[Rev. 3/18/2013 2:10:02 PM]

Link to Page 1632

 

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ê1997 Statutes of Nevada, Page 1633 (Chapter 447, AB 646)ê

 

      (e) Temporarily waive any requirement for a certificate or permit when an emergency exists as defined in NRS 706.561.

      2.  No personnel records of an employee of a fully regulated carrier, or of any other common, contract or private motor carrier may be examined pursuant to paragraph (d) of subsection 1 unless the records contain information relating to a matter of public safety or the commission and the department determine that the examination is required to protect the interests of the public.

      3.  The department may adopt regulations to ensure the payment of any fee due or authorized [under] pursuant to the provisions of this chapter.

      4.  As used in this section, “personnel records” does not include:

      (a) The name of the employee who is the subject of the record;

      (b) The gross compensation and perquisites of the employee;

      (c) Any record of the business expenses of the employee;

      (d) The title or any description of the position held by the employee;

      (e) The qualifications required for the position held by the employee;

      (f) The business address of the employee;

      (g) The telephone number of the employee at his place of business;

      (h) The work schedule of the employee;

      (i) The date on which the employee began his employment; and

      (j) If applicable, the date on which the employment of the employee was terminated.

      Sec. 87.  NRS 630A.300 and 695A.008 are hereby repealed.

      Sec. 88.  1.  This section and sections 1 to 3, inclusive, sections 5 to 13, inclusive, sections 15 to 19, inclusive, sections 21 to 29, inclusive, sections 33 to 87, inclusive, and section 89 of this act become effective upon passage and approval.

      2.  Sections 20, 30, 31 and 32 of this act become effective at 12:01 a.m. on July 1, 1997.

      3.  Sections 4 and 14 of this act become effective at 12:01 a.m. on October 1, 1997.

      Sec. 89.  In preparing the reprint of the Nevada Revised Statutes with respect to any section which is not amended by this act or is further amended by another act, and in the Nevada Administrative Code, the legislative counsel shall change any reference to:

      1.  “Reasonable man” to refer to “reasonable person”.

      2.  “Reasonable men” to refer to “reasonable persons”.

      3.  “Prudent man” to refer to “prudent person”.

      4.  “Prudent men” to refer to “prudent persons”.

      5.  “Man of prudence” to refer to “person of prudence”.

      6.  “Men of prudence” to refer to “persons of prudence”.

      7.  “Man of ordinary prudence” to refer to “person of ordinary prudence”.

      8.  “Men of ordinary prudence” to refer to “persons of ordinary prudence”.

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ê1997 Statutes of Nevada, Page 1634ê

 

CHAPTER 448, AB 77

Assembly Bill No. 77–Assemblymen Dini, Neighbors, Carpenter, de Braga, Marvel and Hettrick

CHAPTER 448

AN ACT relating to agricultural products; providing for the certification of organic agricultural products; providing a penalty; making an appropriation; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 587 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 17, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 17, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 11, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Administrator” means the administrator of the division of agriculture of the department of business and industry.

      Sec. 4.  “Animal product” includes dairy products, meat, wool, mohair and other livestock products, poultry and poultry products, apiary products and aquacultural products.

      Sec. 5.  “Certifying agent” means a person accredited by the administrator or the Secretary of Agriculture of the United States to certify a producer or handler for the purposes of the federal act or sections 2 to 17, inclusive, of this act.

      Sec. 6.  “Federal act” means the Organic Foods Production Act of 1990, 7 U.S.C. §§ 6501 et seq., as amended.

      Sec. 7.  “Handler” means a person who processes, packages, stores, transports or sells animal or vegetable products. The term does not include a final retailer who does not process animal or vegetable products.

      Sec. 8.  “Organic agricultural product” means an animal or vegetable product certified pursuant to the federal act or sections 2 to 17, inclusive, of this act.

      Sec. 9.  “Processing” means baking, churning, cutting, dehydrating, drying, eviscerating, extracting, fermenting, freezing, grinding, heating, mixing, preserving, separating, or otherwise manufacturing and includes enclosing food in a container.

      Sec. 10.  “Producer” means a person who engages in the business of growing or producing an animal or vegetable product.

      Sec. 11.  “Vegetable product” includes food, feed, seed, fibers and all other agricultural, horticultural and viticultural products.

      Sec. 12.  1.  The administrator shall establish a program for the certification of organic agricultural products. The program must cover all vegetable products and may cover animal products.

      2.  The governor and the administrator shall submit the program to the Secretary of Agriculture for approval pursuant to the federal act.


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ê1997 Statutes of Nevada, Page 1635 (Chapter 448, AB 77)ê

 

      Sec. 13.  1.  An advisory council for organic agricultural products is hereby created in the division of agriculture of the department of business and industry. The advisory council must consist of:

      (a) Four members who are producers or handlers of organic agricultural products;

      (b) One member who is a purchaser, consumer, or wholesale or retail seller of organic agricultural products; and

      (c) One member who represents an agricultural interest other than organic agricultural products.

      2.  The administrator shall nominate members for the advisory council and the state board of agriculture shall appoint the members.

      3.  The advisory council shall advise the administrator and the state board of agriculture concerning the administration of the program for the certification of organic agricultural products.

      Sec. 14.  1.  The state board of agriculture shall appoint three of the first members of the advisory council for organic agricultural products for terms of 2 years and three for terms of 3 years. After the expiration of the initial term, the term of office of each member is 3 years. A vacancy must be filled, for the unexpired term, by appointment of a member whose qualifications are the same as those of the member replaced. The advisory council shall elect a chairman and vice chairman from among its members. The administrator shall provide appropriate secretarial support and a place for the meetings of the advisory council.

      2.  The advisory council shall meet at least quarterly, upon the call of the administrator or the chairman. A majority of the members appointed to the advisory council constitutes a quorum.

      3.  For each day or portion of a day necessarily spent on the business of the advisory council, each member is entitled to receive:

      (a) Compensation, to be fixed by regulation of the state board of agriculture, which must not exceed $80 per day; and

      (b) The per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 15.  The state board of agriculture shall adopt appropriate regulations for the administration of the program for the certification of organic agricultural products, including:

      1.  Standards for the analysis, inspection and certification of organic agricultural products;

      2.  Records required of producers and handlers of organic agricultural products;

      3.  Standards for the certification of producers and handlers of organic agricultural products;

      4.  Lists of approved and prohibited substances for use in the production and handling of organic agricultural products;

      5.  Requirements for the use of a seal of approval for organic agricultural products produced in this state and standards for labeling those products; and

      6.  A schedule of fees for initial certification and inspection for continued certification as a producer or handler of organic agricultural products.


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ê1997 Statutes of Nevada, Page 1636 (Chapter 448, AB 77)ê

 

      Sec. 16.  In adopting regulations, the state board of agriculture shall consider the requirements of the federal act and the regulations adopted by neighboring states for the certification of organic agricultural products, to facilitate the movement of such products among the states and their marketability in each state.

      Sec. 17.  1.  The administrator, after giving at least 20 days’ written notice and the opportunity for a hearing, may impose, for a violation of this section or section 15 of this act or of a regulation adopted pursuant thereto, a civil penalty of not more than:

      (a) For the first violation, $200;

      (b) For the second violation, $1,500; and

      (c) For the third or subsequent violation, $3,000.

The administrator shall deposit any money collected as a penalty with the state treasurer for credit to the state general fund and may present a claim to the state board of examiners for recommendation to the interim finance committee for an allocation from the contingency fund if money is needed to pay attorney’s fees or the cost of an investigation.

      2.  A person shall not sell or offer for sale an agricultural product with the representation that it is organic if he knows or has reason to know that it has not been certified pursuant to the federal act or sections 2 to 17, inclusive, of this act.

      3.  A person who violates the provisions of subsection 2 is guilty of a misdemeanor.

      Sec. 18.  1.  There is hereby appropriated from the state general fund to the division of agriculture of the department of business and industry the sum of $10,000 for payment of compensation, per diem allowances and travel expenses of the advisory council for organic agricultural products.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 19.  The provisions of section 17 of this act do not apply to violations or offenses that are committed before the effective date of this act.

      Sec. 20.  This act becomes effective upon passage and approval.

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ê1997 Statutes of Nevada, Page 1637ê

 

CHAPTER 449, SB 99

Senate Bill No. 99–Committee on Judiciary

CHAPTER 449

AN ACT relating to sex offenders; requiring that the presentence investigation of certain sex offenders include a psychosexual evaluation; making appropriations; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 176 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  As used in sections 2 and 3 of this act and NRS 176.135 and 176.145, unless the context otherwise requires:

      1.  “Person professionally qualified to conduct psychosexual evaluations” means a person who has received training in conducting psychosexual evaluations and is:

      (a) A psychiatrist licensed to practice medicine in this state and certified by the American Board of Psychiatry and Neurology;

      (b) A psychologist licensed to practice in this state;

      (c) A social worker holding a master’s degree in social work and licensed in this state as a clinical social worker;

      (d) A registered nurse holding a master’s degree in the field of psychiatric nursing and licensed to practice professional nursing in this state; or

      (e) A marriage and family therapist licensed in this state pursuant to chapter 641A of NRS.

      2.  “Psychosexual evaluation” means an evaluation conducted pursuant to section 3 of this act.

      3.  “Sexual offense” means:

      (a) Sexual assault pursuant to NRS 200.366;

      (b) Statutory sexual seduction pursuant to NRS 200.368, if punished as a felony;

      (c) Battery with intent to commit sexual assault pursuant to NRS 200.400;

      (d) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation and is punished as a felony;

      (e) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;

      (f) Incest pursuant to NRS 201.180;

      (g) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195, if punished as a felony;

      (h) Open or gross lewdness pursuant to NRS 201.210, if punished as a felony;

      (i) Indecent or obscene exposure pursuant to NRS 201.220, if punished as a felony;

      (j) Lewdness with a child pursuant to NRS 201.230;

      (k) Sexual penetration of a dead human body pursuant to NRS 201.450;


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ê1997 Statutes of Nevada, Page 1638 (Chapter 449, SB 99)ê

 

      (l) Annoyance or molestation of a minor pursuant to NRS 207.260, if punished as a felony;

      (m) An attempt to commit an offense listed in paragraphs (a) to (l), inclusive, if punished as a felony; or

      (n) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or section 92 of Senate Bill No. 325 of this session.

      Sec. 3.  1.  If a defendant is convicted of a sexual offense, the division shall arrange for a psychosexual evaluation of the defendant as part of the division’s presentence investigation and report to the court.

      2.  The psychosexual evaluation of the defendant must be conducted by a person professionally qualified to conduct psychosexual evaluations.

      3.  The person who conducts the psychosexual evaluation of the defendant must use diagnostic tools that are generally accepted as being within the standard of care for the evaluation of sex offenders, and the psychosexual evaluation of the defendant must include:

      (a) A comprehensive clinical interview with the defendant;

      (b) A review of all investigative reports relating to the defendant’s sexual offense and all statements made by victims of that offense;

      (c) A review of records relating to previous criminal offenses committed by the defendant; and

      (d) A review of records relating to previous evaluations and treatment of the defendant.

      4.  The psychosexual evaluation of the defendant may include:

      (a) A review of the defendant’s records from school;

      (b) Interviews with the defendant’s parents, the defendant’s spouse or other persons who may be significantly involved with the defendant or who may have relevant information relating to the defendant’s background; and

      (c) The use of psychological testing, polygraphic examinations and arousal assessment.

      5.  The person who conducts the psychosexual evaluation of the defendant must be given access to all records of the defendant that are necessary to conduct the evaluation, and the defendant shall be deemed to have waived all rights of confidentiality and all privileges relating to those records for the limited purpose of the evaluation.

      6.  The person who conducts the psychosexual evaluation of the defendant shall prepare a comprehensive written report of the results of the evaluation and shall provide a copy of that report to the division.

      7.  If a psychosexual evaluation is conducted pursuant to this section, the court shall:

      (a) Order the defendant, to the extent of his financial ability, to pay for the cost of the psychosexual evaluation; or

      (b) If the defendant was less than 18 years of age when the sexual offense was committed and the defendant was certified and convicted as an adult, order the parents or guardians of the defendant, to the extent of their financial ability, to pay for the cost of the psychosexual evaluation. For the purposes of this paragraph, the court has jurisdiction over the parents or guardians of the defendant to the extent that is necessary to carry out the provisions of this paragraph.


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ê1997 Statutes of Nevada, Page 1639 (Chapter 449, SB 99)ê

 

      Sec. 4.  NRS 176.135 is hereby amended to read as follows:

      176.135  1.  [The] Except as otherwise provided in this section, the division shall make a presentence investigation and report to the court on each defendant who pleads guilty, guilty but mentally ill or nolo contendere to or is found guilty of a felony. [The]

      2.  If a defendant is convicted of a felony that is a sexual offense, the presentence investigation and report must be made before the imposition of sentence or the granting of probation and must include a psychosexual evaluation of the defendant.

      3.  If a defendant is convicted of a felony other than a sexual offense, the presentence investigation and report must be made before the imposition of sentence or the granting of probation [except when:] unless:

      (a) A sentence is fixed by a jury; or

      (b) Such an investigation and report on the defendant has been made by the division within the 5 years immediately preceding the date initially set for sentencing on the most recent offense.

      [2.]4.  Upon request of the court, the division shall make presentence investigations and reports on defendants who plead guilty, guilty but mentally ill or nolo contendere to or are found guilty of gross misdemeanors.

      Sec. 5.  NRS 176.145 is hereby amended to read as follows:

      176.145  1.  The report of the presentence investigation must contain:

      (a) Any prior criminal record of the defendant;

      (b) Such information about his characteristics, his financial condition, the circumstances affecting his behavior and the circumstances of the offense, as may be helpful in imposing sentence, in granting probation or in the correctional treatment of the defendant;

      (c) Information concerning the effect that the crime committed by the defendant has had upon the victim, including, but not limited to, any physical or psychological harm or financial loss suffered by the victim, to the extent that such information is available from the victim or other sources, but the provisions of this subsection do not require any particular examination or testing of the victim, and the extent of any investigation or examination is solely at the discretion of the court or division and the extent of the information to be included in the report is solely at the discretion of the division;

      (d) Information concerning whether the defendant has an obligation for the support of a child, and if so, whether he is in arrears in payment on that obligation;

      (e) Data or information concerning reports and investigations thereof made pursuant to chapter 432B of NRS that relate to the defendant and are made available pursuant to NRS 432B.290;

      (f) The results of the evaluation of the defendant conducted pursuant to NRS 484.3796, if an evaluation is required pursuant to that section;

      (g) A recommendation of a minimum term and a maximum term of imprisonment or other term of imprisonment authorized by statute, or a fine, or both;


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ê1997 Statutes of Nevada, Page 1640 (Chapter 449, SB 99)ê

 

      (h) A recommendation, if the division deems it appropriate, that the defendant undergo a program of regimental discipline pursuant to NRS 176.2248; [and]

      (i) A written report of the results of a psychosexual evaluation of the defendant, if the defendant is convicted of a sexual offense; and

      (j) Such other information as may be required by the court.

      2.  The division may include in the report such additional information as it believes will be helpful in imposing a sentence, in granting probation or in correctional treatment.

      Sec. 6.  1.  There is hereby appropriated from the state general fund to the division of parole and probation of the department of motor vehicles and public safety for carrying out the provisions of this act:

For the fiscal year 1997-1998................................................................            $29,122

For the fiscal year 1998-1999................................................................            $16,283

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 7.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 8.  The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.

      Sec. 9.  1.  This section and section 6 of this act become effective on July 1, 1997.

      2.  Sections 1 to 5, inclusive, 7 and 8 of this act become effective on October 1, 1997.

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CHAPTER 450, SB 113

Senate Bill No. 113–Committee on Judiciary

CHAPTER 450

AN ACT relating to offenders; requiring the director of the department of prisons to adopt regulations establishing a program to prevent an offender from possessing or receiving certain publications; providing for the random testing of offenders for use of alcohol or controlled substances; prohibiting sexual conduct between an offender and another person under certain circumstances; providing a penalty; making appropriations; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  The director shall adopt, with the approval of the board, regulations establishing and governing a program, to be carried out within each facility and institution, to prevent an offender from possessing or receiving a publication which is detrimental to his rehabilitation or which has the potential to disrupt security or promote violence or disorder in the facility or institution because the subject matter of the publication:

 


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ê1997 Statutes of Nevada, Page 1641 (Chapter 450, SB 113)ê

 

has the potential to disrupt security or promote violence or disorder in the facility or institution because the subject matter of the publication:

      (a) Is sexually explicit;

      (b) Is graphically violent; or

      (c) Encourages or glamorizes:

             (1) Crime;

             (2) The activities of a criminal gang; or

             (3) Violence against law enforcement, women, children or members of a particular religion, ethnic group or race.

      2.  The regulations must provide that if an offender is prohibited from possessing or receiving a publication pursuant to this section, the offender possessing or receiving the publication must be provided with notice of the determination and an opportunity to appeal the determination. An appeal may be summarily denied if the appeal involves a publication that is similar to a publication that previously has been prohibited.

      3.  The establishment of the program required pursuant to this section does not affect:

      (a) The authority of the department to review materials that are possessed or received by an offender, including, but not limited to, publications, for any other lawful purpose or reason; or

      (b) The procedures used by the department to conduct such reviews.

      4.  The department and its officers, employees and independent contractors are immune from liability for damages arising from an act or omission that allows an offender to possess or receive a publication that is prohibited pursuant to this section.

      5.  As used in this section:

      (a) “Criminal gang” has the meaning ascribed to it in NRS 213.1263.

      (b) “Publication” means a book, magazine, newsletter, bulletin, pamphlet or other similar item as determined by the director.

      Sec. 3.  1.  The director shall establish a program, to be carried out within each facility and institution, that provides for periodic testing of offenders for use of alcohol and controlled substances. The program must provide that the selection of offenders to be tested for use of alcohol and controlled substances must be made on a random basis.

      2.  The director shall adopt, with the approval of the board, regulations governing the operation of the program. The regulations must set forth the procedure for testing, including, but not limited to:

      (a) The types of tests to be used;

      (b) The manner in which a sample for a test is to be obtained;

      (c) The persons who are authorized to obtain a sample for a test; and

      (d) The method for preserving the chain of custody of a sample obtained for a test.

      3.  The department shall inform the offenders in each facility and institution of the requirement to submit to a test and the sanctions for refusing or failing to submit to a test and for using alcohol or a controlled substance. The department may provide this information through a general notice posted or distributed in each facility and institution.

      4.  The department may sanction, pursuant to subsection 5, an offender:

      (a) Who refuses or fails to submit to a test;


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ê1997 Statutes of Nevada, Page 1642 (Chapter 450, SB 113)ê

 

      (b) Whose test detects alcohol or a controlled substance;

      (c) Who manufactures, possesses, uses, sells, supplies, provides, distributes, conceals or stores alcohol or a controlled substance; or

      (d) Who attempts to manufacture, possess, use, sell, supply, provide, distribute, conceal or store alcohol or a controlled substance.

      5.  In addition to any other sanction or penalty that may be imposed pursuant to law or regulation, an offender who violates subsection 4 may be sanctioned by:

      (a) Forfeiture of all deductions of time earned by the offender before commission of the violation or forfeiture of such part of those deductions as the director considers just, pursuant to NRS 209.451; and

      (b) Denial of the privilege to have visitors for a specified period, as determined by the director.

      6.  If alcohol or a controlled substance is found in a facility or institution, the director may order that for a specified period:

      (a) The offenders housed in the general area where the alcohol or controlled substance is found; or

      (b) All offenders in the facility or institution,

be confined to their cells or housing units or be denied the privilege to have visitors, or both.

      7.  The establishment of the program to test offenders for use of alcohol and controlled substances pursuant to this section does not affect:

      (a) The authority of the department to test an offender for use of alcohol or a controlled substance for any other lawful purpose or reason; or

      (b) The procedures used by the department to conduct such tests.

      Sec. 4.  NRS 209.451 is hereby amended to read as follows:

      209.451  1.  If [any] an offender:

      (a) Commits [any] an assault upon his keeper or [any] a foreman, officer, offender or other person, or otherwise endangers life;

      (b) Is guilty of [any] a flagrant disregard of the regulations of the department or of the terms and conditions of his residential confinement;

      (c) Commits [any] a misdemeanor, gross misdemeanor or felony; or

      (d) In a civil action, in state or federal court, is found by the court to have presented a pleading, written motion or other document in writing to the court which:

             (1) Contains a claim or defense that is included for an improper purpose, including, without limitation, for the purpose of harassing his opponent, causing unnecessary delay in the litigation or increasing the cost of the litigation;

             (2) Contains a claim, defense or other argument which is not warranted by existing law or by a reasonable argument for a change in existing law or a change in the interpretation of existing law; or

             (3) Contains allegations or information presented as fact for which evidentiary support is not available or is not likely to be discovered after further investigation,

he forfeits all deductions of time earned by him before the commission of that offense or act, or forfeits such part of those deductions as the director considers just.


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ê1997 Statutes of Nevada, Page 1643 (Chapter 450, SB 113)ê

 

      2.  If [any] an offender commits a serious violation [of any] of the regulations of the department or of the terms and conditions of his residential confinement [,] or if an offender violates subsection 4 of section 3 of this act, he may forfeit all or part of such deductions, in the discretion of the director.

      3.  A forfeiture may be made only by the director after proof of the commission of an act prohibited pursuant to [subsection 1] this section and notice to the offender in the manner prescribed in the regulations of the department. The decision of the director regarding a forfeiture is final.

      4.  The director may restore credits forfeited for such reasons as he considers proper.

      Sec. 5.  NRS 212.187 is hereby amended to read as follows:

      212.187  1.  [It is unlawful for:

      (a)] A prisoner who is in lawful custody or confinement [to engage voluntarily] , other than residential confinement, and who voluntarily engages in sexual conduct with [a person who has custody of him or an employee of the institution in which he is confined; or

      (b)] another person is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      2.  A person who [has custody of a prisoner or who is an employee of an institution in which a prisoner is confined, to engage] voluntarily engages in sexual conduct with a prisoner [.

      2.]who is in lawful custody or confinement, other than residential confinement, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      3.  As used in this section, “ sexual [conduct means] conduct”:

      (a) Includes acts of masturbation, homosexuality, sexual intercourse or physical contact with [another’s] another person’s clothed or unclothed genitals or pubic area [.] to arouse, appeal to or gratify the sexual desires of a person.

      (b) Does not include acts of a person who has custody of a prisoner or an employee of the institution in which the prisoner is confined that are performed to carry out the necessary duties of such a person or employee.

      Sec. 6.  1.  There is hereby appropriated from the state general fund to the department of prisons for carrying out the provisions of this act:

For the fiscal year 1997-1998......................................................................... $257,277

For the fiscal year 1998-1999......................................................................... $274,384

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 7.  The amendatory provisions of section 5 of this act do not apply to offenses that are committed before October 1, 1997.

      Sec. 8.  1.  This section and section 6 of this act become effective on July 1, 1997.

      2.  Sections 1 to 5, inclusive, and 7 of this act become effective on October 1, 1997.

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ê1997 Statutes of Nevada, Page 1644ê

 

CHAPTER 451, SB 325

Senate Bill No. 325–Committee on Judiciary

CHAPTER 451

AN ACT relating to the criminal justice system; establishing a statewide registry of sex offenders and offenders convicted of certain crimes against children; establishing a program to provide the public with access to certain information in the statewide registry; providing for the registration of offenders convicted of certain crimes against children; revising the provisions governing the registration of sex offenders; revising the provisions governing community notification and providing for community notification concerning certain juvenile sex offenders; requiring that motion picture theaters and certain businesses that primarily have children as customers be provided with a photograph of certain sex offenders who have committed sexual offenses against children; requiring that certain conditions of probation and parole be imposed upon certain sex offenders; expanding the provisions relating to genetic marker testing of certain offenders; imposing a fee for genetic marker testing upon certain offenders; prohibiting the sealing of criminal records in certain circumstances; providing penalties; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Title 14 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 20, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 15, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  (Deleted by amendment.)

      Sec. 4.  “Central repository” means the central repository for Nevada records of criminal history.

      Sec. 5.  “Crime against a child” has the meaning ascribed to it in section 34 of this act.

      Sec. 6.  “Department” means the department of motor vehicles and public safety.

      Sec. 7.  “Director” means the director of the department.

      Sec. 8.  “Division” means the division of parole and probation of the department.

      Sec. 9.  “Law enforcement officer” includes, but is not limited to:

      1.  A prosecuting attorney or an attorney from the office of the attorney general;

      2.  A sheriff of a county or his deputy;

      3.  An officer of a metropolitan police department or a police department of an incorporated city;

      4.  An officer of the division;

      5.  An officer of the department of prisons;

      6.  An officer of a law enforcement agency from another jurisdiction; or


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ê1997 Statutes of Nevada, Page 1645 (Chapter 451, SB 325)ê

 

      7.  Any other person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, if the person is seeking information as part of a criminal investigation.

      Sec. 10.  “Program” means the program established within the central repository pursuant to section 18 of this act to provide the public with access to certain information contained in the statewide registry.

      Sec. 11.  “Record of registration” means a record of registration that contains the information required by section 31 of this act.

      Sec. 11.5.  “Requester” means a person who requests information from the program.

      Sec. 12.  “Sex offender” has the meaning ascribed to it in section 47 of this act.

      Sec. 13.  “Sexual offense” has the meaning ascribed to it in section 48 of this act.

      Sec. 14.  “Statewide registry” means the statewide registry of sex offenders and offenders convicted of a crime against a child established within the central repository pursuant to section 17 of this act.

      Sec. 15.  “Subject of the search” means the person about whom a requester seeks information.

      Sec. 16.  (Deleted by amendment.)

      Sec. 17.  1.  The director shall establish within the central repository a statewide registry of sex offenders and offenders convicted of a crime against a child that consists of the record of registration for each such offender and all other information concerning each such offender that is obtained pursuant to law.

      2.  On or before January 1, 1998, the statewide registry must be organized so that a law enforcement officer may search the records of registration in the registry by entering certain search information, including, but not limited to:

      (a) A name, alias, physical description or address of an offender.

      (b) A geographic location where an offense was committed.

      (c) The age, gender, race or general physical description of a victim.

      (d) The method of operation used by an offender, including, but not limited to:

             (1) The specific sexual acts committed against a victim;

             (2) The method of obtaining access to a victim, such as the use of enticements, threats, forced entry or violence against a victim;

             (3) The type of injuries inflicted on a victim;

             (4) The types of instruments, weapons or objects used;

             (5) The type of property taken; and

             (6) Any other distinctive characteristic of the behavior or personality of an offender.

      3.  Except as otherwise provided in this subsection or by specific statute, information in the statewide registry may be accessed only by a law enforcement officer in the regular course of his duties and officers and employees of the central repository. The director may permit the following persons to have access to information in the statewide registry:


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ê1997 Statutes of Nevada, Page 1646 (Chapter 451, SB 325)ê

 

      (a) Except as otherwise provided in chapter 179A of NRS or by specific statute, an officer or employee of a governmental agency that is investigating the background of a person for the purposes of employment.

      (b) Any other person for the limited purposes of research or statistical analysis.

      4.  Information contained in the statewide registry, including, but not limited to, the record of registration of an offender, shall be deemed a record of criminal history only for the purposes of those provisions of chapter 179A of NRS that are consistent with the provisions of this chapter.

      Sec. 18.  1.  On or before January 1, 1998, the department shall, in a manner prescribed by the director, establish within the central repository a program to provide the public with access to certain information contained in the statewide registry.

      2.  Before a search of the statewide registry is conducted on behalf of a requester seeking information from the program, the requester must provide his name, address and telephone number and the following information concerning the identity of the subject of the search:

      (a) The name of the subject of the search and at least one of the following items:

             (1) The social security number of the subject of the search;

             (2) The identification number from a driver’s license or an identification card issued to the subject of the search by this state; or

             (3) The date of birth of the subject of the search; or

      (b) The name and address of the subject of the search and all of the following items:

             (1) The race or ethnicity of the subject of the search;

             (2) The hair color and eye color of the subject of the search;

             (3) The approximate height and weight of the subject of the search; and

             (4) The approximate age of the subject of the search.

After conducting a search based upon information provided pursuant to paragraph (a) or (b), the central repository may require the requester to provide additional information to confirm the identity of the subject of the search. The additional information may include, but is not limited to, the license number from a motor vehicle frequently driven by the subject of the search, the employer of the subject of the search or any information listed in paragraph (a) or (b) that was not provided for the initial search.

      3.  After conducting a search of the statewide registry on behalf of a requester, the central repository shall inform the requester that:

      (a) No person listed in the statewide registry matches the information provided by the requester concerning the identity of the subject of the search;

      (b) The requester needs to provide additional information concerning the identity of the subject of the search before the central repository may disclose the results of the search; or

      (c) A person listed in the statewide registry matches the information provided by the requester concerning the identity of the subject of the search. If a search of the statewide registry results in a match pursuant to this paragraph, the central repository shall inform the requester of each offense for which the subject of the search was convicted and the date and location of each conviction.


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ê1997 Statutes of Nevada, Page 1647 (Chapter 451, SB 325)ê

 

offense for which the subject of the search was convicted and the date and location of each conviction. The central repository shall not provide the requester with any other information that is included in the record of registration for the subject of the search.

      4.  For each inquiry to the program, the central repository shall:

      (a) Charge a fee to the requester;

      (b) Maintain a log of the information provided by the requester to the central repository and the information provided by the central repository to the requester; and

      (c) Inform the requester that information obtained through the program may not be used to violate the law or the individual rights of another person and that such misuse of information obtained through the program may subject the requester to criminal prosecution or civil liability for damages.

      5.  A person may not use information obtained through the program as a substitute for information relating to sexual offenses that must be provided by the central repository pursuant to NRS 179A.190 to 179A.240, inclusive, or another provision of law.

      Sec. 19.  All money received by the central repository from operation of the program must be used as provided in subsection 3 of NRS 179A.140.

      Sec. 20.  1.  Information in the statewide registry that is accessed or disclosed pursuant to the provisions of this chapter must not reveal the name of an individual victim of an offense.

      2.  The central repository and its officers and employees are immune from criminal or civil liability for an act or omission relating to information obtained, maintained or disclosed pursuant to the provisions of this chapter, including, but not limited to, an act or omission relating to:

      (a) The accuracy of information in the statewide registry; or

      (b) The disclosure of or the failure to disclose information in the statewide registry.

      3.  A law enforcement agency and its officers and employees are immune from criminal or civil liability for an act or omission relating to information obtained pursuant to the provisions of this chapter, including, but not limited to, an act or omission relating to:

      (a) The accuracy of information obtained from the statewide registry; or

      (b) The disclosure of or the failure to disclose information obtained from the statewide registry.

      Sec. 21.  Title 14 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 22 to 77, inclusive, of this act.

      Sec. 22.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 23 to 30, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 23.  “Central repository” means the central repository for Nevada records of criminal history.

      Sec. 24.  “Community notification” means notification of a community pursuant to the guidelines and procedures established by the attorney general pursuant to sections 61 to 76, inclusive, of this act.

      Sec. 25.  “Division” means the division of parole and probation of the department of motor vehicles and public safety.


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ê1997 Statutes of Nevada, Page 1648 (Chapter 451, SB 325)ê

 

      Sec. 26.  “Local law enforcement agency” means:

      1.  The sheriff’s office of a county;

      2.  A metropolitan police department; or

      3.  A police department of an incorporated city.

      Sec. 27.  1.  “Offense that poses a threat to the safety or well-being of others” includes, but is not limited to, an offense that involves:

      (a) A victim less than 18 years of age;

      (b) A crime against a child as defined in section 34 of this act;

      (c) A sexual offense as defined in section 48 of this act;

      (d) A deadly weapon, explosives or a firearm;

      (e) The use or threatened use of force or violence;

      (f) Physical or mental abuse;

      (g) Death or bodily injury;

      (h) An act of domestic violence;

      (i) Harassment, stalking, threats of any kind or other similar acts;

      (j) The forcible or unlawful entry of a home, building, structure, vehicle or other real or personal property; or

      (k) The infliction or threatened infliction of damage or injury, in whole or in part, to real or personal property.

      2.  The term includes any offense listed in subsection 1 that is committed in this state or another jurisdiction, including, but not limited to, an offense prosecuted in:

      (a) A tribal court.

      (b) A court of the United States or the Armed Forces of the United States.

      Sec. 28.  “Record of registration” means a record of registration that contains the information required by section 31 of this act.

      Sec. 29.  “Release” means release from incarceration or confinement. The term includes, but is not limited to:

      1.  Release on probation, parole or any other type of supervised release.

      2.  Release after a term of incarceration expires.

      3.  Release from confinement in a school, hospital, mental facility or other institution.

      Sec. 30.  “Resides” means the place where an offender resides or, if the offender is incarcerated or confined, the place where the offender will reside upon release.

      Sec. 31.  Except as otherwise provided in section 58 of this act, a record of registration must include, if the information is available:

      1.  Information identifying the offender, including, but not limited to:

      (a) The name of the offender and all aliases that he has used or under which he has been known;

      (b) A complete physical description of the offender, a current photograph of the offender and the fingerprints of the offender;

      (c) The date of birth and the social security number of the offender;

      (d) The identification number from a driver’s license or an identification card issued to the offender by this state or any other jurisdiction; and

      (e) Any other information that identifies the offender.

      2.  Information concerning the residence of the offender, including, but not limited to:


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ê1997 Statutes of Nevada, Page 1649 (Chapter 451, SB 325)ê

 

      (a) The address at which the offender resides;

      (b) The length of time he has resided at that address and the length of time he expects to reside at that address;

      (c) The address or location of any other place where he expects to reside in the future and the length of time he expects to reside there; and

      (d) The length of time he expects to remain in the county where he resides and in this state.

      3.  Information concerning employment or expected employment of the offender, including, but not limited to, the name, address and type of business of all current and expected future employers of the offender.

      4.  The license number and a description of all motor vehicles registered to or frequently driven by the offender.

      5.  The level of community notification assigned to the offender.

      6.  The following information for each offense for which the offender has been convicted:

      (a) The court in which he was convicted;

      (b) The name under which he was convicted;

      (c) The name and location of each hospital or penal institution to which he was committed;

      (d) The specific location where the offense was committed;

      (e) The age, the gender, the race and a general physical description of the victim; and

      (f) The method of operation that was used to commit the offense, including, but not limited to:

             (1) Specific sexual acts committed against the victim;

             (2) The method of obtaining access to the victim, such as the use of enticements, threats, forced entry or violence against the victim;

             (3) The type of injuries inflicted on the victim;

             (4) The types of instruments, weapons or objects used;

             (5) The type of property taken; and

             (6) Any other distinctive characteristic of the behavior or personality of the offender.

      Sec. 32.  1.  Except as otherwise provided by specific statute, a record of registration may be inspected only by a law enforcement officer in the regular course of his duties or by the offender named in the record of registration.

      2.  As used in this section, “law enforcement officer” includes, but is not limited to:

      (a) A prosecuting attorney or an attorney from the office of the attorney general;

      (b) A sheriff of a county or his deputy;

      (c) An officer of a metropolitan police department or a police department of an incorporated city;

      (d) An officer of the division;

      (e) An officer of the department of prisons;

      (f) An officer of a law enforcement agency from another jurisdiction; or

      (g) Any other person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, if the person is seeking information as part of a criminal investigation.


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ê1997 Statutes of Nevada, Page 1650 (Chapter 451, SB 325)ê

 

      Sec. 32.5.  Upon receiving from the division, pursuant to sections 22 to 60, inclusive, of this act:

      1.  A record of registration;

      2.  Fingerprints or a photograph of an offender;

      3.  A new address of an offender; or

      4.  Any other updated information,

the central repository shall immediately provide the record of registration, fingerprints, photograph, new address or updated information to the Federal Bureau of Investigation.

      Sec. 33.  As used in sections 33 to 41, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 34 and 35 of this act have the meanings ascribed to them in those sections.

      Sec. 34.  “Crime against a child” means any of the following offenses if the victim of the offense was less than 18 years of age when the offense was committed:

      1.  Kidnaping pursuant to NRS 200.310 to 200.340, inclusive, unless the offender is the parent of the victim.

      2.  False imprisonment pursuant to NRS 200.460, unless the offender is the parent of the victim.

      3.  An offense involving pandering or prostitution pursuant to NRS 201.300 to 201.340, inclusive.

      4.  An attempt to commit an offense listed in this section.

      5.  An offense committed in another jurisdiction that, if committed in this state, would be an offense listed in this section. This subsection includes, but is not limited to, an offense prosecuted in:

      (a) A tribal court.

      (b) A court of the United States or the Armed Forces of the United States.

      Sec. 35.  “Registration” means registration as an offender convicted of a crime against a child pursuant to sections 33 to 41, inclusive, of this act.

      Sec. 36.  1.  If the division receives notice from a court pursuant to section 82 of this act that an offender has been convicted of a crime against a child, the division shall:

      (a) If a record of registration has not previously been established for the offender by the division, establish a record of registration for the offender and provide a copy of the record of registration to the central repository; or

      (b) If a record of registration has previously been established for the offender by the division, update the record of registration for the offender and provide a copy of the record of registration to the central repository.

      2.  If the offender named in the notice will be granted probation or otherwise will not be incarcerated or confined, the central repository shall immediately provide a copy of the record of registration for the offender to the local law enforcement agency in whose jurisdiction the offender resides or, if the offender resides in a jurisdiction which is outside of this state and which requires registration, to the appropriate law enforcement agency in that jurisdiction.

      3.  If the offender named in the notice is incarcerated or confined, before the offender is released:

      (a) The division shall:


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ê1997 Statutes of Nevada, Page 1651 (Chapter 451, SB 325)ê

 

             (1) Inform the offender of the requirements for registration, including, but not limited to:

                   (I) The duty to register in this state and, if he moves from this state to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction if the other jurisdiction requires registration; and

                   (II) The duty to notify the division, in writing, if he changes the address at which he resides, including if he moves from this state to another jurisdiction;

             (2) Require the offender to read and sign a form confirming that the requirements for registration have been explained to him; and

             (3) Update the record of registration for the offender and provide a copy of the record of registration to the central repository; and

      (b) The central repository shall provide a copy of the record of registration for the offender to the local law enforcement agency in whose jurisdiction the offender will reside upon release or, if the offender will reside upon release in a jurisdiction which is outside of this state and which requires registration, to the appropriate law enforcement agency in that jurisdiction.

