 635.082 is hereby amended to read as follows:

      635.082  1.  A graduate of an accredited school of podiatry may, during his residency, be granted a [temporary] provisional license to practice podiatry under the direct supervision of a podiatric physician licensed to practice in this State. A [temporary] provisional license must not be effective for more than 1 year and is not renewable.

      2.  [An applicant for a] A [temporary] provisional license [must furnish] to practice podiatry may be issued by the Board [with satisfactory proof that he:] to any person who:

      (a) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

      (b) Has received the degree of D.P.M. (Doctor of Podiatric Medicine) from an accredited school of podiatry.

      (c) Has passed the examination given by the National Board of [Podiatry Examiners.

      3.  Upon payment of a fee, not exceeding $600, which] Podiatric Medical Examiners.

      3.  An applicant for a provisional license to practice podiatry must submit to the Board or a committee thereof pursuant to such regulations as the Board may adopt:

      (a) The fee for an application for a provisional license of not more than $600;

      (b) Proof satisfactory to the Board that the requirements of subsection 2 have been met; and

      (c) All other information required by the Board to complete an application for a provisional license.

      4.  The fee required pursuant to subsection 3 must be established by regulation of the Board . [, and the presentation of satisfactory proof as required by subsection 2, an applicant is entitled to be examined by the Board or a committee thereof pursuant to such regulations as the Board may adopt.

 


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ê2007 Statutes of Nevada, Page 1045 (Chapter 284, AB 41)ê

 

      4.] 5.  The Board may by regulation govern the issuance and conditions of the [temporary] provisional license.

      Sec. 7.  NRS 635.093 is hereby amended to read as follows:

      635.093  [1.]  Any person [desiring] wishing to be licensed as a podiatry hygienist in this State must [furnish] :

      1.  Furnish the Board with satisfactory proof that he:

      (a) Is of good moral character.

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

      (c) Has satisfactorily completed a course for podiatry hygienists approved by the Board or has had 6 months or more of training in a podiatric physician’s office as approved by the Board.

      2.  [Upon payment of a fee, not exceeding $100, which must be established by regulation of the Board, presenting satisfactory proof as required by subsection 1 and submitting] Submit all information required to complete an application for a license . [, an applicant, not exempted under subsection 3, must be examined by the Board or a committee thereof under such regulations as the Board may adopt.

      3.  The Board may, without examination, admit to practice as a podiatry hygienist a person who is employed by a podiatric physician and is:

      (a) A registered nurse; or

      (b) A licensed practical nurse whom the Board or any of its members have interviewed and observed in the use of practical skills.]

      3.  Pay to the Board a fee, not exceeding $100, which must be established by regulation of the Board.

      Sec. 8.  NRS 635.110 is hereby amended to read as follows:

      635.110  Except as otherwise provided in NRS 635.082:

      1.  A license issued under the provisions of this chapter expires on October 31 of each year. A license may be renewed before its expiration upon presentation of proof of:

      (a) Completion of the hours of continuing education required pursuant to NRS 635.115;

      (b) Current certification in the techniques of administering cardiopulmonary resuscitation;

      (c) Submission of all information required to complete the renewal; and

      (d) Payment of a renewal fee in an amount not to exceed $600 for a podiatric physician and not to exceed $100 for a podiatry hygienist. The Board shall, by regulation, establish the amount of each fee.

      2.  A license which is not renewed by October 31 of each year is delinquent. A delinquent license may be reinstated, at the discretion of the Board [, upon] :

      (a) Upon payment of the appropriate annual renewal fee and an additional [annual] fee for delinquency in an amount established by the Board [.] ; and

      (b) If the license is delinquent for more than 1 year, upon the holder of the delinquent license:

             (1) Passing an examination prescribed by the Board concerning the provisions of this chapter and any regulations adopted pursuant thereto; or

             (2) Submitting satisfactory proof that:

                   (I) He maintained an active practice in another state or the District of Columbia within the 5 years immediately preceding his application;

 


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ê2007 Statutes of Nevada, Page 1046 (Chapter 284, AB 41)ê

 

                   (II) No disciplinary proceeding has ever been instituted against him by a licensing board in any jurisdiction in which he is licensed to practice podiatry; and

                   (III) If he is a podiatric physician, he has participated in a program of continuing education that is equivalent to the program of continuing education required pursuant to NRS 635.115 for podiatric physicians licensed in this State.

