[Rev. 2/6/2019 4:09:07 PM]
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κ2003 Statutes of Nevada, Page 827κ
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Assembly Bill No. 25Committee on Health and Human Services
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CHAPTER 155
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AN ACT relating to children; authorizing an employee of an agency which provides child welfare services to provide maintenance and special services to certain children under certain circumstances; and providing other matters properly relating thereto.
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[Approved: May 22, 2003]
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Sectionβ1.ββNRS 432.030 is hereby amended to read as follows:
432.030ββ[No]
1.ββExcept as otherwise provided in subsection 2, an employee of an agency which provides child welfare services may , if otherwise qualified, provide maintenance and special services [for any child except as otherwise provided by specific statute or:
1.ββUpon the request of a child whom the agency which provides child welfare services determines to be emancipated;
2.] to any child other than a child who:
(a)βIs included as a client in the caseload of the employee at the time of the provision of the maintenance or special services; or
(b)βHas been included as a client in the caseload of the employee within the 3 years immediately preceding the provision of the maintenance or special services.
2.ββAn employee of an agency which provides child welfare services may provide maintenance and special services to any child:
(a)βPursuant to court order or request; or
[3.] (b)βUpon referral of appropriate law enforcement officials for emergency care.
Sec.β2.ββThis act becomes effective on July 1, 2003.
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κ2003 Statutes of Nevada, Page 828κ
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Assembly Bill No. 51Assemblymen Koivisto, Gibbons, McClain, Parks, Anderson, Atkinson, Buckley, Chowning, Claborn, Collins, Conklin, Goldwater, Horne, Leslie, Manendo, McCleary, Ohrenschall, Sherer and Williams
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CHAPTER 156
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AN ACT relating to public health; prohibiting a person, under certain circumstances, from requesting or requiring the consent or concurrence of any person to carry out an anatomical gift made by the donor; and providing other matters properly relating thereto.
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[Approved: May 22, 2003]
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Sectionβ1.ββNRS 451.523 is hereby amended to read as follows:
451.523ββDocument of gift means a card, [a statement imprinted on a drivers license or identification card, a will,] statement, will or other writing used to make an anatomical gift.
Sec.β2.ββNRS 451.555 is hereby amended to read as follows:
451.555ββ1.ββAny person may:
(a)βMake an anatomical gift for any of the purposes stated in subsection 1 of NRS 451.560;
(b)βLimit an anatomical gift to one or more of those purposes; or
(c)βRefuse to make an anatomical gift.
2.ββExcept as otherwise provided in this subsection and subsection 3, an anatomical gift may be made only by a document of gift signed by the donor. If the donor:
(a)βCannot sign, the document of gift must be signed by another person and by two witnesses, all of whom have signed at the direction and in the presence of the donor and of each other and state that it has been so signed.
(b)βIs less than 18 years of age, the document of gift must also be signed by two witnesses, one of whom is a parent or guardian of the donor and consents to the donation, at the direction and in the presence of the donor and of each other and state that it has been so signed.
3.ββ[If] Except as otherwise provided in subsection 4, if the donor is less than 12 years of age, the document of gift must be signed by a parent or guardian of the donor, on behalf of the donor, and two witnesses at the direction and in the presence of the parent or guardian and of each other and state that it has been so signed. The document is not required to be signed by the donor.
4.ββ[If] A symbol or other indication that a document of gift [is] has been executed by or on behalf of a donor may be imprinted on [a] the donors drivers license or identification card [,] if the document of gift [must comply] complies with subsection 2. Revocation, suspension, expiration or cancellation of the license or card does not invalidate the anatomical gift.
5.ββA document of gift may authorize a particular physician to carry out the appropriate procedures. In the absence of such authorization or if the designated physician is not available, the donee or other person authorized to accept the anatomical gift may employ or authorize any physician, technician or enucleator to carry out the appropriate procedures.
κ2003 Statutes of Nevada, Page 829 (CHAPTER 156, AB 51)κ
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accept the anatomical gift may employ or authorize any physician, technician or enucleator to carry out the appropriate procedures.
6.ββAn anatomical gift by will takes effect upon the death of the testator, whether or not the will is probated. If, after death, the will is declared invalid for testamentary purposes, the validity of the anatomical gift is unaffected.
7.ββExcept as otherwise provided in subsections 8 and 9, a donor may amend or revoke an anatomical gift, not made by will, only by:
(a)βA signed statement;
(b)βAn oral statement made in the presence of two persons;
(c)βAny form of communication during a terminal illness or injury addressed to a physician; or
(d)βThe delivery of a signed statement to a specified donee to whom a document of gift had been delivered.
8.ββExcept as otherwise provided in subsection 9, a donor who is less than 18 years of age may, with the consent of his parent or guardian, amend or revoke an anatomical gift, not made by will, by:
(a)βA signed statement;
(b)βAn oral statement made in the presence of two persons;
(c)βAny form of communication during a terminal illness or injury addressed to a physician; or
(d)βThe delivery of a signed statement to a specified donee to whom a document of gift had been delivered.
9.ββA donor who is less than 12 years of age may not amend or revoke an anatomical gift. The parent or guardian who made the gift on behalf of the donor may amend or revoke an anatomical gift, not made by will, only by:
(a)βA signed statement;
(b)βAn oral statement made in the presence of two persons;
(c)βAny form of communication during a terminal illness or injury addressed to a physician; or
(d)βThe delivery of a signed statement to a specified donee to whom a document of gift had been delivered.
10.ββThe donor of an anatomical gift made by will may amend or revoke the gift in the manner provided for amendment or revocation of wills in chapter 133 of NRS or as provided in subsection 7, 8 or 9.
11.ββAn anatomical gift that is not revoked by the donor before death is irrevocable . [and does not require the consent or concurrence of any person after the donors death.] The intent of a donor to make an anatomical gift, as evidenced by a document of gift, may not be revoked by any member of the classes of persons set forth in subsection 1 of NRS 451.557.
12.ββAn anatomical gift that is not revoked by the donor before death does not require the consent or concurrence of any person after the donors death. A hospital, physician, coroner, local health officer, enucleator, technician or other person who:
(a)βIs aware that a symbol or other indication that a document of gift has been executed by or on behalf of a donor is imprinted on the donors drivers license or identification card; or
(b)βActs in accordance with the provisions of NRS 451.500 to 451.590, inclusive, or with any other laws of the State of Nevada relating to anatomical gifts,
shall not request or require the consent or concurrence of any person after the donors death to carry out the anatomical gift.
κ2003 Statutes of Nevada, Page 830 (CHAPTER 156, AB 51)κ
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13.ββA person may refuse to make an anatomical gift of his body or part by:
(a)βA writing signed in the same manner as a document of gift;
(b)βA statement imprinted on his drivers license or identification card; or
(c)βAny other writing used to identify him as refusing to make an anatomical gift.
During a terminal illness or injury, the refusal may be an oral statement or other form of communication.
[13.] 14.ββIn the absence of contrary indications by the donor, an anatomical gift of a part is neither a refusal to give other parts nor a limitation on an anatomical gift under NRS 451.557.
[14.] 15.ββIn the absence of contrary indications by the donor, a revocation or amendment of an anatomical gift is not a refusal to make another anatomical gift. If the donor intends a revocation to be a refusal to make an anatomical gift, he shall make the refusal pursuant to subsection [12.] 13.
Sec.β3.ββNRS 483.340 is hereby amended to read as follows:
483.340ββ1.ββThe Department shall, upon payment of the required fee, issue to every qualified applicant a drivers license indicating the type or class of vehicles the licensee may drive. The license must bear a unique number assigned to the licensee pursuant to NRS 483.345, the licensees social security number, if he has one, unless he requests that it not appear on the license, the full name, date of birth, mailing address and a brief description of the licensee, and a space upon which the licensee shall write his usual signature in ink immediately upon receipt of the license. A license is not valid until it has been so signed by the licensee.
2.ββThe Department may issue a drivers license for purposes of identification only for use by officers of local police and sheriffs departments, agents of the Investigation Division of the Department of Public Safety while engaged in special undercover investigations relating to narcotics or prostitution or for other undercover investigations requiring the establishment of a fictitious identity, federal agents while engaged in undercover investigations, investigators employed by the Attorney General while engaged in undercover investigations and agents of the State Gaming Control Board while engaged in investigations pursuant to NRS 463.140. An application for such a license must be made through the head of the police or sheriffs department, the Chief of the Investigation Division of the Department of Public Safety, the director of the appropriate federal agency, the Attorney General or the Chairman of the State Gaming Control Board. Such a license is exempt from the fees required by NRS 483.410. The Department, by regulation, shall provide for the cancellation of any such drivers license upon the completion of the special investigation for which it was issued.
3.ββInformation pertaining to the issuance of a drivers license pursuant to subsection 2 is confidential.
4.ββIt is unlawful for any person to use a drivers license issued pursuant to subsection 2 for any purpose other than the special investigation for which it was issued.
5.ββAt the time of the issuance or renewal of the drivers license, the Department shall:
κ2003 Statutes of Nevada, Page 831 (CHAPTER 156, AB 51)κ
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(a)βGive the holder the opportunity to [indicate] have indicated on his drivers license that he wishes to be a donor of all or part of his body pursuant to NRS 451.500 to 451.590, inclusive, or [that he refuses] to refuse to make an anatomical gift of his body or part of his body;
(b)βGive the holder the opportunity to indicate whether he wishes to donate $1 or more to the Anatomical Gift Account created by NRS 460.150; and
(c)βProvide to each holder who is interested in becoming a donor information relating to anatomical gifts, including the procedure for registration as a donor with The Living Bank International or its successor organization.
6.ββIf the holder wishes to make a donation to the Anatomical Gift Account, the Department shall collect the donation and deposit the money collected in the State Treasury for credit to the Anatomical Gift Account.
7.ββThe Department shall submit to The Living Bank International, or its successor organization, information from the records of the Department relating to persons who have drivers licenses that indicate the intention of those persons to make an anatomical gift. The Department shall adopt regulations to carry out the provisions of this subsection.
Sec.β4.ββNRS 483.840 is hereby amended to read as follows:
483.840ββ1.ββThe form of the identification cards must be similar to that of drivers licenses but distinguishable in color or otherwise.
2.ββIdentification cards do not authorize the operation of any motor vehicles.
3.ββIdentification cards must include the following information concerning the holder:
(a)βThe name and sample signature of the holder.
(b)βA unique identification number assigned to the holder that is not based on the holders social security number.
(c)βA personal description of the holder.
(d)βThe date of birth of the holder.
(e)βThe current address of the holder in this state.
(f )βA colored photograph of the holder.
4.ββThe information required to be included on the identification card pursuant to subsection 3 must be placed on the card in the manner specified in subsection 1 of NRS 483.347.
5.ββAt the time of the issuance of the identification card, the Department shall:
(a)βGive the holder the opportunity to [indicate] have indicated on his identification card that he wishes to be a donor of all or part of his body pursuant to NRS 451.500 to 451.590, inclusive, or [that he refuses] to refuse to make an anatomical gift of his body or part of his body;
(b)βGive the holder the opportunity to indicate whether he wishes to donate $1 or more to the Anatomical Gift Account created by NRS 460.150; and
(c)βProvide to each holder who is interested in becoming a donor information relating to anatomical gifts, including the procedure for registration as a donor with The Living Bank International or its successor organization.
6.ββIf the holder wishes to make a donation to the Anatomical Gift Account, the Department shall collect the donation and deposit the money collected in the State Treasury for credit to the Anatomical Gift Account.
κ2003 Statutes of Nevada, Page 832 (CHAPTER 156, AB 51)κ
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7.ββThe Department shall submit to The Living Bank International, or its successor organization, information from the records of the Department relating to persons who have identification cards issued by the Department that indicate the intention of those persons to make an anatomical gift. The Department shall adopt regulations to carry out the provisions of this subsection.
8.ββAs used in this section, photograph has the meaning ascribed to it in NRS 483.125.
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Assembly Bill No. 35Committee on Elections, Procedures, and Ethics
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CHAPTER 157
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AN ACT relating to the State Legislature; changing the membership of the Advisory Committee of the Legislative Committee for Local Government Taxes and Finance; revising the duties of the Legislative Committee; eliminating the subcommittee of the Legislative Committee appointed to conduct a study of the cost to the counties and incorporated cities in this state of maintaining highways, streets and roads; and providing other matters properly relating thereto.
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[Approved: May 22, 2003]
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Sectionβ1.ββNRS 218.53881 is hereby amended to read as follows:
218.53881ββ1.ββThere is hereby established a Legislative Committee for Local Government Taxes and Finance consisting of:
(a)βTwo members appointed by the Majority Leader of the Senate from the membership of the Senate Standing Committee on Government Affairs during the immediately preceding session of the Legislature;
(b)βTwo members appointed by the Majority Leader of the Senate from the membership of the Senate Standing Committee on Taxation during the immediately preceding session of the Legislature;
(c)βTwo members appointed by the Speaker of the Assembly from the membership of the Assembly Standing Committee on Government Affairs during the immediately preceding session of the Legislature; and
(d)βTwo members appointed by the Speaker of the Assembly from the membership of the Assembly Standing Committee on Taxation during the immediately preceding session of the Legislature.
2.ββThe Committee shall consult with an Advisory Committee consisting of the Executive Director of the Department of Taxation and 10 members who are representative of various geographical areas of the State and are appointed for terms of 2 years commencing on July 1 of each odd-numbered year as follows:
(a)βOne member of the Committee on Local Government Finance created pursuant to NRS 354.105 appointed by the Nevada League of Cities;
κ2003 Statutes of Nevada, Page 833 (CHAPTER 157, AB 35)κ
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(b)βOne member of the Committee on Local Government Finance created pursuant to NRS 354.105 appointed by the Nevada Association of Counties;
(c)βOne member of the Committee on Local Government Finance created pursuant to NRS 354.105 appointed by the Nevada School Trustees Association;
(d)βThree members involved in the government of a county appointed by the Nevada Association of Counties;
(e)βThree members involved in the government of an incorporated city appointed by the Nevada League of Cities; and
(f)βOne member who [is a member of] represents a board of trustees for a general improvement district appointed by the Legislative Commission.
The members of the Advisory Committee are nonvoting members of the Committee. When meeting as the Advisory Committee, the members shall comply with the provisions of chapter 241 of NRS.
3.ββThe legislative members of the Committee shall elect a Chairman from one house of the Legislature and a Vice Chairman from the other house. Each Chairman and Vice Chairman holds office for a term of 2 years commencing on July 1 of each odd-numbered year.
4.ββAny member of the Committee who is not a candidate for reelection or who is defeated for reelection continues to serve until the next session of the Legislature convenes.
5.ββVacancies on the Committee must be filled in the same manner as original appointments.
6.ββThe Committee shall report annually to the Legislative Commission concerning its activities and any recommendations.
Sec.β2.ββNRS 218.53883 is hereby amended to read as follows:
218.53883ββ1.ββThe Committee shall [:
(a)βReview] review the laws relating to the distribution of revenue generated by state and local taxes. In conducting the review, the Committee may consider the purposes for which the various state and local taxes were imposed, the actual use of the revenue collected from the various state and local taxes and any relief to the taxpayers from the burden of the various state and local taxes that may result from any possible recommendations of the Committee.
[(b)βStudy whether removing the authority of the Board of County Commissioners of Washoe County to impose a certain additional governmental services tax is a prudent act which is in the best interests of this state.]
2.ββIn conducting its review of the laws relating to the distribution of revenue generated by state and local taxes, the Committee may review:
(a)βThe distribution of the revenue from:
(1)βThe local school support tax imposed by chapter 374 of NRS;
(2)βThe tax on aviation fuel and motor vehicle fuel imposed by or pursuant to chapter 365 of NRS;
(3)βThe tax on intoxicating liquor imposed by chapter 369 of NRS;
(4)βThe tax on fuel imposed pursuant to chapter 373 of NRS;
(5)βThe tax on tobacco imposed by chapter 370 of NRS;
(6)βThe governmental services tax imposed by or pursuant to chapter 371 of NRS;
κ2003 Statutes of Nevada, Page 834 (CHAPTER 157, AB 35)κ
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(7)βThe tax imposed on gaming licensees by or pursuant to chapter 463 of NRS;
(8)βProperty taxes imposed pursuant to chapter 361 of NRS;
(9)βThe tax on the transfer of real property imposed by or pursuant to chapter 375 of NRS; and
(10)βAny other state or local tax.
(b)βThe proper crediting of gasoline tax revenue if the collection is moved to the terminal rack level.
3.ββThe Committee may:
(a)βConduct investigations and hold hearings in connection with its review and study;
(b)β[Contract with one or more consultants to obtain technical advice concerning the study conducted pursuant to NRS 218.53884;
(c)]βApply for any available grants and accept any gifts, grants or donations and use any such gifts, grants or donations to aid the Committee in carrying out its duties pursuant to this chapter;
[(d)] (c)βDirect the Legislative Counsel Bureau to assist in its research, investigations, review and study; and
[(e)] (d)βRecommend to the Legislature, as a result of its review and study, any appropriate legislation.