      4.  If requested by the division, the department of prisons or a local law enforcement agency in whose facility the offender is incarcerated shall provide the offender with the information and the confirmation form required by paragraph (a) of subsection 3.

      5.  The failure to provide an offender with the information or confirmation form required by paragraph (a) of subsection 3 does not affect the duty of the offender to register and to comply with all other provisions for registration.

      6.  If the central repository receives notice from another jurisdiction or the Federal Bureau of Investigation that an offender convicted of a crime against a child is now residing within this state:

      (a) The central repository shall immediately notify the division and the local law enforcement agency in whose jurisdiction the offender resides;

      (b) The division shall establish a record of registration for the offender and provide a copy of the record of registration to the central repository; and

      (c) The central repository shall provide a copy of the record of registration for the offender to the local law enforcement agency in whose jurisdiction the offender resides.

      Sec. 37.  1.  In addition to any other registration that is required pursuant to section 36 of this act, each offender who, after July 1, 1956, is or has been convicted of a crime against a child shall register with a local law enforcement agency pursuant to the provisions of this section.

      2.  Except as otherwise provided in subsection 3, if the offender resides or is present for 48 hours or more within:

      (a) A county; or

      (b) An incorporated city that does not have a city police department,

the offender shall register with the sheriff’s office of the county or, if the county or the city is within the jurisdiction of a metropolitan police department, the metropolitan police department, not later than 48 hours after arriving or establishing a residence within the county or the city.


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ê1997 Statutes of Nevada, Page 1652 (Chapter 451, SB 325)ê

 

department, the metropolitan police department, not later than 48 hours after arriving or establishing a residence within the county or the city.

      3.  If the offender resides or is present for 48 hours or more within an incorporated city that has a city police department, the offender shall register with the city police department not later than 48 hours after arriving or establishing a residence within the city.

      4.  To register with a local law enforcement agency pursuant to this section, the offender shall:

      (a) Appear personally at the office of the appropriate local law enforcement agency;

      (b) Provide all information that is requested by the local law enforcement agency, including, but not limited to, fingerprints and a photograph; and

      (c) Sign and date the record of registration or some other proof of registration in the presence of an officer of the local law enforcement agency.

      5.  When an offender registers, the local law enforcement agency shall inform the offender of the duty to notify the division of a change of address and shall provide the offender with the address of the division.

      6.  After the offender registers, the local law enforcement agency shall notify the division of the registration. If the division has not previously established a record of registration for the offender:

      (a) The division shall establish a record of registration for the offender and provide a copy of the record of registration to the central repository; and

      (b) The central repository shall provide a copy of the record of registration for the offender to the local law enforcement agency in whose jurisdiction the offender resides.

      Sec. 38.  1.  If an offender convicted of a crime against a child changes the address at which he resides, including moving from this state to another jurisdiction, not later than 48 hours after changing his address, the offender shall provide his new address, in writing, to the division and shall provide all other information that is relevant to updating his record of registration, including, but not limited to, any change in his name, employment or driver’s license and any change in the license number or description of a motor vehicle registered to or frequently driven by him.

      2.  Upon receiving a change of address from an offender, the division shall immediately provide the new address and any updated information to the central repository and:

      (a) If the offender is still residing within this state, the central repository shall immediately provide a copy of the record of registration for the offender to the local law enforcement agency in whose jurisdiction the offender is now residing and shall notify the local law enforcement agency in whose jurisdiction the offender last resided; or

      (b) If the offender moved from this state to another jurisdiction that requires registration, the central repository shall immediately provide a copy of the record of registration to the appropriate law enforcement agency in the other jurisdiction and shall notify the local law enforcement agency in whose jurisdiction the offender last resided.


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ê1997 Statutes of Nevada, Page 1653 (Chapter 451, SB 325)ê

 

      Sec. 39.  1.  Except as otherwise provided in subsection 4, each year, on the anniversary of the date that the division establishes a record of registration for the offender, the central repository shall mail to the offender, at the address last registered by the offender, a nonforwardable verification form. The offender shall complete and sign the form and mail the form to the central repository not later than 10 days after receipt of the form to verify that he still resides at the address he last registered.

      2.  An offender shall include with each verification form a current set of fingerprints, a current photograph and all other information that is relevant to updating his record of registration, including, but not limited to, any change in his name, employment or driver’s license and any change in the license number or description of a motor vehicle registered to or frequently driven by him. The central repository shall provide all updated information to the division and the local law enforcement agency in whose jurisdiction the offender resides.

      3.  If the central repository does not receive a verification form from an offender and otherwise cannot verify the address or location of the offender, the central repository shall immediately notify the division and the local law enforcement agency in whose jurisdiction the offender last resided.

      4.  The central repository is not required to complete the mailing pursuant to subsection 1 if the offender is incarcerated or confined or has moved from this state to another jurisdiction.

      Sec. 40.  1.  An offender convicted of a crime against a child shall comply with the provisions for registration for as long as the offender resides or is present within this state, unless the duty of the offender to register is terminated pursuant to the provisions of this section.

      2.  Except as otherwise provided in subsection 5, if an offender complies with the provisions for registration for an interval of at least 15 consecutive years during which he is not convicted of an offense that poses a threat to the safety or well-being of others, the offender may file with the district court in whose jurisdiction he resides a petition to terminate his duty to register. For the purposes of this subsection, registration begins on the date that the division establishes a record of registration for the offender or the date that the offender is released, whichever occurs later.

      3.  If the offender satisfies the requirements of subsection 2, the court shall hold a hearing on the petition at which the offender and any other interested person may present witnesses and other evidence. If the court determines from the evidence presented at the hearing that the offender is not likely to pose a threat to the safety of others, the court shall terminate the duty of the offender to register.

      4.  If the court does not terminate the duty of the offender to register after a petition is heard pursuant to subsections 2 and 3, the offender may file another petition after each succeeding interval of 5 consecutive years if the offender is not convicted of an offense that poses a threat to the safety or well-being of others.

      5.  An offender may not file a petition to terminate his duty to register pursuant to this section if the offender:

      (a) Has been convicted of more than one crime against a child; or


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ê1997 Statutes of Nevada, Page 1654 (Chapter 451, SB 325)ê

 

      (b) Is subject to the provisions for registration as a sex offender pursuant to sections 42 to 60, inclusive, of this act.

      Sec. 41.  An offender convicted of a crime against a child who:

      1.  Fails to register;

      2.  Fails to notify the division of a change of address;

      3.  Provides false or misleading information to the division, the central repository or a local law enforcement agency; or

      4.  Otherwise violates the provisions of sections 33 to 41, inclusive, of this act,

is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      Sec. 42.  As used in sections 42 to 60, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 43 to 50, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 43.  “Mental disorder” means a congenital or acquired condition affecting the emotional or volitional capacity of a person which predisposes that person to the commission of violent sexual acts. The term includes, but is not limited to, a mental disorder that is listed in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.

      Sec. 44.  “Personality disorder” includes, but is not limited to, a personality disorder that is listed in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.

      Sec. 45.  “Qualified professional” means a person who has received training in evaluating sex offenders and is:

      1.  A psychiatrist licensed to practice medicine in this state and certified by the American Board of Psychiatry and Neurology; or

      2.  A psychologist licensed to practice in this state.

      Sec. 46.  “Registration” means registration as a sex offender pursuant to sections 42 to 60, inclusive, of this act.

      Sec. 47.  “Sex offender” means a person who, after July 1, 1956, is or has been convicted of a sexual offense listed in section 48 of this act. The term includes, but is not limited to, a sexually violent predator.

      Sec. 48.  “Sexual offense” means:

      1.  Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030;

      2.  Sexual assault pursuant to NRS 200.366;

      3.  Statutory sexual seduction pursuant to NRS 200.368;

      4.  Battery with intent to commit sexual assault pursuant to NRS 200.400;

      5.  Abuse of a child pursuant NRS 200.508, if the abuse involved sexual abuse or sexual exploitation;

      6.  An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;

      7.  Incest pursuant to NRS 201.180;


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ê1997 Statutes of Nevada, Page 1655 (Chapter 451, SB 325)ê

 

      8.  Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195;

      9.  Open or gross lewdness pursuant to NRS 201.210;

      10.  Indecent or obscene exposure pursuant to NRS 201.220;

      11.  Lewdness with a child pursuant to NRS 201.230;

      12.  Sexual penetration of a dead human body pursuant to NRS 201.450;

      13.  Annoyance or molestation of a minor pursuant to NRS 207.260;

      14.  An attempt to commit an offense listed in subsections 1 to 13, inclusive;

      15.  An offense that is determined to be sexually motivated pursuant to NRS 175.547 or section 92 of this act; or

      16.  An offense committed in another jurisdiction that, if committed in this state, would be an offense listed in this section. This subsection includes, but is not limited to, an offense prosecuted in:

      (a) A tribal court.

      (b) A court of the United States or the Armed Forces of the United States.

      Sec. 49.  “Sexually violent offense” means:

      1.  Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030;

      2.  Sexual assault pursuant to NRS 200.366;

      3.  Battery with intent to commit sexual assault pursuant to NRS 200.400;

      4.  An attempt to commit an offense listed in subsection 1, 2 or 3;

      5.  An offense that is determined to be sexually motivated pursuant to NRS 175.547; or

      6.  An offense committed in another jurisdiction that, if committed in this state, would be an offense listed in this section. This subsection includes, but is not limited to, an offense prosecuted in:

      (a) A tribal court.

      (b) A court of the United States or the Armed Forces of the United States.

      Sec. 50.  “Sexually violent predator” means a person who:

      1.  Has been convicted of a sexually violent offense;

      2.  Suffers from a mental disorder or personality disorder; and

      3.  Has been declared to be a sexually violent predator pursuant to section 56 of this act.

      Sec. 51.  1.  If the division receives notice from a court pursuant to section 82.5 of this act that a sex offender has been convicted of a sexual offense or pursuant to section 91 of this act that a juvenile sex offender has been deemed to be an adult sex offender, the division shall:

      (a) If a record of registration has not previously been established for the sex offender by the division, establish a record of registration for the sex offender and provide a copy of the record of registration to the central repository; or

      (b) If a record of registration has previously been established for the sex offender by the division, update the record of registration for the sex offender and provide a copy of the record of registration to the central repository.


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ê1997 Statutes of Nevada, Page 1656 (Chapter 451, SB 325)ê

 

offender and provide a copy of the record of registration to the central repository.

      2.  If the sex offender named in the notice will be granted probation or otherwise will not be incarcerated or confined or if the sex offender named in the notice has been deemed to be an adult sex offender pursuant to section 91 of this act and is not otherwise incarcerated or confined:

      (a) The central repository shall immediately provide a copy of the record of registration for the sex offender to the local law enforcement agency in whose jurisdiction the sex offender resides or, if the sex offender resides in a jurisdiction which is outside of this state and which requires registration, to the appropriate law enforcement agency in that jurisdiction; and

      (b) If the sex offender is subject to community notification, the division shall arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the attorney general pursuant to sections 61 to 76, inclusive, of this act.

      3.  If the sex offender named in the notice is incarcerated or confined, before the sex offender is released:

      (a) The division shall:

             (1) Inform the sex offender of the requirements for registration, including, but not limited to:

                   (I) The duty to register in this state and, if he moves from this state to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction if the other jurisdiction requires registration;

                   (II) The duty to notify the division, in writing, if he changes the address at which he resides, including if he moves from this state to another jurisdiction;

             (2) Require the sex offender to read and sign a form confirming that the requirements for registration have been explained to him;

             (3) Update the record of registration for the sex offender and provide a copy of the record of registration to the central repository; and

             (4) If the sex offender is subject to community notification, arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the attorney general pursuant to sections 61 to 76, inclusive, of this act; and

      (b) The central repository shall provide a copy of the record of registration for the sex offender to the local law enforcement agency in whose jurisdiction the sex offender will reside upon release or, if the sex offender will reside upon release in a jurisdiction which is outside of this state and which requires registration, to the appropriate law enforcement agency in that jurisdiction.

      4.  If requested by the division, the department of prisons or a local law enforcement agency in whose facility the sex offender is incarcerated shall provide the sex offender with the information and the confirmation form required by paragraph (a) of subsection 3.

      5.  The failure to provide a sex offender with the information or confirmation form required by paragraph (a) of subsection 3 does not affect the duty of the sex offender to register and to comply with all other provisions for registration.


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ê1997 Statutes of Nevada, Page 1657 (Chapter 451, SB 325)ê

 

the duty of the sex offender to register and to comply with all other provisions for registration.

      6.  If the central repository receives notice from another jurisdiction or the Federal Bureau of Investigation that a sex offender is now residing within this state:

      (a) The central repository shall immediately notify the division and the local law enforcement agency in whose jurisdiction the sex offender resides;

      (b) The division shall establish a record of registration for the sex offender and provide a copy of the record of registration to the central repository;

      (c) The central repository shall provide a copy of the record of registration for the sex offender to the local law enforcement agency in whose jurisdiction the sex offender resides; and

      (d) If the sex offender is subject to community notification, the division shall arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the attorney general pursuant to sections 61 to 76, inclusive, of this act.

      Sec. 52.  1.  In addition to any other registration that is required pursuant to section 51 of this act, each sex offender who, after July 1, 1956, is or has been convicted of a sexual offense shall register with a local law enforcement agency pursuant to the provisions of this section.

      2.  Except as otherwise provided in subsection 3, if the sex offender resides or is present for 48 hours or more within:

      (a) A county; or

      (b) An incorporated city that does not have a city police department,

the sex offender shall register with the sheriff’s office of the county or, if the county or the city is within the jurisdiction of a metropolitan police department, the metropolitan police department, not later than 48 hours after arriving or establishing a residence within the county or the city.

      3.  If the sex offender resides or is present for 48 hours or more within an incorporated city that has a city police department, the sex offender shall register with the city police department not later than 48 hours after arriving or establishing a residence within the city.

      4.  To register with a local law enforcement agency pursuant to this section, the sex offender shall:

      (a) Appear personally at the office of the appropriate local law enforcement agency;

      (b) Provide all information that is requested by the local law enforcement agency, including, but not limited to, fingerprints and a photograph; and

      (c) Sign and date the record of registration or some other proof of registration in the presence of an officer of the local law enforcement agency.

      5.  When a sex offender registers, the local law enforcement agency shall inform the sex offender of the duty to notify the division of a change of address and shall provide the sex offender with the address of the division.


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ê1997 Statutes of Nevada, Page 1658 (Chapter 451, SB 325)ê

 

      6.  After the sex offender registers, the local law enforcement agency shall notify the division of the registration. If the division has not previously established a record of registration for the sex offender:

      (a) The division shall establish a record of registration for the sex offender and provide a copy of the record of registration to the central repository;

      (b) The central repository shall provide a copy of the record of registration for the sex offender to the local law enforcement agency in whose jurisdiction the sex offender resides; and

      (c) If the sex offender is subject to community notification and has not otherwise been assigned a level of notification, the division shall arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the attorney general pursuant to sections 61 to 76, inclusive, of this act.

      Sec. 53.  1.  If a sex offender changes the address at which he resides, including moving from this state to another jurisdiction, not later than 48 hours after changing his address, the sex offender shall provide his new address, in writing, to the division and shall provide all other information that is relevant to updating his record of registration, including, but not limited to, any change in his name, employment or driver’s license and any change in the license number or description of a motor vehicle registered to or frequently driven by him.

      2.  Upon receiving a change of address from a sex offender, the division shall immediately provide the new address and any updated information to the central repository and:

      (a) If the sex offender is still residing within this state, the central repository shall immediately provide a copy of the record of registration for the sex offender to the local law enforcement agency in whose jurisdiction the sex offender is now residing and shall notify the local law enforcement agency in whose jurisdiction the sex offender last resided; or

      (b) If the sex offender moved from this state to another jurisdiction that requires registration, the central repository shall immediately provide a copy of the record of registration to the appropriate law enforcement agency in the other jurisdiction and shall notify the local law enforcement agency in whose jurisdiction the sex offender last resided.

      Sec. 54.  1.  Except as otherwise provided in subsections 2 and 5, each year, on the anniversary of the date that the division establishes a record of registration for the sex offender, the central repository shall mail to the sex offender, at the address last registered by the sex offender, a nonforwardable verification form. The sex offender shall complete and sign the form and mail the form to the central repository not later than 10 days after receipt of the form to verify that he still resides at the address he last registered.

      2.  Except as otherwise provided in subsection 5, if a sex offender has been declared to be a sexually violent predator, every 90 days, beginning on the date that the sex offender is released, the central repository shall mail to the sex offender, at the address last registered by the sex offender, a nonforwardable verification form. The sex offender shall complete and sign the form and mail the form to the central repository not later than 10 days after receipt of the form to verify that he still resides at the address he last registered.


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ê1997 Statutes of Nevada, Page 1659 (Chapter 451, SB 325)ê

 

after receipt of the form to verify that he still resides at the address he last registered.

      3.  A sex offender shall include with each verification form a current set of fingerprints, a current photograph and all other information that is relevant to updating his record of registration, including, but not limited to, any change in his name, employment or driver’s license and any change in the license number or description of a motor vehicle registered to or frequently driven by him. The central repository shall provide all updated information to the division and the local law enforcement agency in whose jurisdiction the sex offender resides.

      4.  If the central repository does not receive a verification form from a sex offender and otherwise cannot verify the address or location of the sex offender, the central repository shall immediately notify the division and the local law enforcement agency in whose jurisdiction the sex offender last resided.

      5.  The central repository is not required to complete the mailing pursuant to subsection 1 or 2 if the sex offender is incarcerated or confined or has moved from this state to another jurisdiction.

      Sec. 55.  1.  A sex offender shall comply with the provisions for registration for as long as the sex offender resides or is present within this state, unless the duty of the sex offender to register is terminated pursuant to the provisions of this section.

      2.  Except as otherwise provided in subsection 5, if a sex offender complies with the provisions for registration for an interval of at least 15 consecutive years during which he is not convicted of an offense that poses a threat to the safety or well-being of others, the sex offender may file with the district court in whose jurisdiction he resides a petition to terminate his duty to register. For the purposes of this subsection, registration begins on the date that the division establishes a record of registration for the sex offender or the date that the sex offender is released, whichever occurs later.

      3.  If the sex offender satisfies the requirements of subsection 2, the court shall hold a hearing on the petition at which the sex offender and any other interested person may present witnesses and other evidence. If the court determines from the evidence presented at the hearing that the sex offender is not likely to pose a threat to the safety of others, the court shall terminate the duty of the sex offender to register.

      4.  If the court does not terminate the duty of the sex offender to register after a petition is heard pursuant to subsections 2 and 3, the sex offender may file another petition after each succeeding interval of 5 consecutive years if the sex offender is not convicted of an offense that poses a threat to the safety or well-being of others.

      5.  A sex offender may not file a petition to terminate his duty to register pursuant to this section if the sex offender:

      (a) Is subject to community notification or to lifetime supervision pursuant to NRS 176.113;

      (b) Has been convicted of a sexually violent offense; or

      (c) Has been declared to be a sexually violent predator.


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ê1997 Statutes of Nevada, Page 1660 (Chapter 451, SB 325)ê

 

      Sec. 56.  1.  If a sex offender is convicted of a sexually violent offense, or if a sex offender is convicted of a sexual offense and the sex offender previously has been convicted of a sexually violent offense, the prosecuting attorney may petition the court in which the sex offender was sentenced for a declaration that the sex offender is a sexually violent predator for the purposes of this chapter. The petition must be filed before the sex offender is released.

      2.  If the prosecuting attorney files a petition pursuant to subsection 1, the court shall schedule a hearing on the petition and shall order the sex offender to submit to an evaluation by a panel consisting of two qualified professionals, two persons who are advocates of victims’ rights and two persons who represent law enforcement agencies. As part of the evaluation by the panel, the two qualified professionals shall conduct a psychological examination of the sex offender. The panel shall prepare a report of its conclusions, including, but not limited to, the conclusions of the two qualified professionals regarding whether the sex offender suffers from a mental disorder or personality disorder, and shall provide a copy of the report to the court.

      3.  If, after reviewing the report and considering the evidence presented at the hearing, the court determines that the sex offender suffers from a mental disorder or personality disorder, the court shall enter an order declaring the sex offender to be a sexually violent predator for the purposes of this chapter.

      4.  If the court determines that the sex offender does not suffer from a mental disorder or personality disorder, the sex offender remains subject to registration and community notification as a sex offender pursuant to the provisions of this chapter.

      5.  A panel conducting an evaluation of a sex offender pursuant to subsection 2 must be given access to all records of the sex offender that are necessary to conduct the evaluation, and the sex offender shall be deemed to have waived all rights of confidentiality and all privileges relating to those records for the limited purpose of the evaluation.

      Sec. 57.  1.  A sex offender who has been declared to be a sexually violent predator may petition the court in which he was sentenced for a determination that he no longer is a sexually violent predator if for an interval of at least 15 consecutive years from the date he is released the sex offender is not convicted of an offense that poses a threat to the safety or well-being of others.

      2.  If the requirements of subsection 1 are satisfied, the court shall order an evaluation and conduct a hearing pursuant to the provisions of subsections 2 and 3 of section 56 of this act and shall determine whether the sex offender continues to suffer from a mental disorder or personality disorder.

      3.  If the court determines that the sex offender does not continue to suffer from a mental disorder or personality disorder, the court shall enter an order declaring that the sex offender is no longer a sexually violent predator. After such a declaration, the sex offender remains subject to registration and community notification as a sex offender pursuant to the provisions of this chapter.


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ê1997 Statutes of Nevada, Page 1661 (Chapter 451, SB 325)ê

 

      4.  If the sex offender is not granted relief after a petition is heard pursuant to subsections 1 and 2, the sex offender may file another petition after each succeeding interval of 5 consecutive years if the sex offender is not convicted of an offense that poses a threat to the safety or well-being of others.

      Sec. 58.  In addition to the information that must be included in a record of registration pursuant to section 31 of this act, the record of registration for a sex offender declared to be a sexually violent predator must include a notation regarding whether the sex offender has previously received treatment for his mental disorder or personality disorder.

      Sec. 59.  (Deleted by amendment.)

      Sec. 60.  A sex offender who:

      1.  Fails to register;

      2.  Fails to notify the division of a change of address;

      3.  Provides false or misleading information to the division, the central repository or a local law enforcement agency; or

      4.  Otherwise violates the provisions of sections 42 to 60, inclusive, of this act,

is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      Sec. 61.  As used in sections 61 to 76, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 62 to 67, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 62.  “Sex offender” means a person who, after July 1, 1956, is or has been convicted of a sexual offense listed in section 63 of this act. The term includes, but is not limited to, a sexually violent predator.

      Sec. 63.  “Sexual offense” means:

      1.  Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030;

      2.  Sexual assault pursuant to NRS 200.366;

      3.  Statutory sexual seduction pursuant to NRS 200.368, if punished as a felony;

      4.  Battery with intent to commit sexual assault pursuant to NRS 200.400;

      5.  Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation and is punished as a felony;

      6.  An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;

      7.  Incest pursuant to NRS 201.180;

      8.  Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195, if punished as a felony;

      9.  Open or gross lewdness pursuant to NRS 201.210, if punished as a felony;

      10.  Indecent or obscene exposure pursuant to NRS 201.220, if punished as a felony;

      11.  Lewdness with a child pursuant to NRS 201.230;


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ê1997 Statutes of Nevada, Page 1662 (Chapter 451, SB 325)ê

 

      12.  Sexual penetration of a dead human body pursuant to NRS 201.450;

      13.  Annoyance or molestation of a minor pursuant to NRS 207.260, if punished as a felony;

      14.  An attempt to commit an offense listed in subsections 1 to 13, inclusive, if punished as a felony;

      15.  An offense that is determined to be sexually motivated pursuant to NRS 175.547 or section 92 of this act; or

      16.  An offense committed in another jurisdiction that, if committed in this state, would be an offense listed in this section. This subsection includes, but is not limited to, an offense prosecuted in:

      (a) A tribal court.

      (b) A court of the United States or the Armed Forces of the United States.

      Sec. 64.  “Sexually violent predator” has the meaning ascribed to it in section 50 of this act.

      Sec. 65.  “Tier 1 level of notification” means community notification pursuant to paragraph (a) of subsection 1 of section 71 of this act.

      Sec. 66.  “Tier 2 level of notification” means community notification pursuant to paragraph (b) of subsection 1 of section 71 of this act.

      Sec. 67.  “Tier 3 level of notification” means community notification pursuant to paragraph (c) of subsection 1 of section 71 of this act.

      Sec. 68.  1.  There is hereby created an advisory council for community notification. The council consists of:

      (a) Three members, of whom no more than two may be of the same political party, appointed by the governor; and

      (b) Four members, of whom no more than two may be of the same political party, appointed by the legislative commission.

      2.  Each member serves a term of 4 years. Members may be reappointed for additional terms of 4 years in the same manner as the original appointments.

      3.  A vacancy occurring in the membership of the council must be filled in the same manner as the original appointments.

      4.  The council shall consult with and provide recommendations to the attorney general concerning guidelines and procedures for community notification.

      Sec. 69.  1.  The attorney general shall consult with the advisory council for community notification and shall establish guidelines and procedures for community notification pursuant to sections 61 to 76, inclusive, of this act.

      2.  The guidelines and procedures established by the attorney general must be designed to promote, to the extent practicable, the uniform application of the provisions of sections 61 to 76, inclusive, of this act.

      3.  The provisions of sections 61 to 76, inclusive, of this act must not be construed to prevent law enforcement officers from providing the public with notification concerning persons who pose a threat to the safety of the public.

      Sec. 70.  1.  The attorney general shall establish guidelines and procedures for assessing the risk of recidivism of each sex offender who resides within this state. The guidelines and procedures must identify and incorporate factors relevant to the risk of recidivism of the sex offender, including, but not limited to:

 


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ê1997 Statutes of Nevada, Page 1663 (Chapter 451, SB 325)ê

 

incorporate factors relevant to the risk of recidivism of the sex offender, including, but not limited to:

      (a) Conditions of release that minimize the risk of recidivism, including probation or parole, counseling, therapy or treatment;

      (b) Physical conditions that minimize the risk of recidivism, including advanced age or debilitating illness; and

      (c) Any criminal history of the sex offender indicative of a high risk of recidivism, including, but not limited to:

             (1) Whether the conduct of the sex offender was found to be characterized by repetitive and compulsive behavior;

             (2) Whether the sex offender committed the sexual crime against a child;

             (3) Whether the sexual offense involved the use of a weapon, violence or infliction of serious bodily injury;

             (4) The number, date and nature of prior offenses;

             (5) Whether psychological or psychiatric profiles indicate a risk of recidivism;

             (6) The response of the offender to treatment;

             (7) Any recent threats against a person or expressions of intent to commit additional crimes; and

             (8) Behavior while confined.

      2.  The assessment of the risk of recidivism of a sex offender may be based upon information concerning the sex offender obtained from agencies of this state and agencies from other jurisdictions.

      3.  Each person who is conducting the assessment must be given access to all records of the sex offender that are necessary to conduct the assessment, and the sex offender shall be deemed to have waived all rights of confidentiality and all privileges relating to those records for the limited purpose of the assessment.

      Sec. 71.  1.  Except as otherwise provided in this section, the guidelines and procedures for community notification established by the attorney general must provide for the following levels of notification, depending upon the risk of recidivism of the sex offender:

      (a) If the risk of recidivism is low, the sex offender must be assigned a Tier 1 level of notification, and the law enforcement agency in whose jurisdiction the sex offender resides shall notify other law enforcement agencies likely to encounter the sex offender.

      (b) If the risk of recidivism is moderate, the sex offender must be assigned a Tier 2 level of notification, and the law enforcement agency in whose jurisdiction the sex offender resides shall provide notification pursuant to paragraph (a) and shall notify schools and religious and youth organizations that are likely to encounter the sex offender.

      (c) If the risk of recidivism is high, the sex offender must be assigned a Tier 3 level of notification, and the law enforcement agency in whose jurisdiction the sex offender resides shall provide notification pursuant to paragraphs (a) and (b) and shall notify the public through means designed to reach members of the public likely to encounter the sex offender.

      2.  If the sex offender is assigned a Tier 2 or Tier 3 level of notification and the sex offender has committed a sexual offense against a person less than 18 years of age, the law enforcement agency in whose jurisdiction the sex offender resides shall provide the appropriate notification for Tier 2 or Tier 3 and, in addition, shall notify:

 


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ê1997 Statutes of Nevada, Page 1664 (Chapter 451, SB 325)ê

 

than 18 years of age, the law enforcement agency in whose jurisdiction the sex offender resides shall provide the appropriate notification for Tier 2 or Tier 3 and, in addition, shall notify:

      (a) Motion picture theaters, other than adult motion picture theaters, which are likely to encounter the sex offender; and

      (b) Businesses which are likely to encounter the sex offender and which primarily have children as customers or conduct events that primarily children attend.

Notification pursuant to this subsection must include a copy of a photograph of the sex offender. As used in paragraph (a), “adult motion picture theater” has the meaning ascribed to it in NRS 278.0221.

      3.  If the sex offender has been declared to be a sexually violent predator, the sex offender must be assigned a Tier 3 level of notification.

      Sec. 72.  A sex offender who is assigned a Tier 2 or Tier 3 level of notification must be provided with notice indicating:

      1.  The level of notification he has been assigned; and

      2.  The procedures the sex offender must follow to request reconsideration of the level of notification, unless the level of notification is not subject to reconsideration pursuant to a specific statute.

      Sec. 73.  1.  If a sex offender has been assigned a level of notification pursuant to sections 61 to 76, inclusive, of this act and the sex offender:

      (a) Is convicted of an offense that poses a threat to the safety or well-being of others;

      (b) Annoys, harasses, threatens or intimidates a victim of one of his sexual offenses; or

      (c) Commits an overt act which is sexually motivated or involves the use or threatened use of force or violence and which causes harm or creates a reasonable apprehension of harm,

the level of notification assigned to the sex offender may be changed in accordance with the guidelines and procedures established by the attorney general pursuant to sections 61 to 76, inclusive, of this act.

      2.  As used in this section:

      (a) “Sexual offense” includes, but is not limited to, a sexual offense punishable as a misdemeanor or gross misdemeanor.

      (b) “Sexually motivated” means that one of the purposes for which the person committed the act was his sexual gratification.

      Sec. 74.  1.  Except as otherwise provided in subsection 6, if a sex offender is subject to community notification for an interval of at least 10 consecutive years during which he is not convicted of an offense that poses a threat to the safety or well-being of others, the sex offender may petition the attorney general for a reassessment of his risk of recidivism.

      2.  If the sex offender satisfies the requirements of subsection 1, the attorney general shall arrange for a reassessment. The reassessment must be conducted in the same manner as an assessment of the risk of recidivism.

      3.  If the sex offender is assigned a Tier 1 level of notification before the reassessment is conducted, the sex offender may be:

      (a) Reassigned the Tier 1 level of notification that he is currently assigned; or

      (b) Relieved from being subject to community notification.


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ê1997 Statutes of Nevada, Page 1665 (Chapter 451, SB 325)ê

 

      4.  If the sex offender is assigned a Tier 2 or Tier 3 level of notification before the reassessment is conducted, the sex offender may be:

      (a) Reassigned the level of notification that he is currently assigned; or

      (b) Reassigned a level of notification that is one tier below the level of notification that he is currently assigned.

      5.  After receiving a reassessment pursuant to subsections 1 and 2, the sex offender may file another petition for a reassessment after each succeeding interval of 5 consecutive years if the offender is not convicted of an offense that poses a threat to the safety or well-being of others.

      6.  If a sex offender has been declared to be a sexually violent predator, the sex offender may not receive a reassessment pursuant to the provisions of this section until the court in which he was sentenced determines that he is no longer a sexually violent predator pursuant to section 57 of this act.

      Sec. 75.  The law enforcement agency in whose jurisdiction a sex offender resides shall disclose information regarding the sex offender to the appropriate persons pursuant to the guidelines and procedures established by the attorney general pursuant to sections 61 to 76, inclusive, of this act.

      Sec. 76.  1.  The attorney general shall establish guidelines and procedures for community notification concerning juvenile sex offenders who are subject to the provisions of sections 90.2 to 91.2, inclusive, of this act. The guidelines and procedures for community notification concerning juvenile sex offenders must be, to the extent practicable, consistent with the guidelines and procedures for community notification concerning adult sex offenders established by the attorney general pursuant to sections 61 to 76, inclusive, of this act.

      2.  Upon receiving notification from a probation officer assigned to a juvenile sex offender pursuant to sections 90.2 to 91.2, inclusive, of this act, the local law enforcement agency receiving the notification shall disclose information regarding the juvenile sex offender to the appropriate persons pursuant to the guidelines and procedures established by the attorney general pursuant to sections 61 to 76, inclusive, of this act.

      3.  Each person who is conducting an assessment of the risk of recidivism of a juvenile sex offender must be given access to all records of the juvenile sex offender that are necessary to conduct the assessment, including, but not limited to, records compiled pursuant to chapter 62 of NRS, and the juvenile sex offender shall be deemed to have waived all rights of confidentiality and all privileges relating to those records for the limited purpose of the assessment.

      Sec. 77.  1.  Information that is disclosed pursuant to the provisions of this chapter must not reveal the name of an individual victim of an offense.

      2.  A law enforcement agency and its officers and employees are immune from criminal or civil liability for an act or omission relating to information obtained, maintained or disclosed pursuant to the provisions of this chapter, including, but not limited to, an act or omission relating to:

      (a) The accuracy of information in a record of registration; or

      (b) The disclosure of or the failure to disclose information pursuant to the provisions of this chapter.

      Secs. 78 and 79.  (Deleted by amendment.)


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ê1997 Statutes of Nevada, Page 1666 (Chapter 451, SB 325)ê

 

      Sec. 80.  NRS 175.547 is hereby amended to read as follows:

      175.547  1.  In any case in which a defendant pleads or is found guilty of murder in the first or second degree, kidnaping in the first or second degree, false imprisonment, burglary or invasion of the home, the court shall, at the request of the prosecuting attorney , [and for the purposes of carrying out the provisions of NRS 176.113 and 213.1243 to 213.1257, inclusive,] conduct a separate hearing to determine whether the offense was sexually motivated. A request for such a hearing may not be submitted to the court unless the prosecuting attorney, before the commencement of the trial, files and serves upon the defendant a written notice of his intention to request such a hearing.

      2.  A hearing requested pursuant to subsection 1 must be conducted before:

      (a) The court imposes its sentence; or

      (b) A separate penalty hearing is conducted.

      3.  At the hearing, only evidence concerning the question of whether the offense was sexually motivated may be presented. The prosecuting attorney must prove beyond a reasonable doubt that the offense was sexually motivated.

      4.  The court shall enter its finding in the record.

      5.  For the purposes of this section, an offense is “sexually motivated” if one of the purposes for which the person committed the offense was his sexual gratification.

      Sec. 81.  Chapter 176 of NRS is hereby amended by adding thereto the provisions set forth as sections 81.1 to 83.7, inclusive, of this act.

      Sec. 81.1.  As used in sections 81.1 to 82.5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 81.3 to 81.9, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 81.3.  “Central repository” means the central repository for Nevada records of criminal history.

      Sec. 81.5.  “Crime against a child” has the meaning ascribed to it in section 34 of this act.

      Sec. 81.7.  “Record of registration” has the meaning ascribed to it in section 28 of this act.

      Sec. 81.9.  “Sexual offense” has the meaning ascribed to it in section 48 of this act.

      Sec. 82.  1.  If a defendant is convicted of a crime against a child, the court shall, before imposing sentence:

      (a) Notify the division of the conviction of the defendant, so the division and the central repository may carry out the provisions for registration of the defendant pursuant to section 36 of this act.

      (b) Inform the defendant of the requirements for registration, including, but not limited to:

             (1) The duty to register in this state and, if he moves from this state to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction if the other jurisdiction requires registration; and


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ê1997 Statutes of Nevada, Page 1667 (Chapter 451, SB 325)ê

 

             (2) The duty to notify the division, in writing, if he changes the address at which he resides, including if he moves from this state to another jurisdiction.

      (c) Require the defendant to read and sign a form confirming that the requirements for registration have been explained to him.

The failure to provide the defendant with the information or confirmation form required by paragraphs (b) and (c) does not affect the duty of the defendant to register and to comply with all other provisions for registration pursuant to sections 33 to 41, inclusive, of this act.

      2.  If the crime against a child is an offense for which the suspension of sentence or the granting of probation is permitted, the court may not enter an order granting probation or suspending the sentence until the division has established a record of registration for the defendant and has provided a copy of the record of registration to the central repository pursuant to section 36 of this act.

      Sec. 82.5.  1.  If a defendant is convicted of a sexual offense, the court shall, before imposing sentence:

      (a) Notify the division of the conviction of the defendant, so the division and the central repository may carry out the provisions for registration of the defendant pursuant to section 51 of this act.

      (b) Inform the defendant of the requirements for registration, including, but not limited to:

             (1) The duty to register in this state and, if he moves from this state to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction if the other jurisdiction requires registration; and

             (2) The duty to notify the division, in writing, if he changes the address at which he resides, including if he moves from this state to another jurisdiction.

      (c) Require the defendant to read and sign a form stating that the requirements for registration have been explained to him.

The failure to provide the defendant with the information or confirmation form required by paragraphs (b) and (c) does not affect the duty of the defendant to register and to comply with all other provisions for registration pursuant to sections 42 to 60, inclusive, of this act.

      2.  If the sexual offense is an offense for which the suspension of sentence or the granting of probation is permitted, the court may not enter an order granting probation or suspending the sentence until the division has established a record of registration for the defendant and has provided a copy of the record of registration to the central repository pursuant to section 51 of this act.