      Sec. 9.  Chapter 689A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If any policy of health insurance provides coverage for treatment of an illness which is within the authorized scope of practice of a qualified podiatrist, the insured is entitled to reimbursement for treatments by a podiatrist who is licensed pursuant to chapter 635 of NRS.

      2.  The terms of the policy must not limit:

      (a) Coverage for treatments by a podiatrist to a number less than for treatments by other physicians.

      (b) Reimbursement for treatments by a podiatrist to an amount less than that reimbursed for similar treatments by other physicians.

      Sec. 10.  Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If any group policy of health insurance provides coverage for treatment of an illness which is within the authorized scope of practice of a qualified podiatrist, the insured is entitled to reimbursement for treatments by a podiatrist who is licensed pursuant to chapter 635 of NRS.

      2.  The terms of the policy must not limit:

      (a) Coverage for treatments by a podiatrist to a number less than for treatments by other physicians.

      (b) Reimbursement for treatments by a podiatrist to an amount less than that reimbursed for similar treatments by other physicians.

      Sec. 11.  Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If any contract for hospital or medical services provides coverage for treatment of an illness which is within the authorized scope of practice of a qualified podiatrist, the insured is entitled to reimbursement for treatments by a podiatrist who is licensed pursuant to chapter 635 of NRS.

      2.  The terms of the policy must not limit:

      (a) Coverage for treatments by a podiatrist to a number less than for treatments by other physicians.

      (b) Reimbursement for treatments by a podiatrist to an amount less than that reimbursed for similar treatments by other physicians.

      Sec. 12.  Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If any evidence of coverage provides coverage for treatment of an illness which is within the authorized scope of practice of a qualified podiatrist, the insured is entitled to reimbursement for treatments by a podiatrist who is licensed pursuant to chapter 635 of NRS.

      2.  The terms of the policy must not limit:

      (a) Coverage for treatments by a podiatrist to a number less than for treatments by other physicians.

 


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

ê2007 Statutes of Nevada, Page 1047 (Chapter 284, AB 41)ê

 

      (b) Reimbursement for treatments by a podiatrist to an amount less than that reimbursed for similar treatments by other physicians.

      Sec. 13.  NRS 635.060 is hereby repealed.

      Sec. 14.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 285, AB 51

Assembly Bill No. 51–Assemblyman Oceguera

 

CHAPTER 285

 

AN ACT relating to employment; requiring an employer or former employer of a person who is an applicant for a position as a firefighter with a fire-fighting agency to provide certain information regarding the applicant to the fire-fighting agency under certain circumstances; providing immunity from civil liability in certain circumstances for an employer or former employer who provides such information; revising provisions governing the sharing of information concerning applicants for certain positions with public safety agencies; and providing other matters properly relating thereto.

 

[Approved: June 1, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, a law enforcement agency is authorized to request an employer or former employer of a person who is an applicant for a position as a peace officer with the law enforcement agency to provide certain information regarding the employment history of the applicant to the law enforcement agency under certain circumstances. (NRS 239B.020) An employer is immune from civil liability under certain circumstances for providing such information. (NRS 41.755) This bill expands the authority to request information regarding the employment history of an applicant to fire-fighting agencies and extends immunity from civil liability to employers who disclose such information to fire-fighting agencies under certain circumstances. This bill also places restrictions on the sharing of information concerning applicants for certain positions with a public safety agency.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 239B.020 is hereby amended to read as follows:

      239B.020  1.  Upon the request of a [law enforcement] public safety agency, an employer shall provide to the [law enforcement] public safety agency information, if available, regarding a current or former employee of the employer who is an applicant for the position of firefighter or peace officer , as applicable, with the [law enforcement] public safety agency. A request for information by a [law enforcement] public safety agency pursuant to this subsection must be:

      (a) In writing;

      (b) Accompanied by an authorization signed by the applicant and notarized by a notary public or judicial officer in which the applicant consents to the release of the information; and

      (c) Presented to the employer by a sworn officer or other authorized representative of the [law enforcement] public safety agency.