Sec.β3.ββNRS 365.550 is hereby amended to read as follows:
365.550ββ1.ββThe receipts of the tax levied pursuant to NRS 365.180 must be allocated monthly by the Department to the counties using the following formula:
(a)βDetermine the average monthly amount each county received in the fiscal year ending on June 30, 2001, and allocate to each county that amount, or if the total amount to be allocated is less than that amount, allocate to each county a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county in the fiscal year ending on June 30, 2001;
(b)βDetermine for each county an amount from the total amount to be allocated using the following formula:
(1)βTwo-thirds in proportion to population; and
(2)βOne-third in proportion to road mileage and street mileage of improved roads or streets maintained by the county or an incorporated city located within the county,
and compare that amount to the amount allocated to the county pursuant to paragraph (a);
(c)βIdentify each county for which the amount determined pursuant to paragraph (b) is greater than the amount allocated to the county pursuant to paragraph (a); and
(d)βAllocate to any county which is identified pursuant to paragraph (c), using the formula set forth in paragraph (b), any amount from the tax levied pursuant to NRS 365.180 that remains after the allocation required pursuant to paragraph (a).
2.ββWithin 10 calendar days after June 1 of each fiscal year, the Department shall:
(a)βProject the total amount that each county will be allocated pursuant to subsection 1 for the current fiscal year.
(b)βIf the total amount allocated to all the counties will not exceed the total amount that was received by all the counties for the fiscal year ending on June 30, 2001, adjust the final monthly allocation to be made to each county so that each county is allocated a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county in the fiscal year ending on June 30, 2001.
κ2003 Statutes of Nevada, Page 835 (CHAPTER 157, AB 35)κ
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county so that each county is allocated a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county in the fiscal year ending on June 30, 2001.
(c)βIf a county receives an allocation pursuant to paragraph (d) of subsection 1, determine whether the total monthly allocations projected to be made to that county pursuant to subsection 1 for the current fiscal year exceed the total amount the county received in the fiscal year ending on June 30, 2001. If the total monthly allocations projected to be made to the county do not exceed the total amount the county received in the fiscal year ending on June 30, 2001, the Department shall adjust the final monthly allocation to be made to the county for the current fiscal year so that the total amount allocated to the county for the current fiscal year equals the total amount the county received in the fiscal year ending on June 30, 2001.
3.ββOf the money allocated to each county pursuant to the provisions of subsections 1 and 2:
(a)βAn amount equal to that part of the allocation which represents 1.25 cents of the tax per gallon must be used exclusively for the service and redemption of revenue bonds issued pursuant to chapter 373 of NRS, for the construction, maintenance and repair of county roads, and for the purchase of equipment for that construction, maintenance and repair, under the direction of the boards of county commissioners of the several counties, and must not be used to defray expenses of administration; and
(b)βAn amount equal to that part of the allocation which represents 2.35 cents of the tax per gallon must be allocated to the county, if there are no incorporated cities in the county, or to the county and any incorporated cities in the county, if there is at least one incorporated city in the county, pursuant to the following formula:
(1)βOne-fourth in proportion to total area.
(2)βOne-fourth in proportion to population.
(3)βOne-fourth in proportion to road mileage and street mileage of nonfederal aid primary roads.
(4)βOne-fourth in proportion to vehicle miles of travel on nonfederal aid primary roads.
For the purpose of applying the formula, the area of the county excludes the area included in any incorporated city.
4.ββThe amount allocated to the counties and incorporated cities pursuant to subsections 1, 2 and 3 must be remitted monthly. The State Controller shall draw his warrants payable to the county treasurer of each of the several counties and the city treasurer of each of the several incorporated cities, as applicable, and the State Treasurer shall pay the warrants out of the proceeds of the tax levied pursuant to NRS 365.180.
5.ββThe formula computations must be made as of July 1 of each year by the Department, based on estimates which must be furnished by the Department of Transportation and, if applicable, any adjustments to the estimates determined to be appropriate by the Committee pursuant to subsection 9. Except as otherwise provided in subsection 9, the determination made by the Department is conclusive.
6.ββThe Department of Transportation shall complete:
(a)βThe estimates of the total mileage of improved roads or streets maintained by each county and incorporated city on or before August 31 of each year.
κ2003 Statutes of Nevada, Page 836 (CHAPTER 157, AB 35)κ
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(b)βA physical audit of the information submitted by each county and incorporated city pursuant to subsection 7 at least once every 10 years.
7.ββEach county and incorporated city shall, not later than March 1 of each year, submit a list to the Department of Transportation setting forth:
(a)βEach improved road or street that is maintained by the county or city; and
(b)βThe beginning and ending points and the total mileage of each of those improved roads or streets.
Each county and incorporated city shall, at least 10 days before the list is submitted to the Department of Transportation, hold a public hearing to identify and determine the improved roads and streets maintained by the county or city.
8.ββIf a county or incorporated city does not agree with the estimates prepared by the Department of Transportation pursuant to subsection 6, the county or incorporated city may request that the [subcommittee] Advisory Committee examine the estimates and recommend an adjustment to the estimates. Such a request must be submitted to the [subcommittee] Advisory Committee not later than October 15.
9.ββThe [subcommittee] Advisory Committee shall review any request it receives pursuant to subsection 8 and report to the Committee its findings and any recommendations for an adjustment to the estimates it determines is appropriate. The Committee shall hold a public hearing and determine whether an adjustment to the estimates is appropriate on or before December 31 of the year it receives a request pursuant to subsection 8. Any determination made by the Committee pursuant to this subsection is conclusive.
10.ββThe [subcommittee] Advisory Committee shall monitor the fiscal impact of the formula set forth in this section on counties and incorporated cities and report regularly to the Committee concerning its findings and recommendations regarding that fiscal impact.
11.ββAs used in this section:
(a)βAdvisory Committee means the Advisory Committee appointed pursuant to NRS 218.53881.
(b)βCommittee means the Legislative Committee for Local Government Taxes and Finance established pursuant to NRS 218.53881.
[(b)] (c)βConstruction, maintenance and repair includes the acquisition, operation or use of any material, equipment or facility that is used exclusively for the construction, maintenance or repair of a county or city road and is necessary for the safe and efficient use of that road, including, without limitation:
(1)βGrades and regrades;
(2)βGraveling, oiling, surfacing, macadamizing and paving;
(3)βSweeping, cleaning and sanding roads and removing snow from a road;
(4)βCrosswalks and sidewalks;
(5)βCulverts, catch basins, drains, sewers and manholes;
(6)βInlets and outlets;
(7)βRetaining walls, bridges, overpasses, underpasses, tunnels and approaches;
(8)βArtificial lights and lighting equipment, parkways, control of vegetation and sprinkling facilities;
(9)βRights-of-way;
κ2003 Statutes of Nevada, Page 837 (CHAPTER 157, AB 35)κ
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(10)βGrade and traffic separators;
(11)βFences, cattle guards and other devices to control access to a county or city road;
(12)βSigns and devices for the control of traffic; and
(13)βFacilities for personnel and the storage of equipment used to construct, maintain or repair a county or city road.
[(c)] (d)βImproved road or street means a road or street that is, at least:
(1)βAligned and graded to allow reasonably convenient use by a motor vehicle; and
(2)βDrained sufficiently by a longitudinal and transverse drainage system to prevent serious impairment of the road or street by surface water.
[(d)βSubcommittee means the subcommittee appointed pursuant to NRS 218.53884.]
Sec.β4.ββNRS 218.53884 is hereby repealed.
Sec.β5.ββ1.ββThis act becomes effective on July 1, 2003.
2.ββSection 3 of this act expires by limitation on June 30, 2005.
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Assembly Bill No. 92Committee on Judiciary
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CHAPTER 158
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AN ACT relating to secured transactions; revising provisions of the Uniform Commercial Code governing the filing of certain records; revising certain fees related to certain security instruments and liens; authorizing the Secretary of State to prescribe a form for the filing and recording of certain documents; and providing other matters properly relating thereto.
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[Approved: May 22, 2003]
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Sectionβ1.ββNRS 104.9516 is hereby amended to read as follows:
104.9516ββ1.ββExcept as otherwise provided in subsection 2, communication of a record to a filing office and tender of the filing fee or acceptance of the record by the filing office constitutes filing.
2.ββFiling does not occur with respect to a record that a filing office refuses to accept because:
(a)βThe record is not communicated by a method or medium of communication authorized by the filing office;
(b)βAn amount equal to or greater than the applicable filing fee is not tendered;
(c)βThe filing office is unable to index the record because:
(1)βIn the case of an initial financing statement, the record does not provide a name for the debtor;
(2)βIn the case of an amendment or correction statement, the record:
(I)βDoes not identify the initial financing statement as required by NRS 104.9512 or 104.9518, as applicable; or
(II)βIdentifies an initial financing statement whose effectiveness has lapsed under NRS 104.9515;
κ2003 Statutes of Nevada, Page 838 (CHAPTER 158, AB 92)κ
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(3)βIn the case of an initial financing statement that provides the name of a debtor identified as a natural person or an amendment that provides a name of a debtor identified as a natural person which was not previously provided in the financing statement to which the record relates, the record does not identify the debtors last name; or
(4)βIn the case of a record filed or recorded in the filing office described in paragraph (a) of subsection 1 of NRS 104.9501, the record does not provide a sufficient description of the real property to which it relates;
(d)βIn the case of an initial financing statement or an amendment that adds a secured party of record, the record does not provide a name and mailing address for the secured party of record;
(e)βIn the case of an initial financing statement or an amendment that provides a name of a debtor which was not previously provided in the financing statement to which the amendment relates, the record does not:
(1)βProvide a mailing address for the debtor;
(2)βIndicate whether the debtor is a natural person or an organization; or
(3)βIf the financing statement indicates that the debtor is an organization, provide:
(I)βA type of organization for the debtor;
(II)βA jurisdiction of organization for the debtor; or
(III)βAn organizational identification number for the debtor or indicate that the debtor has none;
(f)βIn the case of an assignment reflected in an initial financing statement under subsection 1 of NRS 104.9514 or an amendment filed under subsection 2 of that section, the record does not provide a name and mailing address for the assignee; or
(g)βIn the case of a continuation statement, the record is not filed within the 6-month period prescribed by subsection 4 of NRS 104.9515.
(h)βThe record lists a public official of a governmental unit as a debtor and the public official has not authorized the filing of the information in an authenticated record as required pursuant to NRS 104.9509.
3.ββFor purposes of subsection 2:
(a)βA record does not provide information if the filing office is unable to read or decipher the information; and
(b)βA record that does not indicate that it is an amendment or identify an initial financing statement to which it relates, as required by NRS 104.9512, 104.9514 or 104.9518, is an initial financing statement.
4.ββA record that is communicated to the filing office with tender of the filing fee, but which the filing office refuses to accept for a reason other than one set forth in subsection 2, is effective as a filed record except as against a purchaser of the collateral which gives value in reasonable reliance upon the absence of the record from the files.
Sec.β2.ββNRS 104.9521 is hereby amended to read as follows:
104.9521ββ1.ββA filing office that accepts written records may not refuse to accept a written initial financing statement [in the following] submitted on a form prescribed and made available by the Secretary of State, except for a reason set forth in subsection 2 of NRS 104.9516 . [:UCC FINANCING STATEMENT
κ2003 Statutes of Nevada, Page 839 (CHAPTER 158, AB 92)κ
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UCC FINANCING
STATEMENT
FOLLOW
INSTRUCTIONS (front and back) CAREFULLY
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1.ββDEBTORS EXACT FULL LEGAL NAME - insert only one debtor name (1a or 1b)
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2.ββADDITIONAL DEBTORS EXACT FULL LEGAL NAME - insert
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3.ββSECURED PARTYS NAME (or NAME of TOTAL ASSIGNEE of
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NATIONAL UCC FINANCING STATEMENT (FORM UCC1)
(REV. 07/29/98)
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κ2003 Statutes of Nevada, Page 840 (CHAPTER 158, AB 92)κ
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NATIONAL UCC FINANCING STATEMENT (FORM
UCC1Ad) (REV. 07/29/98)]
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2.ββA filing office that accepts written records may not refuse to accept a written record [in the following] submitted on a form prescribed and made available by the Secretary of State, except for a reason set forth in subsection 2 of NRS 104.9516 . [:UCC FINANCING STATEMENT AMENDMENT
κ2003 Statutes of Nevada, Page 841 (CHAPTER 158, AB 92)κ
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UCC FINANCING STATEMENT AMENDMENT
FOLLOW INSTRUCTIONS (front and back) CAREFULLY
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NATIONAL UCC FINANCING STATEMENT AMENDMENT
(FORM UCC3) (REV. 07/29/98)
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κ2003 Statutes of Nevada, Page 842 (CHAPTER 158, AB 92)κ
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NATIONAL UCC FINANCING STATEMENT AMENDMENT
ADDENDUM (FORM UCC3Ad) (REV. 07/29/98)
κ2003 Statutes of Nevada, Page 843 (CHAPTER 158, AB 92)κ
Β
3.ββA form that a filing office may not refuse to accept under subsection 1 or 2 must conform to the format prescribed for the form by the National Conference of Commissioners on Uniform State Laws.
4.ββA filing officer may add optional blocks for the address of the secured party or the address of the debtor to any form or record.
Sec.β3.ββNRS 105.070 is hereby amended to read as follows:
105.070ββ1.ββThe Secretary of State or county recorder shall mark any security instrument and any statement of change, merger or consolidation presented for filing with the day and hour of filing and the file number assigned to it. This mark is, in the absence of other evidence, conclusive proof of the time and fact of presentation for filing.
2.ββThe Secretary of State or county recorder shall retain and file all security instruments and statements of change, merger or consolidation presented for filing.
3.ββThe uniform fee for filing and indexing a security instrument, or a supplement or amendment thereto, and a statement of change, merger or consolidation, and for stamping a copy of those documents furnished by the secured party or the public utility [,] to show the date and place of filing is [$15 if the document is in the standard form prescribed by the Secretary of State and otherwise is $20, plus $1 for each additional debtor or trade name.] :
(a)βTwenty dollars if the record is communicated in writing and consists of one or two pages;
(b)βForty dollars if the record is communicated in writing and consists of more than two pages, and $1 for each page over 20 pages;
(c)βTen dollars if the record is communicated by another medium authorized by filing-office rule; and
(d)βOne dollar for each additional debtor, trade name or reference to another name under which business is done.
Sec.β4.ββNRS 105.080 is hereby amended to read as follows:
105.080ββ1.ββUpon the request of any person, the Secretary of State shall issue his certificate showing whether there is on file , on the date and hour stated therein, any presently effective security instrument naming a particular public utility [,] and , if there is, giving the date and hour of filing of the instrument and the names and addresses of each secured party. The uniform fee for such a certificate is [$15 if the request for the certificate is in the standard form prescribed by the Secretary of State and otherwise is $20.] :
(a)βTwenty dollars if the request is communicated in writing; and
(b)βFifteen dollars if the request is communicated by another medium authorized by filing-office rule.
2.ββUpon request , the Secretary of State or a county recorder shall furnish a copy of any filed security instrument upon payment of the statutory fee for copies.
Sec.β5.ββNRS 108.831 is hereby amended to read as follows:
108.831ββ1.ββIf a notice of federal lien, a refiling of a notice of federal lien [,] or a notice of revocation of any certificate described in subsection 2 is presented to the filing officer who is:
(a)βThe Secretary of State, he shall cause the notice to be marked, held and indexed in accordance with the provisions of NRS 104.9519 as if the notice were a financing statement within the meaning of the Uniform Commercial Code.
κ2003 Statutes of Nevada, Page 844 (CHAPTER 158, AB 92)κ
Β
(b)βAny other officer described in NRS 108.827, he shall endorse thereon his identification and the date and time of receipt and forthwith file it alphabetically or enter it in an alphabetical index showing the name of the person named in the notice and the date of receipt.
2.ββIf a certificate of release, nonattachment, discharge or subordination of any federal lien is presented to the Secretary of State for filing he shall:
(a)βCause a certificate of release or nonattachment to be marked, held and indexed as if the certificate were a termination statement within the meaning of the Uniform Commercial Code, except that the notice of lien to which the certificate relates must not be removed from the files; and
(b)βCause a certificate of discharge or subordination to be held, marked and indexed as if the certificate were a release of collateral within the meaning of the Uniform Commercial Code.
3.ββIf a refiled notice of federal lien referred to in subsection 1 or any of the certificates or notices referred to in subsection 2 is presented for filing with any other filing officer specified in NRS 108.827, he shall enter the refiled notice or the certificate with the date of filing in any alphabetical index of liens.
4.ββUpon request of any person, the filing officer shall issue his certificate showing whether there is on file, on the date and hour stated therein, any active notice of lien or certificate or notice affecting any lien filed under NRS 108.825 to 108.837, inclusive, naming a particular person [,] and , if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate. The certificate must state that it reveals active liens only. The fee for a certificate is [$15 if the statement is in the standard form prescribed by the Secretary of State and otherwise is $20.] :
(a)βTwenty dollars if the request is communicated in writing; and
(b)βFifteen dollars if the request is communicated by another medium authorized by filing-office rule.
5.ββUpon request , the filing officer shall furnish a copy of any notice of federal lien or notice or certificate affecting a federal lien for the statutory fee for copies.