      Sec. 83.  1.  Except as otherwise provided in subsection 2, if a defendant is convicted of a sexual offense and the court grants probation or suspends the sentence, the court shall, in addition to any other condition ordered pursuant to NRS 176.1853, order as a condition of probation or suspension of sentence that the defendant:

      (a) Reside at a location only if it has been approved by the parole and probation officer assigned to the defendant;


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ê1997 Statutes of Nevada, Page 1668 (Chapter 451, SB 325)ê

 

      (b) Accept a position of employment only if it has been approved by the parole and probation officer assigned to the defendant;

      (c) Abide by any curfew imposed by the parole and probation officer assigned to the defendant;

      (d) Participate in and complete a program of professional counseling approved by the division;

      (e) Submit to periodic tests to determine whether the defendant is using a controlled substance and submit to periodic polygraphic examinations, as requested by the parole and probation officer assigned to the defendant;

      (f) Abstain from consuming alcohol;

      (g) Not have contact or communicate with a victim of the sexual offense or a witness who testified against the defendant or solicit another person to engage in such contact or communication on behalf of the defendant;

      (h) Not use aliases or fictitious names;

      (i) Not obtain a post office box unless the defendant receives permission from the parole and probation officer assigned to the defendant;

      (j) Not have contact with a person less than 18 years of age in a secluded environment unless another adult who has never been convicted of a sexual offense is present; and

      (k) Not be in or near:

             (1) A playground, school or school grounds;

             (2) A motion picture theater; or

             (3) A business that primarily has children as customers or conducts events that primarily children attend.

      2.  The court is not required to impose a condition of probation or suspension of sentence listed in subsection 1 if the court finds that extraordinary circumstances are present and the court enters those extraordinary circumstances in the record.

      3.  As used in this section, “sexual offense” has the meaning ascribed to it in section 48 of this act.

      Sec. 83.3.  As used in sections 83.3, 83.5 and 83.7 of this act and NRS 176.111, unless the context otherwise requires, “CODIS” means the Combined DNA Indexing System operated by the Federal Bureau of Investigation.

      Sec. 83.5.  1.  The board of county commissioners of each county shall designate a forensic laboratory to conduct or oversee for the county any genetic marker testing that is ordered pursuant to NRS 176.111.

      2.  The forensic laboratory designated by the board of county commissioners pursuant to subsection 1:

      (a) Must be operated by this state or one of its political subdivisions; and

      (b) Must satisfy or exceed the standards for quality assurance that are established by the Federal Bureau of Investigation for participation in CODIS.

      Sec. 83.7.  1.  If the court orders that samples of blood be obtained from a defendant pursuant to NRS 176.111, the court, in addition to any other penalty, shall order the defendant, to the extent of his financial ability, to pay the sum of $250 as a fee for obtaining the samples of blood and for conducting the analysis to determine the genetic markers of the blood. The fee:


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ê1997 Statutes of Nevada, Page 1669 (Chapter 451, SB 325)ê

 

      (a) Must be stated separately in the judgment of the court or on the docket of the court;

      (b) Must be collected from the defendant before or at the same time that any fine imposed by the court is collected from the defendant; and

      (c) Must not be deducted from any fine imposed by the court.

      2.  All money that is collected pursuant to subsection 1 must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month.

      3.  The board of county commissioners of each county shall by ordinance create in the county treasury a fund to be designated as the fund for genetic marker testing. The county treasurer shall deposit money that is collected pursuant to subsection 2 in the fund for genetic marker testing. The money must be accounted for separately within the fund.

      4.  Each month, the county treasurer shall use the money deposited in the fund for genetic marker testing to pay for the actual amount charged to the county for obtaining samples of blood from defendants pursuant to NRS 176.111.

      5.  If money remains in the fund after the county treasurer makes the payments required by subsection 4, the county treasurer shall pay the remaining money each month to the forensic laboratory that is designated by the county pursuant to section 83.5 of this act to conduct or oversee genetic marker testing for the county. A forensic laboratory that receives money pursuant to this subsection shall use the money to:

      (a) Maintain and purchase equipment and supplies relating to genetic marker testing, including, but not limited to, equipment and supplies required by the Federal Bureau of Investigation for participation in CODIS; and

      (b) Pay for the training and continuing education, including, but not limited to, the reasonable travel expenses, of employees of the forensic laboratory who conduct or oversee genetic marker testing.

      Sec. 84.  NRS 176.111 is hereby amended to read as follows:

      176.111  1.  [When] If a defendant is convicted of [a sexual offense,] an offense listed in subsection 4, the court, [by order, shall direct the defendant to submit to a blood and saliva test, to be made by qualified persons, under such restrictions and directions as the court deems proper. The tests must include analyses of his blood] at sentencing, shall order that:

      (a) The name, social security number, date of birth and any other information identifying the defendant be submitted to the central repository for Nevada records of criminal history; and

      (b) Samples of blood be obtained from the defendant pursuant to the provisions of this section and that the samples be used for an analysis to determine [its] the genetic markers [and of his saliva to determine its secretor status. The court shall order that the results of the tests be submitted to the central repository for Nevada records of criminal history.

      2.  For the purposes of this section, “sexual offense” means:

      (a) Sexual assault pursuant to NRS 200.366;

      (b) Statutory sexual seduction pursuant to NRS 200.368;


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ê1997 Statutes of Nevada, Page 1670 (Chapter 451, SB 325)ê

 

      (c) Battery with intent to commit a sexual assault pursuant to NRS 200.400;

      (d) Use of a minor in producing pornography pursuant to NRS 200.710;

      (e) Promotion of a sexual performance of a minor pursuant to NRS 200.720;

      (f) Possession of a visual representation depicting the sexual conduct of a person under 16 years of age pursuant to NRS 200.730;

      (g) Incest pursuant to NRS 201.180;

      (h) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195;

      (i) Open or gross lewdness pursuant to NRS 201.210;

      (j) Indecent or obscene exposure pursuant to NRS 201.220;

      (k) Lewdness with a child pursuant to NRS 201.230;

      (l) Sexual penetration of a dead human body pursuant to NRS 201.450;

      (m) Annoyance or molestation of a minor pursuant to NRS 207.260; or

      (n) An attempt to commit any offense listed in this subsection.] of the blood.

      2.  If the defendant is committed to the custody of the department of prisons, the department of prisons shall arrange for the samples of blood to be obtained from the defendant. The department of prisons shall provide the samples of blood to the forensic laboratory that has been designated by the county in which the defendant was convicted to conduct or oversee genetic marker testing for the county pursuant to section 83.5 of this act.

      3.  If the defendant is not committed to the custody of the department of prisons, the division shall arrange for the samples of blood to be obtained from the defendant. The division shall provide the samples of blood to the forensic laboratory that has been designated by the county in which the defendant was convicted to conduct or oversee genetic marker testing for the county pursuant to section 83.5 of this act. Any cost that is incurred to obtain the samples of blood from the defendant pursuant to this subsection is a charge against the county in which the defendant was convicted and must be paid as provided in section 83.7 of this act.

      4.  The provisions of subsection 1 apply to a defendant who is convicted of any of the following offenses:

      (a) A crime against a child as defined in section 34 of this act.

      (b) A sexual offense as defined in section 48 of this act.

      (c) Murder, manslaughter or any other unlawful killing pursuant to NRS 200.010 to 200.260, inclusive.

      (d) Mayhem pursuant to NRS 200.280.

      (e) Administering poison or another noxious or destructive substance or liquid with intent to cause death pursuant to NRS 200.390.

      (f) Battery with intent to commit a crime pursuant to NRS 200.400.

      (g) Battery which is committed with the use of a deadly weapon or which results in substantial bodily harm pursuant to NRS 200.481.

      (h) Abuse or neglect of an older person pursuant to NRS 200.5099.

      (i) A second or subsequent offense for stalking pursuant to NRS 200.575.

      (j) Burglary pursuant to NRS 205.060.

      (k) Invasion of the home pursuant to NRS 205.067.

      (l) An attempt to commit an offense listed in this subsection.


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ê1997 Statutes of Nevada, Page 1671 (Chapter 451, SB 325)ê

 

      Sec. 85.  NRS 176.113 is hereby amended to read as follows:

      176.113  1.  [When] If a defendant [pleads or is found guilty] is convicted of a sexual offense, the [judge] court shall include in sentencing, in addition to any other penalties provided by law, a special sentence of lifetime supervision . [to commence after any period of probation or any term of imprisonment and period of release on parole.]

      2.  The special sentence of lifetime supervision [must begin upon the release of a sex offender from incarceration.] commences after any period of probation or any term of imprisonment and any period of release on parole.

      3.  A person sentenced to lifetime supervision may petition the district court in whose jurisdiction he resides for release from lifetime supervision. The court shall grant a petition for release from a special sentence of lifetime supervision if:

      (a) The person has not [committed a crime for 15] been convicted of an offense that poses a threat to the safety or well-being of others for an interval of at least 15 consecutive years after his last conviction or release from incarceration, whichever occurs later; and

      (b) The person is not likely to pose a threat to the safety of others if released from lifetime supervision.

      4.  A person who is released from lifetime supervision pursuant to the provisions of subsection 3 remains subject to the provisions for registration as a sex offender and to the provisions for community notification, unless he is otherwise relieved from the operation of those provisions pursuant to the provisions of sections 42 to 76, inclusive, of this act.

      5.  As used in this section [, “sexual] :

      (a) “Offense that poses a threat to the safety or well-being of others” has the meaning ascribed to it in section 27 of this act.

      (b) “Sexual offense” means:

      [(a)] (1) A violation of NRS 200.366, subsection 3 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450;

      [(b)] (2) An attempt to commit [any] an offense listed in [paragraph (a); or

      (c)] subparagraph (1); or

             (3) An act of murder in the first or second degree, kidnaping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.

      Sec. 86.  NRS 176.175 is hereby amended to read as follows:

      176.175  As used in NRS 176.175 to 176.245, inclusive [:] , and section 83 of this act, unless the context otherwise requires:

      1.  “Board” means the state board of parole commissioners.

      2.  “Court” means a district court of the State of Nevada.

      3.  “Parole and probation officer” means the chief parole and probation officer or an assistant parole and probation officer appointed in accordance with the provisions of chapter 213 of NRS.


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ê1997 Statutes of Nevada, Page 1672 (Chapter 451, SB 325)ê

 

      4.  “Residential confinement” means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the sentencing court.

      5.  “Standards” means the objective standards for granting or revoking parole or probation which are adopted by the board or chief parole and probation officer.

      6.  “Surety bond” means a written undertaking, executed by a surety, that a person will, as a result of the bond, participate in a program of probation and that in the event that the person violates a condition of the program of probation, the surety will pay the court the amount of money specified for the bond.

      Sec. 87.  NRS 176.205 is hereby amended to read as follows:

      176.205  1.  Except as otherwise provided in [subsection 2,] this section, by order duly entered, the court may impose, and may at any time modify, any conditions of probation or suspension of sentence. The court shall cause a copy of any such order to be delivered to the parole and probation officer and the probationer. A copy of the order must also be sent to the director of the department of prisons if the probationer is under the supervision of the director pursuant to NRS 176.2248.

      2.  If the probationer is participating in a program of probation secured by a surety bond, the court shall not impose or modify the conditions of probation unless the court notifies the surety and:

      (a) Causes the original bond to be revoked and requires a new bond to which the original and the new conditions are appended and made part; or

      (b) Requires an additional bond to which the new conditions are appended and made part.

      3.  The court shall not modify a condition of probation or suspension of sentence that was imposed pursuant to section 83 of this act, unless the court finds that extraordinary circumstances are present and the court enters those extraordinary circumstances in the record.

      Sec. 88.  NRS 176.225 is hereby amended to read as follows:

      176.225  1.  [Every defendant] A person who:

      (a) Has fulfilled the conditions of his probation for the entire period thereof;

      (b) Is recommended for earlier discharge by the division; or

      (c) Has demonstrated his fitness for honorable discharge but because of economic hardship, verified by a parole and probation officer, has been unable to make restitution as ordered by the court,

may be granted an honorable discharge from probation by order of the court.

      2.  Any amount of restitution remaining unpaid constitutes a civil liability arising upon the date of discharge.

      3.  A person honorably discharged from probation is free from the terms and conditions of his probation and may apply to the court, in person or by attorney, pursuant to NRS 176.227, for the restoration of his civil rights. He must be informed of this privilege in his probation papers.

      4.  A person honorably discharged from probation who has had his civil rights restored by the court:


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ê1997 Statutes of Nevada, Page 1673 (Chapter 451, SB 325)ê

 

      (a) Is exempt from the requirements of NRS 207.090, but is not exempt from the requirements of [NRS 207.152.] sections 22 to 77, inclusive, of this act.

      (b) May vote, hold office or serve as a juror.

      (c) Shall disclose the conviction to a gaming establishment and the state, its agencies, departments, boards, commissions and political subdivisions, if required in an application for employment, license or other permit. As used in this paragraph, “establishment” has the meaning ascribed to it in NRS 463.0148.

      (d) Except as otherwise provided in paragraph (c), need not disclose the conviction to an employer or prospective employer.

      5.  The prior conviction of a person whose civil rights have been restored or who has been honorably discharged from probation may be used for purposes of impeachment. In any subsequent prosecution of the person who has had his civil rights restored or who has been honorably discharged from probation, the prior conviction may be pleaded and proved if otherwise admissible.

      Sec. 89.  NRS 179.245 is hereby amended to read as follows:

      179.245  1.  Except as [other times and procedures are] otherwise provided in NRS 453.3365 [,] and subsection 4, a person who has been convicted of:

      (a) Any felony may, after 15 years from the date of his conviction or, if he is imprisoned, from the date of his release from actual custody;

      (b) Any gross misdemeanor may, after 10 years from the date of his conviction or release from custody;

      (c) A violation of NRS 484.379 other than a felony may, after 7 years from the date of his conviction or release from custody; or

      (d) Any other misdemeanor may, after 5 years from the date of his conviction or release from custody,

petition the court in which the conviction was obtained for the sealing of all records relating to the conviction. The petition must be accompanied by a current, certified record of the petitioner’s criminal history received from the central repository for Nevada records of criminal history.

      2.  The court shall notify the district attorney of the county in which the conviction was obtained, and the district attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.

      3.  If after the hearing the court finds that, in the period prescribed in subsection 1, the petitioner has not been arrested, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of the court, of another court in the State of Nevada or of a public or private agency, company or official in the State of Nevada, and may also order all such criminal identification records of the petitioner returned to the file of the court where the proceeding was commenced from, but not limited to, the Federal Bureau of Investigation, the California identification and investigation bureau, sheriffs’ offices and all other law enforcement agencies reasonably known by either the petitioner or the court to have possession of such records.


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ê1997 Statutes of Nevada, Page 1674 (Chapter 451, SB 325)ê

 

      4.  A person may not petition the court to seal records relating to a conviction of a crime against a child or a sexual offense.

      5.  As used in this section:

      (a) “Crime against a child” has the meaning ascribed to it in section 34 of this act.

      (b) “Sexual offense” has the meaning ascribed to it in section 48 of this act.

      Sec. 90.  NRS 179.301 is hereby amended to read as follows:

      179.301  1.  The state gaming control board and Nevada gaming commission and their employees, agents and representatives may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255, if the event or conviction was related to gaming, for purposes of determining the suitability or qualifications of any person to hold a state gaming license, manufacturer’s, seller’s or distributor’s license or gaming work permit pursuant to chapter 463 of NRS. Events and convictions, if any, which are the subject of an order sealing records may form the basis for recommendation, denial or revocation of those licenses or work permits.

      2.  The central repository and its employees may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255 that constitute information relating to sexual offenses, and may notify employers of the information in accordance with NRS 179A.190 to 179A.240, inclusive.

      3.  Records which have been sealed pursuant to NRS 179.245 or 179.255 and which are retained in the statewide registry established pursuant to section 17 of this act may be inspected pursuant to sections 2 to 20, inclusive, of this act by an officer or employee of the central repository or a law enforcement officer in the regular course of his duties.

      Sec. 90.5.  NRS 40.770 is hereby amended to read as follows:

      40.770  1.  In any sale of real property, the fact that the property is or has been:

      (a) The site of a homicide, suicide or death by any other cause, except a death that results from a condition of the property, or the site of any crime punishable as a felony; or

      (b) Occupied by a person exposed to the human immunodeficiency virus or suffering from acquired immune deficiency syndrome or any other disease that is not known to be transmitted through occupancy of the property,

is not material to the transaction.

      2.  In any sale of real property, the fact that a sex offender, as defined in section 47 of this act, resides or is expected to reside in the community is not material to the transaction, and the seller or any agent of the seller does not have a duty to disclose such a fact to a buyer or any agent of a buyer.

      3.  A seller or any agent of the seller is not liable to the buyer in any action at law or in equity because of the failure to disclose any fact described in subsection 1 or 2 that is not material to the transaction.

      [3.] 4.  Except as otherwise provided in an agreement between a buyer and his agent, an agent of the buyer is not liable to the buyer in any action at law or in equity because of the failure to disclose any fact described in subsection 1 or 2 that is not material to the transaction.


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ê1997 Statutes of Nevada, Page 1675 (Chapter 451, SB 325)ê

 

      Sec. 90.1.  Chapter 62 of NRS is hereby amended by adding thereto the provisions set forth as sections 90.2 to 91.2, inclusive, of this act.

      Sec. 90.2.  As used in sections 90.2 to 91.2, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 90.3 to 90.7, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 90.3.  “Central repository” means the central repository for Nevada records of criminal history.

      Sec. 90.4.  “Community notification” means notification of a community pursuant to the guidelines and procedures established by the attorney general for juvenile sex offenders pursuant to section 76 of this act.

      Sec. 90.5.  “Division” means the division of parole and probation of the department of motor vehicles and public safety.

      Sec. 90.6.  “Local law enforcement agency” has the meaning ascribed to it in section 26 of this act.

      Sec. 90.7.  “Sexual offense” means:

      1.  Sexual assault pursuant to NRS 200.366;

      2.  Battery with intent to commit sexual assault pursuant to NRS 200.400;

      3.  An offense involving pornography and a minor pursuant to NRS 200.710 or 200.720;

      4.  Lewdness with a child pursuant to NRS 201.230; or

      5.  An attempt to commit an offense listed in this section.

      Sec. 90.8.  1.  In addition to the options set forth in NRS 62.211 and 62.213 and in addition to any other requirements set forth in this chapter, if a child is adjudicated delinquent for an act that, if committed by an adult, would be a sexual offense, the court shall:

      (a) Notify the attorney general of the adjudication, so the attorney general may arrange for the assessment of the risk of recidivism of the child pursuant to the guidelines and procedures for community notification;

      (b) Place the child under the supervision of a probation officer until the child reaches 21 years of age or is no longer subject to community notification as a juvenile sex offender pursuant to sections 90.2 to 91.2, inclusive, of this act;

      (c) Inform the child and the parents or guardians of the child that the child is subject to community notification as a juvenile sex offender and may be subject to registration and community notification as an adult sex offender pursuant to section 91 of this act; and

      (d) Order the child, and the parents or guardians of the child during the minority of the child, to inform the probation officer assigned to the child of a change of the address at which the child resides not later than 48 hours after the change of address.

      2.  The court may not terminate its jurisdiction concerning the child for the purposes of carrying out the provisions of sections 90.2 to 91.2, inclusive, of this act until the child reaches 21 years of age or is no longer subject to community notification as a juvenile sex offender pursuant to sections 90.2 to 91.2, inclusive, of this act.


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ê1997 Statutes of Nevada, Page 1676 (Chapter 451, SB 325)ê

 

      Sec. 90.9.  1.  If a child has been adjudicated delinquent for a sexual offense, the probation officer assigned to the child shall notify the local law enforcement agency in whose jurisdiction the child resides that the child:

      (a) Has been adjudicated delinquent for a sexual offense; and

      (b) Is subject to community notification as a juvenile sex offender.

      2.  If the probation officer assigned to the child is informed by the child or the parents or guardians of the child that the child has changed the address at which he resides, the probation officer shall notify:

      (a) The local law enforcement agency in whose jurisdiction the child last resided that the child has moved; and

      (b) The local law enforcement agency in whose jurisdiction the child is now residing that the child:

             (1) Has been adjudicated delinquent for a sexual offense; and

             (2) Is subject to community notification as a juvenile sex offender.

      Sec. 91.  Except as otherwise provided in sections 90.2 to 91.2, inclusive, of this act:

      1.  If a child has been adjudicated delinquent for a sexual offense, the court shall hold a hearing when the child reaches 21 years of age to determine whether the child should be deemed an adult sex offender for the purposes of registration and community notification pursuant to sections 42 to 76, inclusive, of this act.

      2.  If the court determines at the hearing that the child has been rehabilitated to the satisfaction of the court and that the child is not likely to pose a threat to the safety of others, the court shall relieve the child of being subject to community notification.

      3.  If the court determines at the hearing that the child has not been rehabilitated to the satisfaction of the court or that the child is likely to pose a threat to the safety of others, the court shall deem the child to be an adult sex offender for the purposes of registration and community notification pursuant to sections 42 to 76, inclusive, of this act.

      4.  If a child is deemed to be an adult sex offender pursuant to this section, the court shall notify the division, so the division and the central repository may carry out the provisions for registration of the child as an adult sex offender pursuant to section 51 of this act.

      Sec. 91.1.  1.  The records relating to a child must not be sealed pursuant to the provisions of NRS 62.370 while the child is subject to community notification as a juvenile sex offender.

      2.  If the child is relieved of being subject to community notification as a juvenile sex offender pursuant to section 91 of this act, all records relating to the child must be automatically sealed when the child reaches 24 years of age as provided in subsection 4 of NRS 62.370.

      3.  If the child is deemed to be an adult sex offender pursuant to section 91 of this act or is otherwise convicted of a sexual offense, as defined in section 48 of this act, as an adult before reaching 21 years of age:

      (a) The records relating to the child must not be sealed pursuant to the provisions of NRS 62.370; and

      (b) Each delinquent act committed by the child that would have been a sexual offense, as defined in section 48 of this act, if committed by an adult, shall be deemed to be a criminal conviction for the purposes of:


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ê1997 Statutes of Nevada, Page 1677 (Chapter 451, SB 325)ê

 

             (1) Registration and community notification pursuant to sections 42 to 76, inclusive, of this act; and

             (2) The statewide registry established within the central repository pursuant to sections 2 to 20, inclusive, of this act.

      Sec. 91.2.  Except as otherwise provided in subsection 3 of section 91.1 of this act, the provisions of sections 90.2 to 91.2, inclusive, of this act do not apply to a child who is subject to registration and community notification pursuant to sections 42 to 76, inclusive, of this act because he has been convicted of a sexual offense, as defined in section 48 of this act, as an adult before reaching 21 years of age.

      Sec. 91.3.  NRS 62.211 is hereby amended to read as follows:

      62.211  1.  Except as otherwise provided in NRS 62.212, if the court finds that a child is within the purview of this chapter it shall so decree and may:

      (a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.

      (b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.

      (c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.

      (d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.

      (e) If the child is less than 17 years of age, order the parent, guardian or custodian of the child, and any brothers, sisters or other persons living in the same household as the child over whom the court has jurisdiction to attend or participate in counseling, alone or together with the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse or techniques of dispute resolution.

      (f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.

      (g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney’s fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.


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ê1997 Statutes of Nevada, Page 1678 (Chapter 451, SB 325)ê

 

any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.

      (h) Order the suspension of the child’s driver’s license for at least 90 days but not more than 2 years. If the child does not possess a driver’s license, the court may prohibit the child from receiving a driver’s license for at least 90 days but not more than 2 years:

             (1) Immediately following the date of the order, if the child is eligible to receive a driver’s license.

             (2) After the date he becomes eligible to apply for a driver’s license, if the child is not eligible to receive a license on the date of the order.

If the court issues an order suspending the driver’s license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all driver’s licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to receive a driver’s license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child’s driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.

      (i) Place the child, when he is not in school, under the supervision of:

             (1) A public organization to work on public projects;

             (2) A public agency to work on projects to eradicate graffiti; or

             (3) A private nonprofit organization to perform other public service.

The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.

      (j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.

      (k) Require the child to provide restitution to the victim of the crime which the child has committed.


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ê1997 Statutes of Nevada, Page 1679 (Chapter 451, SB 325)ê

 

      (l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.

      2.  If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.

      3.  In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:

      (a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.

      (b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.

      4.  [At] Except as otherwise provided in section 90.8 of this act, at any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.

      5.  Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child’s educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.

      6.  In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.

      Sec. 91.4.  NRS 62.360 is hereby amended to read as follows:

      62.360  1.  The court shall make and keep records of all cases brought before it.

      2.  The records may be opened to inspection only by order of the court to persons having a legitimate interest therein except that a release without a court order may be made of any:

      (a) Records of traffic violations which are being forwarded to the department of motor vehicles and public safety;

      (b) Records which have not been sealed and are required by the division of parole and probation of the department of motor vehicles and public safety for preparation of presentence reports pursuant to NRS 176.135; [and]


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ê1997 Statutes of Nevada, Page 1680 (Chapter 451, SB 325)ê

 

      (c) Information maintained in the standardized system established pursuant to NRS 62.420 [.] ; and

      (d) Records which have not been sealed and which are to be used, pursuant to sections 22 to 77, inclusive, of this act, by:

             (1) The central repository for Nevada records of criminal history;

             (2) The division of parole and probation of the department of motor vehicles and public safety; or

             (3) A person who is conducting an assessment of the risk of recidivism of an adult or juvenile sex offender.

      3.  The clerk of the court shall prepare and cause to be printed forms for social and legal records and other papers as may be required.

      4.  Whenever the conduct of a [juvenile] child with respect to whom the jurisdiction of the juvenile court has been invoked may be the basis of a civil action, any party to the civil action may petition the court for release of the child’s name, and upon satisfactory showing to the court that the purpose in obtaining the information is for use in a civil action brought or to be brought in good faith, the court shall order the release of the child’s name and authorize its use in the civil action.

      Sec. 91.5.  NRS 62.370 is hereby amended to read as follows:

      62.370  1.  [In any case in which] Except as otherwise provided in section 91.1 of this act, if a child is taken into custody by a peace officer, is taken before a probation officer, or appears before a judge or master of a juvenile court, district court, justice’s court or municipal court, the child or a probation officer on his behalf may petition for the sealing of all records relating to the child, including records of arrest, but not including records relating to misdemeanor traffic violations, in the custody of the juvenile court, district court, justice’s court or municipal court, probation officer, law enforcement agency, or any other agency or public official, if:

      (a) Three years or more have elapsed after termination of the jurisdiction of the juvenile court; or

      (b) Three years or more have elapsed since the child was last referred to the juvenile court and the child has never been declared a ward of the court.

      2.  The court shall notify the district attorney of the county and the probation officer, if he is not the petitioner. The district attorney, probation officer, any of their deputies or any other persons having relevant evidence may testify at the hearing on the petition.

      3.  If, after the hearing, the court finds that, since such termination of jurisdiction, the child has not been convicted of a felony or of any misdemeanor involving moral turpitude and that rehabilitation has been attained to the satisfaction of the court, it shall order all records, papers and exhibits in the juvenile’s case in the custody of the juvenile court, district court, justice’s court, municipal court, probation officer, law enforcement agency or any other agency or public official sealed. Other records relating to the case, in the custody of such other agencies and officials as are named in the order, must also be ordered sealed. [All juvenile records]

      4.  Except as otherwise provided in section 91.1 of this act, all records relating to a child must be automatically sealed when the [person] child reaches 24 years of age.


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ê1997 Statutes of Nevada, Page 1681 (Chapter 451, SB 325)ê

 

      [4.] 5.  The court shall send a copy of the order sealing the records of a child to each agency and official named therein. Each agency and official shall, within 5 days after receipt of the order:

      (a) Seal records in its custody, as directed by the order.

      (b) Advise the court of its compliance.

      (c) Seal the copy of the court’s order that it or he received.

[As used in this section, “seal” means placing the records in a separate file or other repository not accessible to the general public.

      5.] 6.  If the court orders the records sealed, all proceedings recounted in the records are deemed never to have occurred , and the [minor] person who is the subject of the records may properly reply accordingly to any inquiry concerning the proceedings and the events which brought about the proceedings.

      [6.] 7.  The person who is the subject of records sealed pursuant to this section may petition the court to permit inspection of the records by a person named in the petition and the court may order the inspection.

      [7.] 8.  The court may, upon the application of a district attorney or an attorney representing a defendant in a criminal action, order an inspection of the records for the purpose of obtaining information relating to persons who were involved in the incident recorded.

      [8.] 9.  The court may, upon its own motion and for the purpose of sentencing a convicted adult who is under 21 years of age, inspect any records of that person which are sealed pursuant to this section.

      [9.] 10.  An agency charged with the medical or psychiatric care of a person may petition the court to unseal his juvenile records.

      [10.] 11.  The provisions of this section do not apply to any information maintained in the standardized system established pursuant to NRS 62.420.

      12.  As used in this section, “seal” means placing the records in a separate file or other repository not accessible to the general public.

      Sec. 91.6  NRS 62.380 is hereby amended to read as follows:

      62.380  Any decree or order entered by a judge or master of a juvenile court, district court, justice’s court or municipal court concerning a child within the purview of this chapter [shall] must contain, for the benefit of the child, an explanation of the contents of NRS 62.370 [.] and, if applicable, section 91.1 of this act.

      Sec. 92.  Chapter 207 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 person is convicted of coercion or attempted coercion in violation of paragraph (a) of subsection 2 of NRS 207.190, the court shall, at the request of the prosecuting attorney, conduct a separate hearing to determine whether the offense was sexually motivated. A request for such a hearing may not be submitted to the court unless the prosecuting attorney, before the commencement of the trial, files and serves upon the defendant a written notice of his intention to request such a hearing.

      2.  A hearing requested pursuant to subsection 1 must be conducted before:

      (a) The court imposes its sentence; or

      (b) A separate penalty hearing is conducted.


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ê1997 Statutes of Nevada, Page 1682 (Chapter 451, SB 325)ê

 

      3.  At the hearing, only evidence concerning the question of whether the offense was sexually motivated may be presented. The prosecuting attorney must prove beyond a reasonable doubt that the offense was sexually motivated.

      4.  A person may stipulate that his offense was sexually motivated before a hearing held pursuant to subsection 1 or as part of an agreement to plead nolo contendere, guilty or guilty but mentally ill.

      5.  The court shall enter in the record:

      (a) Its finding from a hearing held pursuant to subsection 1; or

      (b) A stipulation made pursuant to subsection 4.

      6.  For the purposes of this section, an offense is “sexually motivated” if one of the purposes for which the person committed the offense was his sexual gratification.

      Sec. 93.  NRS 207.080 is hereby amended to read as follows:

      207.080  1.  [For the purpose of] Except as otherwise provided in subsection 2, as used in NRS 207.080 to 207.150, inclusive, [a] unless the context otherwise requires, “convicted person” [is:] means:

      (a) Any person convicted in the State of Nevada of an offense punishable as a felony or convicted in any place other than the State of Nevada of a felony or any other offense which is punishable by imprisonment for 1 year or more.

      (b) Any person convicted in the State of Nevada, or elsewhere, of the violation of any law, whether or not the violation is punishable as a felony:

             (1) Relating to or regulating the possession, distribution, furnishing or use of any habit-forming drug of the kind or character described and referred to in the Uniform Controlled Substances Act.

             (2) Regulating or prohibiting the carrying, possession or ownership of any concealed weapon, or deadly weapon, or any weapon capable of being concealed, or regulating or prohibiting the possession, sale or use of any device, instrument or attachment designed or intended to be used to silence the report or conceal the discharge or flash of any firearm.

             (3) Regulating or prohibiting the use, possession, manufacture or compounding of tear gas, or any other gas, which may be used to disable temporarily or permanently any human being.

      (c) Any person convicted of a crime in the State of Nevada pursuant to the provisions of NRS 122.220, 201.120 to 201.170, inclusive, 201.249, 201.251, 201.270, 201.360 to 201.400, inclusive, 201.420, 202.040, 202.055, 202.200 to 202.230, inclusive, 202.2493, 212.170, 212.180, 433.564, 451.010 to 451.040, inclusive, 452.300, 465.070 to 465.085, inclusive, 646.010 to 646.060, inclusive, or 647.110 to 647.145, inclusive, or chapter 462 of NRS, or convicted in any place other than the State of Nevada of an offense which, if committed in this state, would have been punishable under one or more of those sections.

      (d) Any person convicted in the State of Nevada or elsewhere of any attempt or conspiracy to commit any offense described or referred to in NRS 207.080 to 207.150, inclusive.

      2.  [Any person, except as set forth] For the purposes of NRS 207.080 to 207.150, inclusive, “convicted person” does not include:


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ê1997 Statutes of Nevada, Page 1683 (Chapter 451, SB 325)ê

 

      (a) A person who has been convicted of a crime against a child, as defined in section 34 of this act, or a sexual offense, as defined in section 48 of this act; or

      (b) Except as otherwise provided in NRS 207.090 to 207.150, inclusive, a person whose conviction is or has been set aside in the manner provided by law . [shall not be deemed a convicted person.]

      Sec. 93.5.  NRS 209.463 is hereby amended to read as follows:

      209.463  1.  Except as otherwise provided in subsection 3, the director may make the following deductions, in the following order of priority, from the wages earned by an offender from any source during his incarceration:

      (a) If the offender’s hourly wage is equal to or greater than the federal minimum wage:

             (1) An amount the director deems reasonable for deposit with the state treasurer for credit to the fund for the compensation of victims of crime.

             (2) An amount determined by the director, with the approval of the board, for deposit in the state treasury for credit to the fund for new construction of facilities for prison industries, but only if the offender is employed through a program for prison industries.

             (3) An amount determined by the director for deposit in the offender’s individual account in the prisoners’ personal property fund.

             (4) An amount determined by the director, with the approval of the board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the department.

             (5) An amount the director considers reasonable to meet any existing obligation of the offender for the support of his family.

             (6) Any deduction pursuant to NRS 209.246.

             (7) An amount determined by the director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his release, or if the offender dies before his release, to defray any expenses related to any arrangements for his funeral.

             (8) An amount the director considers reasonable to meet any existing obligation of the offender for restitution to any victim of his crime.

             (9) An amount the director considers reasonable to pay the balance of any fee imposed upon the offender for genetic marker testing and included in the judgment entered against the offender pursuant to section 83.7 of this act.

             (10) An amount the director considers reasonable to pay the balance of the administrative assessments included in the judgment entered against the offender for each crime for which he is incarcerated and the balance of any unpaid administrative assessments included in a judgment entered against the offender for any crime committed in this state for which he was previously convicted. Any amount deducted from the offender’s wages pursuant to this subparagraph must be submitted:

                   (I) If the offender does not have any administrative assessments owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which he is incarcerated.


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ê1997 Statutes of Nevada, Page 1684 (Chapter 451, SB 325)ê

 

                   (II) If the offender has any administrative assessments owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which any administrative assessment is owing, until the balance owing has been paid.

             [(10)] (11) An amount the director considers reasonable to pay the balance of the fines included in the judgment entered against the offender for each crime for which he is incarcerated and the balance of any unpaid fines included in a judgment entered against the offender for any crime committed in this state for which he was previously convicted. Any amount deducted from the offender’s wages pursuant to this subparagraph must be submitted:

                   (I) If the offender does not have any fines owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which he is incarcerated.

                   (II) If the offender has any fines owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which any fine or administrative assessment is owing, until the balance owing has been paid.

The director shall determine the priority of any other deduction authorized by law from the wages earned by the offender from any source during his incarceration.

      (b) If the offender’s hourly wage is less than the federal minimum wage:

             (1) An amount the director deems reasonable for deposit with the state treasurer for credit to the fund for the compensation of victims of crime.

             (2) An amount determined by the director, with the approval of the board, for deposit in the state treasury for credit to the fund for new construction of facilities for prison industries, but only if the offender is employed through a program for prison industries.

             (3) An amount determined by the director for deposit in the offender’s individual account in the prisoners’ personal property fund.

             (4) An amount determined by the director, with the approval of the board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the department.

             (5) Any deduction pursuant to NRS 209.246.

             (6) An amount the director considers reasonable to pay the balance of any fee imposed upon the offender for genetic marker testing and included in the judgment entered against the offender pursuant to section 83.7 of this act.

             (7) An amount determined by the director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his release, or if the offender dies before his release, to defray any expenses related to any arrangements for his funeral.

The director shall determine the priority of any other deduction authorized by law from the wages earned by the offender from any source during his incarceration.

      2.  Except as otherwise provided in subsection 3, the director may make the following deductions, in the following priority, from any money deposited in an offender’s account from any source other than his wages:


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ê1997 Statutes of Nevada, Page 1685 (Chapter 451, SB 325)ê

 

      (a) Any deduction pursuant to NRS 209.246.

      (b) An amount determined by the director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his release or, if the offender dies before his release, to defray any expenses related to any arrangements for his funeral.

      (c) An amount the director considers reasonable to pay the balance of any fee imposed upon the offender for genetic marker testing and included in the judgment entered against the offender pursuant to section 83.7 of this act.

The director shall determine the priority of any other deduction authorized by law from any source other than the wages earned by the offender during his incarceration.

      3.  The director shall not make any deduction from the offender’s individual account in the prisoners’ personal property fund if the balance in the account is below the minimum balance designated by the director pursuant to this subsection. The director shall designate the minimum balance of an offender’s account required before such other deductions or withdrawals from the account may be made by the director or the offender.

      4.  Upon the release of an offender, any money from any source remaining in an account of the offender may be used to reimburse the department for any expenses related to his release, including, but not limited to, any expenses incurred by the department pursuant to NRS 209.511 or for transportation of the offender.

      5.  The director may reduce or eliminate any deduction authorized pursuant to subsection 1 from the wages of any offender to the extent necessary to comply with any restrictions imposed by federal law on deductions from wages of that offender.

      Sec. 94.  Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, if the board releases on parole a prisoner convicted of an offense listed in section 63 of this act, the board shall, in addition to any other condition of parole, require as a condition of parole that the parolee:

      (a) Reside at a location only if it has been approved by the parole and probation officer assigned to the parolee;

      (b) Accept a position of employment only if it has been approved by the parole and probation officer assigned to the parolee;

      (c) Abide by any curfew imposed by the parole and probation officer assigned to the parolee;

      (d) Participate in and complete a program of professional counseling approved by the division;

      (e) Submit to periodic tests to determine whether the parolee is using a controlled substance and submit to periodic polygraphic examinations, as requested by the parole and probation officer assigned to the parolee;

      (f) Abstain from consuming alcohol;

      (g) Not have contact or communicate with a victim of the offense or a witness who testified against the parolee or solicit another person to engage in such contact or communication on behalf of the parolee;


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ê1997 Statutes of Nevada, Page 1686 (Chapter 451, SB 325)ê

 

      (h) Not use aliases or fictitious names;

      (i) Not obtain a post office box unless the parolee receives permission from the parole and probation officer assigned to the parolee;

      (j) Not have contact with a person less than 18 years of age in a secluded environment unless another adult who has never been convicted of an offense listed in section 48 of this act is present; and

      (k) Not be in or near:

             (1) A playground, school or school grounds;

             (2) A motion picture theater; or

             (3) A business that primarily has children as customers or conducts events that primarily children attend.