 


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

ê2007 Statutes of Nevada, Page 1048 (Chapter 285, AB 51)ê

 

      2.  The information that a [law enforcement] public safety agency may request pursuant to subsection 1 includes, without limitation:

      (a) The date on which the applicant began his employment and, if applicable, the date on which the employment of the applicant was terminated;

      (b) A list of the compensation that the employer provided to the applicant during the course of the employment;

      (c) An application for a position of employment that the applicant submitted to the employer;

      (d) A written evaluation of the performance of the applicant;

      (e) A record of the attendance of the applicant;

      (f) A record of disciplinary action taken against the applicant;

      (g) A statement regarding whether the employer would rehire the applicant and, if the employer would not rehire the applicant, the reasons therefor; and

      (h) If applicable, a record setting forth the reason that the employment of the applicant was terminated and whether the termination was voluntary or involuntary.

      3.  An employer shall not provide information pursuant to subsection 1 if the disclosure of the information is prohibited pursuant to a federal or state statute or regulation.

      4.  A [law enforcement] public safety agency may use the information that it receives pursuant to this section only to determine the suitability of an applicant for employment as a firefighter or peace officer [.] , as applicable.

      5.  Except as otherwise provided in this subsection, a [law enforcement] public safety agency shall maintain the confidentiality of information that it receives pursuant to this section. A [law enforcement] public safety agency may share information regarding an applicant that it receives pursuant to this section with another [law enforcement] public safety agency if:

      (a) The applicant is also an applicant for a position as a firefighter or peace officer , as applicable, with the other [law enforcement] public safety agency [;] and the applicant submitted a single application to be used by multiple public safety agencies; and

      (b) The confidentiality of the information is otherwise maintained.

      6.  As used in this section:

      (a) “Employer” includes a public employer and a private employer.

      (b) [“Law enforcement agency” has the meaning ascribed to it in NRS 277.035.] “Firefighter” means a person who is a salaried employee of a fire-fighting agency and whose principal duties are to control, extinguish, prevent and suppress fires.

      (c) “Fire-fighting agency” means a public fire department, fire protection district or other agency of this State or a political subdivision of this State, the primary functions of which are to control, extinguish, prevent and suppress fires.

      [(c)] (d) “Peace officer” has the meaning ascribed to it in NRS 289.010.

      (e) “Public safety agency” means:

            (1) A fire-fighting agency; or

             (2) A law enforcement agency as defined in NRS 277.035.

      Sec. 2.  NRS 41.755 is hereby amended to read as follows:

      41.755  1.  Except as otherwise provided in subsection 3, an employer who, at the request of an employee, discloses information regarding:

      (a) The ability of the employee to perform his job;

 


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

ê2007 Statutes of Nevada, Page 1049 (Chapter 285, AB 51)ê

 

      (b) The diligence, skill or reliability with which the employee carried out the duties of his job; or

      (c) An illegal or wrongful act committed by the employee,

Ê to a prospective employer of that employee is immune from civil liability for such disclosure and its consequences.

      2.  Except as otherwise provided in subsection 3, an employer who discloses information regarding an employee to a [law enforcement] public safety agency pursuant to NRS 239B.020 is immune from civil liability for such disclosure and its consequences.

      3.  An employer is not immune from civil liability for a disclosure made pursuant to subsection 1 or NRS 239B.020 or for the consequences of a disclosure made pursuant to subsection 1 or NRS 239B.020 if the employer:

      (a) Acted with malice or ill will;

      (b) Disclosed information that he believed was inaccurate;

      (c) Disclosed information which he had no reasonable grounds for believing was accurate;

      (d) Recklessly or intentionally disclosed inaccurate information;

      (e) Deliberately disclosed misleading information; or

      (f) Disclosed information in violation of a state or federal law or in violation of an agreement with the employee.

      4.  As used in this section:

      (a) “Employee” means a person who currently renders or previously rendered time and services to an employer.

      (b) “Employer” includes an employee or agent of an employer who is authorized by the employer to disclose information regarding an employee.

      (c) “Public safety agency” has the meaning ascribed to it in NRS 239B.020.