Sec.β6.ββNRS 108.889 is hereby amended to read as follows:
108.889ββ1.ββTo perfect the lien provided for in NRS 108.887, a producer must, not later than 45 days after the date on which the lien attaches pursuant to NRS 108.888, file a notice of the lien in the Office of the Secretary of State [.] in the manner set forth in NRS 104.9516 and on a form prescribed and made available by the Secretary of State.
2.ββA notice of lien that is filed pursuant to subsection 1 must be verified by the oath of the producer and must contain:
(a)βThe name of the producer;
(b)βThe name of the processor;
(c)βA statement of the terms and conditions of the contract between the producer and the processor; and
(d)βThe total amount owed to the producer by the processor under the terms of the contract, after deducting any applicable credits or offsets.
3.ββNot later than 24 hours after filing a notice of lien pursuant to this section, a producer shall send a copy of the notice of lien to the processor by certified mail.
κ2003 Statutes of Nevada, Page 845 (CHAPTER 158, AB 92)κ
Β
Sec.β7.ββNRS 247.110 is hereby amended to read as follows:
247.110ββ1.ββWhen a document authorized by law to be recorded is deposited in the county recorders office for recording, the county recorder shall:
(a)βEndorse upon it the time when it was received, noting:
(1)βThe year, month, day, hour and minute of its reception;
(2)βThe document number; and
(3)βThe amount of fees collected for recording the document.
(b)βRecord the document without delay, together with the acknowledgments, proofs and certificates, written upon or annexed to it, with the plats, surveys, schedules and other papers thereto annexed, in the order in which the papers are received for recording.
(c)βNote at the upper right corner of the record and upon the document, except a map, so recorded the exact time of its reception, and the name of the person at whose request it was recorded.
(d)βUpon request, place a stamp or other notation upon one copy of the document presented at the time of recording to reflect the information endorsed upon the original pursuant to subparagraphs (1) and (2) of paragraph (a) and as evidence that he received the original, and return the copy to the person who presented it.
2.ββIn addition to the information described in paragraph (a) of subsection 1, a county recorder may endorse upon a document the book and page where the document is recorded.
3.ββA county recorder shall not refuse to record a document on the grounds that the document is not legally effective to accomplish the purposes stated therein.
4.ββA document, except a map, that is submitted for recording must [:] be on a form authorized by NRS 104.9521 for the type of filing or must:
(a)βBe on paper that is 8 1/2 inches by 11 inches in size;
(b)βHave a margin of 1 inch on the left and right sides and at the bottom of each page; and
(c)βHave a space of 3 inches by 3 inches at the upper right corner of the first page and have a margin of 1 inch at the top of each succeeding page.
________
Β
κ2003 Statutes of Nevada, Page 846κ
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Assembly Bill No. 95Committee on Judiciary
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CHAPTER 159
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AN ACT relating to sentencing; making various changes to the provision pertaining to the authority and discretion of the court to suspend a sentence and grant probation in certain cases; and providing other matters properly relating thereto.
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[Approved: May 22, 2003]
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββNRS 176A.100 is hereby amended to read as follows:
176A.100ββ1.ββExcept as otherwise provided in this section and NRS 176A.110 and 176A.120, if a person is found guilty in a district court upon verdict or plea of:
(a)βMurder of the first or second degree, kidnapping in the first degree, sexual assault, attempted sexual assault of a child who is less than 16 years of age, an offense for which the suspension of sentence or the granting of probation is expressly forbidden, or if the person is found to be a habitual criminal pursuant to NRS 207.010, a habitually fraudulent felon pursuant to NRS 207.014 or a habitual felon pursuant to NRS 207.012, the court shall not suspend the execution of the sentence imposed or grant probation to the person.
(b)βA category E felony, except as otherwise provided in this paragraph, the court shall suspend the execution of the sentence imposed and grant probation to the person. The court may, as it deems advisable, decide not to suspend the execution of the sentence imposed and grant probation to the person if, at the time [the crime was committed,] of sentencing, it is established that the person:
(1)βWas serving a term of probation [,] or was on parole at the time the crime was committed, whether in this state or elsewhere, for a felony conviction;
(2)βHad previously had his probation or parole revoked, whether in this state or elsewhere, for a felony conviction; [or]
(3)βHad previously been assigned to a program of treatment and rehabilitation pursuant to NRS 453.580 and failed to successfully complete that program; or
(4)βHad previously been two times convicted, whether in this state or elsewhere, of a crime that under the laws of the situs of the crime or of this state would amount to a felony.
If the person denies the existence of a previous conviction, the court shall determine the issue of the previous conviction after hearing all relevant evidence presented on the issue by the prosecution and the person. At such a hearing, the person may not challenge the validity of a previous conviction. For the purposes of this paragraph, a certified copy of a felony conviction is prima facie evidence of conviction of a prior felony.
(c)βAnother felony, a gross misdemeanor or a misdemeanor, the court may suspend the execution of the sentence imposed and grant probation as the court deems advisable.
κ2003 Statutes of Nevada, Page 847 (CHAPTER 159, AB 95)κ
Β
2.ββIn determining whether to grant probation to a person, the court shall not consider whether the person has the financial ability to participate in a program of probation secured by a surety bond established pursuant to NRS 176A.300 to 176A.370, inclusive.
3.ββThe court shall consider the standards adopted pursuant to NRS 213.10988 and the recommendation of the Chief Parole and Probation Officer, if any, in determining whether to grant probation to a person.
4.ββIf the court determines that a person is otherwise eligible for probation but requires more supervision than would normally be provided to a person granted probation, the court may, in lieu of sentencing him to a term of imprisonment, grant him probation pursuant to the Program of Intensive Supervision established pursuant to NRS 176A.440.
5.ββExcept as otherwise provided in this subsection, if a person is convicted of a felony and the Division is required to make a presentence investigation and report to the court pursuant to NRS 176.135, the court shall not grant probation to the person until the court receives the report of the presentence investigation from the Chief Parole and Probation Officer. The Chief Parole and Probation Officer shall submit the report of the presentence investigation to the court not later than 45 days after receiving a request for a presentence investigation from the county clerk. If the report of the presentence investigation is not submitted by the Chief Parole and Probation Officer within 45 days, the court may grant probation without the report.
6.ββIf the court determines that a person is otherwise eligible for probation, the court shall, when determining the conditions of that probation, consider the imposition of such conditions as would facilitate timely payments by the person of his obligation, if any, for the support of a child and the payment of any such obligation which is in arrears.
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Assembly Bill No. 100Assemblymen Brown, Knecht, Gibbons, Christensen, Andonov, Beers, Geddes, Goicoechea, Grady, Griffin, Gustavson, Hardy, Hettrick, Mabey, Marvel, McCleary, Perkins, Sherer and Weber
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CHAPTER 160
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AN ACT relating to justices courts; increasing the monetary limit of the jurisdiction of justices courts; providing for the establishment of a mandatory short trial program for civil cases in the justices courts; and providing other matters properly relating thereto.
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[Approved: May 22, 2003]
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Sectionβ1.ββNRS 4.060 is hereby amended to read as follows:
4.060ββ1.ββExcept as otherwise provided in this section and NRS 33.017 to 33.100, inclusive, each justice of the peace shall charge and collect the following fees:
κ2003 Statutes of Nevada, Page 848 (CHAPTER 160, AB 100)κ
Β
(a)βOn the commencement of any action or proceeding in the justices court, other than in actions commenced pursuant to chapter 73 of NRS, to be paid by the party commencing the action:
If the sum claimed does not exceed $1,000................................................ $28.00
If the sum claimed exceeds $1,000 but does not exceed $2,500.............. 50.00
If the sum claimed exceeds $2,500 but does not exceed $4,500............ 100.00
If the sum claimed exceeds $4,500 but does not exceed $6,500............ 125.00
If the sum claimed exceeds $6,500 but does not exceed $7,500............ 150.00
If the sum claimed exceeds $7,500 but does not exceed $10,000.......... 175.00
In all other civil actions...................................................................................... 28.00
(b)βFor the preparation and filing of an affidavit and order in an action commenced pursuant to chapter 73 of NRS:
If the sum claimed does not exceed $1,000.................................................. 25.00
If the sum claimed exceeds $1,000 but does not exceed $2,500.............. 45.00
If the sum claimed exceeds $2,500 but does not exceed $5,000.............. 65.00
(c)βOn the appearance of any defendant, or any number of defendants answering jointly, to be paid by him or them on filing the first paper in the action, or at the time of appearance:
In all civil actions................................................................................................ 12.00
For every additional defendant, appearing separately................................... 6.00
(d)βNo fee may be charged where a defendant or defendants appear in response to an affidavit and order issued pursuant to the provisions of chapter 73 of NRS.
(e)βFor the filing of any paper in intervention........................................................ 6.00
(f)βFor the issuance of any writ of attachment, writ of garnishment, writ of execution or any other writ designed to enforce any judgment of the court........................... 6.00
(g)βFor filing a notice of appeal, and appeal bonds........................................... 12.00
One charge only may be made if both papers are filed at the same time.
(h)βFor issuing supersedeas to a writ designed to enforce a judgment or order of the court 12.00
(i)βFor preparation and transmittal of transcript and papers on appeal......... 12.00
(j)βFor celebrating a marriage and returning the certificate to the county recorder 50.00
(k)βFor entering judgment by confession................................................................ 6.00
(l)βFor preparing any copy of any record, proceeding or paper, for each page. .30
(m)βFor each certificate of the clerk, under the seal of the court....................... 3.00
(n)βFor searching records or files in his office, for each year.............................. 1.00
(o)βFor filing and acting upon each bail or property bond ............................... 40.00
κ2003 Statutes of Nevada, Page 849 (CHAPTER 160, AB 100)κ
Β
2.ββA justice of the peace shall not charge or collect any of the fees set forth in subsection 1 for any service rendered by him to the county in which his township is located.
3.ββA justice of the peace shall not charge or collect the fee pursuant to paragraph (j) of subsection 1 if he performs a marriage ceremony in a commissioner township.
4.ββExcept as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, the justice of the peace shall, on or before the fifth day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except for the fees he may retain as compensation and the fees he is required to pay to the State Controller pursuant to subsection 5.
5.ββThe justice of the peace shall, on or before the fifth day of each month, pay to the State Controller:
(a)βAn amount equal to $5 of each fee collected pursuant to paragraph (j) of subsection 1 during the preceding month. The State Controller shall deposit the money in the Account for Aid for Victims of Domestic Violence in the State General Fund.
(b)βOne-half of the fees collected pursuant to paragraph (o) of subsection 1 during the preceding month. The State Controller shall deposit the money in the fund for the compensation of victims of crime.
Sec.β2.ββNRS 4.370 is hereby amended to read as follows:
4.370ββ1.ββExcept as otherwise provided in subsection 2, justices courts have jurisdiction of the following civil actions and proceedings and no others except as otherwise provided by specific statute:
(a)βIn actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed [$7,500.] $10,000.
(b)βIn actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed [$7,500.] $10,000.
(c)βExcept as otherwise provided in paragraph (l) in actions for a fine, penalty or forfeiture not exceeding [$7,500,] $10,000, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.
(d)βIn actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed [$7,500,] $10,000, though the penalty may exceed that sum. Bail bonds and other undertakings posted in criminal matters may be forfeited regardless of amount.
(e)βIn actions to recover the possession of personal property, if the value of the property does not exceed [$7,500.] $10,000.
(f)βTo take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed [$7,500.] $10,000.
(g)βOf actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed do not exceed [$7,500] $10,000 or when no damages are claimed.
(h)βOf actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed do not exceed [$7,500] $10,000 or when no damages are claimed.
κ2003 Statutes of Nevada, Page 850 (CHAPTER 160, AB 100)κ
Β
(i)βOf suits for the collection of taxes, where the amount of the tax sued for does not exceed [$7,500.] $10,000.
(j)βOf actions for the enforcement of mechanics liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed [$7,500.] $10,000.
(k)βOf actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed [$7,500.] $10,000.
(l)βIn actions for a fine imposed for a violation of NRS 484.757.
(m)βExcept in a judicial district that includes a county whose population is 100,000 or more, in any action for the issuance of a temporary or extended order for protection against domestic violence.
(n)βIn an action for the issuance of a temporary or extended order for protection against harassment in the workplace pursuant to NRS 33.200 to 33.360, inclusive.
(o)βIn small claims actions under the provisions of chapter 73 of NRS.
(p)βIn actions to contest the validity of liens on mobile homes or manufactured homes.
(q)βIn any action pursuant to NRS 200.591 for the issuance of a protective order against a person alleged to be committing the crime of stalking, aggravated stalking or harassment.
2.ββThe jurisdiction conferred by this section does not extend to civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.
3.ββJustices courts have jurisdiction of all misdemeanors and no other criminal offenses except as otherwise provided by specific statute. Upon approval of the district court, a justices court may transfer original jurisdiction of a misdemeanor to the district court for the purpose of assigning an offender to a program established pursuant to NRS 176A.250.
4.ββExcept as otherwise provided in subsections 5 and 6, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.
5.ββIn the case of any arrest made by a member of the Nevada Highway Patrol, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.
6.ββEach justices court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.
Sec.β3.ββChapter 38 of NRS is hereby amended by adding thereto a new section to read as follows:
1.ββThe Supreme Court shall adopt rules to provide for the establishment of a mandatory short trial program for civil cases in the justices courts.
2.ββThis section does not apply to the following actions and proceedings:
(a)βActions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed do not exceed $10,000 or when no damages are claimed.
κ2003 Statutes of Nevada, Page 851 (CHAPTER 160, AB 100)κ
Β
(b)βActions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed do not exceed $10,000 or when no damages are claimed.
(c)βAny action for the issuance of a temporary or extended order for protection against domestic violence.
(d)βAn action for the issuance of a temporary or extended order for protection against harassment in the workplace pursuant to NRS 33.200 to 33.360, inclusive.
(e)βSmall claims actions under the provisions of chapter 73 of NRS.
(f)βAny action pursuant to NRS 200.591 for the issuance of a protective order against a person alleged to be committing the crime of stalking, aggravated stalking or harassment.
3.ββAs used in this section, short trial means a trial that is conducted in accordance with procedures designed to limit the length of the trial, including, without limitation, restrictions on the amount of discovery requested by each party, the use of a jury composed of not more than six persons, and a specified limit on the amount of time each party may use to present his case.
Sec.β4.ββNRS 38.250 is hereby amended to read as follows:
38.250ββ1.ββExcept as otherwise provided in NRS 38.310 [:] and section 3 of this act:
(a)βAll civil actions filed in district court for damages, if the cause of action arises in the State of Nevada and the amount in issue does not exceed $40,000, must be submitted to nonbinding arbitration in accordance with the provisions of NRS 38.250 to 38.259, inclusive, unless the parties have agreed to submit the action to an alternative method of resolving disputes established by the Supreme Court pursuant to NRS 38.258, including, without limitation, a settlement conference, mediation or a binding short trial, and that method has resulted in a binding disposition of the action. If an action is submitted to an alternative method of resolving disputes pursuant to this paragraph and a binding disposition of the case does not result, the action must be submitted to nonbinding arbitration, but the parties may agree to submit the action to another alternative method of resolving disputes while the nonbinding arbitration is pending or after the nonbinding arbitration has been completed.
(b)βA civil action for damages filed in justices court may be submitted to arbitration or to an alternative method of resolving disputes, including, without limitation, a settlement conference, mediation or a binding short trial, if the parties agree to the submission.
2.ββAn agreement entered into pursuant to this section must be:
(a)βEntered into at the time of the dispute and not be a part of any previous agreement between the parties;
(b)βIn writing; and
(c)βEntered into knowingly and voluntarily.
An agreement entered into pursuant to this section that does not comply with the requirements set forth in this subsection is void.
3.ββAs used in this section, short trial means a trial that is conducted, with the consent of the parties to the action, in accordance with procedures designed to limit the length of the trial, including, without limitation, restrictions on the amount of discovery requested by each party, the use of a jury composed of not more than six persons, and a specified limit on the amount of time each party may use to present his case.
κ2003 Statutes of Nevada, Page 852 (CHAPTER 160, AB 100)κ
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Sec.β5.ββNRS 487.039 is hereby amended to read as follows:
487.039ββ1.ββIf [the owner of] a vehicle [which] is towed from private property upon the request of the owner of the private property , or a person in lawful possession of that property , and the owner of the vehicle believes that the vehicle was unlawfully towed, [he] the owner of the vehicle may file a civil action pursuant to paragraph (b) of subsection 1 of NRS 4.370 in the justices court of the township where the private property is located, on a form provided by the court, to determine whether the towing of the vehicle was lawful.
2.ββAn action may be filed pursuant to this section only if the cost of towing and storing the vehicle does not exceed [$7,500.] $10,000.
3.ββUpon the filing of a civil action pursuant to subsection 1, the court shall schedule a date for a hearing. The hearing must be held not later than 7 days after the action is filed. The court shall affix the date of the hearing to the form and order a copy served by the sheriff, constable or other process server upon the person who authorized the towing of the vehicle.
4.ββThe court shall:
(a)βIf it determines that the vehicle was:
(1)βLawfully towed, order the owner of the vehicle to pay the cost of towing and storing the vehicle and order the person who is storing the vehicle to release the vehicle to the owner upon payment of that cost; or
(2)βUnlawfully towed, order the person who authorized the towing to pay the cost of towing and storing the vehicle and order the person who is storing the vehicle to release the vehicle to the owner immediately; and
(b)βDetermine the actual cost incurred in towing and storing the vehicle.