      2.  The board is not required to impose a condition of parole listed in subsection 1 if the board finds that extraordinary circumstances are present and the board states those extraordinary circumstances in writing.

      Sec. 95.  NRS 213.107 is hereby amended to read as follows:

      213.107  As used in NRS 213.107 to 213.157, inclusive, and section 94 of this act, unless the context otherwise requires:

      1.  “Board” means the state board of parole commissioners.

      2.  “Chief” means the chief parole and probation officer.

      3.  “Division” means the division of parole and probation of the department of motor vehicles and public safety.

      4.  “Residential confinement” means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the board.

      5.  “Sex offender” means any person who has been or is convicted of a sexual offense.

      6.  “Sexual offense” means:

      (a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450;

      (b) An attempt to commit any offense listed in paragraph (a); or

      (c) An act of murder in the first or second degree, kidnaping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.

      7.  “Standards” means the objective standards for granting or revoking parole or probation which are adopted by the board or the chief.

      Sec. 96.  NRS 213.1099 is hereby amended to read as follows:

      213.1099  1.  Except as otherwise provided in this section and NRS 213.1215, the board may release on parole a prisoner who is otherwise eligible for parole pursuant to NRS 213.107 to 213.157, inclusive.

      2.  In determining whether to release a prisoner on parole, the board shall consider:

      (a) Whether there is a reasonable probability that the prisoner will live and remain at liberty without violating the laws;

      (b) Whether the release is incompatible with the welfare of society;

      (c) The seriousness of the offense and the history of criminal conduct of the prisoner;


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ê1997 Statutes of Nevada, Page 1687 (Chapter 451, SB 325)ê

 

      (d) The standards adopted pursuant to NRS 213.10885 and the recommendation, if any, of the chief; and

      (e) Any documents or testimony submitted by a victim notified pursuant to NRS 213.130.

      3.  When a person is convicted of a felony and is punished by a sentence of imprisonment, he remains subject to the jurisdiction of the board from the time he is released on parole under the provisions of this chapter until the expiration of the maximum term of imprisonment imposed by the court less any credits earned to reduce his sentence pursuant to chapter 209 of NRS.

      4.  Except as otherwise provided in NRS 213.1215, the board may not release on parole a prisoner whose sentence to death or to life without possibility of parole has been commuted to a lesser penalty unless it finds that the prisoner has served at least 20 consecutive years in the state prison, is not under an order to be detained to answer for a crime or violation of parole or probation in another jurisdiction, and that he does not have a history of:

      (a) Recent misconduct in the institution, and that he has been recommended for parole by the director of the department of prisons;

      (b) Repetitive criminal conduct;

      (c) Criminal conduct related to the use of alcohol or drugs;

      (d) Repetitive sexual deviance, violence or aggression; or

      (e) Failure in parole, probation, work release or similar programs.

      5.  In determining whether to release a prisoner on parole pursuant to this section, the board shall not consider whether the prisoner will soon be eligible for release pursuant to NRS 213.1215.

      6.  The board shall not release on parole [a sex offender] an offender convicted of an offense listed in section 63 of this act until the law enforcement agency in whose jurisdiction [a sex] the offender will be released on parole has been provided an opportunity to give the notice required by the attorney general pursuant to [NRS 213.1253.] sections 61 to 76, inclusive, of this act.

      Sec. 97.  NRS 391.314 is hereby amended to read as follows:

      391.314  1.  If a superintendent has reason to believe that cause exists for the dismissal of a licensed employee and he is of the opinion that the immediate suspension of the employee is necessary in the best interests of the pupils in the district, the superintendent may suspend the employee without notice and without a hearing. Notwithstanding the provisions of NRS 391.312, a superintendent may suspend a licensed employee who has been officially charged but not yet convicted of a felony or a crime involving moral turpitude or immorality. If the charge is dismissed or if the employee is found not guilty, he must be reinstated with back pay, plus interest, and normal seniority. The superintendent shall notify the employee in writing of the suspension.

      2.  Within 5 days after a suspension becomes effective, the superintendent shall begin proceedings pursuant to the provisions of NRS 391.312 to 391.3196, inclusive, to effect the employee’s dismissal. The employee is entitled to continue to receive his salary and other benefits after the suspension becomes effective until the date on which the dismissal proceedings are commenced.


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

ê1997 Statutes of Nevada, Page 1688 (Chapter 451, SB 325)ê

 

the suspension becomes effective until the date on which the dismissal proceedings are commenced. The superintendent may recommend that an employee who has been charged with a felony or a crime involving immorality be dismissed for another ground set forth in NRS 391.312.

      3.  If sufficient grounds for dismissal do not exist, the employee must be reinstated with full compensation, plus interest.

      4.  A licensed employee who furnishes to the school district a bond or other security which is acceptable to the board as a guarantee that he will repay any amounts paid to him pursuant to this subsection as salary during a period of suspension is entitled to continue to receive his salary from the date on which the dismissal proceedings are commenced until the decision of the board or the report of the hearing officer, if the report is final and binding. The board shall not unreasonably refuse to accept security other than a bond. An employee who receives salary pursuant to this subsection shall repay it if he is dismissed or not reemployed as a result of a decision of the board or a report of a hearing officer.

      5.  A licensed employee who is convicted of a crime which requires registration [as a sex offender] pursuant to [NRS 207.151 or] sections 33 to 41, inclusive, or 42 to 60, inclusive, of this act or is convicted of an act forbidden by NRS 200.508, 201.190 [, 201.265 or 207.260] or 201.265 forfeits all rights of employment from the date of his arrest.

      6.  A licensed employee who is convicted of any crime and who is sentenced to and serves any sentence of imprisonment forfeits all rights of employment from the date of his arrest or the date on which his employment terminated, whichever is later.

      7.  A licensed employee who is charged with a felony or a crime involving immorality or moral turpitude and who waives his right to a speedy trial while suspended may receive no more than 12 months of back pay and seniority upon reinstatement if he is found not guilty or the charges are dismissed, unless proceedings have been begun to dismiss the employee upon one of the other grounds set forth in NRS 391.312.

      8.  A superintendent may discipline a licensed employee by suspending the employee with loss of pay at any time after a hearing has been held which affords the due process provided for in this chapter. The grounds for suspension are the same as the grounds contained in NRS 391.312. An employee may be suspended more than once during the employee’s contract year, but the total number of days of suspension may not exceed 20 in 1 contract year. Unless circumstances require otherwise, the suspensions must be progressively longer.

      Sec. 97.5.  Section 2 of Assembly Bill No. 39 of this session is hereby amended to read as follows:

       Sec. 2.  NRS 62.211 is hereby amended to read as follows:

       62.211  1.  Except as otherwise provided in NRS 62.212 [,] and section 1 of this act, if the court finds that a child is within the purview of this chapter it shall so decree and may:

       (a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.


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

ê1997 Statutes of Nevada, Page 1689 (Chapter 451, SB 325)ê

 

a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.

       (b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.

       (c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.

       (d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.

       (e) If the child is less than 17 years of age, order the parent, guardian or custodian of the child, and any brothers, sisters or other persons living in the same household as the child over whom the court has jurisdiction to attend or participate in counseling, alone or together with the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse or techniques of dispute resolution.

       (f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.

       (g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney’s fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.

       (h) Order the suspension of the child’s driver’s license for at least 90 days but not more than 2 years. If the child does not possess a driver’s license, the court may prohibit the child from receiving a driver’s license for at least 90 days but not more than 2 years:

             (1) Immediately following the date of the order, if the child is eligible to receive a driver’s license.

             (2) After the date he becomes eligible to apply for a driver’s license, if the child is not eligible to receive a license on the date of the order.

If the court issues an order suspending the driver’s license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all driver’s licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order.


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

ê1997 Statutes of Nevada, Page 1690 (Chapter 451, SB 325)ê

 

department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to receive a driver’s license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child’s driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.

       (i) Place the child, when he is not in school, under the supervision of:

             (1) A public organization to work on public projects;

             (2) A public agency to work on projects to eradicate graffiti; or

             (3) A private nonprofit organization to perform other public service.

The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.

       (j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.

       (k) Require the child to provide restitution to the victim of the crime which the child has committed.

       (l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.

       2.  If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.

       3.  In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender.


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

ê1997 Statutes of Nevada, Page 1691 (Chapter 451, SB 325)ê

 

consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:

       (a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.

       (b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.

       4.  Except as otherwise provided in section 90.8 of [this act,] Senate Bill No. 325 of this session, at any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.

       5.  Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child’s educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.

       6.  In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.

      Sec. 97.55.  Section 2 of Assembly Bill No. 240 of this session is hereby amended to read as follows:

       Sec. 2.  NRS 213.107 is hereby amended to read as follows:

       213.107  As used in NRS 213.107 to 213.157, inclusive, and section 94 [of this act,] Senate Bill No. 325 of this session, and section 1 of this act, unless the context otherwise requires:

       1.  “Board” means the state board of parole commissioners.

       2.  “Chief” means the chief parole and probation officer.

       3.  “Division” means the division of parole and probation of the department of motor vehicles and public safety.

       4.  “Residential confinement” means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the board.

       5.  “Sex offender” means any person who has been or is convicted of a sexual offense.

       6.  “Sexual offense” means:

       (a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450;

       (b) An attempt to commit any offense listed in paragraph (a); or


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

ê1997 Statutes of Nevada, Page 1692 (Chapter 451, SB 325)ê

 

       (c) An act of murder in the first or second degree, kidnaping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.

       7.  “Standards” means the objective standards for granting or revoking parole or probation which are adopted by the board or the chief.

      Sec. 97.6.  Section 1 of Senate Bill No. 207 of this session is hereby amended to read as follows:

       Section 1.  NRS 62.211 is hereby amended to read as follows:

       62.211  1.  Except as otherwise provided in NRS 62.212 and section 1 of [this act] Assembly Bill No. 39 of this session, if the court finds that a child is within the purview of this chapter it shall so decree and may:

       (a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.

       (b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.

       (c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.

       (d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.

       (e) If the child is less than [17] 18 years of age, order [the] :

             (1) The parent, guardian or custodian of the child [, and any brothers, sisters] ; and

             (2) Any brother, sister or other [persons] person who is living in the same household as the child over whom the court has jurisdiction ,

to attend or participate in counseling, [alone or together] with or without the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse , or techniques of dispute resolution.


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

ê1997 Statutes of Nevada, Page 1693 (Chapter 451, SB 325)ê

 

       (f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.

       (g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney’s fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.

       (h) Order the suspension of the child’s driver’s license for at least 90 days but not more than 2 years. If the child does not possess a driver’s license, the court may prohibit the child from receiving a driver’s license for at least 90 days but not more than 2 years:

             (1) Immediately following the date of the order, if the child is eligible to receive a driver’s license.

             (2) After the date he becomes eligible to apply for a driver’s license, if the child is not eligible to receive a license on the date of the order.

If the court issues an order suspending the driver’s license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all driver’s licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to receive a driver’s license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child’s driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.

       (i) Place the child, when he is not in school, under the supervision of:

             (1) A public organization to work on public projects;

             (2) A public agency to work on projects to eradicate graffiti; or

             (3) A private nonprofit organization to perform other public service.

The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.


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

ê1997 Statutes of Nevada, Page 1694 (Chapter 451, SB 325)ê

 

performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.

       (j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.

       (k) Require the child to provide restitution to the victim of the crime which the child has committed.

       (l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.

       2.  If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.

       3.  In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:

       (a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.

       (b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.

       4.  Except as otherwise provided in section 90.8 of [this act,] Senate Bill No. 325 of this session, at any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.

       5.  Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child’s educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.

       6.  In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.


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

ê1997 Statutes of Nevada, Page 1695 (Chapter 451, SB 325)ê

 

      Sec. 97.61.  Section 7 of Senate Bill No. 102 of this session is hereby amended to read as follows:

       Sec. 7.  1.  In addition to the options set forth in NRS 62.211 and 62.213 and in addition to any other requirements set forth in this chapter, if a child is adjudicated delinquent for an act that, if committed by an adult, would be a sexual offense, the court shall:

       (a) Place the child under the supervision of a probation officer until the child is no longer attending a public school or private school within this state.

       (b) Except as otherwise provided in sections 9 and 10 of this act, prohibit the child from attending a public school or private school that a victim of the sexual offense is attending.

       (c) Order the parents or guardians of the child to inform the probation officer assigned to the child each time the child expects to change the public school or private school that he is attending, not later than 20 days before the expected date of the change.

       (d) Order the parents or guardians of the child, to the extent of their financial ability, to reimburse all or part of the additional costs of transporting the child, if such costs are incurred by a county school district pursuant to sections 13 to 19, inclusive, of this act.

       (e) Inform the parents or guardians of the child of the requirements of sections 2 to 10, inclusive, 13 to 19, inclusive, and 23 to 28, inclusive, of this act.

       2.  The court may authorize a superintendent or the executive head of a private school who receives notification from a probation officer pursuant to section 8 of this act to inform other appropriate educational personnel that the child has been adjudicated delinquent for a sexual offense.

       3.  The court may not terminate its jurisdiction concerning the child for the purposes of carrying out the provisions of sections 2 to 10, inclusive, of this act until the child is no longer attending a public school or private school within this state.

      Sec. 97.62.  Section 11 of Senate Bill No. 102 of this session is hereby amended to read as follows:

       Sec. 11.  NRS 62.211 is hereby amended to read as follows:

       62.211  1.  Except as otherwise provided in NRS 62.212 and section 1 of Assembly Bill No. 39 of this session, if the court finds that a child is within the purview of this chapter it shall so decree and may:

       (a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.

       (b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state.


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

ê1997 Statutes of Nevada, Page 1696 (Chapter 451, SB 325)ê

 

of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.

       (c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.

       (d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.

       (e) If the child is less than 18 years of age, order:

             (1) The parent, guardian or custodian of the child; and

             (2) Any brother, sister or other person who is living in the same household as the child over whom the court has jurisdiction,

to attend or participate in counseling, with or without the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse, or techniques of dispute resolution.

       (f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.

       (g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney’s fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.

       (h) Order the suspension of the child’s driver’s license for at least 90 days but not more than 2 years. If the child does not possess a driver’s license, the court may prohibit the child from receiving a driver’s license for at least 90 days but not more than 2 years:

             (1) Immediately following the date of the order, if the child is eligible to receive a driver’s license.

             (2) After the date he becomes eligible to apply for a driver’s license, if the child is not eligible to receive a license on the date of the order.

If the court issues an order suspending the driver’s license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all driver’s licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to receive a driver’s license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child’s driving record, but such a suspension must not be considered for the purpose of rating or underwriting.


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

ê1997 Statutes of Nevada, Page 1697 (Chapter 451, SB 325)ê

 

agent inquiring about the child’s driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.

       (i) Place the child, when he is not in school, under the supervision of:

             (1) A public organization to work on public projects;

             (2) A public agency to work on projects to eradicate graffiti; or

             (3) A private nonprofit organization to perform other public service.

The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.

       (j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.

       (k) Require the child to provide restitution to the victim of the crime which the child has committed.

       (l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.

       2.  If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.

       3.  In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:

 


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ê1997 Statutes of Nevada, Page 1698 (Chapter 451, SB 325)ê

 

shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:

       (a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.

       (b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.

       4.  Except as otherwise provided in section 90.8 of Senate Bill No. 325 of this session [,] and section 7 of this act, at any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.

       5.  Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child’s educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.

       6.  In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.

      Sec. 97.63.  Section 1 of Senate Bill No. 277 of this session is hereby amended to read as follows:

       Section 1.  NRS 62.211 is hereby amended to read as follows:

       62.211  1.  Except as otherwise provided in NRS 62.212 and section 1 of Assembly Bill No. 39 of this session, if the court finds that a child is within the purview of this chapter it shall so decree and may:

       (a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.

       (b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.

       (c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.


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ê1997 Statutes of Nevada, Page 1699 (Chapter 451, SB 325)ê

 

       (d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.

       (e) If the child is less than 18 years of age, order:

             (1) The parent, guardian or custodian of the child; and

             (2) Any brother, sister or other person who is living in the same household as the child over whom the court has jurisdiction,

to attend or participate in counseling, with or without the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse, or techniques of dispute resolution.

       (f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.

       (g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney’s fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.

       (h) Order the suspension of the child’s driver’s license for at least 90 days but not more than 2 years. If the child does not possess a driver’s license, the court may prohibit the child from receiving a driver’s license for at least 90 days but not more than 2 years:

             (1) Immediately following the date of the order, if the child is eligible to receive a driver’s license.

             (2) After the date he becomes eligible to apply for a driver’s license, if the child is not eligible to receive a license on the date of the order.

If the court issues an order suspending the driver’s license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all driver’s licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to receive a driver’s license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child’s driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.

       (i) Place the child, when he is not in school, under the supervision of:


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ê1997 Statutes of Nevada, Page 1700 (Chapter 451, SB 325)ê

 

             (1) A public organization to work on public projects;

             (2) A public agency to work on projects to eradicate graffiti; or

             (3) A private nonprofit organization to perform other public service.

The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.

       (j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.

       (k) Require the child to provide restitution to the victim of the crime which the child has committed.

       (l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.

       (m) If the child has not previously been found to be within the purview of this chapter and if the act for which the child is found to be within the purview of this chapter did not involve the use or threatened use of force or violence, order the child to participate in a publicly or privately operated program of sports or physical fitness. If the court orders the child to participate in such a program, the court may order any or all of the following, in the following order of priority if practicable:

             (1) The parent or guardian of the child, to the extent of his financial ability, to pay the costs associated with the participation of the child in the program, including, but not limited to, a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property during those periods in which the child participates in the program;

             (2) The child to work on projects or perform public service pursuant to paragraph (i) for a period that reflects the costs associated with the participation of the child in the program; or

             (3) The county in which the petition alleging the child to be delinquent or in need of supervision is filed to pay the costs associated with the participation of the child in the program.

       2.  If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.


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ê1997 Statutes of Nevada, Page 1701 (Chapter 451, SB 325)ê

 

penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.

       3.  In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:

       (a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.

       (b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.

       4.  Except as otherwise provided in section 90.8 of Senate Bill No. 325 of this session and section 7 of [this act,] Senate Bill No. 102 of this session, at any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.

       5.  Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child’s educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.

       6.  In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.

      Sec. 98.  NRS 207.151, 207.152, 207.153, 207.154, 207.155, 207.156, 207.157, 213.1247, 213.1253 and 213.1257 are hereby repealed.

      Sec. 99.  1.  For each sex offender who was convicted before July 1, 1997, and who is incarcerated or confined on July 1, 1997, the division shall, before the sex offender is released:

      (a) Establish a record of registration for the sex offender and provide a copy of the record of registration to the central repository; and

      (b) If the sex offender is subject to community notification, arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the attorney general pursuant to sections 61 to 76, inclusive, of this act.

Before the sex offender is released, the central repository shall provide a copy of the record of registration for the sex offender to the local law enforcement agency in whose jurisdiction the sex offender will reside upon release or, if the sex offender will reside upon release in a jurisdiction which is outside of this state and which requires registration, to the appropriate law enforcement agency in that jurisdiction.


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ê1997 Statutes of Nevada, Page 1702 (Chapter 451, SB 325)ê

 

      2.  For each sex offender who was convicted before July 1, 1997, and who is on probation, parole or any other type of supervised release on July 1, 1997, the division shall:

      (a) Establish a record of registration for the sex offender and provide a copy of the record of registration to the central repository; and

      (b) If the sex offender is subject to community notification, arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the attorney general pursuant to sections 61 to 76, inclusive, of this act.

The central repository shall provide a copy of the record of registration for the sex offender to the local law enforcement agency in whose jurisdiction the sex offender resides.

      3.  Before January 1, 1998, each local law enforcement agency in this state shall provide to the division a copy of all information the law enforcement agency has obtained from each sex offender who has registered before July 1, 1997. As soon as practicable after receiving information concerning a sex offender from a law enforcement agency pursuant to this subsection, the division shall:

      (a) Establish a record of registration for the sex offender and provide a copy of the record of registration to the central repository; and

      (b) If the sex offender is subject to community notification, arrange for the assessment of the risk of recidivism of the sex offender pursuant to the guidelines and procedures for community notification established by the attorney general pursuant to sections 61 to 76, inclusive, of this act.

The central repository shall provide a copy of the record of registration for the sex offender to the local law enforcement agency in whose jurisdiction the sex offender resides.

      4.  As used in this section:

      (a) “Central repository” has the meaning ascribed to it in section 23 of this act.

      (b) “Community notification” has the meaning ascribed to it in section 24 of this act.

      (c) “Division” has the meaning ascribed to it in section 25 of this act.

      (d) “Local law enforcement agency” has the meaning ascribed to it in section 26 of this act.

      (e) “Record of registration” has the meaning ascribed to it section 28 of this act.

      (f) “Sex offender” has the meaning ascribed to it in section 47 of this act.

      Sec. 100.  The amendatory provisions of sections 76, 83 to 84, inclusive, 87, 90.2 to 92, inclusive, 93.5, 94 and 97 of this act do not apply to offenses that are committed before July 1, 1997.

      Sec. 101.  The amendatory provisions of sections 42 to 76, inclusive, of this act do not apply to a sex offender whose duty to register was terminated by order of a court pursuant to NRS 207.156 before July 1, 1997, unless the sex offender was or is convicted of a sexual offense, as defined in section 48 of this act, after the date of the order.


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ê1997 Statutes of Nevada, Page 1703 (Chapter 451, SB 325)ê

 

      Sec. 102.  1.  The advisory council for community notification, heretofore created pursuant to chapter 256, Statutes of Nevada 1995, at page 415, is hereby continued.

      2.  The amendatory provisions of sections 68 and 69 of this act do not affect the terms of appointment of members of the advisory council for community notification who are serving on July 1, 1997.

      Sec. 103.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 104.  1.  Except as otherwise provided in subsection 2, this act becomes effective on July 1, 1997.

      2.  Section 91.3 of this act becomes effective at 12:01 a.m. on July 1, 1997.

________

 

CHAPTER 452, SB 208

Senate Bill No. 208–Senators James, Neal, Rawson, O’Connell, Jacobsen, Mathews, Schneider, Titus, Washington and Wiener

CHAPTER 452

AN ACT relating to gaming; revising the provisions relating to approval of nonrestricted gaming licenses in certain counties; revising various provisions governing establishments holding nonrestricted licenses; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.

      Sec. 2.  1.  The legislature hereby finds that:

      (a) According to the United States Bureau of the Census, the State of Nevada was the fastest-growing state in the United States during the period from 1990 to 1996, increasing its population by approximately 27 percent.

      (b) Forecasters estimate that the State of Nevada will be the fastest-growing state into the beginning of the 21st century, increasing its population during the period from 1996 to 2020 by approximately 79 percent.

      (c) Approximately 65 percent of the residents of the State of Nevada currently live in Clark County and that percentage is increasing.

      (d) During the period from 1985 to 1995, the population of Clark County has increased annually by an amount of between 4 and 9 percent.

      (e) As the population of Clark County increases, the demand for safe and peaceful residential neighborhoods increases, and the need to ensure that such neighborhoods are available in the face of unrelenting urban growth also increases.

      2.  The legislature hereby finds that:


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ê1997 Statutes of Nevada, Page 1704 (Chapter 452, SB 208)ê

 

      (a) The gaming industry is vital to the economy of this state and Clark County, and the continued growth and success of gaming is of critical importance to the general welfare of all the residents of this state.

      (b) A significant part of the continued growth and success of gaming depends upon the attractiveness, excitement and vitality of the Las Vegas Strip. To make the Las Vegas Strip more attractive to visitors, there is a need to promote new development along the Strip and to concentrate the next generation of resort hotels in a location that is convenient to visitors, supported by an existing infrastructure and suitable for the unique and exciting atmosphere of resort hotels.

      (c) The concentration of the next generation of large gaming establishments along the Las Vegas Strip would use land efficiently and would promote responsible use of financial and natural resources by encouraging urban development in those areas where the transportation systems and infrastructure are best suited for such intensive development.

      3.  The legislature hereby finds that:

      (a) Although the continued growth and success of gaming is essential to the welfare of Clark County and this state, the growth of gaming in a planned and predictable manner is necessary for the safety, integrity and tranquillity of the residential neighborhoods of Clark County.

      (b) By concentrating the growth of gaming in those areas where it is most appropriate, the gaming industry and residential neighborhoods will both benefit enormously as those areas best suited for gaming, such as the Las Vegas Strip, will continue to grow and flourish, and those areas best suited for residential living, whether existing or planned for the future, will continue to provide the scenic beauty and safe environment that is essential for enhancing the quality of life of families and children.

      4.  The legislature hereby declares that:

      (a) Because Southern Nevada is the source of a majority of the revenues generated in this state, the well-being and prosperity of the State of Nevada as a whole is necessarily dependent on the orderly, responsible growth of Clark County.

      (b) The fact that a single area has such a significant impact on the rest of the state makes necessary the enactment of a law of special application to ensure that the various communities within Clark County will be able to grow in an orderly and responsible manner into the next century and beyond.

      5.  The legislature, therefore, hereby declares that because a general law cannot be made applicable because of the economic and geographical diversity of the local governments of this state, the unique growth patterns in regions controlled by those local governments, and the special conditions experienced in Clark County as a result of unrestricted gaming development, it is necessary by special act to provide a means by which the State of Nevada may ensure that the growth of gaming within Clark County proceeds in an orderly and responsible manner, to the benefit of residents of and visitors to this state.

      Sec. 3.  The provisions of sections 2 to 11, inclusive, of this act apply to establishments and gaming enterprise districts that are located in a county whose population is 400,000 or more.


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ê1997 Statutes of Nevada, Page 1705 (Chapter 452, SB 208)ê

 

      Sec. 4.  The location of a proposed establishment shall be deemed to be within the Las Vegas Boulevard gaming corridor if the property line of the proposed establishment:

      1.  Is within 1,500 feet of the centerline of Las Vegas Boulevard;

      2.  Is south of the intersection of Las Vegas Boulevard and that portion of St. Louis Avenue which is designated State Highway No. 605; and

      3.  Is adjacent to or north of the northern edge line of State Highway No. 146.

      Sec. 5.  The location of a proposed establishment shall be deemed to be within the rural Clark County gaming zone if the property line of the proposed establishment is not within any of the tracts of land located in the Las Vegas urban growth zone described in section 11 of this act.

      Sec. 6.  If the location of a proposed establishment:

      1.  Is within the Las Vegas Boulevard gaming corridor or the rural Clark County gaming zone; and

      2.  Is not within a gaming enterprise district,

the commission shall not approve a nonrestricted license for the establishment unless the location of the proposed establishment is designated a gaming enterprise district pursuant to NRS 463.194.

      Sec. 7.  1.  If the location of a proposed establishment:

      (a) Is not within the Las Vegas Boulevard gaming corridor or the rural Clark County gaming zone; and

      (b) Is not within a gaming enterprise district,

the commission shall not approve a nonrestricted license for the establishment unless the location of the establishment is designated a gaming enterprise district pursuant to this section.

      2.  If a person is proposing to operate an establishment with a nonrestricted license and the location of the proposed establishment:

      (a) Is not within the Las Vegas Boulevard gaming corridor or the rural Clark County gaming zone; and

      (b) Is not within a gaming enterprise district,

the person may petition the county, city or town having jurisdiction over the location of the proposed establishment to designate the location of the proposed establishment a gaming enterprise district pursuant to this section.

      3.  If a person files a petition pursuant to subsection 2, the county, city or town shall, at least 10 days before the date of the hearing on the petition, mail a notice of the hearing to:

      (a) Each owner of real property whose property line is less than 2,500 feet from the property line of the proposed establishment;

      (b) Each tenant of a mobile home park whose property line is less than 2,500 feet from the property line of the proposed establishment; and

      (c) Any advisory board that represents one or more owners of real property or tenants of a mobile home park whose property line is less than 2,500 feet from the property line of the proposed establishment.

The notice must be written in language that is easy to understand and must set forth the date, time, place and purpose of the hearing and contain a physical description or map of the location of the proposed establishment. The petitioner shall pay the costs of providing the notice that is required by this subsection.


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ê1997 Statutes of Nevada, Page 1706 (Chapter 452, SB 208)ê

 

      4.  Any interested person is entitled to be heard at the hearing on the petition.

      5.  The county, city or town shall cause the hearing on the petition to be reported by a court reporter who is certified pursuant to chapter 656 of NRS. The petitioner shall pay the costs of having the hearing reported.

      6.  At the hearing, the petitioner must prove by clear and convincing evidence that:

      (a) The roads, water, sanitation, utilities and related services to the location are adequate;

      (b) The proposed establishment will not unduly impact public services, consumption of natural resources and the quality of life enjoyed by residents of the surrounding neighborhoods;

      (c) The proposed establishment will enhance, expand and stabilize employment and the local economy;

      (d) The proposed establishment will be located in an area planned or zoned for that purpose pursuant to NRS 278.010 to 278.630, inclusive;

      (e) The proposed establishment will not be detrimental to the health, safety or general welfare of the community or be incompatible with the surrounding area;

      (f) On the date that the petition was filed, the property line of the proposed establishment was not less than:

             (1) Five hundred feet from the property line of a developed residential district; and

             (2) Fifteen hundred feet from the property line of a public school, private school or structure used primarily for religious services or worship; and

      (g) The proposed establishment will not adversely affect:

             (1) A developed residential district; or

             (2) A public school, private school or structure used primarily for religious services,

whose property line is within 2,500 feet from the property line of the proposed establishment.

      7.  A three-fourths vote of the governing body of the county, city or town is required to grant the petition to designate the location of the proposed establishment a gaming enterprise district pursuant to this section.

      8.  A county, city or town that denies a petition submitted pursuant to this section shall not consider another petition concerning the same location or any portion thereof for 1 year after the date of the denial.

      9.  As used in this section:

      (a) “Developed residential district” means a parcel of land zoned primarily for residential use in which at least one completed residential unit has been constructed on the date that the petitioner files a petition pursuant to this section.

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

      (c) “Public school” has the meaning ascribed to it in NRS 385.007.

      Sec. 8.  1.  After a county, city or town makes a decision on a petition filed pursuant to section 7 of this act:

      (a) The petitioner may appeal to the committee if the petition is denied; or


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ê1997 Statutes of Nevada, Page 1707 (Chapter 452, SB 208)ê

 

      (b) An aggrieved party may appeal to the committee if the petition is granted.

      2.  A notice of appeal must be filed with the committee not later than 10 days after the date of the decision on the petition.

      3.  The committee may hear only one appeal from the decision on the petition.

      4.  The committee shall determine whether a person who files a notice of appeal is an aggrieved party. If more than one person files a notice of appeal, the committee shall consolidate the appeals of all persons who the committee determines are aggrieved parties.

      5.  If the petitioner files a notice of appeal, the county, city or town that denied the petition shall be deemed to be the opposing party, and the county, city or town may elect to defend its decision before the committee.

      6.  If a notice of appeal is filed by the petitioner or an aggrieved party, the petitioner shall request the court reporter to prepare a transcript of the report of the hearing on the petition, and the petitioner shall pay the costs of preparing the transcript.

      7.  The committee shall consider the appeal not later than 30 days after the date the notice of appeal is filed. The committee may accept written briefs or hear oral arguments, or both. The committee shall not receive additional evidence and shall confine its review to the record. In reviewing the record, the committee may substitute its judgment for that of the county, city or town and may make its own determinations as to the sufficiency and weight of the evidence on all questions of fact or law.

      8.  The committee shall issue its decision and written findings not later than 30 days after the appeal is heard or is submitted for consideration without oral argument. The committee shall affirm or reverse the decision of the county, city or town and shall grant or deny the petition in accordance with its affirmance or reversal.

      9.  Any party to the appeal before the committee may appeal the decision of the committee to grant or deny the petition to the district court. A party must file such an appeal not later than 20 days after the date of the decision of the committee.

      10.  The committee may take any action that is necessary to carry out the provisions of this section. Any action that is taken by the committee pursuant to this section must be approved by a majority vote of the membership of the committee.

      11.  As used in this section, “committee” means the review panel of the gaming policy committee as provided in subsection 6 of NRS 463.021.

      Sec. 9.  1.  If a county, city or town has established one or more gaming enterprise districts before, on or after the effective date of this act, the county, city or town shall make available for public inspection a map that shows the location of each gaming enterprise district that the county, city or town has established within the limits of its jurisdiction.

      2.  The county, city or town shall update the map at least once every 4 months.

      3.  The map is a public record that is subject to the provisions of chapter 239 of NRS.


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ê1997 Statutes of Nevada, Page 1708 (Chapter 452, SB 208)ê

 

      Sec. 10.  1.  If a parcel of property is not within the Las Vegas Boulevard gaming corridor, is located in a gaming enterprise district and is not being used for the operation of an establishment with a nonrestricted license, a person who owns, leases or controls the property shall erect and maintain at least one sign that complies with the provisions of subsection 2 on each frontage of the property that is adjacent to a county, city or town street or a state highway, if the person intends to use, sell or lease the property for the operation of an establishment with a nonrestricted license.

      2.  A sign that is required to be erected and maintained pursuant to subsection 1:

      (a) Is for informational purposes only and must comply with all local ordinances and regulations that do not conflict with the provisions of this subsection and subsection 1;

      (b) Must be located not more than 20 feet from the edge of the street or state highway that it faces;

      (c) Must not be less than 32 square feet nor more than 80 square feet in surface area and must contain lettering that is not less than 6 inches in height;

      (d) Must indicate in simple and concise language that the property is intended to be used for a casino and a resort hotel; and

      (e) Must be maintained until the proposed establishment is substantially completed or the person who owns, leases or controls the property no longer intends to use, sell or lease the property for the operation of an establishment with a nonrestricted license.

      Sec. 11.  The Las Vegas urban growth zone consists of the following tracts of land:

      1.  All of sections 1 through 3, the north half of section 10, and all of sections 12, 13, 24, 25 and 36, Township 19 South, Range 59 East, MDM.

      2.  The south half of section 1 and all of sections 2 through 36, Township 19 South, Range 60 East, MDM.

      3.  The south half of section 6, all of section 7 and all of sections 13 through 36, Township 19 South, Range 61 East, MDM.

      4.  All of sections 18 through 21, the south half of section 22, the west half of section 26, all of sections 27 through 34 and the west half of section 35, Township 19 South, Range 62 East, MDM.

      5.  All of sections 1 and 12 through 14, the south half of section 15, the southwest quarter of section 20, and all of sections 21 through 29 and 33 through 36, Township 20 South, Range 59 East, MDM.

      6.  All of Township 20 South, Range 60 East, MDM.

      7.  All of Township 20 South, Range 61 East, MDM.

      8.  The west half of section 2, all of sections 3 through 10, the west half of section 11, the west half of section 14, all of sections 15 through 22, the west half of section 23, the west half of section 26, all of sections 27 through 34 and the west half of section 35, Township 20 South, Range 62 East, MDM.

      9.  All of sections 1 and 2, the north half of the northeast quarter of section 3, and all of sections 11 through 14, 23 through 26 and 36, Township 21 South, Range 59 East, MDM.

      10.  All of Township 21 South, Range 60 East, MDM.


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ê1997 Statutes of Nevada, Page 1709 (Chapter 452, SB 208)ê

 

      11.  All of Township 21 South, Range 61 East, MDM.

      12.  The west half of section 2, all of sections 3 through 10, the west half of section 11, the west half of section 14, all of sections 15 through 22, the west half of the west half of section 23, the south half of the south half of section 25, and all of sections 26 through 36, Township 21 South, Range 62 East, MDM.

      13.  All of sections 27, 31 through 33 and those portions of sections 26 and 34 north of state route 41, Township 21 South, Range 63 East, MDM.

      14.  The north half of section 1, Township 22 South, Range 59 East, MDM.

      15.  All of sections 1 through 29, the north half of section 30, all of section 34, the north half and the southeast quarter of section 35, and all of section 36, Township 22 South, Range 60 East, MDM.

      16.  All of Township 22 South, Range 61 East, MDM.

      17.  All of sections 1 through 33, Township 22 South, Range 62 East, MDM.

      18.  All of sections 4 through 9, 16 through 21 and 27 through 34, Township 22 South, Range 63 East, MDM.

      19.  All of sections 1 through 6, 8 through 17 and 20 through 24, Township 23 South, Range 61 East, MDM.

      20.  All of sections 5 through 8, the west half of section 17, all of section 18 and those portions of sections 19 and 20 located outside of the North McCullough Wilderness Study Area as the boundaries of that area existed on May 1, 1997, Township 23 South, Range 62 East, MDM.

      21.  The northwest quarter and that portion of the northeast quarter of section 3 lying northwest of the line connecting the northeast corner of section 3 with the center of section 3, Township 23 South, Range 63 East, MDM.

      Sec. 12.  NRS 463.0129 is hereby amended to read as follows:

      463.0129  1.  The legislature hereby finds, and declares to be the public policy of this state, that:

      (a) The gaming industry is vitally important to the economy of the state and the general welfare of the inhabitants.

      (b) The continued growth and success of gaming is dependent upon public confidence and trust that licensed gaming is conducted honestly and competitively, that establishments where gaming is conducted and where gambling devices are operated do not unduly impact the quality of life enjoyed by residents of the surrounding neighborhoods, that the rights of the creditors of licensees are protected and that gaming is free from criminal and corruptive elements.

      (c) Public confidence and trust can only be maintained by strict regulation of all persons, locations, practices, associations and activities related to the operation of licensed gaming establishments and the manufacture or distribution of gambling devices and equipment.

      (d) All establishments where gaming is conducted and where gambling devices are operated, and manufacturers, sellers and distributors of certain gambling devices and equipment must therefore be licensed, controlled and assisted to protect the public health, safety, morals, good order and general welfare of the inhabitants of the state, to foster the stability and success of gaming and to preserve the competitive economy and policies of free competition of the State of Nevada.