________

 


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

ê2007 Statutes of Nevada, Page 1050ê

 

CHAPTER 286, AB 53

Assembly Bill No. 53–Committee on Commerce and Labor

 

CHAPTER 286

 

AN ACT relating to administrators of facilities for long-term care; revising provisions governing the authority of the Nevada State Board of Examiners for Administrators of Facilities for Long-Term Care to take disciplinary action against a person who holds a license; authorizing the Board to proceed with certain investigations, actions or disciplinary proceedings against persons with expired licenses; and providing other matters properly relating thereto.

 

[Approved: June 1, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides for the licensing of administrators of facilities for long-term care. (NRS 654.140-654.180)

      Under existing law, the Nevada State Board of Examiners for Administrators of Facilities for Long-Term Care may impose an administrative fine of not more than $2,500 on a person who holds a license and may suspend or revoke a license for various violations. (NRS 654.190) Section 3 of this bill increases the maximum amount of the administrative fine that the Board may impose to not more than $5,000 and authorizes the Board to recover reasonable investigative fees and costs, to place conditions on a license and to place a person who holds a license on probation. Section 3 also adds violations which would subject a person who holds a license to disciplinary action by the Board and provides that the expiration of a license or the voluntary surrender of a license does not deprive the Board of jurisdiction to continue disciplinary proceedings against the person who held the license.

      Existing law authorizes the reinstatement of a suspended license of an administrator of a residential facility for groups if a majority of the members of the Board vote in favor of the reinstatement. (NRS 654.195) Section 4 of this bill additionally authorizes reinstatement of the license if the person who held the license reapplies for the license and the Board determines that the person meets the requirements for the issuance of a license.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 654.028 is hereby amended to read as follows:

      654.028  “Nursing facility administrator” means a person who manages, supervises and is in general administrative charge of a facility for skilled nursing or facility for intermediate care [.] of patients.

      Sec. 2.  (Deleted by amendment.)

      Sec. 3.  NRS 654.190 is hereby amended to read as follows:

      654.190  1.  The Board may, after notice and a hearing as required by law, impose an administrative fine of not more than [$2,500 on and suspend or] $5,000 on, recover reasonable investigative fees and costs incurred from, suspend, revoke or place conditions on the license of , and place on probation any nursing facility administrator or administrator of a residential facility for groups who:

      (a) Is convicted of a felony relating to the practice of administering a nursing facility or residential facility or of any offense involving moral turpitude.

      (b) Has obtained his license by the use of fraud or deceit.

 


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

ê2007 Statutes of Nevada, Page 1051 (Chapter 286, AB 53)ê

 

      (c) Violates any of the provisions of this chapter.

      (d) Aids or abets any person in the violation of any of the provisions of NRS 449.001 to 449.240, inclusive, as those provisions pertain to a facility for skilled nursing, facility for intermediate care or residential facility for groups.

      (e) Violates any regulation of the Board prescribing additional standards of conduct for nursing facility administrators or administrators of residential facilities for groups [.] , including, without limitation, a code of ethics.

      (f) Engages in conduct that violates the trust of a patient or resident or exploits the relationship between the nursing facility administrator or administrator of a residential facility for groups and the patient or resident for the financial or other gain of the licensee.

      2.  The Board shall give a licensee against whom proceedings are brought pursuant to this section written notice of a hearing not less than 10 days before the date of the hearing.

      3.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      4.  The expiration of a license by operation of law or by order or decision of the Board or a court, or the voluntary surrender of a license, does not deprive the Board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.

      Sec. 4.  NRS 654.195 is hereby amended to read as follows:

      654.195  1.  Except as otherwise provided in subsection 2, the Board may reinstate the license of an administrator of a residential facility for groups that has been suspended by the Board if [a] :

      (a) A majority of the members of the Board vote in favor of the reinstatement [.] ; or

      (b) The person who held the license reapplies for a license as an administrator of a residential facility for groups pursuant to NRS 654.140 and the Board determines that the person meets the requirements of NRS 654.155.

      2.  The Board may reinstate a license of an administrator of a residential facility for groups that has been suspended pursuant to NRS 425.540 only if the holder of the license complies with the requirements for reinstatement set forth in NRS 654.193.

      3.  In a manner consistent with the provisions of chapter 622A of NRS, the Board may reinstate the license of an administrator of a residential facility for groups that has been revoked by the Board if all of the members of the Board vote in favor of reinstatement.