5.ββThe operator of any facility or other location where vehicles which are towed from private property are stored shall display conspicuously at that facility or location a sign which sets forth the provisions of this section.
Sec.β6.ββSection 1 of Senate Bill No. 88 of this session is hereby amended to read as follows:
Sectionβ1.ββChapter 3 of NRS is hereby amended by adding thereto a new section to read as follows:
[1.]ββIf an action is filed in the district court and a district judge determines that the [sum claimed, exclusive of interest, does not exceed $7,500,] action is properly within the jurisdiction of the justices court pursuant to NRS 4.370, the district judge may transfer original jurisdiction of the action to the justices court.
[2.ββFor the purposes of this section, action includes the following civil cases and proceedings and no others except as otherwise provided by specific statute:
(a)βAn action arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, exceeds $7,500.
(b)βAn action for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed exceeds $7,500.
(c)βExcept in actions for a fine imposed for a violation of NRS 484.757, an action for a fine, penalty or forfeiture exceeding $7,500, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.
κ2003 Statutes of Nevada, Page 853 (CHAPTER 160, AB 100)κ
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(d)βAn action upon bonds or undertakings conditioned for the payment of money, if the sum claimed exceeds $7,500.
(e)βAn action to recover the possession of personal property, if the value of the property exceeds $7,500.
(f)βTo take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, exceeds $7,500.
(g)βOf actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed exceed $7,500.
(h)βOf actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed exceed $7,500.
(i)βOf suits for the collection of taxes, where the amount of the tax sued for exceeds $7,500.
(j)βOf actions for the enforcement of mechanics liens, where the amount of the lien sought to be enforced, exclusive of interest, exceeds $7,500.
(k)βOf actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, exceeds $7,500.]
Sec.β7.ββThe amendatory provisions of sections 1 to 5, inclusive, of this act apply to civil actions and proceedings filed on or after January 1, 2005.
Sec.β8.ββ1.ββThis section and section 6 of this act become effective upon passage and approval.
2.ββSections 1 to 5, inclusive, and 7 of this act become effective on January 1, 2005.
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Assembly Bill No. 117Committee on Judiciary
Β
CHAPTER 161
Β
AN ACT relating to child support; making various changes to provisions governing the withholding of income which is ordered to enforce the payment of child support; and providing other matters properly relating thereto.
Β
[Approved: May 22, 2003]
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββNRS 31A.025 is hereby amended to read as follows:
31A.025ββ1.ββExcept as otherwise provided in subsection [2,] 4, whenever a court order requiring an obligor to make payments for the support of a child includes an order directing the withholding of income for the payment of the support, the procedure provided by this chapter for the withholding of income must be carried out immediately unless:
(a)βAll parties agree in writing that there should be no immediate withholding; or
(b)βThe court finds good cause for the postponement of withholding.
κ2003 Statutes of Nevada, Page 854 (CHAPTER 161, AB 117)κ
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2.ββExcept as otherwise provided in [this paragraph,] subsection 3, a finding of good cause pursuant to paragraph (b) of subsection 1 must be based on a written finding by the court that the immediate withholding of income would not be in the best interests of the child. A finding that the immediate withholding of income would not be in the best interests of the child may be based on evidence that:
(a)βThe obligor has not been found to be in arrears for the payment of child support and is willing and able to pay the amount ordered by the court;
(b)βThe obligor was unaware that he was the parent of the child for whom he owes an obligation of support during any time in which an arrearage for the payment of child support accrued and is willing and able to pay the amount ordered by the court; or
(c)βThe obligor has provided full payment of his obligation for support for each of the immediately preceding 12 months.
3.ββIn an action for modification or adjustment of a previous order for the support of a child, a finding of good cause may be based on evidence of payment in a timely manner by the obligor under the previous order for support.
[2.] 4.ββIn the case of any court order requiring an obligor to make payments for the support of a child:
(a)βThat does not include an order directing the withholding of income for the payment of the support; or
(b)βIn connection with which:
(1)βGood cause has been found by the court for the postponement of withholding; or
(2)βAll parties have agreed in writing that there should be no immediate withholding,
the procedure for the withholding of income must be carried out when the obligor becomes delinquent in paying the support of a child. The person entitled to the payment of support or his legal representative shall notify the enforcing authority when the procedure for the withholding of income must be carried out pursuant to this subsection.
Sec.β2.ββNRS 31A.040 is hereby amended to read as follows:
31A.040ββ1.ββThe enforcing authority shall notify an obligor who is subject to the withholding of income by first-class mail to his last known address:
(a)βThat his income is being withheld;
(b)βOf the amount of any arrearages;
(c)βOf the amount being withheld from his income to pay current support and the amount being withheld to pay any arrearages;
(d)βThat a notice to withhold income applies to any current or subsequent employer;
(e)βThat a notice to withhold income of the obligor has been mailed to his employer;
(f)βOf the information provided to his employer pursuant to NRS 31A.070;
(g)βThat he may contest the withholding; and
(h)βOf the grounds and procedures for contesting the withholding.
2.ββThe provisions of this section are applicable only to an obligor against whom there is entered an order of a kind described in subsection [2] 4 of NRS 31A.025.
κ2003 Statutes of Nevada, Page 855 (CHAPTER 161, AB 117)κ
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Sec.β3.ββNRS 31A.050 is hereby amended to read as follows:
31A.050ββ1.ββExcept as otherwise provided in subsection 2:
(a)βIf an obligor, within 15 days after a notice of withholding is mailed to him pursuant to NRS 31A.040, requests a hearing to contest the withholding, the enforcing authority shall apply for a hearing before the court.
(b)βThe obligor may contest the withholding on the following grounds:
(1)βThe court which issued the order for support lacked personal jurisdiction over him;
(2)βThere is a mistake of fact as to:
(I)βWhether the obligor has been delinquent in the payment of support;
(II)βThe amount of the arrearages or support; or
(III)βThe custody of the child; or
(3)βThe order of support was obtained by fraud.
No other issues or defenses may be presented to or determined by the court.
2.ββThe provisions of subsection 1:
(a)βAre applicable only to an obligor against whom there is entered an order of a kind described in subsection [2] 4 of NRS 31A.025.
(b)βDo not apply to an obligor who requests a hearing pursuant to NRS 130.606 to contest the enforcement, through the withholding of income, of an order for support that is registered pursuant to chapter 130 of NRS.
Sec.β4.ββNRS 31A.060 is hereby amended to read as follows:
31A.060ββ1.ββIf the court, after conducting a hearing requested pursuant to NRS 31A.050, determines that:
(a)βThe court that issued the order of support lacked jurisdiction or the order was obtained by fraud or a mistake of fact, it shall issue an order to stay the withholding.
(b)βThe order of support is valid and there is no fraud or mistake of fact, it shall issue an order confirming the withholding without modification.
2.ββThe court shall make its decision within 45 days after the notice of the withholding is mailed to the obligor pursuant to NRS 31A.040.
3.ββIf the court issues an order confirming the withholding, it may assess costs and attorneys fees against the obligor.
4.ββThe enforcing authority shall give written notice to the obligor of the decision of the court.
5.ββThe provisions of this section are applicable only to an obligor against whom there is entered an order of a kind described in subsection [2] 4 of NRS 31A.025.
Sec.β5.ββNRS 31A.070 is hereby amended to read as follows:
31A.070ββ1.ββThe enforcing authority shall mail, by first-class mail, a notice to withhold income to an obligors employer:
(a)βIf the provisions of subsection [2] 4 of NRS 31A.025 apply, immediately upon determining that the obligor is delinquent in the payment of support; or
(b)βIf the provisions of subsection [2] 4 of NRS 31A.025 do not apply, immediately upon the entry of the order of support [.] , unless an exception set forth in paragraph (a) or (b) of subsection 1 of NRS 31A.025 applies.
2.ββIf an employer of an obligor does not begin to withhold income from the obligor after receiving the notice to withhold income that was mailed pursuant to subsection 1, the enforcing authority shall mail, by certified mail, return receipt requested, another notice to withhold income to the employer.
3.ββA notice to withhold income may be issued electronically and must:
κ2003 Statutes of Nevada, Page 856 (CHAPTER 161, AB 117)κ
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(a)βContain the social security number of the obligor;
(b)βSpecify the amount to be withheld from the income of the obligor;
(c)βSpecify the amount of the fee authorized in NRS 31A.090 for the employer;
(d)βDescribe the limitation for withholding income prescribed in NRS 31.295;
(e)βDescribe the prohibition against terminating the employment of an obligor because of withholding and the penalties for wrongfully refusing to withhold pursuant to the notice to withhold income;
(f)βSpecify that, pursuant to NRS 31A.160, the withholding of income to enforce an order of a court for child support has priority over other proceedings against the same money; and
(g)βExplain the duties of an employer upon the receipt of the notice to withhold income.
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Assembly Bill No. 323Assemblymen McClain, Parks, Chowning, Koivisto, Gibbons, Anderson, Arberry, Atkinson, Claborn, Collins, Conklin, Giunchigliani, Hardy, Horne, Manendo, Mortenson, Ohrenschall and Pierce
Β
CHAPTER 162
Β
AN ACT relating to health care; requiring certain employees of facilities for long-term care to receive education in the care of persons with dementia; requiring the Department of Human Resources to develop a plan for increasing the number of beds in this state that are used to provide long-term care to persons with dementia; and providing other matters properly relating thereto.
Β
[Approved: May 22, 2003]
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββChapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:
1.ββThe Board shall establish minimum continuing education requirements concerning the care of persons with any form of dementia, including, without limitation, dementia caused by Alzheimers disease, for each person who is:
(a)βEmployed by a facility for skilled nursing, facility for intermediate care or residential facility for groups which provides care to persons with any form of dementia; and
(b)βLicensed or certified by an occupational licensing board.
2.ββIn establishing continuing education requirements pursuant to subsection 1, the Board shall consider any other educational requirements imposed on such employees to ensure that the continuing education requirements established by the Board do not duplicate or conflict with the existing educational requirements imposed on those employees.
3.ββThe administrator of a facility for skilled nursing, facility for intermediate care or residential facility for groups which provides care to persons with any form of dementia, including, without limitation, dementia caused by Alzheimers disease, shall ensure that each employee of the facility who is required to comply with the requirements for continuing education established by the Board pursuant to this section complies with such requirements.
κ2003 Statutes of Nevada, Page 857 (CHAPTER 162, AB 323)κ
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persons with any form of dementia, including, without limitation, dementia caused by Alzheimers disease, shall ensure that each employee of the facility who is required to comply with the requirements for continuing education established by the Board pursuant to this section complies with such requirements.
Sec.β2.ββNRS 449.070 is hereby amended to read as follows:
449.070ββThe provisions of NRS 449.001 to 449.240, inclusive, and section 1 of this act do not apply to:
1.ββAny facility conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice of the religion of the church or denomination, except that such a facility [must] shall comply with all regulations relative to sanitation and safety applicable to other facilities of a similar category.
2.ββFoster homes as defined in NRS 424.014.
3.ββAny medical facility or facility for the dependent operated and maintained by the United States Government or an agency thereof.
Sec.β3.ββNRS 449.160 is hereby amended to read as follows:
449.160ββ1.ββThe Health Division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.001 to 449.240, inclusive, and section 1 of this act upon any of the following grounds:
(a)βViolation by the applicant or the licensee of any of the provisions of NRS 439B.410 or 449.001 to 449.245, inclusive, and section 1 of this act or of any other law of this state or of the standards, rules and regulations adopted thereunder.
(b)βAiding, abetting or permitting the commission of any illegal act.
(c)βConduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.
(d)βConduct or practice detrimental to the health or safety of the occupants or employees of the facility.
(e)βFailure of the applicant to obtain written approval from the Director of the Department of Human Resources as required by NRS 439A.100 or as provided in any regulation adopted pursuant to this chapter, if such approval is required.
2.ββIn addition to the provisions of subsection 1, the Health Division may revoke a license to operate a facility for the dependent if, with respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee:
(a)βIs convicted of violating any of the provisions of NRS 202.470;
(b)βIs ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124; or
(c)βIs ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.
3.ββThe Health Division shall maintain a log of any complaints that it receives relating to activities for which the Health Division may revoke the license to operate a facility for the dependent pursuant to subsection 2.
4.ββOn or before February 1 of each odd-numbered year, the Health Division shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:
κ2003 Statutes of Nevada, Page 858 (CHAPTER 162, AB 323)κ
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(a)βAny complaints included in the log maintained by the Health Division pursuant to subsection 3; and
(b)βAny disciplinary actions taken by the Health Division pursuant to subsection 2.
Sec.β4.ββNRS 449.163 is hereby amended to read as follows:
449.163ββ1.ββIf a medical facility or facility for the dependent violates any provision related to its licensure, including any provision of NRS 439B.410, 449.001 to 449.240, inclusive, and section 1 of this act or any condition, standard or regulation adopted by the Board, the Health Division in accordance with the regulations adopted pursuant to NRS 449.165 may:
(a)βProhibit the facility from admitting any patient until it determines that the facility has corrected the violation;
(b)βLimit the occupancy of the facility to the number of beds occupied when the violation occurred, until it determines that the facility has corrected the violation;
(c)βImpose an administrative penalty of not more than $1,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum; and
(d)βAppoint temporary management to oversee the operation of the facility and to ensure the health and safety of the patients of the facility, until:
(1)βIt determines that the facility has corrected the violation and has management which is capable of ensuring continued compliance with the applicable statutes, conditions, standards and regulations; or
(2)βImprovements are made to correct the violation.
2.ββIf the facility fails to pay any administrative penalty imposed pursuant to paragraph (c) of subsection 1, the Health Division may:
(a)βSuspend the license of the facility until the administrative penalty is paid; and
(b)βCollect court costs, reasonable attorneys fees and other costs incurred to collect the administrative penalty.
3.ββThe Health Division may require any facility that violates any provision of NRS 439B.410, 449.001 to 449.240, inclusive, and section 1 of this act or any condition, standard or regulation adopted by the Board, to make any improvements necessary to correct the violation.
4.ββAny money collected as administrative penalties pursuant to this section must be accounted for separately and used to protect the health or property of the residents of the facility in accordance with applicable federal standards.
Sec.β5.ββNRS 654.170 is hereby amended to read as follows:
654.170ββ1.ββThe Board shall issue a numbered license, in such form as it may prescribe, to each applicant who meets the requirements of NRS 654.150 or 654.155 and shall affix its official seal to the license.
2.ββEach license issued by the Board pursuant to this chapter expires 2 years after the last day of the calendar month in which it was issued and may be renewed on or before that date biennially.
3.ββAny licensed nursing facility administrator or administrator of a residential facility for groups may renew his license by applying for renewal in the manner prescribed by the Board, submitting the statement required pursuant to NRS 654.145 and paying the renewal fee fixed by the Board.
4.ββThe Board shall, as a prerequisite for the renewal of a license, require each holder to comply with [the] :
κ2003 Statutes of Nevada, Page 859 (CHAPTER 162, AB 323)κ
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(a)βThe requirements for continuing education adopted by the Board [.] ; and
(b)βThe duties of the administrator set forth in section 1 of this act.
Sec.β6.ββNRS 654.170 is hereby amended to read as follows:
654.170ββ1.ββThe Board shall issue a numbered license, in such form as it may prescribe, to each applicant who meets the requirements of NRS 654.150 or 654.155 and shall affix its official seal to the license.
2.ββEach license issued by the Board pursuant to this chapter expires 2 years after the last day of the calendar month in which it was issued and may be renewed on or before that date biennially.
3.ββAny licensed nursing facility administrator or administrator of a residential facility for groups may renew his license by applying for renewal in the manner prescribed by the Board and paying the renewal fee fixed by the Board.
4.ββThe Board shall, as a prerequisite for the renewal of a license, require each holder to comply with [the] :
(a)βThe requirements for continuing education adopted by the Board [.] ; and
(b)βThe duties of the administrator set forth in section 1 of this act.
Sec.β7.ββNRS 654.190 is hereby amended to read as follows:
654.190ββ1.ββThe Board may, after notice and hearing, impose an administrative fine of not more than $2,500 on and suspend or revoke the license of any nursing facility administrator or administrator of a residential facility for groups who:
(a)βIs convicted of a felony, or of any offense involving moral turpitude.
(b)βHas obtained his license by the use of fraud or deceit.
(c)βViolates any of the provisions of this chapter.
(d)βAids or abets any person in the violation of any of the provisions of NRS 449.001 to 449.240, inclusive, and section 1 of this act as those provisions pertain to a facility for skilled nursing, facility for intermediate care or residential facility for groups.
(e)βViolates any regulation of the Board prescribing additional standards of conduct for nursing facility administrators or administrators of residential facilities for groups.
2.ββThe Board shall give a licensee against whom proceedings are brought pursuant to this section written notice of a hearing not less than 10 days before the date of the hearing.
3.ββIf discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorneys fees, may be recovered by the Board.