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ê1997 Statutes of Nevada, Page 1710 (Chapter 452, SB 208)ê

 

gaming and to preserve the competitive economy and policies of free competition of the State of Nevada.

      (e) To ensure that gaming is conducted honestly, competitively and free of criminal and corruptive elements, all gaming establishments in this state must remain open to the general public and the access of the general public to gaming activities must not be restricted in any manner except as provided by the legislature.

      2.  No applicant for a license or other affirmative commission approval has any right to a license or the granting of the approval sought. Any license issued or other commission approval granted pursuant to the provisions of this chapter or chapter 464 of NRS is a revocable privilege, and no holder acquires any vested right therein or thereunder.

      3.  This section does not:

      (a) Abrogate or abridge any common law right of a gaming establishment to exclude any person from gaming activities or eject any person from the premises of the establishment for any reason; or

      (b) Prohibit a licensee from establishing minimum wagers for any gambling game or slot machine.

      Sec. 13.  NRS 463.021 is hereby amended to read as follows:

      463.021  1.  The gaming policy committee, consisting of the governor as chairman and 10 members, is hereby created.

      2.  The committee must be composed of:

      (a) One member of the commission, designated by the chairman of the commission;

      (b) One member of the board, designated by the chairman of the board;

      (c) One member of the senate appointed by the legislative commission;

      (d) One member of the assembly appointed by the legislative commission;

      (e) One enrolled member of a Nevada Indian tribe appointed by the Inter-Tribal Council of Nevada, Inc.; and

      (f) Five members appointed by the governor for terms of 2 years as follows:

             (1) Two representatives of the general public;

             (2) Two representatives of nonrestricted gaming licensees; and

             (3) One representative of restricted gaming licensees.

      3.  Members who are appointed by the governor serve at the pleasure of the governor.

      4.  Members who are legislators serve terms beginning when the legislature convenes and continuing until the next regular session of the legislature is convened.

      5.  [The] Except as otherwise provided in subsection 6, the governor may call meetings of the gaming policy committee for the exclusive purpose of discussing matters of gaming policy. The recommendations concerning gaming policy made by the committee pursuant to this subsection are advisory and not binding on the board or the commission in the performance of their duties and functions.

      6.  An appeal filed pursuant to section 8 of this act may be considered only by a review panel of the committee. The review panel must consist of the members of the committee who are identified in paragraphs (a), (b) and (e) of subsection 2 and subparagraph (1) of paragraph (f) of subsection 2.


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ê1997 Statutes of Nevada, Page 1711 (Chapter 452, SB 208)ê

 

the members of the committee who are identified in paragraphs (a), (b) and (e) of subsection 2 and subparagraph (1) of paragraph (f) of subsection 2.

      Sec. 14.  NRS 463.192 is hereby amended to read as follows:

      463.192  1.  The commission shall not approve a nonrestricted license for an establishment in a county whose population is 400,000 or more unless the establishment is located in a gaming enterprise district.

      2.  The location of an establishment within a gaming enterprise district may not be expanded unless the expansion of the location of the establishment is also within a gaming enterprise district.

      3.  If an establishment is not located within a gaming enterprise district, the establishment may not increase the number of games or slot machines operated at the establishment beyond the number of games or slot machines authorized for such a classification of establishment by local ordinance on December 31, 1996.

      Sec. 15.  NRS 113.070 is hereby amended to read as follows:

      113.070  1.  Except as otherwise provided in subsection 3, in a county whose population is 400,000 or more, a seller may not sign a sales agreement with the initial purchaser of a residence unless the seller, at least 24 hours before the time of the signing, provides the initial purchaser with a disclosure document that contains:

      (a) A copy of the most recent gaming enterprise district map that has been made available for public inspection pursuant to section 9 of this act by the city or town in which the residence is located or, if the residence is not located in a city or town, by the county in which the residence is located; and

      (b) The location of the gaming enterprise district that is nearest to the residence, regardless of the jurisdiction in which the nearest gaming enterprise district is located.

The seller shall retain a copy of the disclosure document which has been signed by the initial purchaser acknowledging the time and date of receipt by the initial purchaser of the original document.

      2.  The information contained in the disclosure document required by subsection 1 must:

      (a) Be updated no less than once every 4 months;

      (b) Advise the initial purchaser that gaming enterprise districts are subject to change; and

      (c) Provide the initial purchaser with instructions on how to obtain more current information.

      3.  The initial purchaser of a residence may waive the 24-hour period required by subsection 1 if the seller provides the initial purchaser with the information required by subsections 1 and 2 and the initial purchaser signs a written waiver. The seller shall retain a copy of the written waiver which has been signed by the initial purchaser acknowledging the time and date of receipt by the initial purchaser of the original document.

      4.  Before the initial purchaser of a residence signs a sales agreement, the seller shall, by separate written document, disclose to him the zoning designations and the designations in the master plan regarding land use, adopted pursuant to chapter 278 of NRS for the adjoining parcels of land. If the residence is located within a subdivision, the disclosure must be made regarding all parcels of land adjoining the unit of the subdivision in which the residence is located.


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

ê1997 Statutes of Nevada, Page 1712 (Chapter 452, SB 208)ê

 

regarding all parcels of land adjoining the unit of the subdivision in which the residence is located. If the residence is located on land divided by a parcel map and not located within a subdivision, the disclosure must be made regarding all parcels of land adjoining the parcel map. Such a disclosure must be made regardless of whether the adjoining parcels are owned by the seller. The seller shall retain a copy of the disclosure document which has been signed by the initial purchaser acknowledging the date of receipt by the initial purchaser of the original document.

      [2.] 5.  The information contained in the disclosure document required by subsection 4 must:

      (a) Be updated no less than once every 6 months, if the information is available from the local government;

      (b) Advise the initial purchaser that the master plan and zoning ordinances and regulations adopted pursuant to the master plan are subject to change; and

      (c) Provide the initial purchaser with instructions on how to obtain more current information.

      [3.] 6.  As used in this section, “seller” means a person who sells or attempts to sell any land or tract of land in this state which is divided or proposed to be divided over any period into two or more lots, parcels, units or interests, including, but not limited to, undivided interests, which are offered, known, designated or advertised as a common unit by a common name or as a part of a common promotional plan of advertising and sale.

      Sec. 16.  NRS 410.270 is hereby amended to read as follows:

      410.270  1.  “Outdoor advertising,” “outdoor advertising sign, display or device” and “sign, display or device” mean any outdoor sign, display, device, light, figure, painting, drawing, message, plaque, poster, billboard or other thing which is designed, intended or used to advertise or inform, any part of the advertising or information contents of which is visible from any place on the main-traveled way of the interstate or primary highway systems.

      2.  The terms do not include a sign that is required to be erected and maintained in a gaming enterprise district pursuant to section 10 of this act.

      Sec. 17.  Section 5 of chapter 485, Statutes of Nevada 1991, as amended by section 2 of chapter 497, Statutes of Nevada 1993, at page 2048, is hereby amended to read as follows:

       Sec. 5.  1.  NRS 463.1605 does not apply to:

       (a) Any application for a nonrestricted license filed with the state gaming control board before July 1, 1992 [; or] , and approved by the Nevada gaming commission before December 31, 1999, provided that the nonrestricted license does not permit the operation of more games or slot machines at the establishment than is authorized for such a classification of establishment by local ordinance on the date that the nonrestricted license is approved.

       (b) Any establishment that holds or held a nonrestricted license issued before July 1, 1992, [unless the] provided that the nonrestricted license does not permit the operation of more games or slot machines at the establishment than is authorized for such a classification of establishment by local ordinance as of December 31, 1996.


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ê1997 Statutes of Nevada, Page 1713 (Chapter 452, SB 208)ê

 

       2.  The exemptions set forth in subsection 1 do not apply to an establishment that ceases gaming operations for a period of more than 2 years after July 1, 1992.

       [2.] 3.  NRS 463.1605 does not prohibit:

       (a) The operation of a race book or sports pool at an establishment that was issued a license for such an operation before July 1, 1993, unless the establishment ceases its operation of the race book or sports pool for a period of more than 2 years.

       (b) The movement of a race book or sports pool operation that was issued a license before July 1, 1993, to any location within the same county if the operation is otherwise permitted at the new location.

      Sec. 18.  1.  The term of the member of the gaming policy committee designated by the commission pursuant to paragraph (a) of subsection 2 of NRS 463.021 shall be deemed to expire on the effective date of this act and the chairman of the commission shall, as soon as practicable, designate a new member pursuant to the amendatory provisions of section 13 of this act.

      2.  The term of the member of the gaming policy committee designated by the board pursuant to paragraph (b) of subsection 2 of NRS 463.021 shall be deemed to expire on the effective date of this act and the chairman of the board shall, as soon as practicable, designate a new member pursuant to the amendatory provisions of section 13 of this act.

      Sec. 19.  The amendatory provisions of this act do not apply to:

      1.  An establishment that holds a nonrestricted license for a resort hotel on the effective date of this act and all parcels of land that are adjacent to the property line of the establishment or adjacent to a street or highway that is adjacent to the property line of such an establishment, if such parcels are owned or leased, on the effective date of this act, by the same person or entity, or any affiliate of the person or entity, which owns or leases the property on which the establishment is located; or

      2.  The location of a proposed establishment if:

      (a) The property line of the proposed establishment is:

             (1) Within 1,500 feet from the centerline of the Boulder Highway;

             (2) South of the intersection of the Boulder Highway and Race Track Road; and

             (3) North of the northern edge line of Railroad Pass; and

      (b) The local governing body having jurisdiction over the location of the proposed establishment granted all approvals for land use for the proposed establishment before the effective date of this act and those approvals were unexpired on that date.

      Sec. 20.  A proposed resort hotel:

      1.  That is located on 25 or more acres of property;

      2.  That is located in the unincorporated area of the county, which has been designated for gaming by the master plan of the county; and

      3.  For which an application for appropriate zoning is submitted to the county before June 28, 1997,

may petition the county, city or town having jurisdiction over the location of the proposed establishment to designate the location of the proposed establishment a gaming enterprise district pursuant to NRS 463.194.


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

ê1997 Statutes of Nevada, Page 1714 (Chapter 452, SB 208)ê

 

      Sec. 21.  1.  Except as otherwise provided in subsections 2 to 6, inclusive, all designations of locations as gaming enterprise districts that were made before the effective date of this act expire on the effective date of this act.

      2.  The provisions of subsection 1 do not apply to a location that was designated a gaming enterprise district before the effective date of this act if:

      (a) The local governing body having jurisdiction over the location of the proposed establishment grants all approvals for land use for the proposed establishment on or before December 31, 1998, and those approvals remain unexpired on that date; and

      (b) The Nevada gaming commission approves a nonrestricted license for the proposed establishment on or before December 31, 2002.

      3.  The provisions of subsection 1 do not apply to a location that is within the Las Vegas Boulevard gaming corridor or the rural Clark County gaming zone.

      4.  The provisions of subsection 1 do not apply to a location that is within the boundaries of a master planned community, as defined by local ordinance:

      (a) Of 125 acres or more;

      (b) That was initially approved before June 28, 1997; and

      (c) In which gaming was a permitted use before the approval of the master planned community or in which gaming was approved as part of the approval of the master planned community.

      5.  The provisions of subsection 1 do not apply to a location that was designated a gaming enterprise district before June 28, 1997, if the location:

      (a) Is 20 contiguous acres or more and was located in the unincorporated area of the county on the effective date of this act;

      (b) Is within 1,500 feet from an interstate highway interchange that was located in the unincorporated area of the county on the effective date of this act;

      (c) Is within 1,500 feet from the Las Vegas Boulevard gaming corridor; and

      (d) Is within 1,500 feet from a parcel of land on which a licensed resort hotel was operated or located within the 2 years immediately preceding the effective date of this act.

      6.  The provisions of subsection 1 do not apply to a location that was designated a gaming enterprise district before June 28, 1997, if the location:

      (a) Is owned or leased by a nonrestricted licensee or its affiliate;

      (b) Is 20 contiguous acres or more and was located in the unincorporated area of the county on the effective date of this act; and

      (c) Is within 1,500 feet from a parcel of land on which a licensed resort hotel was operated or located on the effective date of this act.

      7.  If the designation of a location as a gaming enterprise district expires pursuant to subsection 1, the person proposing to operate the establishment may petition the county, city or town having jurisdiction over the location of the proposed establishment to have the location designated a gaming enterprise district pursuant to section 7 of this act.


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

ê1997 Statutes of Nevada, Page 1715 (Chapter 452, SB 208)ê

 

      Sec. 22.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 23.  This act becomes effective upon passage and approval.

________

 

CHAPTER 453, SB 316

Senate Bill No. 316–Senators Porter, Augustine, Adler, Coffin, Jacobsen, James, Mathews, Neal, Raggio, Rawson, Regan, Schneider, Titus, Washington and Wiener

CHAPTER 453

AN ACT relating to educational personnel; requiring the boards of trustees of school districts to establish and carry out plans for the training and certification of certain teachers and other educational personnel in the administration of cardiopulmonary resuscitation; clarifying that teachers and other educational personnel who are certified in the administration of cardiopulmonary resuscitation are not liable for civil damages resulting from the administration of cardiopulmonary resuscitation in good faith under certain circumstances; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 391 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The board of trustees of each school district:

      (a) Shall establish a plan for the teachers and other licensed educational personnel in the school district who teach or supervise pupils in physical education; and

      (b) May establish a plan for the teachers and other licensed educational personnel in the school district who teach or supervise pupils in courses of study or activities other than physical education which involve a high risk that cardiopulmonary resuscitation will need to be administered during the course of study or activity,

to receive the training which is necessary for certification in the administration of cardiopulmonary resuscitation.

      2.  A plan established by the board of trustees pursuant to subsection 1 must:

      (a) Comply with the guidelines established by the American National Red Cross or the American Heart Association for the certification of persons in the administration of cardiopulmonary resuscitation;

      (b) Set forth the courses of study and activities offered at schools within the district other than physical education which involve a high risk that cardiopulmonary resuscitation will need to be administered during the course of study or activity, including, without limitation, laboratory sciences, vocational education, special education, competitive sports and the transportation of pupils; and


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

ê1997 Statutes of Nevada, Page 1716 (Chapter 453, SB 316)ê

 

      (c) Set forth an estimation of the time and resources necessary for all personnel of the district to obtain certification in the administration of cardiopulmonary resuscitation.

      3.  The board of trustees of each school district shall submit to the state board any plan that it establishes pursuant to subsection 1.

      4.  A teacher or other person who:

      (a) Is licensed pursuant to this chapter; and

      (b) Teaches or supervises:

             (1) Physical education; or

             (2) A course of study or an activity that the board of trustees of the school district in which the person is employed has identified as involving a high risk that cardiopulmonary resuscitation will need to be administered during the course of study or activity and for which the board of trustees has established a plan pursuant to subsection 1,

shall establish and maintain current certification in the administration of cardiopulmonary resuscitation in accordance with the plan established by the board of trustees.

      5.  The board of trustees of a school district may enter into an agreement with a local fire department, a local law enforcement agency or a nonprofit organization to provide the training and certification required by the plan.

      Sec. 2.  NRS 41.500 is hereby amended to read as follows:

      41.500  1.  Except as otherwise provided in NRS 41.505, any person in this state [,] who renders emergency care or assistance in an emergency, gratuitously and in good faith, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured person.

      2.  Any person in this state who acts as a driver of an ambulance or attendant on an ambulance operated by a volunteer service or as a volunteer driver or attendant on an ambulance operated by a political subdivision of this state, or owned by the Federal Government and operated by a contractor of the Federal Government, and who in good faith renders emergency care or assistance to any injured or ill person, whether at the scene of an emergency or while transporting an injured or ill person to or from any clinic, doctor’s office or other medical facility, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.

      3.  Any appointed member of a volunteer service operating an ambulance or an appointed volunteer serving on an ambulance operated by a political subdivision of this state, other than a driver or attendant, of an ambulance, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him whenever he is performing his duties in good faith.

      4.  Any person who is a member of a search and rescue organization in this state under the direct supervision of any county sheriff who in good faith renders care or assistance in an emergency to any injured or ill person, whether at the scene of an emergency or while transporting an injured or ill person to or from any clinic, doctor’s office or other medical facility, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.


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ê1997 Statutes of Nevada, Page 1717 (Chapter 453, SB 316)ê

 

faith renders care or assistance in an emergency to any injured or ill person, whether at the scene of an emergency or while transporting an injured or ill person to or from any clinic, doctor’s office or other medical facility, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.

      5.  Any person who is employed by or serves as a volunteer for a public fire-fighting agency and who is authorized pursuant to chapter 450B of NRS to render emergency medical care at the scene of an emergency is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.

      6.  Any person who:

      (a) Has successfully completed a course in cardiopulmonary resuscitation according to the guidelines of the American National Red Cross or American Heart Association;

      (b) Has successfully completed the training requirements of a course in basic emergency care of a person in cardiac arrest conducted in accordance with the standards of the American Heart Association; or

      (c) Is directed by the instructions of a dispatcher for an ambulance, air ambulance or other agency that provides emergency medical services before its arrival at the scene of the emergency,

and who in good faith renders cardiopulmonary resuscitation in accordance with his training or the direction, other than in the course of his regular employment or profession, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care.

      7.  For the purposes of subsection 6, a person who:

      (a) Is required to be certified in the administration of cardiopulmonary resuscitation pursuant to section 1 of this act; and

      (b) In good faith renders cardiopulmonary resuscitation on the property of a public school or in connection with a transportation of pupils to or from a public school or while on activities that are part of the program of a public school,

shall be presumed to have acted other than in the course of his regular employment or profession.

      Sec. 3.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 4.  On or before September 1, 1998, the board of trustees of each school district shall establish and submit to the state board of education the plans required pursuant to section 1 of this act.

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

________

 


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ê1997 Statutes of Nevada, Page 1718ê

 

CHAPTER 454, SB 209

Senate Bill No. 209–Senators Titus, Adler, Coffin, Mathews, Regan, Schneider, Shaffer and Wiener

CHAPTER 454

AN ACT relating to Medicaid; requiring the department of human resources to pay licensed providers of hospice care for services for hospice care provided to persons who are eligible for Medicaid; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The department, through the division of health care financing and policy, shall pay, under the state plan for Medicaid:

      (a) A freestanding facility for hospice care licensed pursuant to NRS 449.030; or

      (b) A program for hospice care licensed pursuant to NRS 449.030,

for the services for hospice care provided by that facility or program to a person who is eligible to receive Medicaid.

      2.  As used in this section:

      (a) “Freestanding facility for hospice care” has the meaning ascribed to it in NRS 449.006.

      (b) “Hospice care” has the meaning ascribed to it in NRS 449.0115.

      Sec. 2.  Senate Bill No. 427 of this session is hereby amended by adding a new section designated sec. 90, following sec. 89, to read as follows:

       Sec. 90.  The legislative counsel shall:

       1.  In preparing the reprint and supplements to the Nevada Revised Statutes, with respect to any section that is not amended by this act or is further amended by another act, appropriately change any reference to the “welfare division of the department of human resources” to the “division of health care financing and policy within the department of human resources” in order to carry out the provisions of this act.

       2.  In preparing supplements to the Nevada Administrative Code, appropriately change any reference to the “welfare division of the department of human resources” to the “division of health care financing and policy within the department of human resources.”

      Sec. 3.  Assembly Bill No. 13 of this session is hereby amended by adding a new section designated sec. 40, following sec. 39, to read as follows:

       Sec. 40.  The legislative counsel shall:

       1.  In preparing the reprint and supplements to the Nevada Revised Statutes, with respect to any section that is not amended by this act or is further amended by another act, appropriately change any reference to “assistance to the medically indigent” to “Medicaid.”


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

ê1997 Statutes of Nevada, Page 1719 (Chapter 454, SB 209)ê

 

       2.  In preparing supplements to the Nevada Administrative Code, appropriately change any reference to “assistance to the medically indigent” to “Medicaid.”

      Sec. 4.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 5.  1.  This section and sections 2 and 3 of this act become effective upon passage and approval.

      2.  Sections 1 and 4 of this act become effective on October 1, 1997.

________

 

CHAPTER 455, AB 280

Assembly Bill No. 280–Assemblymen Berman, Ohrenschall, Herrera, Manendo, Nolan, Collins, Koivisto, Gustavson, Buckley, Carpenter, Segerblom, Perkins, Hettrick, Anderson, Price, Ernaut, Cegavske, Krenzer, Chowning, Lee, Braunlin, Parks, Lambert, Bache, Arberry, Giunchigliani, Goldwater, Amodei, Von Tobel, Neighbors and de Braga

CHAPTER 455

AN ACT relating to crimes; increasing the penalty for certain sexual offenses committed against a child who is less than 14 years of age; requiring the state board of parole commissioners, when appropriate, to impose certain conditions of parole on persons who commit such offenses; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 200.366 is hereby amended to read as follows:

      200.366  1.  A person who subjects another person to sexual penetration, or who forces another person to make a sexual penetration on himself or another, or on a beast, against the victim’s will or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his conduct, is guilty of sexual assault.

      2.  Except as otherwise provided in subsection 3, a person who commits a sexual assault is guilty of a category A felony and shall be punished:

      (a) If substantial bodily harm to the victim results from the actions of the defendant committed in connection with or as a part of the sexual assault, by imprisonment in the state prison:

             (1) For life without the possibility of parole;

             (2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served; or

             (3) For a definite term of 40 years, with eligibility for parole beginning when a minimum of 15 years has been served.

      (b) If no substantial bodily harm to the victim results:

             (1) By imprisonment in the state prison for life, with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or


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ê1997 Statutes of Nevada, Page 1720 (Chapter 455, AB 280)ê

 

             (2) By imprisonment in the state prison for a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.

      3.  A person who commits a sexual assault against a child under the age of 16 years is guilty of a category A felony and shall be punished:

      (a) If the crime results in substantial bodily harm to the child, by imprisonment in the state prison for life without the possibility of parole.

      (b) [If] Except as otherwise provided in paragraph (c), if the crime does not result in substantial bodily harm to the child, by imprisonment in the state prison for:

             (1) Life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served; or

             (2) [For a] A definite term of not less than 5 years nor more than 20 years, without the possibility of parole.

      (c) If the crime is committed against a child under the age of 14 years and does not result in substantial bodily harm to the child, by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served.

      Sec. 2.  NRS 200.508 is hereby amended to read as follows:

      200.508  1.  A person who:

      (a) Willfully causes a child who is less than 18 years of age to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect; or

      (b) Is responsible for the safety or welfare of a child and who permits or allows that child to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect,

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

      2.  A person who violates any provision of subsection 1, if substantial bodily or mental harm results to the child [,] :

      (a) If the child is less than 14 years of age and the harm is the result of sexual abuse or exploitation, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

      (b) In all other such cases to which paragraph (a) does not apply, 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.

      3.  As used in this section:

      (a) “Abuse or neglect” means physical or mental injury of a nonaccidental nature, sexual abuse, sexual exploitation, negligent treatment or maltreatment of a child under the age of 18 years, as set forth in NRS 432B.070, 432B.090, 432B.100, 432B.110, 432B.140 and 432B.150, under circumstances which indicate that the child’s health or welfare is harmed or threatened with harm.


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

ê1997 Statutes of Nevada, Page 1721 (Chapter 455, AB 280)ê

 

circumstances which indicate that the child’s health or welfare is harmed or threatened with harm.

      (b) “Allow” means to do nothing to prevent or stop the abuse or neglect of a child in circumstances where the person knows or has reason to know that the child is abused or neglected.

      (c) “Permit” means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care, custody and control of a minor child.

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

      Sec. 3.  NRS 200.750 is hereby amended to read as follows:

      200.750  [Each] A person punishable pursuant to NRS 200.710 or 200.720 shall be punished for a category A felony [:

      1.  By] by imprisonment in the state prison:

      1.  If the minor is 14 years of age or older:

      (a)For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served; or

      (b)For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served , [; and

      2.  By]

and shall be further punished by a fine of not more than $100,000.

      2.  If the minor is less than 14 years of age, for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served, and shall be further punished by a fine of not more than $100,000.

      Sec. 4.  NRS 201.195 is hereby amended to read as follows:

      201.195  1.  A person who incites, entices or solicits a minor to engage in acts which constitute the infamous crime against nature:

      (a) If the minor actually engaged in such acts as a result [,] and:

             (1) The minor was less than 14 years of age, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served.

             (2) The minor was 14 years of age or older, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      (b) If the minor did not engage in such acts:

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

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

      2.  A person convicted of violating any of the provisions of subsection 1 may not be:

      (a) Paroled unless a board consisting of:

             (1) The administrator of the mental hygiene and mental retardation division of the department of human resources or his designee;

             (2) The director of the department of prisons or his designee; and

             (3) A psychologist licensed to practice in Nevada or a psychiatrist licensed to practice medicine in Nevada, certifies that the person so convicted was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others.


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

ê1997 Statutes of Nevada, Page 1722 (Chapter 455, AB 280)ê

 

certifies that the person so convicted was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others.

      (b) Released on probation unless a psychologist licensed to practice in Nevada or a psychiatrist licensed to practice medicine in Nevada certifies that the person so convicted is not a menace to the health, safety or morals of others.

      3.  As used in this section, the “infamous crime against nature” means anal intercourse, cunnilingus or fellatio between natural persons of the same sex. Any sexual penetration, however slight, is sufficient to complete the infamous crime against nature.

      Sec. 5.  NRS 201.230 is hereby amended to read as follows:

      201.230  1.  A person who willfully and lewdly commits any lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of that child, is guilty of a category [B] A 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] life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years [,] has been served, and may be further punished by a fine of not more than $10,000.

      2.  A person convicted of violating any of the provisions of subsection 1 must not be:

      (a) Paroled unless a board consisting of:

             (1) The administrator of the mental hygiene and mental retardation division of the department of human resources;

             (2) The director of the department of prisons; and

             (3) A psychologist licensed to practice in Nevada or a psychiatrist licensed to practice medicine in Nevada,

certifies that the person so convicted was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others. For the purposes of this paragraph, the administrator and the director may each designate a person to represent him on the board.

      (b) Released on probation unless a psychologist licensed to practice in Nevada or a psychiatrist licensed to practice medicine in Nevada certifies that the person so convicted is not a menace to the health, safety or morals of others.

      Sec. 6.  Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  As a condition of releasing on parole a prisoner who was convicted of committing an offense listed in subsection 2 against a child under the age of 14 years, the board shall, when appropriate:

      (a) Require the parolee to participate in psychological counseling;

      (b) Prohibit the parolee from being alone with a child unless another adult who has never been convicted of a sexual offense is present; and

      (c) Prohibit the parolee from being on or near the grounds of any place that is primarily designed for use by or for children, including, without limitation, a public or private school, a center or facility that provides day care services, a video arcade and an amusement park.


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

ê1997 Statutes of Nevada, Page 1723 (Chapter 455, AB 280)ê

 

limitation, a public or private school, a center or facility that provides day care services, a video arcade and an amusement park.

      2.  The provisions of subsection 1 apply to a prisoner who was convicted of:

      (a) Sexual assault pursuant to paragraph (c) of subsection 3 of NRS 200.366;

      (b) Abuse or neglect of a child pursuant to paragraph (a) of subsection 2 of NRS 200.508;

      (c) An offense punishable pursuant to subsection 2 of NRS 200.750;

      (d) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to subparagraph (1) of paragraph (a) of subsection 1 of NRS 201.195;

      (e) Lewdness with a child pursuant to NRS 201.230; or

      (f) Any combination of the crimes listed in paragraphs (a) to (e), inclusive.

      Sec. 7.  NRS 213.107 is hereby amended to read as follows:

      213.107  As used in NRS 213.107 to 213.157, inclusive, and section 6 of this act, unless the context otherwise requires:

      1.  “Board” means the state board of parole commissioners.

      2.  “Chief” means the chief parole and probation officer.

      3.  “Division” means the division of parole and probation of the department of motor vehicles and public safety.

      4.  “Residential confinement” means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the board.

      5.  “Sex offender” means any person who has been or is convicted of a sexual offense.

      6.  “Sexual offense” means:

      (a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450;

      (b) An attempt to commit any offense listed in paragraph (a); or

      (c) An act of murder in the first or second degree, kidnaping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.

      7.  “Standards” means the objective standards for granting or revoking parole or probation which are adopted by the board or the chief.

      Sec. 8.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 9.  The provisions of this act do not apply to offenses that are committed before October 1, 1997.

________

 


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

ê1997 Statutes of Nevada, Page 1724ê

 

CHAPTER 456, AB 6

Assembly Bill No. 6–Assemblywoman Giunchigliani

CHAPTER 456

AN ACT relating to education; requiring the board of trustees of each school district to provide or arrange for the provision of kindergarten education; requiring the completion of kindergarten as a prerequisite for admission to first grade; providing certain exceptions; making an appropriation; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 388.060 is hereby amended to read as follows:

      388.060  1.  Except as otherwise provided in this subsection, the board of trustees of each school district shall establish, equip and maintain a kindergarten [or kindergartens] in each elementary school or each school attendance area in the district. If, on or before June 1 immediately preceding the school year, admittance to kindergarten has been requested for fewer than 15 children, the mandatory provisions of this subsection do not apply to that school , and the board may [determine] decide whether to establish a kindergarten for those children. If the board decides not to establish such a kindergarten, it may provide:

      (a) Transportation for each child to enable him to attend kindergarten at another school; or

      (b) Upon agreement with a child’s parent or guardian, an authorized program of instruction for kindergarten to be offered in the child’s home, which includes, without limitation, assigning licensed educational personnel to assist and consult with the parent or guardian as necessary.

      2.  [Any child who will arrive at the age of 5 years by September 30 may be admitted to kindergarten at the beginning of the school year and his enrollment must be counted for the purposes of apportionment.

      3.  Except as otherwise provided in subsection 4, if a child will not arrive at the age of 5 years by September 30, the child must not be admitted to kindergarten until the beginning of the school year following his fifth birthday.

      4.  A child who becomes a resident of this state after beginning kindergarten in another state in accordance with the laws of that state may be admitted to kindergarten regardless of his age, unless the board of trustees of the school district determines that the requirements of this section are being deliberately circumvented.

      5.]  The board of trustees of a school district in which a kindergarten is to be established under the provisions of this Title of NRS shall budget for [such purposes] this purpose by including the costs in the next regular budget for the school district.

      Sec. 2.  NRS 392.040 is hereby amended to read as follows:

      392.040  1.  Except as otherwise provided by law, each parent, custodial parent, guardian [,] or other person in the State of Nevada having control or charge of any child between the ages of 7 and 17 years shall send the child to a public school during all the time the public school is in session in the school district in which the child resides.


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

ê1997 Statutes of Nevada, Page 1725 (Chapter 456, AB 6)ê

 

control or charge of any child between the ages of 7 and 17 years shall send the child to a public school during all the time the public school is in session in the school district in which the child resides.

      2.  [Any] A child who [will arrive at the age of 6 years by] is 5 years of age on or before September 30 [must] of a school year may be admitted to [a regular school program, and may be admitted to the first grade] kindergarten at the beginning of [the] that school year, and his enrollment must be counted for purposes of apportionment . [purposes.] If a child is not 5 years of age on or before September 30 of a school year, the child must not be admitted to kindergarten.

      3.  Except as otherwise provided in subsection 4, a child who is 6 years of age on or before September 30 of a school year must:

      (a) If he has not completed kindergarten, be admitted to kindergarten at the beginning of that school year; or

      (b) If he has completed kindergarten, be admitted to the first grade at the beginning of that school year,

and his enrollment must be counted for purposes of apportionment. If a child [will not arrive at the age of] is not 6 years [by] of age on or before September 30 [,] of a school year, the child must not be admitted to the first grade until the beginning of the school year following his sixth birthday.

      [3.] 4.  The parents, custodial parent, guardian or other person within the State of Nevada having control or charge of a child who is 6 years of age on or before September 30 of a school year may elect for the child not to attend kindergarten or the first grade during that year. The parents, custodial parent, guardian or other person who makes such an election shall file with the board of trustees of the appropriate school district a waiver in a form prescribed by the board.

      5.  Whenever a child who [has arrived at the age of] is 6 years [but not at the age of 7 years] of age is enrolled in a public school, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of the child shall send him to the public school during all the time the school is in session. This requirement for attendance does not apply to any child under the age of 7 who has not yet been enrolled or has been formally withdrawn from enrollment in public school.

      [4.] 6.  A child who is 7 years of age on or before September 30 of a school year must:

      (a) If he has completed kindergarten and the first grade, be admitted to the second grade.

      (b) If he has completed kindergarten, be admitted to the first grade.

      (c) If the parents, custodial parent, guardian or other person in the State of Nevada having control or charge of the child waived the child’s attendance from kindergarten pursuant to subsection 4, undergo an assessment by the district pursuant to subsection 7 to determine whether the child is prepared developmentally to be admitted to the first grade. If the district determines that the child is prepared developmentally, he must be admitted to the first grade. If the district determines that the child is not so prepared, he must be admitted to kindergarten.


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

ê1997 Statutes of Nevada, Page 1726 (Chapter 456, AB 6)ê

 

The enrollment of any child pursuant to this subsection must be counted for apportionment purposes.

      7.  Each school district shall prepare and administer before the beginning of each school year a developmental screening test to a child:

      (a) Who is 7 years of age on or before September 30 of the next school year; and

      (b) Whose parents waived his attendance from kindergarten pursuant to subsection 4,

to determine whether the child is prepared developmentally to be admitted to the first grade. The results of the test must be made available to the parents, custodial parent, guardian or other person within the State of Nevada having control or charge of the child.

      8.  A child who becomes a resident of this state after completing kindergarten or beginning first grade in another state in accordance with the laws of that state may be admitted to the grade he was attending or would be attending had he remained a resident of the other state regardless of his age , unless the board of trustees of the school district determines that the requirements of this section are being deliberately circumvented.

      9.  As used in this section, “kindergarten” includes:

      (a) A kindergarten established by the board of trustees of a school district pursuant to NRS 388.060; and

      (b) An authorized program of instruction for kindergarten offered in a child’s home pursuant to NRS 388.060.

      Sec. 3.  1.  There is hereby appropriated from the state general fund to the department of education the sum of $100,000 for the fiscal year 1998-1999 for the:

      (a) Preparation of instructional materials to be used in authorized programs of instruction for kindergarten offered at home pursuant to section 1 of this act; and

      (b) Review, selection and evaluation of developmental screening tests required to be administered to children pursuant to subsection 7 of section 2 of this act to determine whether the children are prepared developmentally to be admitted to the first grade.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 4.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 5.  1.  This section and sections 3 and 4 of this act becomes effective on July 1, 1998.

      2.  Sections 1 and 2 of this act become effective on July 1, 1999.

________

 


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

ê1997 Statutes of Nevada, Page 1727ê

 

CHAPTER 457, AB 5

Assembly Bill No. 5–Committee on Elections, Procedures, and Ethics

CHAPTER 457

AN ACT relating to campaign practices; requiring certain persons who conduct a persuasive poll by telephone or other electronic means to disclose the name of the person or organization that requested or paid for the poll; providing a penalty; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 294A of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  1.  If a candidate, political party, committee sponsored by a political party or committee for political action requests or compensates a person to:

      (a) Conduct or cause to be conducted a persuasive poll by telephone concerning a candidate; or

      (b) Produce automated or computerized messages by telephone to conduct a persuasive poll concerning a candidate,

the person conducting the poll shall, at the end of the poll, disclose the name and telephone number of the candidate, political party, committee sponsored by a political party or committee for political action that requested or compensated the person for the poll.

      2.  As used in this section, “persuasive poll” means the canvassing of persons, by means other than an established method of scientific sampling, by asking questions or offering information concerning a candidate which is designed to provide information that is negative or derogatory about the candidate or his family. The term does not include a poll that is conducted only to measure the public’s opinion about or reaction to an issue, fact or theme.

      Sec. 3.  If it appears to a county clerk, city clerk or registrar of voters that the provisions of section 2 of this act have been violated, he shall report the alleged violation, in writing, to the secretary of state. Upon receiving such a written report or if it otherwise appears to the secretary of state that the provisions of section 2 of this act have been violated, the secretary of state shall report the alleged violation to the attorney general. The attorney general shall cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.

      Sec. 4.  Any person who knowingly violates the provisions of section 2 of this act is liable, in addition to any other penalty or remedy that may be provided by law, to a civil penalty of not more than $5,000 for each offense, which may be recovered by civil action on complaint of the attorney general. All money collected as civil penalties pursuant to the provisions of this section must be deposited in the state general fund.

________

 


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

ê1997 Statutes of Nevada, Page 1728ê

 

CHAPTER 458, AB 15

Assembly Bill No. 15–Assemblywoman Buckley

CHAPTER 458

AN ACT relating to traffic laws; exempting certain persons who operate bicycles while on duty from complying with the provisions relating to the operation of bicycles under certain circumstances; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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.  Except as otherwise provided in this section, a peace officer, a fireman, an emergency medical technician certified pursuant to chapter 450B of NRS or an employee of a pedestrian mall, who operates a bicycle while he is on duty, is not required to comply with any provision of NRS or any ordinance of a local government relating to the operation of a bicycle while on duty if he:

      (a) Is responding to an emergency call or the peace officer is in pursuit of a suspected violator of the law; or

      (b) Determines that noncompliance with any such provision is necessary to carry out his duties.

      2.  The provisions of this section do not:

      (a) Relieve a peace officer, fireman, emergency medical technician or employee of a pedestrian mall from the duty to operate a bicycle with due regard for the safety of others.

      (b) Protect such a person from the consequences of his disregard for the safety of others.

      3.  As used in this section, “pedestrian mall” has the meaning ascribed to it in NRS 268.811.

      Sec. 2.  NRS 484.503 is hereby amended to read as follows:

      484.503  Every person riding a bicycle upon a roadway [shall be granted] has all of the rights and [shall be] is subject to all of the duties applicable to the driver of a vehicle except as [to special provisions] otherwise provided in NRS 484.505 to 484.513, inclusive, and section 1 of this act, and except as to those provisions of this chapter which by their nature can have no application.

      Sec. 3.  NRS 405.250 is hereby amended to read as follows:

      405.250  1.  Subject to the authority conferred by law on city authorities, the boards of county commissioners or road supervisors, any owner or occupant of land may construct and maintain a sidewalk in the highway along the line of his land.