      Sec. 5.  NRS 654.195 is hereby amended to read as follows:

      654.195  1.  The Board may reinstate the license of an administrator of a residential facility for groups that has been suspended by the Board if [a] :

      (a) A majority of the members of the Board vote in favor of the reinstatement [.] ; or

      (b) The person who held the license reapplies for a license as an administrator of a residential facility for groups pursuant to NRS 654.140 and the Board determines that the person meets the requirements of NRS 654.155.

 


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

ê2007 Statutes of Nevada, Page 1052 (Chapter 286, AB 53)ê

 

      2.  In a manner consistent with the provisions of chapter 622A of NRS, the Board may reinstate the license of an administrator of a residential facility for groups that has been revoked by the Board if all of the members of the Board vote in favor of reinstatement.

      Sec. 6.  1.  This section and sections 1 to 4, inclusive, of this act become effective upon passage and approval.

      2.  Section 4 of this act expires by limitation on the date 2 years after the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

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

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

Ê are repealed by the Congress of the United States.

      3.  Section 5 of this act becomes effective 2 years after the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

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

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

Ê are repealed by the Congress of the United States.

________

 


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

ê2007 Statutes of Nevada, Page 1053ê

 

CHAPTER 287, AB 406

Assembly Bill No. 406–Assemblymen Koivisto, Parks, Conklin, Gerhardt, Kihuen, Kirkpatrick, Manendo, McClain, Ohrenschall, Pierce, Segerblom, Smith, Stewart and Womack

 

CHAPTER 287

 

AN ACT relating to marriage; revising the authority of the board of county commissioners of certain counties to designate a branch office of the county clerk at which marriage licenses may be issued; revising the requirements to obtain a marriage license; revising provisions governing the content of marriage licenses and certificates; and providing other matters properly relating thereto.

 

[Approved: June 1, 2007]

 

Legislative Counsel’s Digest:

      Existing law requires persons who wish to marry to obtain a license from the county clerk of any county in the State. This license must be issued at the seat of the county, unless the board of county commissioners, at the request of the county clerk, has designated a branch office of the county clerk at which marriage licenses may be issued. (NRS 122.040) Section 2 of this bill requires the board of county commissioners of a county whose population is 400,000 or more (currently Clark County) to designate one branch office of the county clerk at which marriage licenses may be issued, which must be established and maintained in an incorporated city whose population is 150,000 or more but less than 300,000 (currently Henderson). In addition, section 2 increases from two to not more than four the number of such branch offices that the board of county commissioners in a county whose population is 400,000 or more is authorized to designate.

      Existing law provides that, before issuing a marriage license, the county clerk may require the applicant to produce evidence that the applicant is of age. (NRS 122.040) Section 2 of this bill requires each applicant for a marriage license to provide proof of the applicant’s name and age by presenting certain documents to the county clerk.

      Existing law requires an applicant for a marriage license to answer under oath each question contained in the form of license and to include his social security number on the affidavit of application for a marriage license. (NRS 122.040) Section 2 of this bill requires both applicants for a marriage license to satisfy these requirements, unless the county clerk or a district court finds that extraordinary circumstances prevent one applicant from appearing before the county clerk, and authorizes the county clerk to issue the license if one applicant satisfies these requirements.

      Existing law prescribes the content of marriage licenses and marriage certificates. (NRS 122.050, 122.120) Section 3.5 of this bill requires a marriage license to include the name of each applicant as shown on the documents presented to provide proof of the applicant’s name and age. Section 4 of this bill requires a marriage certificate to include the date of birth of each applicant.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 2.  NRS 122.040 is hereby amended to read as follows:

      122.040  1.  Before persons may be joined in marriage, a license must be obtained for that purpose from the county clerk of any county in the State.

 


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

ê2007 Statutes of Nevada, Page 1054 (Chapter 287, AB 406)ê

 

Except as otherwise provided in this subsection, the license must be issued at the county seat of that county. The board of county commissioners:

      (a) In a county whose population is 400,000 or more [may,] :

             (1) Shall designate one branch office of the county clerk at which marriage licenses may be issued and shall establish and maintain the designated branch office in an incorporated city whose population is 150,000 or more but less than 300,000; and

             (2) May, in addition to the branch office described in subparagraph (1), at the request of the county clerk, designate [two] not more than four branch offices of the county clerk at which marriage licenses may be issued, if the designated branch offices are located outside of the county seat.