Sec.β8.ββ1.ββThe Department of Human Resources shall develop a plan for increasing the number of beds in this state that are used to provide long-term care to persons with any form of dementia, including, without limitation, dementia caused by Alzheimers disease. The plan must include various methods for increasing the number of such beds, including, without limitation:
(a)βChanging the rate at which Medicaid reimburses facilities for providing long-term care to persons with any form of dementia;
(b)βThe use of financial policies and incentives to encourage and facilitate the development and creation of such beds; and
(c)βThe use or modification of existing public and private facilities in this state for providing long-term care to persons with any form of dementia.
κ2003 Statutes of Nevada, Page 860 (CHAPTER 162, AB 323)κ
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2.ββThe Department of Human Resources shall submit the plan to the Interim Finance Committee and the Legislative Committee on Health Care on or before June 30, 2004.
Sec.β9.ββ1.ββThis act becomes effective on July 1, 2003.
2.ββSection 5 of this act expires by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(a)βHave failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(b)βAre in arrears in the payment for the support of one or more children,
are repealed by the Congress of the United States.
3.ββSection 6 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(a)βHave failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(b)βAre in arrears in the payment for the support of one or more children,
are repealed by the Congress of the United States.
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Assembly Bill No. 336Assemblymen Manendo, McClain, Koivisto, Parks, McCleary, Anderson, Andonov, Arberry, Atkinson, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Hardy, Horne, Knecht, Leslie, Mortenson, Oceguera, Ohrenschall, Perkins, Pierce, Sherer, Weber and Williams
Β
CHAPTER 163
Β
AN ACT relating to criminal procedure; revising the provisions regarding notification of victims of a crime if the defendant is released before or during a trial; providing that a victim can request information concerning the release of the defendant by telephone in certain circumstances; and providing other matters properly relating thereto.
Β
[Approved: May 22, 2003]
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββNRS 178.5698 is hereby amended to read as follows:
178.5698ββ1.ββThe prosecuting attorney, sheriff or chief of police shall, upon the [written] request of a victim or witness, inform him:
(a)βWhen the defendant is released from custody at any time before or during the trial [;] , including, without limitation, when the defendant is released pending trial or subject to electronic supervision;
κ2003 Statutes of Nevada, Page 861 (CHAPTER 163, AB 336)κ
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(b)βIf the defendant is so released, the amount of bail required, if any; and
(c)βOf the final disposition of the criminal case in which he was directly involved.
2.ββA request for information pursuant to subsection 1 must be made:
(a)βIn writing; or
(b)βBy telephone through an automated or computerized system of notification, if such a system is available.
3.ββIf an offender is convicted of a sexual offense or an offense involving the use or threatened use of force or violence against the victim, the court shall provide:
(a)βTo each witness, documentation that includes:
(1)βA form advising the witness of the right to be notified pursuant to subsection [4;] 5;
(2)βThe form that the witness must use to request notification [;] in writing; and
(3)βThe form or procedure that the witness must use to provide a change of address after a request for notification has been submitted.
(b)βTo each person listed in subsection [3,] 4, documentation that includes:
(1)βA form advising the person of the right to be notified pursuant to subsection [4 or] 5 or 6 and NRS 176.015, 176A.630, 209.392, 209.3925, 209.521, 213.010, 213.040, 213.095 and 213.130;
(2)βThe forms that the person must use to request notification; and
(3)βThe forms or procedures that the person must use to provide a change of address after a request for notification has been submitted.
[3.] 4.ββThe following persons are entitled to receive documentation pursuant to paragraph (b) of subsection [2:] 3:
(a)βA person against whom the offense is committed.
(b)βA person who is injured as a direct result of the commission of the offense.
(c)βIf a person listed in paragraph (a) or (b) is under the age of 18 years, each parent or guardian who is not the offender.
(d)βEach surviving spouse, parent and child of a person who is killed as a direct result of the commission of the offense.
(e)βA relative of a person listed in paragraphs (a) to (d), inclusive, if the relative requests in writing to be provided with the documentation.
[4.] 5.ββExcept as otherwise provided in subsection [5,] 6, if the offense was a felony and the offender is imprisoned, the warden of the prison shall, if the victim or witness so requests in writing and provides his current address, notify him at that address when the offender is released from the prison.
[5.] 6.ββIf the offender was convicted of a violation of subsection 3 of NRS 200.366 or a violation of subsection 1, paragraph (a) of subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508, the warden of the prison shall notify:
(a)βThe immediate family of the victim if the immediate family provides their current address;
(b)βAny member of the victims family related within the third degree of consanguinity, if the member of the victims family so requests in writing and provides his current address; and
κ2003 Statutes of Nevada, Page 862 (CHAPTER 163, AB 336)κ
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(c)βThe victim, if he will be 18 years of age or older at the time of the release and has provided his current address,
before the offender is released from prison.
[6.] 7.ββThe warden must not be held responsible for any injury proximately caused by his failure to give any notice required pursuant to this section if no address was provided to him or if the address provided is inaccurate or not current.
[7.] 8.ββAs used in this section:
(a)βImmediate family means any adult relative of the victim living in the victims household.
(b)βSexual offense means:
(1)βSexual assault pursuant to NRS 200.366;
(2)βStatutory sexual seduction pursuant to NRS 200.368;
(3)βBattery with intent to commit sexual assault pursuant to NRS 200.400;
(4)βAn offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;
(5)βIncest pursuant to NRS 201.180;
(6)βSolicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195;
(7)βOpen or gross lewdness pursuant to NRS 201.210;
(8)βIndecent or obscene exposure pursuant to NRS 201.220;
(9)βLewdness with a child pursuant to NRS 201.230;
(10)βSexual penetration of a dead human body pursuant to NRS 201.450;
(11)βLuring a child using a computer, system or network pursuant to NRS 201.560, if punished as a felony;
(12)βAnnoyance or molestation of a minor pursuant to NRS 207.260;
(13)βAn offense that, pursuant to a specific statute, is determined to be sexually motivated; or
(14)βAn attempt to commit an offense listed in this paragraph.
Sec.β2.ββThis act becomes effective on July 1, 2003.
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κ2003 Statutes of Nevada, Page 863κ
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Assembly Bill No. 381Assemblymen Leslie, Koivisto, Parks, Ohrenschall, Atkinson, Buckley, Conklin, Geddes and McClain
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CHAPTER 164
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AN ACT relating to protection of children; revising the provisions governing the purpose, membership and procedure of a multidisciplinary team to review the death of a child; increasing the fee for a certificate of death to support the reviews; and providing other matters properly relating thereto.
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[Approved: May 22, 2003]
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Sectionβ1.ββChapter 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec.β2.ββThe purpose of organizing multidisciplinary teams to review the deaths of children pursuant to NRS 432B.405 and sections 2 to 6, inclusive, of this act, is to:
1.ββReview the records of selected cases of deaths of children under 18 years of age in this state;
2.ββReview the records of selected cases of deaths of children under 18 years of age who are residents of Nevada and who die in another state;
3.ββAssess and analyze such cases;
4.ββMake recommendations for improvements to laws, policies and practice;
5.ββSupport the safety of children; and
6.ββPrevent future deaths of children.
Sec.β3.ββ1.ββA multidisciplinary team to review the death of a child that is organized by an agency which provides child welfare services pursuant to NRS 432B.405 must include, insofar as possible:
(a)βA representative of any law enforcement agency that is involved with the case under review;
(b)βMedical personnel;
(c)βA representative of the district attorneys office in the county where the case is under review;
(d)βA representative of any school that is involved with the case under review;
(e)βA representative of any agency which provides child welfare services that is involved with the case under review; and
(f)βA representative of the coroners office.
2.ββA multidisciplinary team may include such other representatives of other organizations concerned with the death of the child as the agency which provides child welfare services deems appropriate for the review.
Sec.β4.ββ1.ββA multidisciplinary team to review the death of a child is entitled to access to:
(a)βAll investigative information of law enforcement agencies regarding the death;
(b)βAny autopsy and coroners investigative records relating to the death;
κ2003 Statutes of Nevada, Page 864 (CHAPTER 164, AB 381)κ
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(c)βAny medical or mental health records of the child; and
(d)βAny records of social and rehabilitative services or of any other social service agency which has provided services to the child or the childs family.
2.ββEach organization represented on a multidisciplinary team to review the death of a child shall share with other members of the team information in its possession concerning the child who is the subject of the review, any siblings of the child, any person who was responsible for the welfare of the child and any other information deemed by the organization to be pertinent to the review.
3.ββA multidisciplinary team to review the death of a child may petition the district court for the issuance of, and the district court may issue, a subpoena to compel the production of any books, records or papers relevant to the cause of any death being investigated by the team. Any books, records or papers received by the team pursuant to the subpoena shall be deemed confidential and privileged and not subject to disclosure.
4.ββInformation acquired by, and the records of, a multidisciplinary team to review the death of a child are confidential, must not be disclosed, and are not subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding.
Sec.β5.ββ1.ββThe report and recommendations of a multidisciplinary team to review the death of a child must be transmitted to an administrative team for review.
2.ββAn administrative team must consist of administrators of agencies which provide child welfare services, and agencies responsible for vital statistics, public health, mental health and public safety.
3.ββThe administrative team shall review the report and recommendations and respond in writing to the multidisciplinary team within 90 days after receiving the report.
Sec.β6.ββ1.ββThe Administrator of the Division shall establish an Executive Committee to Review the Death of Children, consisting of representatives from multidisciplinary teams formed pursuant to NRS 432B.405 and section 3 of this act, vital statistics, law enforcement, public health and the Office of the Attorney General.
2.ββThe Executive Committee shall:
(a)βAdopt statewide protocols for the review of the death of a child;
(b)βDesignate the members of an administrative team for the purposes of section 5 of this act;
(c)βOversee training and development of multidisciplinary teams to review the death of children; and
(d)βCompile and distribute a statewide annual report, including statistics and recommendations for regulatory and policy changes.
3.ββThe Review of Death of Children Account is hereby created in the State General Fund. The Executive Committee may use money in the Account to carry out the provisions of NRS 432B.405 and sections 2 to 6, inclusive, of this act.
Sec.β7.ββNRS 432B.405 is hereby amended to read as follows:
432B.405ββ1.ββAn agency which provides child welfare services:
(a)βMay organize one or more multidisciplinary teams to review the death of a child; and
(b)βShall organize one or more multidisciplinary teams to review the death of a child [upon] under any of the following circumstances:
κ2003 Statutes of Nevada, Page 865 (CHAPTER 164, AB 381)κ
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(1)βUpon receiving a written request from an adult related to the child within the third degree of consanguinity, if the request is received by the agency within 1 year after the date of death of the child [.
2.ββMembers of a team organized pursuant to subsection 1 serve at the invitation of the agency and must include representatives of other organizations concerned with education, law enforcement or physical or mental health.
3.ββEach organization represented on such a team may share with other members of the team information in its possession concerning the child who is the subject of the review, siblings of the child, any person who was responsible for the welfare of the child and any other information deemed by the organization to be pertinent to the review.
4.ββBefore establishing any child death review team, an agency shall adopt a written protocol describing its objectives and the structure of such a team.] ;
(2)βIf a child dies while in the custody of or involved with an agency which provides child welfare services, or if the childs family previously received services from such an agency;
(3)βIf the death is alleged to be from abuse or neglect of the child;
(4)βIf a sibling, household member or daycare provider has been the subject of a child abuse and neglect investigation within the previous 12 months, including cases in which the report was unsubstantiated or the investigation is currently pending;
(5)βIf the child was adopted through an agency which provides child welfare services; or
(6)βIf the child died of Sudden Infant Death Syndrome.
2.ββA review conducted pursuant to subparagraph (2) of paragraph (b) of subsection 1 must occur within 3 months after the issuance of a certificate of death.
Sec.β8.ββNRS 440.170 is hereby amended to read as follows:
440.170ββ1.ββAll certificates in the custody of the State Registrar are open to inspection subject to the provisions of this chapter. It is unlawful for any employee of the State to disclose data contained in vital statistics, except as authorized by this chapter or by the Board.
2.ββInformation in vital statistics indicating that a birth occurred out of wedlock must not be disclosed except upon order of a court of competent jurisdiction.
3.ββThe Board:
(a)βShall allow the use of data contained in vital statistics to carry out the provisions of NRS 442.300 to 442.330, inclusive; [and]
(b)βShall allow the use of certificates of death by a multidisciplinary team to review the death of a child established pursuant to NRS 432B.405 and section 3 of this act; and
(c)βMay allow the use of data contained in vital statistics for other research purposes, but without identifying the persons to whom the records relate.
Sec.β9.ββNRS 440.690 is hereby amended to read as follows:
440.690ββ1.ββThe State Registrar shall keep a true and correct account of all fees received under this chapter.
2.ββThe money collected pursuant to subsection 2 of NRS 440.700 must be remitted by the State Registrar to the State Treasurer for credit to the Childrens Trust Account . [, and any] The money collected pursuant to subsection 3 of NRS 440.700 must be remitted by the State Registrar to the State Treasurer for credit to the Review of Death of Children Account.
κ2003 Statutes of Nevada, Page 866 (CHAPTER 164, AB 381)κ
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subsection 3 of NRS 440.700 must be remitted by the State Registrar to the State Treasurer for credit to the Review of Death of Children Account. Any other proceeds accruing to the State of Nevada under the provisions of this chapter must be forwarded to the State Treasurer for deposit in the State General Fund.
3.ββUpon the approval of the State Board of Examiners and pursuant to its regulations, the Health Division may maintain an account in a bank or credit union for the purpose of refunding overpayments of fees for vital statistics.
Sec.β10.ββNRS 440.700 is hereby amended to read as follows:
440.700ββ1.ββThe State Registrar shall charge and collect the following fees:
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For searching the files for one name, if no copy is made.................................. $8
For verifying a vital record........................................................................................ 8
For establishing and filing a record of paternity (other than a hospital-based paternity), and providing a certified copy of the new record......................................... 20
For a certified copy of a record of birth................................................................ 11
For a certified copy of a record of death.......................................................... [8] 9
For correcting a record on file with the State Registrar and providing a certified copy of the corrected record........................................................................................... 20
For replacing a record on file with the State Registrar and providing a certified copy of the new record..................................................................................................... 20
For filing a delayed certificate of birth and providing a certified copy of the certificate 20
For the services of a Notary Public, provided by the State Registrar................. 2
For an index of records of marriage provided on microfiche to a person other than a county recorder of a county of this state.................................................... 200
For an index of records of divorce provided on microfiche to a person other than a county recorder of a county in this state..................................................... 100
For compiling data files which require specific changes in computer programming 200
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2.ββThe fee collected for furnishing a copy of a certificate of birth or death [must include] includes the sum of $3 for credit to the Childrens Trust Account.
3.ββThe fee collected for furnishing a copy of a certificate of death includes the sum of $1 for credit to the Review of Death of Children Account.
4.ββUpon the request of any parent or guardian, the State Registrar shall supply, without the payment of a fee, a certificate limited to a statement as to the date of birth of any child as disclosed by the record of such birth when the certificate is necessary for admission to school or for securing employment.
[4.]β5.ββThe United States Bureau of the Census may obtain, without expense to the State, transcripts or certified copies of births and deaths without payment of a fee.
κ2003 Statutes of Nevada, Page 867 (CHAPTER 164, AB 381)κ
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Sec.β11.ββThis act becomes effective on July 1, 2003.
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Assembly Bill No. 405Assemblymen Hardy, Knecht, Andonov, Grady, Brown, Beers, Christensen, Collins, Conklin, Geddes, Gibbons, Goicoechea, Griffin, Gustavson, Hettrick, Koivisto, Mabey, McClain, McCleary, Oceguera, Pierce and Weber
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CHAPTER 165
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AN ACT relating to veterans cemeteries; revising the provisions governing financial support for veterans cemeteries; providing for the employment of additional employees to operate veterans cemeteries; authorizing the use of the remainder of certain gifts of money and personal property donated for use at veterans cemeteries; and providing other matters properly relating thereto.
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[Approved: May 22, 2003]
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Sectionβ1.ββNRS 417.220 is hereby amended to read as follows:
417.220ββ1.ββThe Account for Veterans Affairs is hereby created in the State General Fund.
2.ββMoney received by the Executive Director or the Deputy Executive Director from:
(a)βFees charged pursuant to NRS 417.210;
(b)βAllowances for burial from the Department of Veterans Affairs [;] or other money provided by the Federal Government for the support of veterans cemeteries;
(c)βReceipts from the sale of gifts and general merchandise; [and]
(d)βGrants obtained by the Executive Director or the Deputy Executive Director for the support of veterans cemeteries; and
(e)βExcept as otherwise provided in subsection 6 and NRS 417.145 and 417.147, gifts of money and proceeds derived from the sale of gifts of personal property that he is authorized to accept, if the use of such gifts has not been restricted by the donor,
must be deposited with the State Treasurer for credit to the Account for Veterans Affairs and must be accounted for separately for a veterans cemetery in northern Nevada or a veterans cemetery in southern Nevada, whichever is appropriate.
3.ββThe interest and income earned on the money deposited pursuant to subsection 2, after deducting any applicable charges, must be accounted for separately. Interest and income must not be computed on:
(a)βMoney appropriated from the State General Fund to the Account for Veterans Affairs.
(b)βFees charged pursuant to NRS 417.110 that are deposited in the Account for Veterans Affairs.