      2.  Sidewalks already constructed and laid out [, being of] with reasonable limits as to width [, and] so as not to operate as an obstruction to the street or highway [, shall] must be maintained and protected [under] pursuant to this section.

      3.  [Any] Except as otherwise provided in section 1 of this act, a person who [shall] willfully and intentionally [ride or drive, or cause] rides or drives, or causes to be ridden or driven, any animal, vehicle or other thing over or upon such a sidewalk, without permission of the owner or occupant, shall be punished by a fine of not more than $20, in addition to the costs of prosecution.


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

ê1997 Statutes of Nevada, Page 1729 (Chapter 458, AB 15)ê

 

drives, or causes to be ridden or driven, any animal, vehicle or other thing over or upon such a sidewalk, without permission of the owner or occupant, shall be punished by a fine of not more than $20, in addition to the costs of prosecution.

________

 

CHAPTER 459, AB 26

Assembly Bill No. 26–Committee on Health and Human Services

CHAPTER 459

AN ACT relating to health care; prohibiting any insurer that is required to provide coverage for an annual cytologic screening test and mammogram for certain women from requiring an insured to obtain prior authorization for such services; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 687B.225 is hereby amended to read as follows:

      687B.225  1.  Except as otherwise provided in NRS 689A.0405, 689B.0374, 695B.1912 and 695C.1735, and section 19 of [this act, a] Assembly Bill No. 156 of this session, any contract for group, blanket or individual health insurance or any contract by a nonprofit hospital, medical or dental service corporation or organization for dental care which provides for payment of a certain part of medical or dental care may require the insured or member to obtain prior authorization for that care from the insurer or organization. The insurer or organization shall:

      (a) File its procedure for obtaining approval of care pursuant to this section for approval by the commissioner; and

      (b) Respond to any request for approval by the insured or member pursuant to this section within 20 days after it receives the request.

      2.  The procedure for prior authorization may not discriminate among persons licensed to provide the covered care.

      Sec. 2.  NRS 689A.0405 is hereby amended to read as follows:

      689A.0405  1.  A policy of health insurance must provide coverage for benefits payable for expenses incurred for:

      (a) An annual cytologic screening test for women 18 years of age or older;

      (b) A baseline mammogram for women between the ages of 35 and 40; and

      (c) An annual mammogram for women 40 years of age or older.

      2.  A policy of health insurance must not require an insured to obtain prior authorization for any service provided pursuant to subsection 1.

      3.  A policy subject to the provisions of this chapter which is delivered, issued for delivery or renewed on or after October 1, 1989, has the legal effect of including the coverage required by [this section,] subsection 1, and any provision of the policy or the renewal which is in conflict with [this section] subsection 1 is void.


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

ê1997 Statutes of Nevada, Page 1730 (Chapter 459, AB 26)ê

 

      Sec. 3.  NRS 689B.0374 is hereby amended to read as follows:

      689B.0374  1.  A policy of group health insurance must provide coverage for benefits payable for expenses incurred for:

      (a) An annual cytologic screening test for women 18 years of age or older;

      (b) A baseline mammogram for women between the ages of 35 and 40; and

      (c) An annual mammogram for women 40 years of age or older.

      2.  A policy of group health insurance must not require an insured to obtain prior authorization for any service provided pursuant to subsection 1.

      3.  A policy subject to the provisions of this chapter which is delivered, issued for delivery or renewed on or after October 1, 1989, has the legal effect of including the coverage required by [this section,] subsection 1, and any provision of the policy or the renewal which is in conflict with [this section] subsection 1 is void.

      Sec. 4.  NRS 695B.1912 is hereby amended to read as follows:

      695B.1912  1.  A policy of health insurance issued by a hospital or medical service corporation must provide coverage for benefits payable for expenses incurred for:

      (a) An annual cytologic screening test for women 18 years of age or older;

      (b) A baseline mammogram for women between the ages of 35 and 40; and

      (c) An annual mammogram for women 40 years of age or older.

      2.  A policy of health insurance issued by a hospital or medical service corporation must not require an insured to obtain prior authorization for any service provided pursuant to subsection 1.

      3.  A policy subject to the provisions of this chapter which is delivered, issued for delivery or renewed on or after October 1, 1989, has the legal effect of including the coverage required by [this section,] subsection 1, and any provision of the policy or the renewal which is in conflict with [this section] subsection 1 is void.

      Sec. 5.  NRS 695C.1735 is hereby amended to read as follows:

      695C.1735  1.  A health maintenance plan must provide coverage for benefits payable for expenses incurred for:

      (a) An annual cytologic screening test for women 18 years of age or older;

      (b) A baseline mammogram for women between the ages of 35 and 40; and

      (c) An annual mammogram for women 40 years of age or older.

      2.  A health maintenance plan must not require an insured to obtain prior authorization for any service provided pursuant to subsection 1.

      3.  A policy subject to the provisions of this chapter which is delivered, issued for delivery or renewed on or after October 1, 1989, has the legal effect of including the coverage required by [this section,] subsection 1, and any provision of the policy or the renewal which is in conflict with [this section] subsection 1 is void.


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

ê1997 Statutes of Nevada, Page 1731 (Chapter 459, AB 26)ê

 

      Sec. 6.  The provisions of this act apply to all contracts for health insurance entered into or renewed on or after October 1, 1997.

      Sec. 7.  Section 1 of this act becomes effective at 12:01 a.m. on October 1, 1997.

________

 

CHAPTER 460, AB 30

Assembly Bill No. 30–Committee on Health and Human Services

CHAPTER 460

AN ACT relating to health care; requiring the division of insurance of the department of business and industry to disseminate certain information regarding health care plans to insureds and consumers of health care; requiring the commissioner of insurance to establish an advisory committee to assist him in certain duties; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 679B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Health care plan” means a policy, contract, certificate or agreement offered or issued by an insurer to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services.

      Sec. 4.  “Insured” means a person covered by a policy of health insurance issued in this state by an insurer.

      Sec. 5.  “Insurer” means any insurer or organization authorized pursuant to this Title to conduct business in this state that provides or arranges for the provision of health care services, including, without limitation, an insurer that issues a policy of health insurance, an insurer that issues a policy of group health insurance, a carrier serving small employers, a fraternal benefit society, a hospital or medical service corporation, a health maintenance organization, a plan for dental care and a prepaid limited health service organization.

      Sec. 6.  The division shall:

      1.  Establish a toll-free telephone service for receiving inquiries and complaints from consumers of health care in this state concerning health care plans;

      2.  Provide answers to inquiries of consumers of health care concerning health care plans, or refer the consumers to the appropriate agency, department or other entity that is responsible for addressing the specific type of inquiry;

      3.  Refer consumers of health care to the appropriate agency, department or other entity that is responsible for addressing the specific type of complaint of the consumer;


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

ê1997 Statutes of Nevada, Page 1732 (Chapter 460, AB 30)ê

 

      4.  Provide counseling and assistance to consumers of health care concerning health care plans;

      5.  Educate consumers of health care concerning health care plans in this state; and

      6.  Take such actions as are necessary to ensure public awareness of the existence and purpose of the services provided by the division pursuant to this section.

      Sec. 7.  Each insurer shall provide to each insured in a written format that clearly stands out from any surrounding text:

      1.  The telephone number of the toll-free telephone service which is established pursuant to section 6 of this act; and

      2.  The name of the division and its hours of operation, including, but not limited to, the hours of operation of the toll-free telephone service.

      Sec. 8.  1.  The commissioner of insurance shall establish an advisory committee consisting of:

      (a) The commissioner of insurance;

      (b) A representative of the state board of health;

      (c) One or more insureds as defined in section 4 of this act;

      (d) One or more insurers as defined in section 5 of this act;

      (e) One or more providers of health care; and

      (f) Any other person who would help carry out the duties of the committee.

      2.  The commissioner of insurance, in consultation with the advisory committee, shall:

      (a) Develop, print and distribute an educational pamphlet for consumers of health care concerning health care plans;

      (b) Establish criteria for reporting, pursuant to subsection 3, the nature of the complaints that are received by the division pursuant to section 6 of this act; and

      (c) Determine the form and content of the report required pursuant to subsection 3.

      3.  The division of insurance of the department of business and industry shall, on or before January 31, 1999, prepare and submit a report to the 70th session of the Nevada legislature concerning the number and nature of complaints that are received by the division pursuant to section 6 of this act. The form and content of the report must be approved by the commissioner of insurance.

      4.  As used in this section, “provider of health care” means a physician, dentist, licensed nurse, dispensing optician, optometrist, practitioner of respiratory care, physical therapist, podiatric physician, licensed psychologist, licensed marriage and family therapist, chiropractor, doctor of Oriental medicine in any form, medical laboratory director or technician, or pharmacist.

      Sec. 9.  The division of insurance of the department of business and industry is hereby authorized to expend from the money set aside for insurance education and research pursuant to NRS 679B.305 the following sums for the establishment and operation of the toll-free telephone service required pursuant to section 6 of this act and for the development, printing and distribution of the educational pamphlet required pursuant to section 8 of this act:

 


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

ê1997 Statutes of Nevada, Page 1733 (Chapter 460, AB 30)ê

 

and distribution of the educational pamphlet required pursuant to section 8 of this act:

For the fiscal year 1997-1998................................................................            $55,000

For the fiscal year 1998-1999................................................................            $55,000

      Sec. 10.  This act becomes effective on July 1, 1997.

________

 

CHAPTER 461, AB 33

Assembly Bill No. 33–Committee on Ways and Means

CHAPTER 461

AN ACT making appropriations to the Great Basin College, Winnemucca Center, for equipment and landscaping and to Western Nevada Community College for completion of the construction of its Douglas Center and for the purchase of certain related equipment; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the Great Basin College, Winnemucca Center, the sum of $200,000 to provide equipment and landscaping.

      Sec. 2.  There is hereby appropriated from the state general fund to Western Nevada Community College the sum of $150,000 for completion of the construction of its Douglas Center and for the purchase of certain related equipment.

      Sec. 3.  Any remaining balance of the appropriations made by sections 1 and 2 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 4.  This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.

________

 

CHAPTER 462, AB 35

Assembly Bill No. 35–Assemblymen Dini and de Braga

CHAPTER 462

AN ACT relating to district courts; prospectively increasing the number of judges in the third judicial district; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 3.013 is hereby amended to read as follows:

      3.013  For the third judicial district there must be [two] three district judges.


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

ê1997 Statutes of Nevada, Page 1734 (Chapter 462, AB 35)ê

 

      Sec. 2.  The additional district judge required for the third judicial district pursuant to section 1 of this act must be selected at the general election to be held on November 7, 2000, and take office on January 1, 2001. The term of this judge expires on January 6, 2003.

      Sec. 3.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 4.  Section 1 of this act becomes effective on January 1, 2001.

________

 

CHAPTER 463, AB 65

Assembly Bill No. 65–Committee on Government Affairs

CHAPTER 463

AN ACT relating to county employees; making various changes concerning the payment of travel expenses and subsistence allowances to county employees; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 245.060 is hereby amended to read as follows:

      245.060  [1.  When any] If a county or township officer or [any] an employee of the county [shall be] is entitled to receive reimbursement for his necessary traveling expenses for the transaction of public business, such [expenses shall] reimbursement must include actual living expenses, but the amount allowed for traveling by private conveyance [shall] must not exceed the amount charged by public conveyance. Where it appears to the satisfaction of the board of county commissioners that travel by private conveyance is more economical, or where it appears that, owing to train, airplane or bus schedules or for other reasons, travel by public conveyance is impractical, or in case a part of the route traveled is not covered by public conveyance, the board of county commissioners, in its discretion, [is authorized to] may allow for traveling by private conveyance an amount not to exceed the maximum per-mile allowance for travel by private conveyance of state officers and employees specified in subsection 3 of NRS 281.160.

      [2.  All claims for traveling expenses and subsistence allowances shall be approved by the board of county commissioners before payment.]

      Sec. 2.  NRS 245.062 is hereby amended to read as follows:

      245.062  1.  The board of county commissioners of [any county may, by resolution of the board, create a county travel revolving fund to provide advances of money to county officers and employees for authorized subsistence allowances and] a county shall, by ordinance, establish procedures for the payment of authorized travel expenses of county officers and employees arising out of their official duties or employment [, in the amounts] as provided in NRS 245.060.

      2.  The [resolution must set forth:

      (a) The maximum amount of money that may be held in the fund;


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

ê1997 Statutes of Nevada, Page 1735 (Chapter 463, AB 65)ê

 

      (b) The source of the money to be used to establish and maintain the fund; and

      (c) The method of controlling advances from the fund and reimbursing the fund for amounts advanced.] ordinance must require that each department of the county set forth in its annual budget the maximum amount of money that it estimates will be necessary to pay for necessary travel expenses for the fiscal year. The ordinance may contain procedures by which the amount budgeted by a department during the fiscal year may be increased if the estimated amount of money is insufficient to pay for actual travel expenses.

      3.  The [resolution] ordinance may authorize certain officers or employees to disburse money [from the fund] to pay an advance or claim for travel expenses to an employee without obtaining the approval of the board of county commissioners [. The resolution must require reimbursement of the fund upon return of the officer or employee by proper documentation for the money advanced which must be approved by the board of county commissioners before the reimbursement is made.] if the amount of such an advance or claim was included in the annual budget of the employing department.

      4.  All money advanced [from the fund] to a county officer or employee to pay for his travel expenses constitutes a lien in favor of the county upon the accrued wages of the officer or employee to whom the advance was made. The county may advance more money [from the fund] to an officer or employee than the amount of his currently accrued wages.

________

 

CHAPTER 464, AB 74

Assembly Bill No. 74–Committee on Government Affairs

CHAPTER 464

AN ACT relating to local governments; authorizing the board of county commissioners of a county or the governing body of a city to convey certain property to nonprofit organizations for the development of affordable housing; providing for the reversion of that property under certain circumstances; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A nonprofit organization may submit to a board of county commissioners an application for conveyance of property that is owned by the county if the property was:

      (a) Received by donation for the use and benefit of the county pursuant to NRS 244.270.

      (b) Purchased by the county pursuant to NRS 244.275.


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

ê1997 Statutes of Nevada, Page 1736 (Chapter 464, AB 74)ê

 

      2.  If a county that receives an application for conveyance pursuant to subsection 1 has a planning commission, the board of county commissioners shall refer the application to the planning commission. The planning commission shall consider the application and submit its recommendation to the board.

      3.  Before the board of county commissioners makes a determination on such an application for conveyance, it shall hold at least one public hearing on the application. Notice of the time, place and specific purpose of the hearing must be:

      (a) Published at least once in a newspaper of general circulation in the county.

      (b) Mailed to all owners of record of real property which is located not more than 300 feet from the property that is proposed for conveyance.

      (c) Posted in a conspicuous place on the property that is proposed for conveyance.

The hearing must be held not fewer than 10 days but not more than 40 days after the notice is published, mailed and posted in accordance with this subsection.

      4.  The board of county commissioners may approve such an application for conveyance if the nonprofit organization demonstrates to the satisfaction of the board that the organization will use the property to develop affordable housing for families whose income does not exceed 80 percent of the median gross income for families residing in the same county, as that percentage is defined by the United States Department of Housing and Urban Development. If the board of county commissioners receives more than one application for conveyance of the property, the board must give priority to an application for conveyance of a nonprofit organization that demonstrates to the satisfaction of the board that the organization will use the property to develop affordable housing for persons who are disabled or elderly.

      5.  If the board of county commissioners approves an application for conveyance, it may convey the property to the nonprofit organization without consideration. Such a conveyance must not be in contravention of any condition in a gift or devise of the property to the county.

      6.  As a condition to the conveyance of the property pursuant to subsection 5, the board of county commissioners shall enter into an agreement with the nonprofit corporation that will ensure the affordability of any housing constructed on the property. The agreement must provide that the property automatically reverts to the county if, at any time after the date of conveyance pursuant to subsection 5, the nonprofit corporation fails to provide affordable housing on the property.

      7.  A board of county commissioners that has conveyed property pursuant to subsection 5 shall:

      (a) Prepare annually a list which includes a description of all property that was conveyed to a nonprofit organization pursuant to this section; and

      (b) Include the list in the annual audit of the county which is conducted pursuant to NRS 354.624.


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

ê1997 Statutes of Nevada, Page 1737 (Chapter 464, AB 74)ê

 

      8.  If, 5 years after the date of a conveyance pursuant to subsection 5, a nonprofit organization has not commenced construction of affordable housing, or entered into such contracts as are necessary to commence the construction of affordable housing, the property that was conveyed automatically reverts to the county.

      9.  As used in this section, unless the context otherwise requires, “nonprofit organization” means an organization that is recognized as exempt pursuant to 26 U.S.C. § 501(c)(3).

      Sec. 2.  NRS 244A.739 is hereby amended to read as follows:

      244A.739  1.  [No] Except as otherwise provided in this section, a county shall [have the power to] not pay out of its general fund or otherwise contribute any part of the costs of acquiring, improving and equipping a project . [and]

      2.  A county shall not [have the power to] use land already owned by the county, or in which the county has an equity [(unless] interest for the construction of a project unless:

      (a) The land was specifically acquired for [uses of the character herein described or unless the land is determined by the board] the purpose of a project;

      (b) The board determines that the land is no longer [to be] necessary for other purposes of the county [purposes), for the construction thereon of a project or any part thereof.

      2.] ; or

      (c) The land is conveyed to a nonprofit organization pursuant to section 1 of this act.

      3.  The entire cost of acquiring, improving and equipping any project must be paid out of the proceeds from the sale of the bonds, but this provision [shall not be construed to] does not prevent a county from accepting donations of property to be used as a part of any project or money to be used for defraying any part of the cost of any project, including the completion of the project by the lessee, purchaser or obligor without any cost or liability to the county.

      Sec. 3.  Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A nonprofit organization may submit to the governing body of a city an application for conveyance of property that is owned by the city if the property was purchased or received by the city pursuant to NRS 268.008.

      2.  If a city that receives an application for conveyance pursuant to subsection 1 has a planning commission, the governing body shall refer the application to the planning commission. The planning commission shall consider the application and submit its recommendation to the governing body.

      3.  Before the governing body makes a determination on such an application for conveyance, it shall hold at least one public hearing on the application. Notice of the time, place and specific purpose of the hearing must be:

      (a) Published at least once in a newspaper of general circulation in the city.


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

ê1997 Statutes of Nevada, Page 1738 (Chapter 464, AB 74)ê

 

      (b) Mailed to all owners of record of real property which is located not more than 300 feet from the property that is proposed for conveyance.

      (c) Posted in a conspicuous place on the property that is proposed for conveyance.

The hearing must be held not fewer than 10 days but not more than 40 days after the notice is published, mailed and posted in accordance with this subsection.

      4.  The governing body may approve such an application for conveyance if the nonprofit organization demonstrates to the satisfaction of the governing body that the organization will use the property to develop affordable housing for families whose income does not exceed 80 percent of the median gross income for families residing in the same city, as that percentage is defined by the United States Department of Housing and Urban Development. If the governing body receives more than one application for conveyance of the property, the governing body must give priority to an application for conveyance of a nonprofit organization that demonstrates to the satisfaction of the governing body that the organization will use the property to develop affordable housing for persons who are disabled or elderly.

      5.  If the governing body approves an application for conveyance, it may convey the property to the nonprofit organization without consideration. Such a conveyance must not be in contravention of any condition in a gift or devise of the property to the city.

      6.  As a condition to the conveyance of the property pursuant to subsection 5, the governing body shall enter into an agreement with the nonprofit corporation that will ensure the affordability of any housing constructed on the property. The agreement must provide that the property automatically reverts to the city if, at any time after the date of conveyance pursuant to subsection 5, the nonprofit corporation fails to provide affordable housing on the property.

      7.  A governing body that has conveyed property pursuant to subsection 5 shall:

      (a) Prepare annually a list which includes a description of all property conveyed to a nonprofit organization pursuant to this section; and

      (b) Include the list in the annual audit of the city which is conducted pursuant to NRS 354.624.

      8.  If, 5 years after the date of a conveyance pursuant to subsection 5, a nonprofit organization has not commenced construction of affordable housing, or entered into such contracts as are necessary to commence the construction of affordable housing, the property that was conveyed automatically reverts to the city.

      9.  As used in this section, unless the context otherwise requires, “nonprofit organization” means an organization that is recognized as exempt pursuant to 26 U.S.C. § 501(c)(3).

      Sec. 4.  NRS 268.558 is hereby amended to read as follows:

      268.558  1.  [No] Except as otherwise provided in this section, a city shall [have the power to] not pay out of its general fund or otherwise contribute any part of the cost of acquiring, improving and equipping a project .


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

ê1997 Statutes of Nevada, Page 1739 (Chapter 464, AB 74)ê

 

contribute any part of the cost of acquiring, improving and equipping a project . [and]

      2.  A city shall not [have the power to] use land already owned by the city, or in which the city has an equity [(unless] interest for the construction of a project unless:

      (a) The land was specifically acquired by the city for [uses of the character herein described or unless the land is determined by] the purpose of a project;

      (b) The governing body determines that the land is no longer [to be] necessary for other [municipal purposes), for the construction thereon of a project or any part thereof.

      2.] purposes of the city; or

      (c) The land is conveyed to a nonprofit organization pursuant to section 3 of this act.

      3.  The entire cost of acquiring, improving and equipping any project must be paid out of the proceeds from the sale of the bonds, but this provision [shall not be construed to] does not prevent a city from accepting donations of property to be used as a part of any project or money to be used for defraying any part of the cost of any project, including the completion of the project by the lessee, purchaser or obligor without any cost or liability to the city.

      Sec. 5.  NRS 354.624 is hereby amended to read as follows:

      354.624  1.  Each local government shall provide for an annual audit of all of its:

      (a) Funds;

      (b) Account groups; and

      (c) Separate accounts established pursuant to NRS 354.603.

A local government may provide for more frequent audits as it deems necessary. Except as otherwise provided in subsection 2, each annual audit must be concluded and the report of the audit submitted to the governing body as provided in subsection 5 not later than 5 months after the close of the fiscal year for which the audit is conducted. An extension of this time may be granted by the department of taxation to any local government [which makes] that submits an application for an extension [.] to the department. If the local government fails to provide for an audit in accordance with the provisions of this section, the department of taxation shall cause the audit to be made at the expense of the local government. All audits must be [made] conducted by a public accountant who is certified or registered or by a partnership or professional corporation that is registered [under] pursuant to the provisions of chapter 628 of NRS.

      2.  The annual audit of a school district must be concluded and the report submitted to the board of trustees as provided in subsection 5 not later than 4 months after the close of the fiscal year for which the audit is conducted.

      3.  The governing body may, without requiring competitive bids, designate the auditor or firm annually. The auditor or firm must be designated not later than 3 months before the close of the fiscal year for which the audit is to be made.


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

ê1997 Statutes of Nevada, Page 1740 (Chapter 464, AB 74)ê

 

designated not later than 3 months before the close of the fiscal year for which the audit is to be made.

      4.  Each annual audit must cover the business of the local government during the full fiscal year. It must be a financial audit conducted in accordance with generally accepted auditing standards, including comment on compliance with statutes and regulations, recommendations for improvements and any other comments deemed pertinent by the auditor, including his expression of opinion on the financial statements. The department of taxation shall prescribe the form of the financial statements , [must be prescribed by the department of taxation,] and the chart of accounts must be as nearly as possible the same as the chart that is used in the preparation and publication of the annual budget. The report of the audit must include:

      (a) A schedule of all fees imposed by the local government which were subject to the provisions of NRS 354.5989;

      (b) A comparison of the operations of the local government with the approved budget [and] , including a statement from the auditor that [previously noted] indicates whether the governing body has taken action by adoption as recommended, by adoption with modifications or by rejection on any deficiencies in operations and [previously made] recommendations for improvements [contained] which were noted or made in previous reports ; [have been acted upon by adoption as recommended, adoption with modifications or rejection; and]

      (c) A statement from the auditor [indicating] that indicates whether each of the following funds established by the local government is being used expressly for the purposes for which it was created, in the form required by NRS 354.6241:

             (1) An enterprise fund.

             (2) An internal service fund.

             (3) A trust and agency fund.

             (4) A self-insurance fund.

             (5) A fund whose balance is required by law to be:

                   (I) Used only for a specific purpose other than the payment of compensation to a bargaining unit, as defined in NRS 288.028; or

                   (II) Carried forward to the succeeding fiscal year in any designated amount [.] ; and

      (d) A list and description of any property conveyed to a nonprofit organization pursuant to section 1 or 3 of this act.

      5.  The recommendations and the summary of the narrative comments contained in the report of the audit must be read in full at a meeting of the governing body held not more than 30 days after the report is submitted to it. Immediately thereafter, the entire report, together with any related letter to the governing body required by generally accepted auditing standards or by regulations adopted pursuant to NRS 354.594, must be filed as a public record with:

      (a) The clerk or secretary of the governing body;

      (b) The county clerk;


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

ê1997 Statutes of Nevada, Page 1741 (Chapter 464, AB 74)ê

 

      (c) The department of taxation; and

      (d) In the case of a school district, the department of education.

      6.  The governing body shall act upon the recommendations of the report of the audit within 3 months after receipt of the report, unless prompter action is required concerning violations of law or regulation, by setting forth in its minutes its intention to adopt the recommendations, to adopt them with modifications or to reject them for reasons shown in the minutes.

      Sec. 6.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

________

 

CHAPTER 465, AB 82

Assembly Bill No. 82–Committee on Judiciary

CHAPTER 465

AN ACT relating to the state executive department; authorizing the state treasurer to appoint and employ certain deputies and assistants; authorizing the attorney general to appoint and employ an administrative assistant; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 226.100 is hereby amended to read as follows:

      226.100  1.  The state treasurer may appoint and employ a chief deputy , [and] a deputy [cashier] of operations, a deputy of investments, a deputy of cash management and an assistant to the state treasurer in the unclassified service of the state.

      2.  Except as otherwise provided in NRS 284.143, the chief deputy state treasurer [and deputy cashier] shall devote [their] his entire time and attention to the business of [their offices] his office and shall not pursue any other [businesses or occupations] business or occupation or hold any other [offices] office of profit.

      Sec. 2.  Chapter 228 of NRS is hereby amended by adding thereto a new section to read as follows:

      The attorney general may appoint and employ an administrative assistant in the unclassified service of this state.

________

 


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

ê1997 Statutes of Nevada, Page 1742ê

 

CHAPTER 466, AB 96

Assembly Bill No. 96–Committee on Judiciary

CHAPTER 466

AN ACT relating to traffic laws; requiring an offender convicted of driving under the influence of alcohol or a controlled substance for the first time to be placed in a program of treatment for alcoholism or drug abuse under certain circumstances; requiring certain programs of treatment for alcoholism or drug abuse to be certified by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 483.460 is hereby amended to read as follows:

      483.460  1.  Except as otherwise provided by statute, the department shall revoke the license, permit or privilege of any driver upon receiving a record of his conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:

      (a) For a period of 3 years if the offense is:

             (1) A violation of subsection 2 of NRS 484.377 or NRS 484.3795 [or subsection 2 of NRS 484.377] or a homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance.

             (2) A third or subsequent violation within 7 years of NRS 484.379.

      (b) For a period of 1 year if the offense is:

             (1) Any other manslaughter resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.

             (2) Failure to stop and render aid as required [under] by the laws of this state in the event of a motor vehicle accident resulting in the death or bodily injury of another.

             (3) Perjury or the making of a false affidavit or statement under oath to the department [under] pursuant to NRS 483.010 to 483.630, inclusive, or [under] pursuant to any other law relating to the ownership or driving of motor vehicles.

             (4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.

             (5) A second violation within 7 years of NRS 484.379 and the driver is not eligible for a restricted license during any of that period.

             (6) A violation of NRS 484.348.

      (c) For a period of 90 days, if the offense is a first violation within 7 years of NRS 484.379.

      2.  The department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484.379 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege [.]


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

ê1997 Statutes of Nevada, Page 1743 (Chapter 466, AB 96)ê

 

time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege [.] to drive.

      3.  When the department is notified by a court that a person who has been convicted of violating NRS 484.379 has been permitted to enter a program of treatment pursuant to NRS 484.3794 or section 3 of this act, the department shall reduce by [half] one-half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.

      4.  The department shall revoke the license, permit or privilege to drive of a [driver] person who is required to install a device pursuant to NRS 484.3943 but who operates a motor vehicle without such a device:

      (a) For 1 year , if it is his first such offense during the period of required use of the device.

      (b) For 5 years , if it is his second such offense during the period of required use of the device.

      5.  When the department is notified that a court has:

      (a) Pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or 62.228, ordered the suspension or delay in the issuance of a child’s license;

      (b) Pursuant to NRS 206.330, ordered the suspension or delay in the issuance of a person’s license; or

      (c) Pursuant to NRS 62.227, ordered the revocation of a child’s license,

the department shall take such actions as are necessary to carry out the court’s order.

      Sec. 2.  NRS 483.560 is hereby amended to read as follows:

      483.560  1.  Except as otherwise provided in subsection 2, any person who drives a motor vehicle on a highway or on premises to which the public has access at a time when his driver’s license has been canceled, revoked or suspended is guilty of a misdemeanor.

      2.  Except as otherwise provided in this subsection, if the license was suspended, revoked or restricted because of a violation of NRS 484.379, 484.3795 [,] or 484.384 or a homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction which prohibits the same conduct, he shall be:

      (a) Punished by imprisonment in jail for not less than 30 days nor more than 6 months; or

      (b) Sentenced to a term of not less than 60 days in residential confinement nor more than 6 months, and by a fine of not less than $500 nor more than $1,000.

[No] A person who is punished under this subsection may not be granted probation and [no] a sentence imposed for such a violation may not be suspended. [No] A prosecutor may not dismiss a charge of such a violation in exchange for a plea of guilty, of guilty but mentally ill or of nolo contendere to a lesser charge or for any other reason , unless [,] in his judgment the charge is not supported by probable cause or cannot be proved at trial. The provisions of this subsection do not apply if the period of revocation has expired but the person has not reinstated his license.


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

ê1997 Statutes of Nevada, Page 1744 (Chapter 466, AB 96)ê

 

      3.  [Any] A term of imprisonment imposed [under] pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the person convicted. However, the full term of imprisonment must be served within 6 months after the date of conviction, and any segment of time the person is imprisoned must not consist of less than 24 hours.

      4.  Jail sentences simultaneously imposed [under] pursuant to this section and NRS 484.3792 or 484.3794 or section 3 of this act must run consecutively.

      5.  The department, upon receiving a record of the conviction or punishment of any person [under] pursuant to this section upon a charge of driving a vehicle while his license was:

      (a) Suspended , shall extend the period of the suspension for an additional like period.

      (b) Revoked , shall extend the period of ineligibility for a license, permit or privilege to drive for an additional 1 year.

      (c) Restricted , shall revoke his restricted license and extend the period of ineligibility for a license, permit or privilege to drive for an additional 1 year.

      (d) Suspended or canceled for an indefinite period, shall suspend his license for an additional 6 months for the first violation and an additional 1 year for each subsequent violation.

Suspensions and revocations [under] pursuant to this section must run consecutively.

      Sec. 3.  Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, a person who is found guilty of a first violation of NRS 484.379 may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation for at least 6 months. The court shall authorize such treatment if:

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

             (1) Counselor or other person certified to make that diagnosis by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation; or

             (2) Physician certified to make that diagnosis by the board of medical examiners;

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

      (c) He has served or will serve a term of imprisonment in jail of 1 day, or has performed or will perform 48 hours of work for the community.

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

      (a) A violation of NRS 484.3795;


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

ê1997 Statutes of Nevada, Page 1745 (Chapter 466, AB 96)ê

 

      (b) A homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance; or

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

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

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

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

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

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

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

      (c) Advise the offender that:

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

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

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

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

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

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

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


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

ê1997 Statutes of Nevada, Page 1746 (Chapter 466, AB 96)ê

 

      Sec. 4.  NRS 484.3792 is hereby amended to read as follows:

      484.3792  1.  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 484.3794,] section 3 of this act, the court shall:

             (1) Except as otherwise provided in subsection 6, 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 484.3794,] section 3 of this act, sentence him to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform 96 hours of work for the community while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379; and

             (3) Fine him not less than $200 nor more than $1,000.

      (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:

             (1) Shall 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 4.3768, inclusive, or 5.0755 to 5.078, inclusive;

             (2) Shall fine him not less than $500 nor more than $1,000;

             (3) Shall order him to perform not less than 100 hours, but not more than 200 hours, of work for the community while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379, unless the court finds that extenuating circumstances exist; and

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

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

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

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


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

ê1997 Statutes of Nevada, Page 1747 (Chapter 466, AB 96)ê

 

proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.

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

      4.  A term of confinement imposed [under] pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484.3794 or section 3 of this act and the suspension of his sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.

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

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

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

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

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

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

      8.  As used in this section, unless the context otherwise requires, “offense” means a violation of NRS 484.379 or 484.3795 or a homicide resulting from the driving of a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction that prohibits the same or similar conduct.


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

ê1997 Statutes of Nevada, Page 1748 (Chapter 466, AB 96)ê

 

      Sec. 5.  NRS 484.3793 is hereby amended to read as follows:

      484.3793  As used in NRS 484.3793 to 484.37947, inclusive [:] , and section 3 of this act:

      1.  “Evaluation center” means a facility which is approved by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation to provide an evaluation of an offender to a court in order to determine if the offender is an abuser of alcohol or another drug. The term includes a facility operated by a court or other governmental agency.

      2.  “Treatment facility” means a facility for the treatment of abuse of alcohol or drugs, which is certified by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation.

      Sec. 6.  NRS 484.37935 is hereby amended to read as follows:

      484.37935  The bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation shall adopt by regulation the standards to be used for approving the operation of a facility as an evaluation center for the purposes of NRS 484.3794, 484.37943 and 484.37945 [.] and section 3 of this act.

      Sec. 7.  NRS 484.3794 is hereby amended to read as follows:

      484.3794  1.  Except as otherwise provided in subsection 2, a person who is found guilty of a [first or] second violation of NRS 484.379 within 7 years may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation for at least 1 year if:

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

             (1) Counselor or other person certified to make that [classification] diagnosis by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation; or

             (2) Physician certified to make that [classification] diagnosis by the board of medical examiners;

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

      (c) He has served or will serve a term of imprisonment in jail of [:

             (1) One day, or has performed or will perform 48 hours of work for the community, if it is his first offense within 7 years; or

             (2) Five] 5 days, and if required pursuant to NRS 484.3792, has performed or will perform not less than 50 hours, but not more than 100 hours, of work for the community . [, if it is his second offense within 7 years.]

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

      (a) A violation of NRS 484.3795;

      (b) A homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance; or


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

ê1997 Statutes of Nevada, Page 1749 (Chapter 466, AB 96)ê

 

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

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

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

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

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

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

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

      (c) Advise the offender that:

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

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

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

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

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

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

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


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

ê1997 Statutes of Nevada, Page 1750 (Chapter 466, AB 96)ê

 

      Sec. 8.  1.  Section 4 of this act becomes effective at 12:01 a.m. on October 1, 1997.

      2.  Section 7 of this act becomes effective at 12:02 a.m. on October 1, 1997.

________

 

CHAPTER 467, AB 99

Assembly Bill No. 99–Committee on Elections, Procedures, and Ethics

CHAPTER 467

AN ACT relating to legislation; authorizing a board of trustees of a school district to request the preparation of a certain number of legislative measures; authorizing boards of county commissioners of certain counties to request the preparation of an additional number of legislative measures; limiting the authority to prefile a bill or joint resolution to legislators; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 218.241 is hereby amended to read as follows:

      218.241  1.  Upon request made within the time allowed and within limits established by the legislature by concurrent resolution, the legislative counsel shall advise any agency or officer of the executive branch of the state government, and shall advise any county , school district or city, as to the preparation of measures to be submitted to the legislature.

      2.  To ensure the greatest possible equity in the handling of requests, drafting must proceed as follows:

      (a) Requests for legislative measures from each agency or officer of the executive branch of the state government or from a county , school district or city must, insofar as is possible, be acted upon in the order in which they are received, unless a different priority is designated by the requester.

      (b) As soon as an agency or officer of the executive branch of the state government has requested 10 legislative measures for any session , the legislative counsel may request the agency or officer to designate the priority for each succeeding request.

      (c) Within 2 weeks after the commencement of a regular session of the legislature, any county , school district or city which has requested the preparation of more than one legislative measure for that session shall submit to the legislative counsel a list which designates the order of priority for each request.

The priority designated pursuant to this subsection must guide the legislative counsel in acting upon the requests of the respective agencies and officers of the executive branch of the state government and the counties, school districts and cities to ensure each agency and officer, and each county , school district and city, as nearly as is possible, an equal rank.


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

ê1997 Statutes of Nevada, Page 1751 (Chapter 467, AB 99)ê

 

      Sec. 2.  NRS 218.2413 is hereby amended to read as follows:

      218.2413  1.  Except as otherwise provided in subsections 3 [and 4,] , 4 and 5, each board of county commissioners , board of trustees of a school district and city council may request the legislative counsel and the legal division of the legislative counsel bureau to prepare any legislative measure which has been approved by the governing body of the county , school district or city at a public hearing before its submission to the legislative counsel bureau.

      2.  The legislative counsel shall notify the requesting county , school district or city if its request substantially duplicates a request previously submitted by another county , school district or city.

      3.  The board of county commissioners of a county whose population:

      (a) Is 400,000 or more shall not request the preparation of more than [30] 33 legislative measures pursuant to subsection 1 for a regular legislative session. At least three of the measures must be recommended by a metropolitan police department that is located within the county.

      (b) Is 100,000 or more but less than 400,000 shall not request the preparation of more than 25 legislative measures pursuant to subsection 1 for a regular legislative session.

      (c) Is less than 100,000 shall not request the preparation of more than 5 legislative measures pursuant to subsection 1 for a regular legislative session.

      4.  The board of trustees of a school district in a county whose population:

      (a) Is 400,000 or more shall not request the preparation of more than 5 legislative measures pursuant to subsection 1 for a regular legislative session.

      (b) Is 100,000 or more but less than 400,000 shall not request the preparation of more than 3 legislative measures pursuant to subsection 1 for a regular legislative session.

      (c) Is less than 100,000 shall not request the preparation of more than 1 legislative measure pursuant to subsection 1 for a regular legislative session.