      (b) In a county whose population is less than 400,000 may, at the request of the county clerk, designate one branch office of the county clerk at which marriage licenses may be issued, if the designated branch office is established in a county office building which is located outside of the county seat.

      2.  Before issuing a marriage license, the county clerk [may require evidence that the applicant for the license is of age. The county clerk shall accept a statement under oath by the applicant and the applicant’s parent, if available, that the applicant is of age.] shall require each applicant to provide proof of the applicant’s name and age. The county clerk may accept as proof of the applicant’s name and age an original or certified copy of any of the following:

      (a) A driver’s license, instruction permit or identification card issued by this State or another state, the District of Columbia or any territory of the United States.

      (b) A passport.

      (c) A birth certificate and a secondary form of identification that contains the name of the applicant. If the birth certificate is written in a language other than English, the county clerk may request that the birth certificate be translated into English and notarized.

      (d) A military identification card or military dependent identification card issued by any branch of the Armed Forces of the United States.

      (e) A Certificate of Citizenship, Certificate of Naturalization, Permanent Resident Card or Temporary Resident Card issued by the United States Citizenship and Immigration Services of the Department of Homeland Security.

      (f) Any other document that the county clerk determines provides proof of the applicant’s name and age.

      3.  [The] Except as otherwise provided in subsection 4, the county clerk issuing the license shall require [the] each applicant to answer under oath each of the questions contained in the form of license . [, and, if the applicant cannot answer positively any questions with reference to the other person named in the license, the clerk shall require both persons named in the license to appear before him and to answer, under oath, the questions contained in the form of license.] The county clerk shall require [the] each applicant to include [his] the applicant’s social security number [and the social security number of the other person named in the license] on the affidavit of application for the marriage license. If [either] a person does not have a social security number, the person [responding to the question] must state that fact. The county clerk shall not require any evidence to verify a social security number.

 


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

ê2007 Statutes of Nevada, Page 1055 (Chapter 287, AB 406)ê

 

social security number. If any of the information required is unknown to the person , [responding to the question, he] the person must state that the answer is unknown.

      4.  Upon finding that extraordinary circumstances exist which result in only one applicant being able to appear before the county clerk, the county clerk may waive the requirements of subsection 3 with respect to the person who is unable to appear before the county clerk, or may refer the applicant to the district court. If the applicant is referred to the district court, the district court may waive the requirements of subsection 3 with respect to the person who is unable to appear before the county clerk. If the district court waives the requirements of subsection 3, the district court shall notify the county clerk in writing. If the county clerk or the district court waives the requirements of subsection 3, the county clerk shall require the applicant who is able to appear before the county clerk to:

      (a) Answer under oath each of the questions contained in the form of license. The applicant shall answer any questions with reference to the other person named in the license.

      (b) Include the applicant’s social security number and the social security number of the other person named in the license on the affidavit of application for the marriage license. If either person does not have a social security number, the person responding to the question must state that fact. The county clerk shall not require any evidence to verify a social security number.

Ê If any of the information required on the application is unknown to the person responding to the question, the person must state that the answer is unknown.

      5.  If any of the persons intending to marry are under age and have not been previously married, and if the authorization of a district court is not required, the clerk shall issue the license if the consent of the parent or guardian is:

      (a) Personally given before the clerk;

      (b) Certified under the hand of the parent or guardian, attested by two witnesses, one of whom must appear before the clerk and make oath that he saw the parent or guardian subscribe his name to the annexed certificate, or heard him or her acknowledge it; or

      (c) In writing, subscribed to and acknowledged before a person authorized by law to administer oaths. A facsimile of the acknowledged writing must be accepted if the original is not available.

      [5.] 6.  If the authorization of a district court is required, the county clerk shall issue the license if that authorization is given to him in writing.

      [6.] 7.  All records pertaining to marriage licenses are public records and open to inspection pursuant to the provisions of NRS 239.010.

      [7.] 8.  A marriage license issued on or after July 1, 1987, expires 1 year after its date of issuance.

      Sec. 3.  (Deleted by amendment.)