4.ββ[Except as otherwise provided in subsection 6, the] The money deposited pursuant to subsection 2 may only be used for the operation and maintenance of the cemetery for which the money was collected. In addition to personnel he is authorized to employ pursuant to NRS 417.200, the Executive Director may use money deposited pursuant to subsection 2 to employ such additional employees as are necessary for the operation and maintenance of the cemeteries, except that the number of such additional full-time employees that the Executive Director may employ at each cemetery must not exceed 60 percent of the number of full-time employees for national veterans cemeteries that is established by the National Cemetery Administration of the United States Department of Veterans Affairs.
κ2003 Statutes of Nevada, Page 868 (CHAPTER 165, AB 405)κ
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to personnel he is authorized to employ pursuant to NRS 417.200, the Executive Director may use money deposited pursuant to subsection 2 to employ such additional employees as are necessary for the operation and maintenance of the cemeteries, except that the number of such additional full-time employees that the Executive Director may employ at each cemetery must not exceed 60 percent of the number of full-time employees for national veterans cemeteries that is established by the National Cemetery Administration of the United States Department of Veterans Affairs.
5.ββExcept as otherwise provided in subsection [6,] 7, gifts of personal property which the Executive Director or the Deputy Executive Director is authorized to receive but which are not appropriate for conversion to money may be used in kind.
6.ββThe Gift Account for Veterans Cemeteries is hereby created in the State General Fund. [The Executive Director or the Deputy Executive Director shall use gifts of money or personal property that he is authorized to accept and for which the donor has restricted to one or more uses at a veterans cemetery, only in the manner designated by the donor.] Gifts of money that the Executive Director or the Deputy Executive Director is authorized to accept and [for] which the donor has restricted to one or more uses at a veterans cemetery must be accounted for separately in the Gift Account for Veterans Cemeteries. The interest and income earned on the money deposited pursuant to this subsection must, after deducting any applicable charges, be accounted for separately for a veterans cemetery in northern Nevada or a veterans cemetery in southern Nevada, as applicable. Any money remaining in the Gift Account for Veterans Cemeteries at the end of each fiscal year does not revert to the State General Fund, but must be carried over into the next fiscal year.
7.ββThe Executive Director or the Deputy Executive Director shall use gifts of money or personal property that he is authorized to accept and for which the donor has restricted to one or more uses at a veterans cemetery in the manner designated by the donor, except that if the original purpose of the gift has been fulfilled or the original purpose cannot be fulfilled for good cause, any money or personal property remaining in the gift may be used for other purposes at the veterans cemetery in northern Nevada or the veterans cemetery in southern Nevada, as appropriate.
Sec.β2.ββSubsection 7 of NRS 417.220 applies to gifts of money and of personal property donated:
1.ββOn or after July 1, 2003; and
2.ββBefore July 1, 2003, that are remaining after that date.
Sec.β3.ββThis act becomes effective on July 1, 2003.
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κ2003 Statutes of Nevada, Page 869κ
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Assembly Bill No. 421Assemblywoman Weber
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CHAPTER 166
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AN ACT relating to elections; requiring that the names of candidates for certain nonpartisan offices who are unopposed be placed on the ballot for a primary election; requiring that, under certain circumstances, such a candidate be declared elected to office following the primary election and that his name not be placed on the ballot for a general election; and providing other matters properly relating thereto.
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[Approved: May 22, 2003]
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Sectionβ1.ββNRS 293.260 is hereby amended to read as follows:
293.260ββ1.ββWhere there is no contest of election for nomination to a particular office, neither the title of the office nor the name of the candidate may appear on the ballot.
2.ββIf more than one major political party has candidates for a particular office, the persons who receive the highest number of votes at the primary elections must be declared the nominees of those parties for the office.
3.ββIf only one major political party has candidates for a particular office and a minor political party has nominated a candidate for the office or an independent candidate has filed for the office, the candidate who receives the highest number of votes in the primary election of the major political party must be declared the nominee of that party and his name must be placed on the general election ballot with the name of the nominee of the minor political party for the office and the name of the independent candidate who has filed for the office.
4.ββIf only one major political party has candidates for a particular office and no minor political party has nominated a candidate for the office [or] and no independent candidate has filed for the office:
(a)βIf there are more candidates than twice the number to be elected to the office, the names of the candidates must appear on the ballot for a primary election. Except as otherwise provided in this paragraph, the candidates of that party who receive the highest number of votes in the primary election, not to exceed twice the number to be elected to that office at the general election, must be declared the nominees for the office. If only one candidate is to be elected to the office and a candidate receives a majority of the votes in the primary election for that office, that candidate must be declared the nominee for that office and his name must be placed on the ballot for the general election.
(b)βIf there are no more than twice the number of candidates to be elected to the office, the candidates must, without a primary election, be declared the nominees for the office.
5.ββWhere no more than the number of candidates to be elected have filed for nomination for [any office,] :
(a)βAny partisan office or the office of justice of the Supreme Court, the names of those candidates must be omitted from all ballots for a primary election and placed on all ballots for a general election; and
κ2003 Statutes of Nevada, Page 870 (CHAPTER 166, AB 421)κ
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(b)βAny nonpartisan office, other than the office of justice of the Supreme Court, the names of those candidates must appear on the ballot for a primary election unless the candidates were nominated pursuant to subsection 2 of NRS 293.165. If a candidate receives one or more votes at the primary election, he must be declared elected to the office and his name must not be placed on the ballot for the general election. If a candidate does not receive one or more votes at the primary election, his name must be placed on the ballot for the general election.
6.ββIf there are more candidates than twice the number to be elected to a nonpartisan office, the names of the candidates must appear on the ballot for a primary election. Those candidates who receive the highest number of votes at that election, not to exceed twice the number to be elected, must be declared nominees for the office.
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Assembly Bill No. 424Assemblyman Geddes (by request)
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CHAPTER 167
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AN ACT relating to state purchasing; revising the provisions concerning certain penalties for a person who has entered into a contract with an agency of this state and who fails to perform according to the terms of the contract; and providing other matters properly relating thereto.
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[Approved: May 22, 2003]
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Sectionβ1.ββNRS 333.365 is hereby amended to read as follows:
333.365ββ1.ββA person who has entered into a contract with the Purchasing Division or another agency of this state and who does not perform according to the terms of the contract is liable for, in addition to any other applicable damages for breach of contract, a penalty of not more than 5 percent of the total value of the bid [.] or contract. The penalty must be recovered in a civil action upon the complaint of the Chief in any court of competent jurisdiction. In addition to recovering the penalty and any other applicable damages, the Chief may [remove the name of the person from the list of bidders and] refuse to accept a bid from [him] the person or refuse to award a contract to the person, or both, for not more than 2 years.
2.ββIf the Chief does not bring an action to recover the penalty prescribed by subsection 1, he may:
(a)β[Remove the name of the person from the list of bidders and refuse] Refuse to accept a bid from [him] the person, refuse to award a contract to the person, or both, for not more than 2 years; and
(b)βImpose an administrative penalty, in an amount not to exceed 5 percent of the total value of the bid [.] or contract. Such a penalty may be recovered only after notice is given to the person by mail.
3.ββ[If the Chief has removed the name of a person from the list of bidders, that person must apply to the Chief to have his name reinstated on the list of bidders.
κ2003 Statutes of Nevada, Page 871 (CHAPTER 167, AB 424)κ
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4.]ββA penalty imposed pursuant to subsection 1 or 2 may be deducted from any payment due the person or, if a bond has been issued or a check received, a claim may be made against the bond or check. If no payment is due and no bond was issued or check received, the Chief may issue a claim for payment of the penalty. The claim must be paid within 30 days.
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Assembly Bill No. 443Committee on Judiciary
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CHAPTER 168
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AN ACT relating to controlled substances; providing for an additional penalty for selling or providing certain controlled substances where the use of the controlled substance results in death or substantial bodily harm and the defendant failed to render or seek the necessary medical assistance; and providing other matters properly relating thereto.
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[Approved: May 22, 2003]
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Sectionβ1.ββChapter 453 of NRS is hereby amended by adding thereto a new section to read as follows:
1.ββExcept as otherwise provided in NRS 193.169, a defendant who is found guilty of violating NRS 453.321 or 453.333 where:
(a)βThe use of the controlled substance by a person resulted in death or substantial bodily harm to the person;
(b)βThe defendant was in the presence of the injured person when he manifested an adverse physical reaction to the controlled substance; and
(c)βThe defendant failed to render or seek necessary medical assistance for the injured person in a timely manner,
shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this section runs consecutively with the sentence prescribed by statute for the crime.
2.ββThis section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
Sec.β2.ββNRS 193.169 is hereby amended to read as follows:
193.169ββ1.ββA person who is sentenced to an additional term of imprisonment pursuant to the provisions of subsection 1 of NRS 193.161, NRS 193.162, 193.163, 193.165, 193.167, 193.1675, 193.168 or 453.3345 or section 1 of this act must not be sentenced to an additional term of imprisonment pursuant to any of the other listed sections even if the persons conduct satisfies the requirements for imposing an additional term of imprisonment pursuant to another one or more of those sections.
2.ββA person who is sentenced to an alternative term of imprisonment pursuant to subsection 2 of NRS 193.161 must not be sentenced to an additional term of imprisonment pursuant to subsection 1 of NRS 193.161, NRS 193.162, 193.163, 193.165, 193.167, 193.1675, 193.168 or 453.3345 or section 1 of this act even if the persons conduct satisfies the requirements for imposing an additional term of imprisonment pursuant to another one or more of those sections.
κ2003 Statutes of Nevada, Page 872 (CHAPTER 168, AB 443)κ
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section 1 of this act even if the persons conduct satisfies the requirements for imposing an additional term of imprisonment pursuant to another one or more of those sections.
3.ββThis section does not:
(a)βAffect other penalties or limitations upon probation or suspension of a sentence contained in the sections listed in subsection 1 or 2.
(b)βProhibit alleging in the alternative in the indictment or information that the persons conduct satisfies the requirements of more than one of the sections listed in subsection 1 or 2 and introducing evidence to prove the alternative allegations.
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Assembly Bill No. 445Committee on Health and Human Services
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CHAPTER 169
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AN ACT relating to welfare; transferring certain duties relating to Medicaid from the Welfare Division of the Department of Human Resources to the Department of Human Resources and from the State Welfare Administrator to the Director of the Department of Human Resources; revising the definition of the undivided estate of a deceased recipient of Medicaid; requiring the Director of the Department of Human Resources to adopt certain regulations; providing that certain provisions of law do not apply to the recovery of money owed to the Department of Human Resources as a result of the payment of benefits for Medicaid; repealing the requirement that the State Plan for Medicaid include a requirement that certain senior citizens are eligible for Medicaid for long-term care; and providing other matters properly relating thereto.
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[Approved: May 22, 2003]
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Sectionβ1.ββChapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:
The Director:
1.ββShall administer the provisions of NRS 422.2935 to 422.2936, inclusive;
2.ββMay adopt such regulations as are necessary for the administration of those provisions; and
3.ββMay invoke any legal, equitable or special procedures for the enforcement of those provisions.
Sec.β2.ββNRS 422.054 is hereby amended to read as follows:
422.054ββUndivided estate means all real and personal property and other assets included in the estate of a deceased recipient of Medicaid and any other real and personal property and other assets in or to which he had an interest or legal title immediately before or at the time of his death, to the extent of that interest or title. The term includes, without limitation, assets conveyed to a survivor, heir or assign of the deceased recipient through or as the result of any joint tenancy, tenancy in common, survivorship, life estate, living trust , annuity, declaration of homestead or other arrangement .
κ2003 Statutes of Nevada, Page 873 (CHAPTER 169, AB 445)κ
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the result of any joint tenancy, tenancy in common, survivorship, life estate, living trust , annuity, declaration of homestead or other arrangement . [, including, without limitation, any of the decedents separate property and his interest in community property that was transferred to a community spouse pursuant to NRS 123.259 or pursuant to an order of a district court under any other provision of law.]
Sec.β3.ββNRS 422.222 is hereby amended to read as follows:
422.222ββThe State Welfare Administrator may adopt such regulations as are necessary for the administration of NRS 422.160 to 422.2345, inclusive, 422.2931 to [422.2936,] 422.29324, inclusive, and 422.310 to 422.3754, inclusive, and any program of the Welfare Division.
Sec.β4.ββNRS 422.230 is hereby amended to read as follows:
422.230ββThe State Welfare Administrator shall:
1.ββSupply the Director with material on which to base proposed legislation.
2.ββCooperate with the Federal Government and state governments for the more effective attainment of the purposes of this chapter.
3.ββCoordinate the activities of the Welfare Division with other agencies, both public and private, with related or similar activities.
4.ββKeep a complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.
5.ββInform the public in regard to the activities and operation of the Welfare Division, and provide other information which will acquaint the public with problems relating to welfare.
6.ββConduct studies into the causes of the social problems with which the Welfare Division is concerned.
7.ββProvide leadership in the community in order that all welfare activities are pointed toward the single goal of improving the public welfare.
8.ββInvoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of the provisions of NRS 422.160 to 422.2345, inclusive, 422.2931 to [422.2936,] 422.29324, inclusive, and 422.310 to 422.3754, inclusive.
9.ββExercise any other powers that are necessary and proper for the standardization of state work, to expedite business, to ensure fair consideration of applications for aid, and to promote the efficiency of the service provided by the Welfare Division.
Sec.β5.ββNRS 422.240 is hereby amended to read as follows:
422.240ββ1.ββMoney to carry out the provisions of NRS 422.001 to 422.410, inclusive, and section 1 of this act and 422.580, including, without limitation, any federal money allotted to the State of Nevada pursuant to the program to provide Temporary Assistance for Needy Families and the Program for Child Care and Development, must be provided by appropriation by the Legislature from the State General Fund.
2.ββDisbursements for the purposes of NRS 422.001 to 422.410, inclusive, and section 1 of this act and 422.580 must be made upon claims duly filed, audited and allowed in the same manner as other money in the State Treasury is disbursed.
Sec.β6.ββNRS 422.272 is hereby amended to read as follows:
422.272ββ1.ββ[Except as otherwise provided in NRS 422.2725, the] The Director shall include in the State Plan for Medicaid a requirement that the State shall pay the nonfederal share of expenditures for the medical, administrative and transactional costs, to the extent not covered by private insurance, of a person:
κ2003 Statutes of Nevada, Page 874 (CHAPTER 169, AB 445)κ
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administrative and transactional costs, to the extent not covered by private insurance, of a person:
(a)βWho is admitted to a hospital, facility for intermediate care or facility for skilled nursing for not less than 30 consecutive days;
(b)βWho is covered by the State Plan for Medicaid; and
(c)βWhose net countable income per month is not more than $775 or 156 percent of the supplemental security income benefit rate established pursuant to 42 U.S.C. § 1382(b)(1), whichever is greater.
2.ββAs used in this section:
(a)βFacility for intermediate care has the meaning ascribed to it in NRS 449.0038.
(b)βFacility for skilled nursing has the meaning ascribed to it in NRS 449.0039.
(c)βHospital has the meaning ascribed to it in NRS 449.012.
Sec.β7.ββNRS 422.2931 is hereby amended to read as follows:
422.2931ββThe State Welfare Administrator and the Welfare Division shall administer the provisions of NRS 422.160 to 422.2345, inclusive, 422.2931 to [422.2936,] 422.29324, inclusive, and 422.310 to 422.3754, inclusive, subject to administrative supervision by the Director.
Sec.β8.ββNRS 422.2935 is hereby amended to read as follows:
422.2935ββ1.ββExcept as otherwise provided in this section and to the extent it is not prohibited by federal law and when circumstances allow, the [Welfare Division] Department shall recover benefits correctly paid for Medicaid from:
(a)βThe undivided estate of the person who received those benefits; and
(b)βAny recipient of money or property from the undivided estate of the person who received those benefits.
2.ββThe [Welfare Division] Department shall not recover benefits pursuant to subsection 1, except from a person who is neither a surviving spouse nor a child, until after the death of the surviving spouse, if any, and only at a time when the person who received the benefits has no surviving child who is under 21 years of age , [or is] blind or [permanently and totally] disabled.
3.ββExcept as otherwise provided by federal law, if a transfer of real or personal property by a recipient of Medicaid is made for less than fair market value, the [Welfare Division] Department may pursue any remedy available pursuant to chapter 112 of NRS with respect to the transfer.
4.ββThe amount of Medicaid paid to or on behalf of a person is a claim against the estate in any probate proceeding only at a time when there is no surviving spouse or surviving child who is under 21 years of age , [or is] blind or [permanently and totally] disabled.
5.ββThe [State Welfare Administrator] Director may elect not to file a claim against the estate of a recipient of Medicaid or his spouse if [he] the Director determines that the filing of the claim will cause an undue hardship for the spouse or other survivors of the recipient. The [State Welfare Administrator] Director shall adopt regulations defining the circumstances that constitute an undue hardship.
6.ββAny recovery of money obtained pursuant to this section must be applied first to the cost of recovering the money. Any remaining money must be divided among the Federal Government, the Department and the county in the proportion that the amount of assistance each contributed to the recipient bears to the total amount of the assistance contributed.