      5.  The city council of a city whose population:

      (a) Is 100,000 or more shall not request the preparation of more than 10 legislative measures pursuant to subsection 1 for a regular legislative session.

      (b) Is less than 100,000 shall not request the preparation of more than 5 legislative measures pursuant to subsection 1 for a regular legislative session.

      Sec. 3.  NRS 218.245 is hereby amended to read as follows:

      218.245  1.  Except as otherwise provided in subsections 2 and 5, the legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation of proposed legislation for any agency or officer of the executive branch of the state government or for a county , school district or city before a regular session of the legislature unless the request is approved by the governor or a designated member of his staff, or the governing body of the county , school district or city, and transmitted to the legislative counsel before September 1 preceding the convening of the session.


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

ê1997 Statutes of Nevada, Page 1752 (Chapter 467, AB 99)ê

 

transmitted to the legislative counsel before September 1 preceding the convening of the session.

      2.  A request for proposed legislation may be submitted to the legislative counsel by the board of regents of the University of Nevada, lieutenant governor, secretary of state, attorney general, state controller or state treasurer without the approval of the governor or a designated member of his staff.

      3.  After November 1, preceding a legislative session, the legislative counsel and the legal division of the legislative counsel bureau shall give full priority to the preparation of proposed legislation requested by members of the legislature.

      4.  The legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation of any proposed legislation during any regular session of the legislature except upon the request of a member of the legislature or the personal written request of the governor.

      5.  An agency or officer of the executive branch of the state government or a county , school district or city, shall not request a legislator to have legislation drafted on its behalf. The legislative commission, when the legislature is not in session, or a standing committee which has jurisdiction of the subject matter when the legislature is in session, may, if it finds that exceptional circumstances so warrant, authorize the drafting of legislation requested after the time limited by subsection 1.

      Sec. 4.  NRS 218.277 is hereby amended to read as follows:

      218.277  1.  Any member of the next succeeding regular session of the legislature [and any entity that is authorized to request the preparation of a legislative measure] may request the legislative counsel to prefile any legislative bill or joint resolution that was requested by that legislator [or entity] for introduction in the next succeeding regular session of the legislature.

      2.  Such bills and joint resolutions must be in such final and correct form for introduction in the legislature as required by the constitution and this chapter.

      3.  The legislative counsel shall not prefile a bill or joint resolution requested by:

      (a) A member of the legislature who is not a candidate for reelection [or any entity that is authorized to request the preparation of a legislative measure] until after the general election immediately preceding the regular session of the legislature.

      (b) A member of the legislature who is elected or reelected to his office at the general election immediately preceding the regular session of the legislature until he is determined to have received the highest number of votes pursuant to the canvass of votes required by NRS 293.395.

________

 


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

ê1997 Statutes of Nevada, Page 1753ê

 

CHAPTER 468, AB 104

Assembly Bill No. 104–Committee on Judiciary

CHAPTER 468

AN ACT relating to district courts; increasing the number of judges in the eighth judicial district; making an appropriation; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 3.018 is hereby amended to read as follows:

      3.018  For the eighth judicial district there must be [24] 27 district judges, 8 of whom must be judges of the family court.

      Sec. 2.  The additional district judges required for the eighth judicial district pursuant to section 1 of this act must be selected at the general election to be held on November 3, 1998, and take office on January 4, 1999. The terms of these judges expire on January 6, 2003.

      Sec. 3.  1.  There is hereby appropriated from the state general fund to the district judges’ salaries account the sum of $193,086 for salaries of the additional district judges required pursuant to section 1 of this act.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 4.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 5.  1.  This section and sections 2 and 4 of this act become effective on October 1, 1997.

      2.  Section 3 of this act becomes effective on January 1, 1999.

      3.  Section 1 of this act becomes effective on January 4, 1999.

________

 


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

ê1997 Statutes of Nevada, Page 1754ê

 

CHAPTER 469, AB 111

Assembly Bill No. 111–Assemblymen Segerblom, Williams, Manendo, de Braga, Anderson, Mortenson, Chowning, Neighbors, Von Tobel, Arberry, Goldwater, Freeman, Parks, Koivisto, Ohrenschall, Lee, Bache, Nolan, Buckley, Collins, Carpenter, Hickey, Sandoval, Perkins, Price and Herrera

CHAPTER 469

 

AN ACT relating to state financial administration; making appropriations for the support of various projects; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to Boulder City the sum of $100,000 to assist in the design, construction and installation of exhibits at the Boulder City Museum.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  1.  There is hereby appropriated from the state general fund to the Great Basin College the sum of $200,000 to assist in the completion of the shop and administrative office area of the Ely Center of the Great Basin College.

      2.  Any remaining balance of the appropriation made by subsection 1 of this act must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 4.  1.  There is hereby appropriated from the state general fund to the City of Las Vegas the sum of $250,000 for the support of the Mobilized Assistance Shelter for the Homeless (MASH Unit).

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 5.  1.  There is hereby appropriated from the state general fund to the State Public Works Board the sum of $75,000 to design a Hi-Tech Learning Center in Pahrump.

      2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 6.  This act becomes effective on June 30, 1997.

________

 


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ê1997 Statutes of Nevada, Page 1755ê

 

CHAPTER 470, AB 126

Assembly Bill No. 126–Committee on Government Affairs

CHAPTER 470

AN ACT relating to public libraries; revising the provision governing the boundaries of consolidated library districts; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

      Whereas, Pursuant to the provisions of NRS, the tax revenue generated from one geographical area is being used to support a library district that is associated with a different geographical area; and

      Whereas, It is equitable that the revenue generated from the taxes imposed on property located within a particular geographical area should be used to support the library district within that geographical area; and

      Whereas, The budgets of the Clark County library district and the North Las Vegas library district have been established in compliance with the provisions of NRS; and

      Whereas, It is not appropriate at this time to change the established sources of funding for the Clark County library district and the North Las Vegas library district because their budgets have been finalized for the next fiscal year; and

      Whereas, It is the intent of the legislature that the additional revenue that the North Las Vegas library district will receive after July 1, 1998, will be used for library services and will supplement, rather than replace, the money that the library district receives from other sources; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 379.0224 is hereby amended to read as follows:

      379.0224  The boundaries of [any] a consolidated library district include all of the area of:

      1.  [The city;] Each city that is consolidated into the county library district;

      2.  The county library district at the time of the establishment of the consolidated library district, except for [any] an area annexed [before the effective date of this act] by another city which [has] :

      (a) Is not consolidated into the county library district; and

      (b) Has established a city library pursuant to NRS 379.105 [;] or created a municipal library district pursuant to the provisions of its charter; and

      3.  Any other county library district which has merged with the county library district being consolidated.

[The boundaries of the consolidated district are not altered by annexations by a city after March 4, 1985.]


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ê1997 Statutes of Nevada, Page 1756 (Chapter 470, AB 126)ê

 

      Sec. 2.  Section 2.310 of the charter of the City of North Las Vegas, being chapter 189, Statutes of Nevada 1993, as amended by chapter 246, Statutes of Nevada 1995, at page 400, is hereby amended to read as follows:

       Sec. 2.310  Powers of city council: Creation of library district.

       1.  The city council may create a municipal library district to include all of the territory of the city . [except any such territory included within another library district on the date of creation of the municipal library district.] The city council may designate itself as the governing authority of the municipal library district or may appoint a board of trustees as the governing authority.

       2.  The governing authority of the municipal library district has the powers and duties provided for the trustees of a public library by NRS 379.025, 379.026, 379.040 and 379.060, and the city council may provide for a tax upon all taxable property in the district for the purpose of operating the district. The rate of the tax must be calculated pursuant to NRS 354.59811. The limit upon the calculated receipts from the tax may be exceeded pursuant to a vote of the people as provided in NRS 354.5982.

       3.  The governing authority of the municipal library district may propose the issuance of general obligation bonds in an amount not to exceed 10 percent of the total last assessed valuation of the taxable property of the district for the purpose of acquiring, constructing or improving buildings and other real property to be used for library purposes or for purchasing books, materials and equipment for libraries. If the governing authority decides to propose the issuance of bonds, the proposal must be submitted to the debt management commission of the county in which the district is situated, pursuant to the provisions of NRS 350.001 to 350.006, inclusive. If the commission approves the proposed issuance, the question of issuing the bonds must be submitted to the registered electors of the district in accordance with the provisions of NRS 350.020 to 350.070, inclusive. If a majority of the electors voting on the question favors the proposal, the governing authority shall issue the bonds as general obligations of the municipal library district pursuant to the provisions of the Local Government Securities Law.

       4.  The district is not entitled to receive any distribution of supplemental city-county relief tax.

      Sec. 3.  1.  The amendatory provisions of this act apply to alterations by annexation to the boundaries of a library district that occurred before July 1, 1998.

      2.  The amendatory provisions of this act do not apply to alter the boundaries of a library district for the purposes of taxes levied for the repayment, when due, of the principal of and interest on bonds, notes or other indebtedness issued before July 1, 1998.

      Sec. 4.  This act becomes effective on July 1, 1998.

________

 


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ê1997 Statutes of Nevada, Page 1757ê

 

CHAPTER 471, AB 137

Assembly Bill No. 137–Committee on Natural Resources, Agriculture, and Mining

CHAPTER 471

AN ACT making an appropriation to the State Conservation Commission in the State Department of Conservation and Natural Resources for the support of conservation districts; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the State Conservation Commission in the State Department of Conservation and Natural Resources for equal distribution to conservation districts pursuant to NRS 548.178:

For the fiscal year 1997-98....................................................................          $135,000

For the fiscal year 1998-99....................................................................          $135,000

      Sec. 2.  Any balance of the sums appropriated by section 1 of this act remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.

________

 

CHAPTER 472, AB 146

Assembly Bill No. 146–Assemblymen Manendo, Williams, Segerblom, Freeman, Chowning, Collins, Herrera, Nolan, Neighbors, Lambert, Goldwater, Mortenson, Amodei, Hickey, Braunlin, Koivisto, Krenzer, Parks, Ernaut, Hettrick and Close

CHAPTER 472

AN ACT relating to school districts; providing that a school district may authorize the use of buses of the district for certain types of commercial advertising; specifying the permissible content of such advertising; specifying the permissible uses of money derived from such advertising; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 387 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A board of trustees of a school district may:

      (a) Authorize for commercial advertising the use of buses owned by the school district; and

      (b) Establish the fees and other terms and conditions which are applicable to such advertising.


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ê1997 Statutes of Nevada, Page 1758 (Chapter 472, AB 146)ê

 

      2.  Any advertising authorized pursuant to subsection 1:

      (a) Must conform with all applicable local ordinances regarding signs; and

      (b) Must not:

             (1) Promote hostility, disorder or violence;

             (2) Attack ethnic, racial or religious groups;

             (3) Invade the rights of others;

             (4) Inhibit the functioning of the school;

             (5) Override the school’s identity;

             (6) Promote the use of controlled substances, dangerous drugs, intoxicating liquor, tobacco or firearms;

             (7) Promote any religious organization;

             (8) Contain political advertising; or

             (9) Promote entertainment deemed improper or inappropriate by the board of trustees.

      3.  The board of trustees of each school district that receives money pursuant to subsection 1 shall establish a special revenue fund and direct that the money it receives pursuant to subsection 1 be deposited in that fund. Money in the fund must not be commingled with money from other sources. The board of trustees shall disburse the money in the fund to the schools within its district giving preference to the schools within the district that the district has classified as serving a significant proportion of pupils who are economically disadvantaged.

      4.  A school that receives money pursuant to subsection 3 shall expend the money only to purchase textbooks and laboratory equipment and to pay for field trips.

      Sec. 2.  This act becomes effective on July 1, 1997.

________

 

CHAPTER 473, SB 482

Senate Bill No. 482–Committee on Finance

CHAPTER 473

 

AN ACT relating to education; requiring the department of education to evaluate the performance of public schools; placing a school on academic probation under certain circumstances based upon its evaluation; requiring the department under certain circumstances to establish a panel to supervise the academic probation of a school; revising the provisions relating to the accountability of public schools; revising provisions governing the financial reports of a school district; creating a commission on educational technology; revising provisions governing the administration of certain examinations to pupils; requiring pupils to participate in remedial programs under certain circumstances; creating a legislative committee on education; creating a legislative bureau of educational accountability and program evaluation; creating a council to establish academic standards for public schools; requiring the state board of education to adopt the academic standards; making appropriations; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

      Whereas, The global economy of the 21st century will require that the children of the State of Nevada perform at a high level of academic achievement; and


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ê1997 Statutes of Nevada, Page 1759 (Chapter 473, SB 482)ê

 

      Whereas, The public schools of the State of Nevada are central to the mission of the residents of this state to provide the children of this state with an education suitable to their future needs; and

      Whereas, It is the obligation of the Governor, the Nevada Legislature, the Department of Education, the State Board of Education, local school districts, educational personnel and parents of this state to develop for the children of this state a system of instruction in which high expectations are consistently imposed and met; and

      Whereas, An effective accountability plan will allow the public schools within the State of Nevada to meet the needs of pupils who are enrolled in the public schools; and

      Whereas, The Nevada Legislature has a constitutional responsibility for Nevada’s system of public education; and

      Whereas, The Governor and the Nevada Legislature believe that the accountability of the public school system of the State of Nevada will be greatly enhanced by the adoption of the Nevada Education Reform Act of 1997; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 385 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 20, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 20, inclusive, of this act and NRS 385.347, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Bureau” means the legislative bureau of educational accountability and program evaluation created pursuant to section 41 of this act.

      Sec. 4.  “Committee” means the legislative committee on education created pursuant to section 37 of this act.

      Sec. 5.  The department shall, on or before December 15 of each year:

      1.  Evaluate the information submitted by each school district pursuant to paragraphs (b) and (g) of subsection 2 of NRS 385.347; and

      2.  Based upon its evaluation and in accordance with the criteria set forth in sections 6 and 7 of this act, designate each public school within each school district as:

      (a) Demonstrating high achievement;

      (b) Demonstrating adequate achievement; or

      (c) Demonstrating inadequate achievement.

      Sec. 6.  1.  The department shall designate a public school as demonstrating high achievement if:

      (a) The number of pupils who took the examinations administered pursuant to NRS 389.015 is at least equal to 95 percent of the pupils who were required to take the examinations and were not exempt pursuant to the regulations of the department;

      (b) At least 50 percent of the pupils enrolled in that school who took the examinations administered pursuant to NRS 389.015 received an average score on those examinations that is at least equal to the 75th percentile of the national reference group of pupils to which the examinations were compared; and

 


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ê1997 Statutes of Nevada, Page 1760 (Chapter 473, SB 482)ê

 

score on those examinations that is at least equal to the 75th percentile of the national reference group of pupils to which the examinations were compared; and

      (c) The average daily attendance of pupils who are enrolled in the school and the teachers who provide instruction at the school is more than 95 percent.

      2.  The department shall designate a public school as demonstrating adequate achievement if:

      (a) The number of pupils who took the examinations administered pursuant to NRS 389.015 is at least equal to 90 percent of the pupils who were required to take the examinations and were not exempt pursuant to the regulations of the department;

      (b) At least 60 percent of the pupils enrolled in that school who took the examinations administered pursuant to NRS 389.015 received an average score on those examinations that is at least equal to the 26th percentile of the national reference group of pupils to which the examinations were compared; and

      (c) The average daily attendance of pupils who are enrolled in the school and the teachers who provide instruction at the school is more than 90 percent.

      Sec. 7.  The department shall designate a public school as demonstrating inadequate achievement if:

      1.  Less than 60 percent of the pupils enrolled in that school who took the examinations administered pursuant to NRS 389.015 received an average score on those examinations that is at least equal to the 26th percentile of the national reference group of pupils to which the examinations were compared; or

      2.  The average daily attendance of pupils who are enrolled in the school and the teachers who provide instruction at the school is less than 90 percent for 3 or more consecutive years based upon the yearly profile of information for the school maintained by the department pursuant to subsection 4 of section 18 of this act.

      Sec. 8.  As soon as practicable after the department makes a designation pursuant to section 5 of this act, the department shall provide written notice of the designation to the principal of the particular school. In addition, the department shall provide written notice of each such designation as follows:

      1.  Designations for all of the schools of this state to the:

      (a) Governor;

      (b)Committee;

      (c) Bureau; and

      (d) State board.

      2.  Designations for all of the schools within a school district to the:

      (a) Superintendent of schools of the school district; and

      (b) Board of trustees of the school district.

Each notice that the department provides pursuant to this section must include, for each school that the department designates as demonstrating inadequate achievement, the number of consecutive years, if any, in which the school has received that designation.

      Sec. 9.  The department shall maintain a record of the:


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ê1997 Statutes of Nevada, Page 1761 (Chapter 473, SB 482)ê

 

      1.  Information that it receives from each school district pursuant to section 18 of this act; and

      2.  Designation made for each school pursuant to section 5 of this act,

in such a manner as will allow the department to evaluate the progress of each school in improving the achievement of pupils who are enrolled in the school on the examinations required pursuant to NRS 389.015, the attendance of pupils who are enrolled in the school and the attendance of teachers who provide instruction at the school.

      Sec. 10.  1.  The department shall adopt programs of remedial study for each subject tested on the examinations administered pursuant to NRS 389.015. In adopting these programs of remedial study, the department shall consider the recommendations submitted by the committee pursuant to section 39 of this act and programs of remedial study that have proven to be successful in improving the academic achievement of pupils.

      2.  A school that receives a designation as demonstrating inadequate achievement pursuant to section 7 of this act shall ensure that each of its pupils who fails to demonstrate at least adequate achievement on the examinations administered pursuant to NRS 389.015 completes, in accordance with the requirements set forth in subsection 4 of NRS 389.015, a program of remedial study adopted by the department.

      Sec. 11.  If the department designates a school as demonstrating inadequate achievement pursuant to section 7 of this act and the provisions of sections 12 and 13 of this act do not apply, the board of trustees of the school district in which the school is located shall:

      1.  Prepare for that school a plan to improve the achievement of the school’s pupils as measured by the examinations required pursuant to NRS 389.015.

      2.  On or before February 15 of the year immediately succeeding the year in which the designation was made, submit the plan to the:

      (a) Governor;

      (b) Department;

      (c) Committee; and

      (d) Bureau.

      Sec. 12.  If the department designates a school as demonstrating inadequate achievement pursuant to section 7 of this act for 2 consecutive years, the department shall:

      1.  Place the school on academic probation.

      2.  Prepare for that school a plan to improve the achievement of the pupils who are enrolled in the school as measured by the examinations required pursuant to NRS 389.015.

      3.  On or before February 15 of the year immediately succeeding the year in which the second designation was made, submit the plan to the:

      (a) Board of trustees of the school district in which the school is located;

      (b) Governor;

      (c) State board;

      (d) Committee; and

      (e) Bureau.


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ê1997 Statutes of Nevada, Page 1762 (Chapter 473, SB 482)ê

 

      Sec. 13.  If the department designates a school as demonstrating inadequate achievement pursuant to section 7 of this act for 3 or more consecutive years:

      1.  The department shall:

      (a) Continue the academic probation of the school;

      (b) Prepare for that school a plan to improve the achievement of the school’s pupils as measured by the examinations required pursuant to NRS 389.015; and

      (c) Submit the plan to the:

             (1) Board of trustees of the school district in which the school is located;

             (2) Governor;

             (3) State board;

             (4) Committee; and

             (5) Bureau.

A plan prepared and submitted by the department pursuant to this subsection must contain specific information about the school, including, but not limited to, information concerning the administrative operation of the school, the curriculum of the school and the financial and other resources of the school.

      2.  The board of trustees of the school district in which the school is located shall, until such time as the school is designated as demonstrating high achievement or adequate achievement pursuant to section 6 of this act, make at least four reports per year to the department, the committee and the governor concerning the progress of the school in carrying out the plan prepared pursuant to subsection 1.

      Sec. 14.  1.  Except as otherwise provided in subsection 3, in addition to the requirements set forth in sections 12 and 13 of this act, if a school receives two or more consecutive designations as demonstrating inadequate achievement, the department shall, on or before January 15, establish a panel to supervise the academic probation of the school. A panel established pursuant to this section consists of nine members appointed by the superintendent of public instruction as follows:

      (a) Two instructors or professors who provide instruction within the University and Community College System of Nevada;

      (b) Two representatives of the private sector;

      (c) Two parents or legal guardians of pupils who are enrolled in the school; and

      (d) Three persons who are licensed educational personnel at public schools within this state. Two of the persons appointed pursuant to this paragraph must be classroom teachers who provide instruction at schools that are not located within the same school district as the school which is the subject of the evaluation.

      2.  For each day or portion of a day during which a member of the panel attends a meeting of the panel or is otherwise engaged in the work of the panel, he is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. The school district in which the school on academic probation is located shall pay the allowances and expenses authorized pursuant to this subsection.


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ê1997 Statutes of Nevada, Page 1763 (Chapter 473, SB 482)ê

 

      3.  If a school receives two or more consecutive designations as demonstrating inadequate achievement, the school may submit to the department a request for a waiver of the requirement for the establishment of a panel to supervise the academic probation of the school. The department may grant such a waiver if the yearly profile of information for the school maintained by the department pursuant to subsection 4 of section 18 of this act demonstrates to the satisfaction of the department that the school has significantly improved in each of the immediately preceding 3 years covered by the profile.

      4.  If the department grants a waiver pursuant to subsection 3, it shall, on or before February 15 of each year, prepare a list that contains the name of each school for which the department has granted a waiver and the justification of the department for granting the waiver. The department shall submit the list to the:

      (a) Governor;

      (b) State board;

      (c) Committee; and

      (d) Bureau.

      Sec. 15.  1.  A panel established pursuant to section 14 of this act shall:

      (a) Review the most recent plan prepared by the department for the school pursuant to section 12 or 13 of this act or the plan prepared by the board of trustees of the school district pursuant to section 11 of this act;

      (b) Identify and investigate the problems and factors at the school that contributed to the designation of the school as demonstrating inadequate achievement;

      (c) Hold a public meeting to discuss the actions that the school will need to take to warrant receiving a designation of demonstrating high achievement or adequate achievement;

      (d) On or before April 1, prepare a written report that includes an analysis of the problems and factors at the school which contributed to the designation of the school as demonstrating inadequate achievement, including, but not limited to, issues relating to:

             (1) The financial resources of the school;

             (2) The administrative and educational personnel of the school;

             (3) The curriculum of the school;

             (4) The facilities available at the school, including the availability and accessibility of educational technology; and

             (5) Any other factors that the panel believes contributed to the designation of the school as demonstrating inadequate achievement;

      (e) Submit a copy of the written report to the:

             (1) Principal of the school;

             (2) Board of trustees of the school district in which the school is located;

             (3) Superintendent of schools of the school district in which the school is located;

             (4) Superintendent of public instruction;

             (5) Governor;

             (6) State board;


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ê1997 Statutes of Nevada, Page 1764 (Chapter 473, SB 482)ê

 

             (7) Department;

             (8) Committee; and

             (9) Bureau;

      (f) Make the written report available, upon request, to each parent or legal guardian of a pupil who is enrolled in the school; and

      (g) In accordance with its findings pursuant to this subsection, adopt revisions to the most recent plan prepared by the department for the school pursuant to section 12 or 13 of this act.

      2.  The department shall, not more than 1 month after receiving the written report submitted by the panel:

      (a) Amend the most recent plan prepared by the department for the school pursuant to section 12 or 13 of this act. In amending the plan, the department shall incorporate the revisions adopted by the panel pursuant to paragraph (g) of subsection 1.

      (b) Submit to the panel a copy of an amended plan for the school which demonstrates to the satisfaction of the panel that the department incorporated the revisions adopted by the panel pursuant to paragraph (g) of subsection 1.

      3.  The department shall submit to the panel a copy of the designation that it gives to the school pursuant to section 5 of this act for the school year immediately succeeding the establishment of the panel. If the school does not earn a designation as demonstrating high achievement or adequate achievement for the school year immediately succeeding the establishment of the panel, the panel shall take such action pursuant to subsection 1 and section 16 of this act as it deems necessary to ensure that the school takes action to improve its designation.

      Sec. 16.  If a panel established pursuant to section 14 of this act determines that a school has not earned a designation as demonstrating high achievement or adequate achievement for the school year immediately succeeding the establishment of the panel, the panel shall:

      1.  Hold an additional public meeting to discuss the actions which must be taken to improve the achievement of pupils at the school.

      2.  On or before April 1, determine whether the superintendent of public instruction shall appoint an administrator to oversee the operation of the school pursuant to section 17 of this act.

      Sec. 17.  1.  If a panel established pursuant to section 14 of this act determines that an administrator must be appointed to oversee the operation of a school, the superintendent of public instruction shall, on or before May 1, appoint a licensed administrator to do so. The administrator must:

      (a) Possess knowledge and experience concerning the administration of public schools.

      (b) Be appointed from a list of three qualified persons submitted to the superintendent of public instruction by the panel.

      2.  An administrator appointed pursuant to this section:

      (a) Shall:

             (1) Establish and carry out a policy for the management of the school to ensure that the plan prepared by the department pursuant to section 13 of this act and revised by the panel pursuant to section 15 of this act is followed.


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ê1997 Statutes of Nevada, Page 1765 (Chapter 473, SB 482)ê

 

followed. This subparagraph does not prohibit the administrator from recommending changes to the plan.

             (2) On a quarterly basis, make reports to the department, the governor and the committee regarding the progress of the school toward earning a designation of demonstrating high achievement or adequate achievement pursuant to section 6 of this act.

      (b) May take any action not prohibited by law to ensure that the performance of the pupils of the school on the examinations administered pursuant to NRS 389.015 improves to such a level that the school is designated as demonstrating high achievement or adequate achievement pursuant to section 6 of this act.

      (c) Serves at the pleasure of the superintendent of public instruction and is entitled to receive such compensation as may be set by the superintendent.

      3.  A school district that contains a school for which an administrator is appointed pursuant to this section shall reimburse the department for any expenses incurred by the department pursuant to subsection 2.

      4.  If a school for which an administrator is appointed pursuant to this section receives a designation of demonstrating high achievement or adequate achievement pursuant to section 6 of this act, the superintendent of public instruction shall terminate the oversight of the school by the administrator. After the superintendent terminates the oversight of the school, the board of trustees of the school district in which the school is located shall, on a quarterly basis and until such time as the school receives two consecutive designations of demonstrating high achievement or adequate achievement pursuant to section 6 of this act, make reports to the department, the committee and the governor regarding actions taken at the school to maintain that designation.

      Sec. 18.  1.  On or before April 15 of each year, the board of trustees of each school district shall submit the report required pursuant to subsection 2 of NRS 385.347 to the:

      (a) Governor;

      (b) State board;

      (c) Department;

      (d) Committee; and

      (e) Bureau.

      2.  On or before April 15 of each year, the board of trustees of each school district shall submit the information prepared by the board of trustees pursuant to paragraph (q) of subsection 2 of NRS 385.347 to the commission on educational technology created pursuant to section 27 of this act.

      3.  On or before June 15 of each year, the board of trustees of each school district shall:

      (a) Prepare:

             (1) A separate written report summarizing the effectiveness of the district’s program of accountability during the school year. The report must include:

                   (I) A review and analysis of the data upon which the report required pursuant to subsection 2 of NRS 385.347 is based; and

                   (II) The identification of any problems or factors at individual schools that are revealed by the review and analysis.


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ê1997 Statutes of Nevada, Page 1766 (Chapter 473, SB 482)ê

 

             (2) A written procedure to improve the achievement of pupils who are enrolled in schools within the district, including, but not limited to, a description of the efforts the district has made to correct any deficiencies identified in the written report required pursuant to subparagraph (1). The written procedure must describe sources of data that will be used by the board of trustees to evaluate the effectiveness of the written procedure.

      (b) Submit copies of the written report and written procedure required pursuant to paragraph (a) to the:

             (1) Governor;

             (2) State board;

             (3) Department;

             (4) Committee; and

             (5) Bureau.

      4.  The department shall maintain a record of the information that it receives from each school district pursuant to this section in such a manner as will allow the department to create for each school a yearly profile of information.

      5.  The board of trustees of each school district shall ensure that a copy of the written report and written procedure required pursuant to paragraph (a) of subsection 3 is included with the final budget of the school district adopted pursuant to NRS 354.598.

      Sec. 19.  1.  The bureau shall contract with a person or entity to:

      (a) Review and analyze the information submitted to the bureau pursuant to section 18 of this act in accordance with standards prescribed by the committee pursuant to subsection 2 of section 39 of this act;

      (b) Consult with each school district regarding any methods by which the district may improve the accuracy of the report required pursuant to subsection 2 of NRS 385.347 and the written report and written procedure required pursuant to section 18 of this act, and the purposes for which the reports and written procedure are used; and

      (c) Submit written reports and any recommendations to the committee and the bureau concerning:

             (1) The effectiveness of the provisions of sections 2 to 20, inclusive, of this act and NRS 385.347 in improving the accountability of the schools of this state;

             (2) The status of each school that is designated as demonstrating inadequate achievement pursuant to section 7 of this act; and

             (3) Any other matter related to the accountability of the public schools of this state, as deemed necessary by the bureau.

      2.  The consultant with whom the bureau contracts to perform the duties required pursuant to subsection 1:

      (a) Must possess the experience and knowledge necessary to perform those duties, as determined by the committee; and

      (b) Shall complete those duties within 6 months after the bureau provides to the consultant the report required pursuant to subsection 2 of NRS 385.347 and the written report and written procedure required pursuant to section 18 of this act.

      Sec. 20.  The department shall adopt:


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ê1997 Statutes of Nevada, Page 1767 (Chapter 473, SB 482)ê

 

      1.  Regulations to provide for the recognition of schools that receive a designation as demonstrating high achievement pursuant to subsection 1 of section 6 of this act;

      2.  Regulations which prescribe the factors that the department will consider in determining whether to grant a waiver from the establishment of a panel to supervise the academic probation of a school pursuant to section 14 of this act, including, without limitation, criteria for determining whether a school has significantly improved; and

      3.  Such regulations as it deems necessary to carry out the provisions of sections 2 to 9, inclusive, and 11 to 20, inclusive, of this act and NRS 385.347, including, without limitation, uniform standards for the type and format of data that must be submitted by the school districts and the time by which such data must be submitted.

      Sec. 21.  NRS 385.310 is hereby amended to read as follows:

      385.310  The deputy superintendent for administrative and fiscal services, under the direction of the superintendent of public instruction, shall:

      1.  Determine the apportionment of all state school money to schools of the state as prescribed by law.

      2.  Develop for public schools of the state a uniform system of budgeting and accounting . [, which system, when approved by] The system must provide for the separate reporting of expenditures for each:

      (a) School district; and

      (b) School within a school district.

Upon approval of the state board , the system is mandatory for all public schools in [the state,] this state and must be enforced as provided [for] in subsection 2 of NRS 385.315.

      3.  Carry on a continuing study of school finance in the state, particularly the method by which schools are financed on the state level, and make such recommendations to the superintendent of public instruction for submission to the state board as he deems advisable.

      4.  Recommend to the superintendent of public instruction for submission to the state board such changes in budgetary and financial procedures as his studies may show to be advisable.

      5.  Perform such other statistical and financial duties pertaining to the administration and finances of the schools of the state as may be required by the superintendent of public instruction.

      6.  Prepare for the superintendent of public instruction the biennial budgets of the department for consideration by the state board and submission to the governor.

      Sec. 22.  NRS 385.347 is hereby amended to read as follows:

      385.347  1.  The board of trustees of each school district in this state, in cooperation with associations recognized by the state board as representing licensed personnel in education in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the state board for the quality of the schools and the educational achievement of the pupils in the district.

      2.  The board of trustees of each school district shall, on or before March 31 of each year, report to the residents of the district concerning:


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ê1997 Statutes of Nevada, Page 1768 (Chapter 473, SB 482)ê

 

      (a) The educational goals and objectives of the school district.

      (b) Pupil achievement for grades 4, 8 , 10 and 11 for each school in the district and the district as a whole. Unless otherwise directed by the department, the board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 389.015 and shall compare the results of those examinations for the current school year with those of previous school years. The report must include, for each school in the district and each grade in which the examinations were administered:

             (1) The number of pupils who took the examinations;

             (2) An explanation of instances in which a school was exempt from administering or a pupil was exempt from taking an examination; and

             (3) A record of attendance for the period in which the examinations were administered, including an explanation of any difference in the number of pupils who took the examinations and the number of pupils in attendance in that period.

In addition, the board shall also report the results of other examinations of pupil achievement administered to [each pupil] pupils in the school district in grades other than 4, 8 , 10 and 11. The results of these examinations for the current school year must be compared with those of previous school years.

      (c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, the average class size for each required course of study for each secondary school in the district and the district as a whole, and other data concerning licensed and unlicensed employees of the school district.

      (d) A comparison of the types of classes that each teacher has been assigned to teach with the qualifications and licensure of the teacher, for each school in the district and the district as a whole.

      (e) The total expenditure per pupil for each school in the district and the district as a whole.

      (f) The curriculum used by the school district, including any special programs for pupils at an individual school.

      (g) Records of the attendance and truancy of pupils in all grades, including, without limitation, the average daily attendance of pupils, for each school in the district and the district as a whole.

      (h) The annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole.

      (i) Records of attendance of teachers who provide instruction, for each school in the district and the district as a whole.

      (j) Efforts made by the school district and by each school in the district to increase [communication] :

             (1) Communication with the parents of pupils in the district [.

      (j)] ; and

             (2) The participation of parents in the educational process and activities relating to the school district and each school, including, without limitation, the existence of parent organizations and school advisory committees.


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ê1997 Statutes of Nevada, Page 1769 (Chapter 473, SB 482)ê

 

      (k) Records of incidents involving weapons or violence for each school in the district.

      [(k)](l) Records of incidents involving the use or possession of alcoholic beverages or controlled substances for each school in the district.

      (m) Records of the suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467.

      [(l)](n) The transiency rate of pupils for each school in the district and the district as a whole.

      [(m)](o) Each source of funding for the school district.

      [(n)](p) For each high school in the district, the percentage of pupils who graduated from that high school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university or community college within the University and Community College System of Nevada.

      (q) The technological facilities and equipment available at each school and the district’s plan to incorporate educational technology at each school.

      (r) Such other information as is directed by the superintendent of public instruction.

      3.  The superintendent of public instruction shall:

      (a) Prescribe forms for the reports required pursuant to subsection 2 and provide the forms to the respective school districts.

      (b) Provide statistical information and technical assistance to the school districts to ensure that the reports provide comparable information with respect to each school in each district and among the districts.

      (c) Consult with a representative of [:

             (1) The] the:

             (1) Nevada State Education Association;

             (2) [The] Nevada Association of School Boards;

             (3) [The] Nevada Association of School Administrators [; and

             (4) The] ;

             (4) Nevada Parent Teachers Association [,] ;

             (5) Budget division of the department of administration; and

             (6) Legislative counsel bureau,

concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

      [4.  On or before April 15 of each year, the board of trustees of each school district shall submit to the state board the report made pursuant to subsection 2. On or before June 15 of each year, the board of trustees of each school district shall submit to the state board:

      (a) A separate report summarizing the effectiveness of the district’s program of accountability during the school year; and

      (b) A description of the efforts the district has made to correct deficiencies identified in the report submitted pursuant to paragraph (a).

      5.  On or before February 1 of each year, the superintendent of public instruction shall analyze the information submitted to the state board and report to the legislature concerning the effectiveness of the programs of accountability adopted pursuant to this section. In even-numbered years, the report must be submitted to the legislative commission.]


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ê1997 Statutes of Nevada, Page 1770 (Chapter 473, SB 482)ê

 

      Sec. 23.  Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 24 to 28, inclusive, of this act.

      Sec. 24.  As used in sections 24 to 28, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 25 and 26 of this act have the meanings ascribed to them in those sections.

      Sec. 25.  “Commission” means the commission on educational technology created pursuant to section 27 of this act.

      Sec. 26.  “Committee” means the legislative committee on education created pursuant to section 37 of this act.

      Sec. 27.  1.  The commission on educational technology, consisting of 11 members is hereby created. The superintendent of public instruction and the director of the department of information services shall serve ex officio as nonvoting members of the commission.

      2.  The governor shall appoint the following voting members to the commission, at least two of whom must reside in a county whose population is less than 100,000:

      (a) One administrator in a public school who possesses knowledge and experience in the general application of technology;

      (b) One school teacher in a public elementary school who possesses knowledge and experience in the use of educational technology in the public schools;

      (c) One school teacher in a public secondary school who possesses knowledge and experience in the use of educational technology in the public schools;

      (d) One representative of public libraries who possesses knowledge and experience in the general application of technology;

      (e) One representative of the University and Community College System of Nevada who possesses knowledge and experience in the use of educational technology in institutions of higher education;

      (f) One representative of the private sector who possesses knowledge and experience in the use of technology; and

      (g) One parent or legal guardian who possesses knowledge and experience in the general application of technology.

      3.  The senate majority leader shall appoint two voting members to the commission:

      (a) One of whom is a member of the senate; and

      (b) One of whom is employed in the field of technology.

      4.  The speaker of the assembly shall appoint two members to the committee:

      (a) One of whom is a member of the assembly; and

      (b) One of whom is employed in the field of technology.

      5.  The governor shall appoint a chairman among the voting members of the commission.

      6.  The term of each member of the commission is 2 years, commencing on July 1 of each odd-numbered year and expiring on June 30 of the immediately succeeding odd-numbered year. Upon the expiration of a term of a member, he may be reappointed, if he still possesses any requisite qualifications for appointment. There is no limit on the number of terms that a member may serve.


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ê1997 Statutes of Nevada, Page 1771 (Chapter 473, SB 482)ê

 

      7.  The person or entity who appoints a member to the commission may remove that member if the member neglects his duty or commits malfeasance in office, or for other just cause. Any vacancy in the membership of the commission must be filled for the remainder of the unexpired term in the same manner as the original appointment.

      8.  The commission shall hold at least four regular meetings each year, and may hold special meetings at the call of the chairman.