      Sec. 3.5.  NRS 122.050 is hereby amended to read as follows:

      122.050  The marriage license must contain the name of each applicant as shown in the documents presented pursuant to subsection 2 of NRS 122.040 and must be substantially in the following form:

 


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

ê2007 Statutes of Nevada, Page 1056 (Chapter 287, AB 406)ê

 

Marriage License

(Expires 1 Year After Issuance)

 

State of Nevada                                      }

                                                                    }ss.

County of................................................ }

 

      These presents are to authorize any minister who has obtained a certificate of permission, any Supreme Court justice or district judge within this State, or justice of the peace within a township wherein he is permitted to solemnize marriages or if authorized pursuant to subsection 3 of NRS 122.080, or a municipal judge if authorized pursuant to subsection 4 of NRS 122.080 or any commissioner of civil marriages or his deputy within a commissioner township wherein they are permitted to solemnize marriages, to join in marriage ........ of (City, town or location) ........, State of ........ State of birth (If not in U.S.A., name of country) ........; Date of birth ........ Father’s name ........ Father’s state of birth (If not in U.S.A., name of country) ........ Mother’s maiden name ........ Mother’s state of birth (If not in U.S.A., name of country) ........ Number of this marriage (1st, 2nd, etc.) ..... Wife deceased ........ Divorced ........ Annulled ........ When ........ Where ........ And ........ of (City, town or location) ........, State of ........ State of birth (If not in U.S.A., name of country) ........; Date of birth ........ Father’s name ........ Father’s state of birth (If not in U.S.A., name of country) ........ Mother’s maiden name ........ Mother’s state of birth (If not in U.S.A., name of country) ........ Number of this marriage (1st, 2nd, etc.) ..... Husband deceased ........ Divorced ........ Annulled ........ When ........ Where ........; and to certify the marriage according to law.

      Witness my hand and the seal of the county, this ..... day of the month of ………. of the year ............

 

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

(Seal)                                                                                             Clerk

 

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

                                                                                                 Deputy clerk

      Sec. 4.  NRS 122.120 is hereby amended to read as follows:

      122.120  1.  After a marriage is solemnized, the person solemnizing the marriage shall give to each couple being married a certificate of marriage.

      2.  The certificate of marriage must contain the date of birth of each applicant as contained in the form of marriage license pursuant to NRS 122.050. The certificate of marriage must be in substantially the following form:

 


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

ê2007 Statutes of Nevada, Page 1057 (Chapter 287, AB 406)ê

 

State of Nevada

Marriage Certificate

 

State of Nevada                                      }

                                                                    }ss.

County of................................................ }

 

      This is to certify that the undersigned, ................................ (a minister of the gospel, judge, justice of the peace of ................................ County, commissioner of civil marriages or deputy commissioner of civil marriages, as the case may be), did on the ................ day of the month of ………. of the year ..............., at ................ (address or church), ................ (city), Nevada, join in lawful wedlock ................ (name), of ................ (city), State of ................ , Date of birth ........, and ................ (name), of ................(city), State of ................ , Date of birth ........, with their mutual consent, in the presence of ................ and ................ (witnesses).

 

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

                                                                            Signature of person performing

(Seal of County Clerk)                                                    the marriage

 

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

                                                                          Name under signature typewritten

                                                                                    or printed in black ink

 

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

                        County Clerk

 

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

                                                                          Official title of person performing

                                                                                             the marriage

 

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

 

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

              Couple’s mailing address

 

      3.  All information contained in the certificate of marriage must be typewritten or legibly printed in black ink, except the signatures. The signature of the person performing the marriage must be an original signature.

      Sec. 5.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of section 2 of this act.

      Sec. 6.  This act becomes effective on January 1, 2008.

________

 


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

ê2007 Statutes of Nevada, Page 1058ê

 

CHAPTER 288, SB 277

Senate Bill No. 277–Senators Wiener, Amodei, Care, Horsford, McGinness and Washington

 

CHAPTER 288

 

AN ACT relating to traffic laws; authorizing the court to order certain offenders who plead guilty or nolo contendere to a third offense of driving under the influence of intoxicating liquor or a controlled substance to a program for the treatment of alcoholism or drug abuse; revising certain penalties for driving under the influence of intoxicating liquor or a controlled substance; and providing other matters properly relating thereto.