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7.ββAny recovery by the [Welfare Division] Department from the undivided estate of a recipient pursuant to this section must be paid in cash to the extent of:
(a)βThe amount of Medicaid paid to or on behalf of the recipient after October 1, 1993; or
(b)βThe value of the remaining assets in the undivided estate,
whichever is less.
Sec.β9.ββNRS 422.29353 is hereby amended to read as follows:
422.29353ββ1.ββExcept as otherwise provided in this section, the [Welfare Division] Department shall, to the extent that it is not prohibited by federal law, recover from a recipient of public assistance, the estate of the recipient, the undivided estate of a recipient of Medicaid or a person who signed the application for public assistance on behalf of the recipient an amount not to exceed the amount of public assistance incorrectly paid to the recipient, if the person who signed the application:
(a)βFailed to report any required information to the [Welfare Division] Department that the person knew at the time he signed the application; or
(b)βFailed to report to the [Welfare Division] Department within the period allowed by the [Welfare Division] Department any required information that the person obtained after he filed the application.
2.ββExcept as otherwise provided in this section, a recipient of incorrectly paid public assistance, the undivided estate of a recipient of Medicaid or a person who signed the application for public benefits on behalf of the recipient shall reimburse the [Division] Department or appropriate state agency for the value of the incorrectly paid public assistance.
3.ββThe [State Welfare Administrator] Director or his designee may, to the extent that it is not prohibited by federal law, determine the amount of, and settle, adjust, compromise or deny a claim against a recipient of public assistance, the estate of the recipient, the undivided estate of a recipient of Medicaid or a person who signed the application for public assistance on behalf of the recipient.
4.ββThe [State Welfare Administrator] Director may, to the extent that it is not prohibited by federal law, waive the repayment of public assistance incorrectly paid to a recipient if the incorrect payment was not the result of an intentional misrepresentation or omission by the recipient and if repayment would cause an undue hardship to the recipient. The [State Welfare Administrator] Director shall, by regulation, establish the terms and conditions of such a waiver, including, without limitation, the circumstances that constitute undue hardship.
Sec.β10.ββNRS 422.29355 is hereby amended to read as follows:
422.29355ββ1.ββThe [Welfare Division] Department may, to the extent not prohibited by federal law, petition for the imposition of a lien pursuant to the provisions of NRS 108.850 against real or personal property of a recipient of Medicaid as follows:
(a)βThe [Welfare Division] Department may obtain a lien against a recipients property, both real or personal, before or after his death in the amount of assistance paid or to be paid on his behalf if the court determines that assistance was incorrectly paid for the recipient.
(b)βThe [Welfare Division] Department may seek a lien against the real property of a recipient at any age before his death in the amount of assistance paid or to be paid for him if he is an inpatient in a nursing facility, intermediate care facility for the mentally retarded or other medical institution and the [Welfare Division] Department determines, after notice and opportunity for a hearing in accordance with [its] applicable regulations, that [he] the recipient cannot reasonably be expected to be discharged and return home.
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intermediate care facility for the mentally retarded or other medical institution and the [Welfare Division] Department determines, after notice and opportunity for a hearing in accordance with [its] applicable regulations, that [he] the recipient cannot reasonably be expected to be discharged and return home.
2.ββNo lien may be placed on a recipients home pursuant to paragraph (b) of subsection 1 for assistance correctly paid if:
(a)βHis spouse;
(b)βHis child who is under 21 years of age , [or] blind or [permanently and totally] disabled as determined in accordance with 42 U.S.C. § 1382c; or
(c)βHis brother or sister who is an owner or part owner of the home and who was residing in the home for at least 1 year immediately before the date the recipient was admitted to the medical institution,
is lawfully residing in the home.
3.ββUpon the death of a recipient , the [Welfare Division] Department may seek a lien upon [his] the recipients undivided estate as defined in NRS 422.054.
4.ββThe [State Welfare Administrator] Director shall release a lien pursuant to this section:
(a)βUpon notice by the recipient or his representative to the [Administrator] Director that the recipient has been discharged from the medical institution and has returned home;
(b)βIf the lien was incorrectly determined; or
(c)βUpon satisfaction of the claim of the [Welfare Division.] Department.
Sec.β11.ββNRS 422.2936 is hereby amended to read as follows:
422.2936ββEach application for Medicaid must include:
1.ββA statement that any assistance paid to a recipient may be recovered in an action filed against the estate of the recipient or his spouse; and
2.ββA statement that any person who signs an application for Medicaid and fails to report:
(a)βAny required information to the [Welfare Division] Department which he knew at the time he signed the application; or
(b)βWithin the period allowed by the [Welfare Division,] Department, any required information to the [Welfare Division] Department which he obtained after he filed the application,
may be personally liable for any money incorrectly paid to the recipient.
Sec.β12.ββNRS 40.525 is hereby amended to read as follows:
40.525ββ1.ββIf title or an interest in real or personal property is affected by the death of any person, any other person who claims any interest in the real or personal property, if his interest is affected by the death of that person, or the State of Nevada, may file in the district court of any county in which any part of the real or personal property is situated a verified petition setting forth those facts and particularly describing the real or personal property, the interest of the petitioner and the interest of the deceased therein.
2.ββThe clerk shall set the petition for hearing by the court. Notice of hearing of the petition must be mailed, by certified mail, return receipt requested, postage prepaid, to the heirs at law of the deceased person at their places of business or residences, if known, and if not, by publication for at least 3 successive weeks in such newspaper as the court orders. The clerk shall send a copy of the notice of hearing or of the affidavit to the [Welfare Division of the] Department of Human Resources by certified mail, return receipt requested, postage prepaid, if the State is not the petitioner, at the time notice is mailed to the heirs at law or the notice is published.
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receipt requested, postage prepaid, if the State is not the petitioner, at the time notice is mailed to the heirs at law or the notice is published. Failure on the part of any such heir at law to contest the petition precludes any such heir at law from thereafter contesting the validity of the joint interest or its creation or termination.
3.ββThe court shall take evidence for or against the petition, and may render judgment thereon establishing the fact of the death and the termination of the interest of the deceased in the real or personal property described in the petition.
4.ββA certified copy of the decree may be recorded in the office of the recorder of each county in which any part of the real or personal property is situated.
5.ββAs an alternative method of terminating the interest of the deceased person, if title or an interest in real or personal property held in joint tenancy or as community property with right of survivorship is affected by the death of a joint tenant or spouse, any person who has knowledge of the facts may record in the office of the county recorder in the county where the property is situated an affidavit meeting the requirements of NRS 111.365, accompanied by a certified copy of the death certificate of the deceased person.
Sec.β13.ββNRS 108.860 is hereby amended to read as follows:
108.860ββ1.ββA petition for the imposition of a lien must be signed by or on behalf of the [State Welfare Administrator] Director of the Department of Human Resources or the Attorney General and filed with the clerk of the court, who shall set the petition for hearing.
2.ββNotice of a petition for the imposition of a lien must be given by registered or certified mail, postage prepaid, at least 10 days before the date set for hearing or other action by the court. Each such notice must be addressed to the intended recipient at his last address known to the [Administrator,] Director, receipt for delivery requested. The [Administrator] Director shall cause the notice to be published, at least once a week for 3 successive weeks, in one newspaper published in the county, and if there is no newspaper published in the county, then in such mode as the court may determine, notifying all persons claiming any interest in the property of the filing of the petition, the object and the location, date and time of the hearing.
3.ββNotice of a petition for the imposition of a lien must be given to:
(a)βEach person who has requested notice;
(b)βThe person who is receiving or has received benefits for Medicaid;
(c)βThe legal guardian or representative of a person who is receiving or has received benefits for Medicaid, if any;
(d)βEach executor, administrator or trustee of the estate of a decedent who received benefits for Medicaid, if any;
(e)βThe heirs of such a decedent known to the [Administrator;] Director; and
(f)βEach person who is claiming any interest in the property or who is listed as having any interest in the subject property,
and must state the filing of the petition, the object, and the time set for hearing.
4.ββAt the time appointed, or at any other time to which the hearing may be continued, upon proof being made by affidavit or otherwise to the satisfaction of the court that notice has been given as required by this chapter, the court shall proceed to hear the testimony in support of the petition.
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chapter, the court shall proceed to hear the testimony in support of the petition. Each witness who appears and is sworn shall testify orally.
5.ββThe court shall make findings as to the appropriateness of the lien and the amount of the lien.
6.ββAt the time of the filing of the petition for imposition of a lien , the [Administrator] Director shall file a notice of pendency of the action in the manner provided in NRS 14.010.
7.ββUpon imposition of the lien by the court, the [Administrator] Director shall serve the notice of lien upon the owner by certified or registered mail and file it with the office of the county recorder of each county where real property subject to the lien is located.
8.ββThe notice of lien must contain:
(a)βThe amount due;
(b)βThe name of the owner of record of the property; and
(c)βA description of the property sufficient for identification.
9.ββIf the amount due as stated in the notice of lien is reduced by a payment, the [Administrator] Director shall amend the notice of lien, stating the amount then due, within 20 days after receiving the payment.
Sec.β14.ββNRS 108.870 is hereby amended to read as follows:
108.870ββThe [State Welfare Administrator] Director of the Department of Human Resources may, to the extent not prohibited by 42 U.S.C. § 1396p(b), foreclose upon a lien for money owed to the Department of Human Resources as a result of the payment of benefits for Medicaid by action in the district court in the same manner as for foreclosure of any other lien.
Sec.β15.ββNRS 111.365 is hereby amended to read as follows:
111.365ββ1.ββIn the case of real property owned by two or more persons as joint tenants or as community property with right of survivorship, it is presumed that all title or interest in and to that real property of each of one or more deceased joint tenants or the deceased spouse has terminated, and vested solely in the surviving joint tenant or spouse or vested jointly in the surviving joint tenants, if there has been recorded in the office of the recorder of the county or counties in which the real property is situate an affidavit, subscribed and sworn to by a person who has knowledge of the facts required in this subsection, which sets forth the following:
(a)βThe family relationship, if any, of the affiant to each deceased joint tenant or the deceased spouse;
(b)βA description of the instrument or conveyance by which the joint tenancy or right of survivorship was created;
(c)βA description of the property subject to the joint tenancy or right of survivorship; and
(d)βThe date and place of death of each deceased joint tenant or the deceased spouse.
2.ββEach month, a county recorder shall send all the information contained in each affidavit received by him pursuant to subsection 1 during the immediately preceding month to the [Welfare Division of the] Department of Human Resources in any format and by any medium approved by the [Welfare Division.] Department.
Sec.β16.ββChapter 115 of NRS is hereby amended by adding thereto a new section to read as follows:
Nothing in this chapter exempts any real or personal property from any statute of this state that authorizes the recovery of money owed to the Department of Human Resources as a result of the payment of benefits from Medicaid through the imposition or foreclosure of a lien against the property of a recipient of Medicaid in the manner set forth in NRS 422.2935 to 422.2936, inclusive.
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Department of Human Resources as a result of the payment of benefits from Medicaid through the imposition or foreclosure of a lien against the property of a recipient of Medicaid in the manner set forth in NRS 422.2935 to 422.2936, inclusive.
Sec.β17.ββNRS 115.005 is hereby amended to read as follows:
115.005ββAs used in this chapter, unless the context otherwise requires:
1.ββEquity means the amount that is determined by subtracting from the fair market value of the property [,] the value of any liens excepted from the homestead exemption pursuant to subsection 3 of NRS 115.010 [.] or section 16 of this act.
2.ββHomestead means the property consisting of:
(a)βA quantity of land, together with the dwelling house thereon and its appurtenances;
(b)βA mobile home whether or not the underlying land is owned by the claimant; or
(c)βA unit, whether real or personal property, existing pursuant to chapter 116 or 117 of NRS, with any appurtenant limited common elements and its interest in the common elements of the common-interest community,
to be selected by the husband and wife, or either of them, or a single person claiming the homestead.
Sec.β18.ββNRS 115.010 is hereby amended to read as follows:
115.010ββ1.ββThe homestead is not subject to forced sale on execution or any final process from any court, except as otherwise provided by subsections 2, 3 and 5 [.] , and section 16 of this act.
2.ββThe exemption provided in subsection 1 extends only to that amount of equity in the property held by the claimant which does not exceed $125,000 in value, unless allodial title has been established and not relinquished, in which case the exemption provided in subsection 1 extends to all equity in the dwelling, its appurtenances and the land on which it is located.
3.ββExcept as otherwise provided in subsection 4, the exemption provided in subsection 1 does not extend to process to enforce the payment of obligations contracted for the purchase of the property, or for improvements made thereon, including any mechanics lien lawfully obtained, or for legal taxes, or for:
(a)βAny mortgage or deed of trust thereon executed and given; or
(b)βAny lien to which prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070,
by both husband and wife, when that relation exists.
4.ββIf allodial title has been established and not relinquished, the exemption provided in subsection 1 extends to process to enforce the payment of obligations contracted for the purchase of the property, and for improvements made thereon, including any mechanics lien lawfully obtained, and for legal taxes levied by a state or local government, and for:
(a)βAny mortgage or deed of trust thereon; and
(b)βAny lien even if prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070,
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any lien in favor of an association pursuant to NRS 116.3116 or 117.070,
unless a waiver for the specific obligation to which the judgment relates has been executed by all allodial titleholders of the property.
5.ββEstablishment of allodial title does not exempt the property from forfeiture pursuant to NRS 179.1156 to 179.119, inclusive, or 207.350 to 207.520, inclusive.
6.ββAny declaration of homestead which has been filed before October 1, 1995, shall be deemed to have been amended on that date by extending the homestead exemption commensurate with any increase in the amount of equity held by the claimant in the property selected and claimed for the exemption up to the amount permitted by law on that date, but the increase does not impair the right of any creditor to execute upon the property when that right existed before October 1, 1995.
Sec.β19.ββNRS 136.100 is hereby amended to read as follows:
136.100ββ1.ββA petition for the probate of a will and for the issuance of letters must be signed by the party petitioning, or the attorney for the petitioner, and filed with the clerk of the court, who shall set the petition for hearing.
2.ββThe petitioner shall give notice of the hearing for the period and in the manner provided in NRS 155.020 to the heirs of the testator and the devisees named in the will, to all persons named as personal representatives who are not petitioning and to the [Administrator of the Welfare Division] Director of the Department of Human Resources. The notice must be substantially in the form provided in that section.
Sec.β20.ββNRS 139.100 is hereby amended to read as follows:
139.100ββThe clerk shall set the petition for hearing, and notice must be given to the heirs of the decedent and to the [Administrator of the Welfare Division] Director of the Department of Human Resources as provided in NRS 155.020. The notice must state the filing of the petition, the object and the time for hearing.
Sec.β21.ββNRS 143.035 is hereby amended to read as follows:
143.035ββ1.ββA personal representative shall use reasonable diligence in performing the duties of the personal representative and in pursuing the administration of the estate.
2.ββA personal representative in charge of an estate that has not been closed shall:
(a)βWithin 6 months after the personal representatives appointment, where no federal estate tax return is required to be filed for the estate; or
(b)βWithin 15 months after the personal representatives appointment, where a federal estate tax return is required to be filed for the estate,
file with the court a report explaining why the estate has not been closed.
3.ββUpon receiving the report, the clerk shall set a time and place for a hearing of the report. The personal representative shall send a copy of the report and shall give notice of the hearing, for the period and in the manner provided in NRS 155.010, to:
(a)βEach person whose interest is affected as an heir or devisee; and
(b)βThe [Welfare Division of the] Department of Human Resources, if the [Welfare Division] Department has filed a claim against the estate.
4.ββAt the hearing, the court shall determine whether or not the personal representative has used reasonable diligence in the administration of the estate, and if the personal representative has not, the court may:
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(a)βSubject to the provisions of NRS 143.037:
(1)βPrescribe the time within which the estate must be closed; or
(2)βAllow the personal representative additional time for closing and order a subsequent report; or
(b)βRevoke the letters of the personal representative, appoint a successor and prescribe a reasonable time within which the successor shall close the estate.
Sec.β22.ββNRS 145.060 is hereby amended to read as follows:
145.060ββ1.ββA personal representative shall publish and mail notice to creditors in the manner provided in NRS 155.020.
2.ββCreditors of the estate must file their claims, due or to become due, with the clerk, within 60 days after the mailing to the creditors for those required to be mailed, or 60 days after the first publication of the notice to creditors pursuant to NRS 155.020, and within 10 days thereafter the personal representative shall allow or reject the claims filed.
3.ββAny claim which is not filed within the 60 days is barred forever, except that if it is made to appear, by the affidavit of the claimant or by other proof to the satisfaction of the court, that the claimant did not have notice as provided in NRS 155.020, the claim may be filed at any time before the filing of the final account.
4.ββEvery claim which is filed as provided in this section and allowed by the personal representative [,] must then, and not until then, be ranked as an acknowledged debt of the estate and be paid in the course of administration, except that payment of small debts in advance may be made pursuant to subsection 3 of NRS 150.230.
5.ββIf a claim filed by the [Welfare Division of the] Department of Human Resources is rejected by the personal representative, the [State Welfare Administrator] Director of the Department may, within 20 days after receipt of the written notice of rejection, petition the court for summary determination of the claim. A petition for summary determination must be filed with the clerk, who shall set the petition for hearing, and the petitioner shall give notice for the period and in the manner required by NRS 155.010. Allowance of the claim by the court is sufficient evidence of its correctness, and it must be paid as if previously allowed by the personal representative.