      9.  Members of the commission who are not legislators serve without compensation, except that for each day or portion of a day during which a member of the commission attends a meeting of the commission or is otherwise engaged in the business of the commission, he is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      10.  For each day or portion of a day during which a member of the commission who is a legislator attends a meeting of the commission or is otherwise engaged in the work of the commission, except during a regular or special session of the legislature, he is entitled to receive the:

      (a) Compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session;

      (b) Per diem allowance provided for state officers and employees generally; and

      (c) Travel expenses provided pursuant to NRS 218.2207.

The compensation, per diem allowances and travel expenses of the legislative members of the commission must be paid from the legislative fund.

      Sec. 28.  1.  The commission shall establish a plan for the use of educational technology in the public schools of this state. In preparing the plan, the commission shall consider:

      (a) Plans that have been adopted by the department and the school districts in this state;

      (b) Plans that have been adopted in other states, including, but not limited to, the Iowa Communications Network;

      (c) The information submitted to the commission by the board of trustees of each school district pursuant to subsection 2 of section 18 of this act; and

      (d) Any other information that the commission or the committee deems relevant to the preparation of the plan.

      2.  The plan established by the commission must include recommendations for methods to:

      (a) Incorporate educational technology into the public schools of this state;

      (b) Increase the number of pupils in the public schools of this state who have access to educational technology;

      (c) Increase the availability of educational technology to assist licensed teachers and other educational personnel in complying with the requirements of continuing education, including, but not limited to, the receipt of credit for college courses completed through the use of educational technology;

      (d) Facilitate the exchange of ideas to improve the achievement of pupils who are enrolled in the public schools of this state; and


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ê1997 Statutes of Nevada, Page 1772 (Chapter 473, SB 482)ê

 

      (e) Address the needs of teachers in incorporating the use of educational technology in the classroom, including, but not limited to, the completion of training that is sufficient to enable the teachers to instruct pupils in the use of educational technology.

      3.  The department shall provide:

      (a) Administrative support;

      (b) Equipment; and

      (c) Office space,

as is necessary for the commission to carry out the provisions of this section.

      4.  The following entities shall cooperate with the commission in carrying out the provisions of this section:

      (a) The state board.

      (b) The board of trustees of each school district.

      (c) The superintendent of schools of each school district.

      (d) The department.

      5.  The commission shall:

      (a) Develop technical standards for educational technology and any electrical or structural appurtenances necessary thereto, including, without limitation, uniform specifications for computer hardware and wiring, to ensure that such technology is compatible, uniform and can be interconnected throughout the public schools of this state.

      (b) Allocate money to the school districts from the trust fund for educational technology created pursuant to NRS 393.163 and any money appropriated by the legislature for educational technology, subject to any priorities for such allocation established by the legislature.

      (c) Establish criteria for the board of trustees of a school district that receives an allocation of money from the commission to:

             (1) Repair, replace and maintain computer systems.

             (2) Upgrade and improve computer hardware and software and other educational technology.

             (3) Provide training, installation and technical support related to the use of educational technology within the district.

      (d) Submit to the governor, the committee and the department its plan for the use of educational technology in the public schools of this state and any recommendations for legislation.

      (e) Review the plan annually and make revisions as it deems necessary or as directed by the committee or the department.

      (f) In addition to the recommendations set forth in the plan pursuant to subsection 2, make further recommendations to the committee and the department as the commission deems necessary.

      6.  As used in this section, “public school” includes the Caliente youth center and the Nevada youth training center.

      Sec. 29.  Chapter 389 of NRS is hereby amended by adding thereto a new section to read as follows:

      The state board shall:

      1.  In accordance with guidelines established by the National Assessment Governing Board and National Center for Education Statistics, adopt regulations requiring the schools of this state that are selected by the National Assessment Governing Board or the National Center for Education Statistics to participate in the examinations of the National Assessment of Educational Progress.


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ê1997 Statutes of Nevada, Page 1773 (Chapter 473, SB 482)ê

 

Statistics to participate in the examinations of the National Assessment of Educational Progress.

      2.  Report the results of those examinations to the:

      (a) Governor;

      (b) Board of trustees of each school district of this state;

      (c) Legislative committee on education created pursuant to section 37 of this act; and

      (d) Legislative bureau of educational accountability and program evaluation created pursuant to section 41 of this act.

      Sec. 30.  NRS 389.015 is hereby amended to read as follows:

      389.015  1.  The board of trustees of each school district shall administer examinations in all public schools within its district to determine the achievement and proficiency of pupils in:

      (a) Reading;

      (b) Writing; [and]

      (c) Mathematics [.] ; and

      (d) Science.

      2.  The examinations required by subsection 1 must be:

      (a) Administered before the completion of grades 4, 8 , 10 and 11.

      (b) Administered in each school district at the same time. The time for the administration of the examinations must be prescribed by the state board.

      (c) Scored by the department or a single private entity that has contracted with the state board to score the examinations. [The] If a private entity has contracted with the board, the entity shall report the results of the examinations in the form required by the department.

      3.  Different standards of proficiency may be adopted for pupils with diagnosed learning disabilities.

      4.  If a pupil fails to demonstrate at least adequate achievement on the examination administered before the completion of grade 4 [or 8,] , 8 or 10, he may be promoted to the next higher grade, but the results of his examination must be evaluated to determine what remedial study is appropriate. If such a pupil is enrolled at a school that has been designated as demonstrating inadequate achievement pursuant to section 7 of this act, the pupil must, in accordance with the requirements set forth in this subsection, complete a program of remedial study pursuant to section 10 of this act.

      5.  If a pupil fails to pass the proficiency examination administered before the completion of grade 11, he must not be graduated until he is able, through remedial study, to pass the proficiency examination, but he may be given a certificate of attendance, in place of a diploma, if he has reached the age of 17 years.

      [5.]6.  The state board shall prescribe standard examinations of achievement and proficiency to be administered pursuant to subsection 1. The examinations on reading , [and] mathematics and science prescribed for grades 4 , [and] 8 and 10 must be selected from examinations created by private entities and administered to a national reference group, and must allow for a comparison of the achievement and proficiency of pupils in grades 4 , [and] 8 and 10 in this state to that of a national reference group of pupils in grades 4 [and 8.]


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ê1997 Statutes of Nevada, Page 1774 (Chapter 473, SB 482)ê

 

of pupils in grades 4 [and 8.] , 8 and 10. The questions contained in the examinations and the approved answers used for grading them are confidential, and disclosure is unlawful except:

      (a) To the extent necessary for administering and evaluating the examinations.

      (b) That a disclosure may be made to a state officer who is a member of the executive or legislative branch to the extent that it is related to the performance of that officer’s duties.

      (c) That specific questions and answers may be disclosed if the superintendent of public instruction determines that the content of the questions and answers is not being used in a current examination and making the content available to the public poses no threat to the security of the current examination process.

      Sec. 31.  NRS 389.017 is hereby amended to read as follows:

      389.017  The state board [of education] shall prescribe regulations requiring that each board of trustees of a school district submit to the superintendent of public instruction [,] and the department, in the form and manner prescribed by the superintendent, the results of achievement and proficiency examinations given in the 4th, 8th , 10th and 11th grades [of] to public school pupils in the district. The state board shall not include in the regulations any provision which would violate the confidentiality of the test scores of any individual pupil.

      Sec. 32.  NRS 393.163 is hereby amended to read as follows:

      393.163  1.  The trust fund for educational technology is hereby created in the state general fund. The trust fund must be administered by the superintendent of public instruction. The superintendent may accept gifts and grants of money from any source for deposit in the trust fund. Any such money may be expended in accordance with the terms and conditions of the gift or grant, or in accordance with subsection 3.

      2.  The interest and income earned on the money in the trust fund must be credited to the trust fund.

      3.  The money in the trust fund may be used only [to provide grants] for the distribution of money to [individual public schools] school districts to be used in kindergarten through 12th grade to obtain and maintain hardware and software for computer systems, equipment for transfer of data by modem through connection to telephone lines, and other educational technology as may be approved by the [superintendent of public instruction] commission on educational technology created pursuant to section 27 of this act for use in classrooms.

      Sec. 33.  NRS 393.165 is hereby amended to read as follows:

      393.165  The department shall, [by regulation,] in consultation with the commission on educational technology created pursuant to section 27of this act, adopt regulations that establish a program whereby [individual public schools] school districts may apply to the [superintendent of public instruction for grants of] commission on educational technology for money from the trust fund for educational technology.


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ê1997 Statutes of Nevada, Page 1775 (Chapter 473, SB 482)ê

 

      Sec. 34.  Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:

      The board of regents shall require employees of the system to provide to the board of trustees of each school district of this state, as appropriate, information regarding the:

      1.  Number of pupils who graduated from a high school in the district in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university or community college within the system.

      2.  Costs incurred by the system in providing remedial instruction pursuant to subsection 1.

      Sec. 35.  Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 36 to 41, inclusive, of this act.

      Sec. 36.  As used in sections 36 to 41, inclusive, of this act, unless the context otherwise requires, “committee” means the legislative committee on education.

      Sec. 37.  1.  The legislative committee on education, consisting of eight legislative members, is hereby created. The membership of the committee consists of:

      (a) Four members appointed by the majority leader of the senate, at least one of whom must be a member of the minority political party.

      (b) Four members appointed by the speaker of the assembly, at least one of whom must be a member of the minority political party.

      2.  After the initial selection, the legislative commission shall select the chairman and vice chairman of the committee from among the members of the committee. After the initial selection of those officers, each of those officers holds the position for a term of 2 years commencing on July 1 of each odd-numbered year. The chairmanship of the committee must alternate each biennium between the houses of the legislature. If a vacancy occurs in the chairmanship or vice chairmanship, the vacancy must be filled in the same manner as the original selection for the remainder of the unexpired term.

      3.  A member of the committee who is not a candidate for reelection or who is defeated for reelection continues to serve until the convening of the next regular session of the legislature.

      4.  A vacancy on the committee must be filled in the same manner as the original appointment.

      Sec. 38.  1.  The members of the committee shall meet throughout the year at the times and places specified by a call of the chairman or a majority of the committee. The director of the legislative counsel bureau or his designee shall act as the nonvoting recording secretary of the committee. Five members of the committee constitute a quorum, and a quorum may exercise all the power and authority conferred on the committee.

      2.  Except during a regular or special session of the legislature, for each day or portion of a day during which a member of the committee attends a meeting of the committee or is otherwise engaged in the work of the committee, he is entitled to receive the:

      (a) Compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session;


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ê1997 Statutes of Nevada, Page 1776 (Chapter 473, SB 482)ê

 

      (b) Per diem allowance provided for state officers and employees generally; and

      (c) Travel expenses provided pursuant to NRS 218.2207.

The compensation, per diem allowances and travel expenses of the members of the committee must be paid from the legislative fund.

      Sec. 39.  1.  The committee may:

      (a) Evaluate, review and comment upon issues related to education within this state, including, but not limited to:

             (1) Programs to enhance accountability in education;

             (2) Legislative measures regarding education;

             (3) Methods of financing public education;

             (4) The condition of public education in the elementary and secondary schools;

             (5) The program to reduce the ratio of pupils per class per licensed teacher prescribed in NRS 388.700 to 388.730, inclusive;

             (6) The development of any programs to automate the receipt, storage and retrieval of the educational records of pupils; and

             (7) Any other matters that, in the determination of the committee, affect the education of pupils within this state.

      (b) Conduct investigations and hold hearings in connection with its duties pursuant to this section.

      (c) Request that the legislative counsel bureau assist in the research, investigations, hearings and reviews of the committee.

      (d) Make recommendations to the legislature concerning the manner in which public education may be improved.

      2.  The committee shall:

      (a) In addition to any standards prescribed by the department of education, prescribe standards for the review and evaluation of the reports of school districts pursuant to paragraph (a) of subsection 1 of section 19 of this act.

      (b) For the purposes set forth in section 10 of this act, recommend to the department of education programs of remedial study for each subject tested on the examinations administered pursuant to NRS 389.015. In recommending these programs of remedial study, the committee shall consider programs of remedial study that have proven to be successful in improving the academic achievement of pupils.

      Sec. 40.  1.  If the committee conducts investigations or holds hearings pursuant to paragraph (b) of subsection 1 of section 39 of this act:

      (a) The secretary of the committee or, in his absence, a member designated by the committee may administer oaths.

      (b) The secretary or chairman of the committee may cause the deposition of witnesses, residing either within or outside of this state, to be taken in the manner prescribed by rule of court for taking depositions in civil actions in the district courts.

      (c) The chairman of the committee may issue subpoenas to compel the attendance of witnesses and the production of books and papers.

      2.  If a witness refuses to attend or testify or produce books or papers as required by the subpoena, the chairman of the committee may report to the district court by a petition which sets forth that:


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ê1997 Statutes of Nevada, Page 1777 (Chapter 473, SB 482)ê

 

      (a) Due notice has been given of the time and place of attendance of the witness or the production of the books or papers;

      (b) The witness has been subpoenaed by the committee pursuant to this section; and

      (c) The witness has failed or refused to attend or produce the books or papers required by the subpoena before the committee that is named in the subpoena, or has refused to answer questions propounded to him.

The petition may request an order of the court compelling the witness to attend and testify or produce the books and papers before the committee.

      3.  Upon such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and to show cause why he has not attended or testified or produced the books or papers before the committee. A certified copy of the order must be served upon the witness.

      4.  If it appears to the court that the subpoena was regularly issued by the committee, the court shall enter an order that the witness appear before the committee at the time and place fixed in the order and testify or produce the required books or papers. Failure to obey the order constitutes contempt of court.

      Sec. 41.  1.  The legislative bureau of educational accountability and program evaluation is hereby created within the fiscal analysis division of the legislative counsel bureau. The fiscal analysts shall appoint to the legislative bureau of educational accountability and program evaluation a chief and such other personnel as the fiscal analysts determine are necessary for the bureau to carry out its duties pursuant to this section.

      2.  The bureau shall, as the fiscal analysts determine is necessary or at the request of the committee:

      (a) Collect and analyze data and issue written reports concerning:

             (1) The effectiveness of the provisions of sections 2 to 20, inclusive, of this act and NRS 385.347 in improving the accountability of the schools of this state;

             (2) The statewide program to reduce the ratio of pupils per class per licensed teacher prescribed in NRS 388.700 to 388.730, inclusive;

             (3) The statewide program to educate persons with disabilities that is set forth in chapter 395 of NRS;

             (4) The results of the examinations of the National Assessment of Educational Progress that are administered pursuant to section 29 of this act; and

             (5) Any program or legislative measure, the purpose of which is to reform the system of education within this state.

      (b) Conduct studies and analyses to evaluate the performance and progress of the system of public education within this state. Such studies and analyses may be conducted:

             (1) As the fiscal analysts determine are necessary; or

             (2) At the request of the legislature.

This paragraph does not prohibit the bureau from contracting with a person or entity to conduct studies and analyses on behalf of the bureau.


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

ê1997 Statutes of Nevada, Page 1778 (Chapter 473, SB 482)ê

 

      (c) On or before December 31 of each even-numbered year, submit a written report of its findings pursuant to paragraphs (a) and (b) to the director of the legislative counsel bureau for transmission to the next regular session of the legislature. The bureau shall, on or before December 31 of each odd-numbered year, submit a written report of its findings pursuant to paragraphs (a) and (b) to the director of the legislative counsel bureau for transmission to the legislative commission.

      3.  The bureau may, pursuant to NRS 218.687, require a school, a school district, the University and Community College System of Nevada or the department of education to submit to the bureau books, papers, records and other information that the chief of the bureau determines are necessary to carry out the duties of the bureau pursuant to this section. An entity whom the bureau requests to produce records or other information shall provide the records or other information in any readily available format specified by the bureau.

      4.  Except as otherwise provided in this subsection, any information obtained by the bureau pursuant to this section shall be deemed a work product that is confidential pursuant to NRS 218.625. The bureau may, at the discretion of the chief and after submission to the legislature or legislative commission, as appropriate, publish reports of its findings pursuant to paragraphs (a) and (b) of subsection 2.

      5.  This section does not prohibit the department of education or the state board of education from conducting analyses, submitting reports or otherwise reviewing educational programs in this state.

      Sec. 42.  NRS 354.598 is hereby amended to read as follows:

      354.598  1.  At the time and place advertised for public hearing, or at any time and place to which the public hearing is from time to time adjourned, the governing body shall hold a public hearing on the tentative budget, at which time interested persons must be given an opportunity to be heard.

      2.  At the public hearing, the governing body shall indicate changes, if any, to be made in the tentative budget, and shall adopt a final budget by the favorable votes of a majority of all members of the governing body. Except as otherwise provided in this subsection, the final budget must be adopted on or before June 1 of each year. The final budgets of school districts must be adopted on or before June 8 of each year [.] and must be accompanied by copies of the written report and written procedure prepared pursuant to subsection 3 of section 18 of this act. Should the governing body fail to adopt a final budget that complies with the requirements of law and the regulations of the department of taxation on or before the required date, the budget adopted and approved by the department of taxation for the current year, adjusted as to content and rate in such a manner as the department of taxation may consider necessary, automatically becomes the budget for the ensuing fiscal year. When a budget has been so adopted by default, the governing body may not reconsider the budget without the express approval of the department of taxation. If the default budget creates a combined ad valorem tax rate in excess of the limit imposed by NRS 361.453, the Nevada tax commission shall adjust the budget as provided in NRS 361.4547 or 361.455.


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

ê1997 Statutes of Nevada, Page 1779 (Chapter 473, SB 482)ê

 

      3.  The final budget must be certified by a majority of all members of the governing body and a copy of it, together with an affidavit of proof of publication of the notice of the public hearing, must be transmitted to the Nevada tax commission. If a tentative budget is adopted by default as provided in subsection 2, the clerk of the governing body shall certify the budget and transmit to the Nevada tax commission a copy of the budget, together with an affidavit of proof of the notice of the public hearing, if that notice was published. Certified copies of the final budget must be distributed as determined by the department of taxation.

      4.  Upon the adoption of the final budget or the amendment of the budget in accordance with NRS 354.606, the several amounts stated in it as proposed expenditures are appropriated for the purposes indicated in the budget.

      5.  No governing body may adopt any budget which appropriates for any fund any amount in excess of the budget resources of that fund.

      Sec. 43.  1.  The council to establish academic standards for public schools, consisting of nine members, is hereby created. The membership of the council consists of the president of the state board of education or a member of the state board of education designated by the president and:

      (a) Four members appointed by the governor in accordance with subsection 2;

      (b) Two members appointed by the majority leader of the senate in accordance with subsection 3; and

      (c) Two members appointed by the speaker of the assembly in accordance with subsection 3.

      2.  The governor shall ensure that:

      (a) Two of the members whom he appoints to the council are parents or legal guardians of pupils who attend public schools. These members must not otherwise be affiliated with the public school system of this state.

      (b) Two of the members whom he appoints to the council are licensed educational personnel.

      (c) Insofar as practicable, the members whom he appoints to the council reflect the ethnic and geographical diversity of this state.

      3.  The majority leader of the senate and the speaker of the assembly shall each ensure that:

      (a) One of the members whom he appoints to the council is a member of the house of the legislature to which he belongs.

      (b) The other member whom he appoints to the council is a representative of a private business or industry that may be affected by actions taken by the council.

      4.  Each member of the council must be a resident of this state.

      5.  The term of each member of the council is 4 years, commencing on July 1, 1997, and expiring on June 30, 2001. The person or entity who appoints a member to the council may remove that member if the member neglects his duty or commits malfeasance in office, or for other just cause. A vacancy in the membership of the council must be filled for the remainder of the unexpired term in the same manner as the original appointment.


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

ê1997 Statutes of Nevada, Page 1780 (Chapter 473, SB 482)ê

 

      6.  The governor shall select a chairman from among the membership of the council in accordance with this subsection. The governor shall not select as chairman the president of the state board of education, or his designee, or a member of the council who is otherwise affiliated with the public school system in this state. This subsection does not preclude the governor from selecting a parent or legal guardian of a pupil as chairman if the parent or legal guardian is not otherwise affiliated with the public school system in this state. The chairman holds the position for 2 years.

      7.  For each day or portion of a day during which a member of the council who is a legislator attends a meeting of the council or is otherwise engaged in the work of the council, except during a regular or special session of the legislature, he is entitled to receive the:

      (a) Compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session;

      (b) Per diem allowance provided for state officers and employees generally; and

      (c) Travel expenses provided pursuant to NRS 218.2207.

The compensation, per diem allowances and travel expenses of the legislative members of the council must be paid from the legislative fund.

      8.  Members of the council who are not legislators serve without salary, but are entitled to receive the:

      (a) Per diem allowance provided for state officers and employees generally; and

      (b) Travel expenses provided pursuant to NRS 281.160.

      Sec. 44.  1.  The department of education shall provide:

      (a) Administrative support;

      (b) Equipment; and

      (c) Office space,

as is necessary for the council to establish academic standards for public schools, created pursuant to section 43 of this act, to carry out the provisions of this section and sections 43 and 45 of this act.

      2.  The council may request assistance from any agency of this state if such assistance is necessary for the council to carry out the provisions of this section and sections 43 and 45 of this act.

      Sec. 45.  1.  The council to establish academic standards for public schools, created pursuant to section 43 of this act, shall establish and submit to the state board of education:

      (a) On or before September 1, 1998, standards of content and performance, including, without limitation, a prescription of the resulting level of achievement, based upon the content of each course, that is expected of pupils for the following courses of study:

             (1) English, including reading, composition and writing.

             (2) Mathematics.

             (3) Science.

      (b) On or before September 1, 1999, standards of content and performance, including, without limitation, a prescription of the resulting level of achievement, based upon the content of each course, that is expected of pupils for the following courses of study:

             (1) Social studies.


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

ê1997 Statutes of Nevada, Page 1781 (Chapter 473, SB 482)ê

 

             (2) Computer education.

             (3) Health and physical education.

             (4) The arts.

      2.  The council shall submit written recommendations to the state board of education:

      (a) On or before November 1, 1998, on the type of examinations of achievement and proficiency to be administered statewide that may be used to measure the achievement of pupils in the standards of content and performance established by the council pursuant to paragraph (a) of subsection 1. The recommendations must include the grades in which the examinations should be administered.

      (b) On or before November 1, 1999, on the type of examinations of achievement and proficiency in social studies to be administered statewide that may be used to measure the achievement of pupils in the standards of content and performance established by the council pursuant to subparagraph (1) of paragraph (b) of subsection 1. The recommendations must include the grades in which the examinations should be administered.

      3.  In developing the standards and examinations pursuant to subsections 1 and 2, the council shall:

      (a) Hold at least eight meetings. The meetings must be held in at least four different counties during the period commencing August 1, 1997, and expiring July 31, 1999. At least four of these meetings must be held to hear public testimony concerning the proposed standards of content and performance and the examinations of achievement and proficiency.

      (b) Consult with licensed educational personnel in the various school districts and with other persons who have knowledge and experience concerning standards of content and performance or examinations of achievement and proficiency in education.

      (c) Review and consider any standards of content and performance and any examinations of achievement and proficiency:

             (1) Adopted by this state;

             (2) Adopted by the Commonwealth of Virginia or any other states;

             (3) Adopted by the Federal Government; or

             (4) Advocated in publications of entities, including, but not limited to, the “Standards Primer: A Resource for Accelerating the Pace of Reform,” published in 1996 by the Education Leaders Council.

      4.  The state board of education shall adopt:

      (a) On or before January 1, 1999, the standards of content and performance established by the council pursuant to paragraph (a) of subsection 1, to take effect in the 1999-2000 school year.

      (b) Examinations of achievement and proficiency to be administered statewide, commencing in the 1999-2000 school year, to measure the achievement of pupils in the standards of content and performance adopted by the state board of education pursuant to paragraph (a). In adopting the examinations, the state board shall consider the written recommendations submitted by the council pursuant to subsection 2. The examinations must be scored by a single private entity or the department of education.


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

ê1997 Statutes of Nevada, Page 1782 (Chapter 473, SB 482)ê

 

      (c) On or before January 1, 2000, the standards of content and performance established by the council pursuant to paragraph (b) of subsection 1, to take effect in the 2000-2001 school year.

      (d) Examinations of achievement and proficiency in social studies to be administered statewide, commencing in the 2000-2001 school year, to measure the achievement of pupils in social studies in the standards of content and performance adopted by the state board pursuant to paragraph (c). In adopting the examinations, the state board shall consider the written recommendations submitted by the council pursuant to subsection 2. The examinations must be scored by a single private entity or the department of education.

      5.  The state board of education shall:

      (a) On or before February 1, 1999, submit a written report to the council and to the director of the legislative counsel bureau for transmission to the 70th session of the Nevada legislature. The written report must include a description of the standards adopted by the state board of education.

      (b) On or before February 1, 2001, submit a written report to the council and to the director of the legislative counsel bureau for transmission to the 71st session of the Nevada legislature. The written report must include a description of the standards adopted by the state board of education.

      6.  In addition to the duties prescribed in subsections 1 and 2, the council shall:

      (a) As soon as practicable, but not later than April 1, 1999:

             (1) Submit to the governor, the senate standing committee on finance and the assembly standing committee on ways and means, written reports regarding the standards adopted by the state board of education pursuant to paragraph (a) of subsection 4.

             (2) Submit to the director of the legislative counsel bureau for transmission to the 70th session of the Nevada legislature any recommendations for legislation that the council deems are necessary to incorporate into the public schools the standards that it established pursuant to paragraph (a) of subsection 1.

      (b) As soon as practicable, but not later than April 1, 2001:

             (1) Submit to the governor, the senate standing committee on finance and the assembly standing committee on ways and means, written reports regarding the standards adopted by the state board of education pursuant to paragraph (c) of subsection 4.

             (2) Submit to the director of the legislative counsel bureau for transmission to the 71st session of the Nevada Legislature any recommendations for legislation that the council deems are necessary to incorporate into the public schools the standards that it established pursuant to paragraphs (a) or (b) of subsection 1.

      7.  The council shall, on or before June 30, 1999, and on or before June 30, 2001, report to the legislative committee on education, created pursuant to section 37 of this act, regarding the standards and examinations adopted by the state board of education pursuant to subsection 4.

      8.  The council shall, on or before June 30, 2001, coordinate its duties pursuant to this section with the legislative bureau of educational accountability and program evaluation, created pursuant to section 41 of this act, to enable the bureau to continue the duties of the council of evaluating and reporting after June 30, 2001.


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

ê1997 Statutes of Nevada, Page 1783 (Chapter 473, SB 482)ê

 

act, to enable the bureau to continue the duties of the council of evaluating and reporting after June 30, 2001.

      Sec. 46.  1.  On or before July 1, 1998, the commission on educational technology, created pursuant to section 27 of this act, shall:

      (a) Adopt a preliminary version of the plan for the use of educational technology in the public schools of this state in accordance with subsections 1 and 2 of section 28 of this act; and

      (b) Submit a preliminary version of the plan to the governor, the legislative committee on education, created pursuant to section 37 of this act, and the department of education in accordance with subsection 5 of section 28 of this act.

      2.  On or before January 1, 1999, the commission on educational technology, created pursuant to section 27 of this act, shall:

      (a) Adopt a final version of the plan for the use of educational technology in the public schools of this state in accordance with subsections 1 and 2 of section 28 of this act; and

      (b) Submit a final version of the plan to the governor, the legislative committee on education, created pursuant to section 37 of this act, and the department of education in accordance with subsection 5 of section 28 of this act.

      Sec. 47.  The senate majority leader shall select the chairman and vice chairman of the legislative committee on education created pursuant to section 37 of this act for the terms commencing on July 1, 1997.

      Sec. 48.  1.  On or before April 1, 1998, the legislative committee on education, created pursuant to section 37 of this act, shall recommend programs of remedial study pursuant to subsection 2 of section 39 of this act.

      2.  On or before June 1, 1998, the department of education shall adopt programs of remedial study pursuant to section 10 of this act.

      Sec. 49.  1.  The examination in science required of pupils by the amendatory provisions of NRS 389.015 must be administered commencing in the 1999-2000 school year.

      2.  The examinations required of pupils who are enrolled in the 10th grade by the amendatory provisions of NRS 389.015 must be administered commencing in the 1997-1998 school year, but may be administered at a different time for that school year than the examinations administered to pupils who are enrolled in the 4th and 8th grades.

      Sec. 50.  1.  There is hereby appropriated from the state general fund to the legislative fund created pursuant to NRS 218.085 the sum of $370,116 for use by the legislative committee on education created pursuant to section 37 of this act.

      2.  Any unencumbered balance of the appropriation made by subsection 1 does not revert to the state general fund but constitutes a balance carried forward to the succeeding fiscal year.

      Sec. 51.  1.  There is hereby appropriated from the state general fund to the legislative fund created pursuant to NRS 218.085 for use by the legislative bureau of educational accountability and program evaluation created pursuant to section 41 of this act:


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

ê1997 Statutes of Nevada, Page 1784 (Chapter 473, SB 482)ê

 

For the fiscal year 1997-1998......................................................................... $235,456

For the fiscal year 1998-1999......................................................................... $205,830

      2.  Any unencumbered balance of the appropriation made by subsection 1 does not revert to the state general fund but constitutes a balance carried forward to the succeeding fiscal year.

      Sec. 52.  1.  There is hereby appropriated from the state general fund to the department of education the sum of $14,000 for the payment of per diem allowances and travel expenses pursuant to subsection 9 of section 27 of this act.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 53.  1.  There is hereby appropriated from the state general fund to the department of education the sum of $23,950 for the payment of compensation, per diem allowances and travel expenses pursuant to subsection 8 of section 43 of this act.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 54.  1.  There is hereby appropriated from the state general fund to the department of education to pay the costs incurred by the department of education for purchasing, administering and scoring the examinations required of pupils who are enrolled in the 10th grade by the amendatory provisions of NRS 389.015:

For the fiscal year 1997-1998......................................................................... $130,000

For the fiscal year 1998-1999........................................................................... $85,000

      2.  The examinations purchased and administered by the department of education must be:

      (a) Purchased from the same vendor from whom the 4th and 8th grade examinations are purchased; and

      (b) The version of the examination that is administered to pupils in the 4th and 8th grades which is appropriate for administration in the 10th grade.

      3.  The sums appropriated by subsection 1 are available for either fiscal year. Any balance remaining of those sums must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon all payments of money committed have been made.

      Sec. 55.  1.  There is hereby appropriated from the state general fund to the department of education for the fiscal year 1998-1999 the sum of $271,500 to pay the costs incurred by the department of education for developing, writing and printing the examinations required of pupils pursuant to paragraph (b) of subsection 4 of section 45 of this act.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon all payments of money committed have been made.


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

ê1997 Statutes of Nevada, Page 1785 (Chapter 473, SB 482)ê

 

      Sec. 56.  1.  There is hereby appropriated from the state general fund to the department of education for the fiscal year 1998-1999 the sum of $70,000 to pay the costs incurred by the department of education for developing, writing, printing and administering in the 1998-1999 school year the examinations in writing skills required of pupils in the 4th grade in addition to the examinations required of those pupils pursuant to NRS 389.015.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon all payments of money committed have been made.

      Sec. 57.  1.  There is hereby appropriated from the state general fund to the department of education for the fiscal year 1998-1999 the sum of $87,000 to pay the costs incurred by the department of education for developing, writing and printing the examinations in science required of pupils who are enrolled in the 11th grade by the amendatory provisions of NRS 389.015.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon all payments of money committed have been made.

      Sec. 58.  1.  There is hereby appropriated from the state general fund to the department of education the sum of $30,000 to pay the costs incurred by the department of education in administering and reporting the results of the examinations required by section 29 of this act.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 59.  1.  There is hereby appropriated from the state general fund to the department of education for the fiscal year 1998-1999 the sum of $82,100 to pay the salary, travel expenses, administrative and equipment expenses of an employee responsible for carrying out, administering, monitoring and evaluating the effectiveness of programs of remediation adopted by the department of education pursuant to section 10 of this act.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 60.  1.  There is hereby appropriated from the state general fund to the department of education the sum of $3,000,000 for the fiscal year 1998-1999, to be distributed among the schools that have been designated as demonstrating inadequate achievement pursuant to section 7 of this act. A school that receives such a designation shall submit to the department of education, for transmission to the state board of examiners, a request for an allocation from the appropriation. The state board of examiners shall consider the request and, if it finds that an allocation should be made, recommend the amount of the allocation to the interim finance committee for independent evaluation and action. The interim finance committee is not bound to follow the recommendation of the state board of examiners.


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

ê1997 Statutes of Nevada, Page 1786 (Chapter 473, SB 482)ê

 

bound to follow the recommendation of the state board of examiners. In determining the amount of the allocation, the state board of examiners and the interim finance committee shall consider:

      (a) The total number of pupils who are enrolled in the school who failed to demonstrate at least adequate achievement on the examination administered pursuant to NRS 389.015; and

      (b) The need of the school.

      2.  A school that receives money pursuant to subsection 1 shall:

      (a) Use the money to pay the costs incurred by the school in providing the program of remedial study required by section 10 of this act. The money must first be applied to those pupils who the school determines are performing at a level which poses the highest risk of failure.

      (b) Use the money to pay for the salaries, training or other compensation of teachers and other educational personnel to provide the program of remedial study, instructional materials required for the course of remedial study, equipment necessary to offer the program of remedial study and any other additional operating costs attributable to the program of remedial study.

      (c) Use the money to supplement and not replace the money the school would otherwise expend for programs of remedial study.

      (d) Account for the money separately.

      3.  A school that receives money pursuant to subsection 1 shall not use the money to:

      (a) Settle or arbitrate disputes or negotiate settlements between an organization that represents licensed employees of the school district and the school district.

      (b) Adjust the schedules of salaries and benefits of the employees of the school district.

      4.  The appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 61.  1.  There is hereby appropriated from the state general fund to the department of education the sum of $27,500,000 for allocation by the commission on educational technology created pursuant to section 27 of this act to the school districts and public libraries of this state and the youth training center in Elko and the Caliente youth center. Not more than $400,000 may be distributed to the public libraries. The commission on educational technology shall allocate the money for the purchase and installation of hardware, software and electrical wiring for computer laboratories, upgrading computer software, purchasing additional computers for instructional purposes in classrooms and purchasing other technology for use in enhancing teaching or learning in a school or classroom. The commission on educational technology shall determine the amount of money that must be distributed to school districts based upon the needs of each school district and the wealth of the school district relative to the other school districts in this state.

      2.  There is hereby appropriated from the state general fund to the department of education to be distributed among the various school districts in this state for the repair, maintenance and replacement of computer hardware, upgrading computer software, contracting for technical support and providing training for teachers on the use of educational technology to improve classroom instruction:

 


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

ê1997 Statutes of Nevada, Page 1787 (Chapter 473, SB 482)ê

 

hardware, upgrading computer software, contracting for technical support and providing training for teachers on the use of educational technology to improve classroom instruction:

For the fiscal year 1997-1998...................................................................... $3,700,000

For the fiscal year 1998-1999...................................................................... $4,900,000

      3.  To receive money pursuant to subsection 1 or 2, a school district must:

      (a) Complete forms provided by the superintendent of public instruction;

      (b) Submit a written request to the commission on educational technology that identifies the schools within the school district that need educational technology and the financial needs of those schools to obtain the educational technology;

      (c) Submit a plan to the commission on educational technology for the use of educational technology to improve the instruction and academic achievement of pupils, including, without limitation, a plan to evaluate the effectiveness of the use of educational technology; and

      (d) Provide any additional information requested by the commission.

      4.  To receive a grant of money pursuant to subsection 1, the Nevada youth training center in Elko and the Caliente youth center must submit an application to the commission on educational technology that describes the needs of the center for educational technology and the proposed use of the money for educational technology. The center must provide any additional information requested by the commission.

      5.  To receive a grant of money pursuant to subsection 1, a public library must submit an application to the commission on educational technology that describes the need of the library for educational technology and the proposed use of the money for educational technology. The library shall provide any additional information requested by the commission.

      6.  A school district that receives money pursuant to this section shall:

      (a) Account for the money separately.

      (b) Use the money to supplement and not replace the money that the school district would otherwise expend for educational technology.

      7.  A school district that receives money pursuant to this section shall not use the money to:

      (a) Settle or arbitrate disputes or negotiate settlements between an organization that represents licensed employees of the school district and the school district.

      (b) Adjust the schedules of salaries and benefits of the employees of the school district.

      8.  Each school district that receives money pursuant to this section shall provide to the commission on educational technology and the department of education, on or before January 1, 1999, a written report in the format required by the department of education. The report must include a statement of the amount of money distributed to the school district pursuant to this section, a record of the manner in which the money was expended, the purpose of each such expenditure and any other expenditures for similar purposes from other money available to the school district.

      9.  The department of education shall, on or before February 1, 1999, submit a written summary to the governor, the commission on educational technology and the director of the legislative counsel bureau for transmission to the 70th session of the Nevada legislature which contains:

 


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

ê1997 Statutes of Nevada, Page 1788 (Chapter 473, SB 482)ê

 

technology and the director of the legislative counsel bureau for transmission to the 70th session of the Nevada legislature which contains:

      (a) The name of each school district that received money; and

      (b) A compilation of the reports submitted to the department of education pursuant to subsection 8.

      10.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

      11.  The sums appropriated by subsection 2 are available for either fiscal year. Any balance remaining of those sums must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 62.  1.  There is hereby appropriated from the state general fund to the department of education to pay the salaries, travel, administrative and equipment expenses of one professional employee and one clerical employee responsible for carrying out, administering, monitoring and evaluating the effectiveness of programs of educational technology pursuant to section 61 of this act:

For the fiscal year 1997-1998........................................................................... $81,150

For the fiscal year 1998-1999........................................................................... $84,500

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 63.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 64.  1.  This section and section 63 of this act become effective upon passage and approval.

      2.  Section 27 of this act becomes effective upon passage and approval for purposes of appointing members to the commission on educational technology, created pursuant to section 27 of this act, and on July 1, 1997, for all other purposes.

      3.  Section 37 of this act becomes effective upon passage and approval for purposes of appointing members to the legislative committee on education, created pursuant to section 37 of this act, and on July 1, 1997, for all other purposes.

      4.  Section 43 of this act becomes effective upon passage and approval for purposes of appointing members to the council to establish academic standards for public schools, created pursuant to section 43 of this act, and on July 1, 1997, for all other purposes, and expires by limitation on June 30, 2001.

      5.  Sections 20 to 26, inclusive, 28 to 36, inclusive, 38 to 42, inclusive, and 46 to 62, inclusive, of this act become effective on July 1, 1997.

 

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