 

[Approved: June 1, 2007]

 

Legislative Counsel’s Digest:

      Existing law allows an offender who is found guilty of a first or second violation of driving under the influence of intoxicating liquor or a controlled substance to apply to the court to attend a certified program of treatment for alcoholism or drug abuse. (NRS 484.3792, 484.37937, 484.3794) Upon successful completion of the program, the court will reduce the sentence of the offender. (NRS 484.37937, 484.3794) However, no treatment option or reduced sentence is authorized for a third offense, which is a felony offense. (NRS 484.3792) This bill authorizes the court to order an offender who enters a plea of guilty or nolo contendere to a third-offense violation of driving under the influence of intoxicating liquor or a controlled substance to a program of treatment for a minimum of 3 years and to suspend further proceedings until the program of treatment is completed. If the offender successfully completes the program of treatment, his conviction will be reduced to a second-offense violation of driving under the influence of intoxicating liquor or a controlled substance, which is a misdemeanor. However, for the purpose of any additional penalties that may be imposed for subsequent offenses for driving under the influence of intoxicating liquor or a controlled substance, the offense will count as a third offense.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An offender who enters a plea of guilty or nolo contendere to a violation of NRS 484.379 that is punishable pursuant to paragraph (c) of subsection 1 of NRS 484.3792 may, at the time he enters his plea, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the Health Division of the Department of Health and Human Services for at least 3 years if:

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

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

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

      (b) The offender agrees to pay the costs of the treatment to the extent of his financial resources.

 


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ê2007 Statutes of Nevada, Page 1059 (Chapter 288, SB 277)ê

 

Ê An alcohol and drug abuse counselor or a physician who diagnoses an offender as an alcoholic or abuser of drugs shall make a report and recommendation to the court concerning the length and type of treatment required for the offender.

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

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

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

      (a) Immediately, without entering a judgment of conviction and with the consent of the offender, suspend further proceedings and place him on probation for not more than 5 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.

      (b) Advise the offender that:

             (1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for not more than 5 years and during treatment he may be confined in an institution or, at the discretion of the treatment facility, released for treatment or supervised aftercare in the community.

             (2) If he is not accepted for treatment by such a treatment facility, or if he fails to complete the treatment satisfactorily, the court will enter a judgment of conviction for a violation of paragraph (c) of subsection 1 of NRS 484.3792. Any sentence of imprisonment may be reduced by a time equal to that which he served before beginning treatment.

             (3) If he completes the treatment satisfactorily, the court will enter a judgment of conviction for a violation of paragraph (b) of subsection 1 of NRS 484.3792.

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

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

      (b) May enter a judgment of conviction and proceed as provided in paragraph (c) of subsection 1 of NRS 484.3792 for a violation of a condition ordered by the court.

      6.  To participate in a program of treatment, the offender must:

      (a) Serve not less than 6 months of residential confinement;

      (b) Install, at his own expense, a device for not less than 12 months;

      (c) Not drive any vehicle unless it is equipped with a device;

      (d) Agree to be subject to periodic testing for the use of alcohol or controlled substances while participating in a program of treatment; and

      (e) Agree to any other conditions that the court deems necessary.

 


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ê2007 Statutes of Nevada, Page 1060 (Chapter 288, SB 277)ê

 

      7.  An offender may not apply to the court to undergo a program of treatment for alcoholism or drug abuse pursuant to this section if he has previously applied to receive treatment pursuant to this section or if he has previously been convicted of:

      (a) A violation of NRS 484.3795;

      (b) A violation of NRS 484.37955;

      (c) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955;

      (d) A violation of paragraph (c) of subsection 1 of NRS 484.3792;

      (e) A violation of subsection 2 of NRS 484.3792; or

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

      8.  As used is this section:

      (a) “Device” has the meaning ascribed to it in NRS 484.3941.

      (b) “Treatment facility” has the meaning ascribed to it in NRS 484.3793.

      Sec. 2.  NRS 484.3792 is hereby amended to read as follows:

      484.3792  1.  Unless a greater penalty is provided pursuant to NRS 484.3795 or 484.37955, and except as otherwise provided in subsection 2, a person who violates the provisions of NRS 484.379:

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

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

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

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

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

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

             (1) Sentence him to:

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

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

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

 

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