Sec.β23.ββNRS 146.070 is hereby amended to read as follows:
146.070ββ1.ββIf a person dies leaving an estate the gross value of which, after deducting any encumbrances, does not exceed $50,000, and there is a surviving spouse or minor child or minor children of the decedent, the estate must not be administered upon, but the whole estate, after directing such payments as may be deemed just, must be, by an order for that purpose, assigned and set apart for the support of the surviving spouse or minor child or minor children, or for the support of the minor child or minor children, if there is no surviving spouse. Even if there is a surviving spouse, the court may, after directing such payments, set aside the whole of the estate to the minor child or minor children, if it is in their best interests.
2.ββIf there is no surviving spouse or minor child of the decedent and the gross value of a decedents estate, after deducting any encumbrances, does not exceed $50,000, upon good cause shown, the court shall order that the estate not be administered upon, but the whole estate be assigned and set apart in the following order:
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(a)βTo the payment of funeral expenses, expenses of last illness, money owed to the Department of Human Resources as a result of payment of benefits for Medicaid and creditors, if there are any; and
(b)βAny balance remaining to the claimant or claimants entitled thereto pursuant to a valid will of the decedent, and if there is no valid will, pursuant to intestate succession.
3.ββProceedings taken under this section, whether or not the decedent left a valid will, must not begin until at least 30 days after the death of the decedent and must be originated by a petition containing:
(a)βA specific description of all the decedents property.
(b)βA list of all the liens and mortgages of record at the date of the decedents death.
(c)βAn estimate of the value of the property.
(d)βA statement of the debts of the decedent so far as known to the petitioner.
(e)βThe names and residences of the heirs and devisees of the decedent and the age of any who is a minor and the relationship of the heirs and devisees to the decedent, so far as known to the petitioner.
4.ββThe clerk shall set the petition for hearing and the petitioner shall give notice of the petition and hearing in the manner provided in NRS 155.010 to the decedents heirs and devisees and to the [State Welfare Administrator.] Director of the Department of Human Resources. If a complete copy of the petition is not enclosed with the notice, the notice must include a statement setting forth to whom the estate is being set aside.
5.ββNo court or clerks fees may be charged for the filing of any petition in, or order of court thereon, or for any certified copy of the petition or order in an estate not exceeding $2,500 in value.
6.ββIf the court finds that the gross value of the estate, less encumbrances, does not exceed the sum of $50,000, the court may direct that the estate be distributed to the father or mother of a minor heir or devisee, with or without the filing of any bond, or to a custodian under chapter 167 of NRS, or may require that a general guardian be appointed and that the estate be distributed to the guardian, with or without bond, as in the discretion of the court is deemed to be in the best interests of the minor. The court may direct the manner in which the money may be used for the benefit of the minor.
Sec.β24.ββNRS 146.080 is hereby amended to read as follows:
146.080ββ1.ββIf a decedent leaves no real property, nor interest therein, nor mortgage or lien thereon, in this state, and the gross value of the decedents property in this state, over and above any amounts due to the decedent for services in the Armed Forces of the United States, does not exceed $20,000, a person who has a right to succeed to the property of the decedent pursuant to the laws of succession for a decedent who died intestate or pursuant to the valid will of a decedent who died testate, on behalf of all persons entitled to succeed to the property claimed, or the [State Welfare Administrator] Director of the Department of Human Resources or public administrator on behalf of the State or others entitled to the property, may, 40 days after the death of the decedent, without procuring letters of administration or awaiting the probate of the will, collect any money due the decedent, receive the property of the decedent, and have any evidences of interest, indebtedness or right transferred to the claimant upon furnishing the person, representative, corporation, officer or body owing the money, having custody of the property or acting as registrar or transfer agent of the evidences of interest, indebtedness or right, with an affidavit showing the right of the affiant or affiants to receive the money or property or to have the evidence transferred.
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custody of the property or acting as registrar or transfer agent of the evidences of interest, indebtedness or right, with an affidavit showing the right of the affiant or affiants to receive the money or property or to have the evidence transferred.
2.ββAn affidavit made pursuant to this section must state:
(a)βThe affiants name and address, and that the affiant is entitled by law to succeed to the property claimed;
(b)βThe date and place of death of the decedent;
(c)βThat the gross value of the decedents property in this state, except amounts due to the decedent for services in the Armed Forces of the United States, does not exceed $20,000, and that the property does not include any real property nor interest therein, nor mortgage or lien thereon;
(d)βThat at least 40 days have elapsed since the death of the decedent, as shown in a certified copy of the certificate of death of the decedent attached to the affidavit;
(e)βThat no petition for the appointment of a personal representative is pending or has been granted in any jurisdiction;
(f)βThat all debts of the decedent, including funeral and burial expenses, and money owed to the Department of Human Resources as a result of the payment of benefits for Medicaid, have been paid or provided for;
(g)βA description of the personal property and the portion claimed;
(h)βThat the affiant has given written notice, by personal service or by certified mail, identifying the affiants claim and describing the property claimed, to every person whose right to succeed to the decedents property is equal or superior to that of the affiant, and that at least 14 days have elapsed since the notice was served or mailed;
(i)βThat the affiant is personally entitled, or the Department of Human Resources is entitled, to full payment or delivery of the property claimed or is entitled to payment or delivery on behalf of and with the written authority of all other successors who have an interest in the property; and
(j)βThat the affiant acknowledges an understanding that filing a false affidavit constitutes a felony in this state.
3.ββIf the affiant:
(a)βSubmits an affidavit which does not meet the requirements of subsection 2 or which contains statements which are not entirely true, any money or property the affiant receives is subject to all debts of the decedent.
(b)βFails to give notice to other successors as required by subsection 2, any money or property the affiant receives is held by the affiant in trust for all other successors who have an interest in the property.
4.ββA person who receives an affidavit containing the information required by subsection 2 is entitled to rely upon that information, and if the person relies in good faith, the person is immune from civil liability for actions based on that reliance.
5.ββUpon receiving proof of the death of the decedent and an affidavit containing the information required by this section:
(a)βA transfer agent of any security shall change the registered ownership of the security claimed from the decedent to the person claiming to succeed to ownership of that security.
(b)βA governmental agency required to issue certificates of ownership or registration to personal property shall issue a new certificate of ownership or registration to the person claiming to succeed to ownership of the property.
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6.ββIf any property of the estate not exceeding $20,000 is located in a state which requires an order of a court for the transfer of the property, or if the estate consists of stocks or bonds which must be transferred by an agent outside this state, any person qualified pursuant to the provisions of subsection 1 to have the stocks or bonds or other property transferred may do so by obtaining a court order directing the transfer. The person desiring the transfer must file a petition, which may be ex parte, containing:
(a)βA specific description of all the property of the decedent.
(b)βA list of all the liens and mortgages of record at the date of the decedents death.
(c)βAn estimate of the value of the property of the decedent.
(d)βThe names, ages of any minors, and residences of the decedents heirs and devisees.
(e)βA request for the court to issue an order directing the transfer of the stocks or bonds or other property if the court finds the gross value of the estate does not exceed $20,000.
(f)βAn attached copy of the executed affidavit made pursuant to subsection 2.
If the court finds that the gross value of the estate does not exceed $20,000 and the person requesting the transfer is entitled to it, the court may enter an order directing the transfer.
Sec.β25.ββNRS 147.070 is hereby amended to read as follows:
147.070ββ1.ββA claim for an amount of $250 or more filed with the clerk must be supported by the affidavit of the claimant that:
(a)βThe amount is justly due (or if the claim is not yet due, that the amount is a just demand and will be due on the ..... day of ........).
(b)βNo payments have been made thereon which are not credited.
(c)βThere are no offsets to the amount demanded to the knowledge of the claimant or other affiant.
2.ββEvery claim filed with the clerk must contain the mailing address of the claimant. Any written notice mailed by a personal representative to the claimant at the address furnished is proper notice.
3.ββWhen the affidavit is made by any other person than the claimant, the reasons why it is not made by the claimant must be set forth in the affidavit.
4.ββThe oath may be taken before any person authorized to administer oaths.
5.ββThe amount of interest must be computed and included in the statement of the claim and the rate of interest determined.
6.ββExcept as otherwise provided in subsection 7, the court may, for good cause shown, allow a defective claim or affidavit to be corrected or amended on application made at any time before the filing of the final account, but an amendment may not be made to increase the amount of a claim after the time for filing a claim has expired.
7.ββThe court shall allow the [Welfare Division of the] Department of Human Resources to amend at any time before the filing of the final account a claim for the payment of benefits for Medicaid that the [Division] Department identifies after the original claim has been filed.
Sec.β26.ββNRS 147.130 is hereby amended to read as follows:
147.130ββ1.ββIf a claim is rejected by the personal representative or the court, in whole or in part, the claimant must be immediately notified by the personal representative, and the claimant must bring suit in the proper court against the personal representative within 60 days after the notice or file a timely petition for summary determination pursuant to subsection 2, whether the claim is due or not, or the claim is forever barred.
κ2003 Statutes of Nevada, Page 885 (CHAPTER 169, AB 445)κ
Β
against the personal representative within 60 days after the notice or file a timely petition for summary determination pursuant to subsection 2, whether the claim is due or not, or the claim is forever barred. A claimant must be informed of the rejection of the claim by written notice forwarded to the claimants mailing address by registered or certified mail.
2.ββIf a claim filed by the [Welfare Division of the] Department of Human Resources is rejected by the personal representative, the [State Welfare Administrator] Director of the Department may, within 20 days after receipt of the written notice of rejection, petition the court for summary determination of the claim. A petition for summary determination must be filed with the clerk, who shall set the petition for hearing, and notice must be given for the period and in the manner required by NRS 155.010. Allowance of the claim by the court is sufficient evidence of its correctness, and it must be paid as if previously allowed by the personal representative.
3.ββIn any action brought upon a claim rejected in whole or in part by the personal representative, if he resides out of the State or has departed from the State, or cannot, after due diligence, be found within the State, or conceals himself to avoid the service of summons, the summons, together with a copy of the complaint, must be mailed directly to the last address given by him, with a copy to the attorney for the estate, and proof of the mailing must be filed with the clerk where the administration of the estate is pending. This service is the equivalent of personal service upon the personal representative, but he has 30 days from the date of service within which to answer.
4.ββIf the personal representative defaults after such service, the default is sufficient grounds for his removal as personal representative by the court without notice. Upon petition and notice, in the manner provided for an application for letters of administration, an administrator or an administrator with the will annexed must be appointed by the court and, upon his qualification as such, letters of administration or letters of administration with the will annexed must be issued.
Sec.β27.ββNRS 155.020 is hereby amended to read as follows:
155.020ββ1.ββNotice of a petition for the probate of a will and the issuance of letters and the notice to creditors must be given to:
(a)βThe persons respectively entitled thereto, including the [State Welfare Administrator,] Director of the Department of Human Resources, as provided in NRS 155.010; and
(b)βThe public, including creditors whose names and addresses are not readily ascertainable, by publication on three dates of publication before the hearing, and if the newspaper is published more than once each week, there must be at least 10 days from the first to last dates of publication, including both the first and last days.
2.ββEvery publication required by this section must be made in a newspaper published in the county where the proceedings are pending, but if there is not such a newspaper, then in one having general circulation in that county.
3.ββThe notice of the hearing upon the petition to administer the estate must be in substantially the following form:
Β
κ2003 Statutes of Nevada, Page 886 (CHAPTER 169, AB 445)κ
Β
NOTICE OF THE HEARING UPON THE PETITION TO
ADMINISTER THE ESTATE
Β
Notice is hereby given that ................................ has filed in this court a petition for the probate of a will and for letters testamentary, or for letters of administration, of the estate of ................................, deceased, and a hearing has been set for the .......... day of the month of................, of the year......, at .......... (a.m. or p.m.) at the courthouse of the above-entitled court. All persons interested in the estate are notified to appear and show cause why the petition should not be granted.
Dated .............................................
Β
4.ββAs soon as practicable after appointment, a personal representative shall, in addition to publishing the notice to creditors, mail a copy of the notice to those creditors whose names and addresses are readily ascertainable as of the date of first publication of the notice and who have not already filed a claim. The notice must be in substantially the following form:
Β
NOTICE TO CREDITORS
Β
Notice is hereby given that the undersigned has been appointed and qualified by the (giving the title of the court and the date of appointment) as personal representative of the estate of ................................, deceased. All creditors having claims against the estate are required to file the claims with the clerk of the court within .......... (60 or 90) days after the mailing or the first publication (as the case may be) of this notice.
Dated .............................................
Β
5.ββIf before the last day for the filing of a creditors claim under NRS 147.040, the personal representative discovers the existence of a creditor who was not readily ascertainable at the time of first publication of the notice to creditors, the personal representative shall immediately mail a copy of the notice to the creditor.
Sec.β28.ββNRS 164.025 is hereby amended to read as follows:
164.025ββ1.ββThe trustee of a nontestamentary trust may after the death of the settlor of the trust cause to be published a notice in the manner specified in paragraph (b) of subsection 1 of NRS 155.020 and mail a copy of the notice to known or readily ascertainable creditors.
2.ββThe notice must be in substantially the following form:
Β
NOTICE TO CREDITORS
Β
Notice is hereby given that the undersigned is the duly appointed and qualified trustee of the ................ trust. ................, the settlor of that trust died on ................. A creditor having a claim against the trust estate must file his claim with the undersigned at the address given below within 90 days after the first publication of this notice.
Β
κ2003 Statutes of Nevada, Page 887 (CHAPTER 169, AB 445)κ
Β
Dated..............................................
Β
.........................................................
Trustee
.........................................................
Address
Β
3.ββA person having a claim, due or to become due, against a settlor or the trust must file the claim with the trustee within 90 days after the mailing, for those required to be mailed, or 90 days after publication of the first notice to creditors. Any claim against the trust estate not filed within that time is forever barred. After the expiration of the time, the trustee may distribute the assets of the trust to its beneficiaries without personal liability to any creditor who has failed to file a claim with the trustee.
4.ββIf the trustee knows or has reason to believe that the settlor received public assistance during his lifetime, the trustee shall, whether or not he gives notice to other creditors, give notice within 30 days after the death to the [Welfare Division of the] Department of Human Resources in the manner provided in NRS 155.010. If notice to the [Welfare Division] Department is required by this subsection but is not given, the trust estate and any assets transferred to a beneficiary remain subject to the right of the [Welfare Division] Department to recover public assistance received.
5.ββIf a claim is rejected by the trustee, in whole or in part, the trustee must, within 10 days [of] after the rejection, notify the claimant of the rejection by written notice forwarded by registered or certified mail to the mailing address of the claimant. The claimant must bring suit in the proper court against the trustee within 60 days after the notice is given, whether the claim is due or not, or the claim is barred forever and the trustee may distribute the assets of the trust to its beneficiaries without personal liability to any creditor whose claim is barred forever.
Sec.β29.ββNRS 422.2725 is hereby repealed.
Sec.β30.ββNotwithstanding the provisions of sections 1, 3, 8 and 9 of this act that transfer the authority to adopt certain regulations from the State Welfare Administrator to the Director of the Department of Human Resources, any regulations adopted by the State Welfare Administrator pursuant to sections 3, 8 or 9 of this act before July 1, 2003, remain in effect and may be enforced by the Director of the Department of Human Resources until the Director adopts regulations to replace those regulations of the State Welfare Administrator.
Sec.β31.ββ1.ββThis section and section 29 of this act become effective upon passage and approval.
2.ββSections 1 to 28, inclusive, and 30 of this act become effective on July 1, 2003.
________
Β
κ2003 Statutes of Nevada, Page 888κ
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Assembly Bill No. 448Committee on Judiciary
Β
CHAPTER 170
Β
AN ACT relating to domestic violence; clarifying the provisions governing an arrest involving a violation of an order for protection against domestic violence; and providing other matters properly relating thereto.
Β
[Approved: May 22, 2003]
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββNRS 33.070 is hereby amended to read as follows:
33.070ββ1.ββEvery temporary or extended order must include a provision ordering any law enforcement officer to arrest an adverse party if the officer has probable cause to believe that the adverse party has violated any provision of the order. The law enforcement officer may make an arrest with or without a warrant and regardless of whether the violation occurs in his presence.
2.ββIf a law enforcement officer cannot verify that the adverse party was served with a copy of the application and order, he shall:
(a)βInform the adverse party of the specific terms and conditions of the order;
(b)βInform the adverse party that he now has notice of the provisions of the order and that a violation of the order will result in his arrest; and
(c)βInform the adverse party of the location of the court that issued the original order and the hours during which the adverse party may obtain a copy of the order.
3.ββInformation concerning the terms and conditions of the order, the date and time of the notice provided to the adverse party and the name and identifying number of the officer who gave the notice must be provided in writing to the applicant and noted in the records of the law enforcement agency and the court.
Sec.β2.ββNRS 171.124 is hereby amended to read as follows:
171.124ββ1.ββExcept as otherwise provided in subsection 3 and NRS 33.070 and 33.320, a peace officer or an officer of the Drug Enforcement Administration designated by the Attorney General of the United States for that purpose may make an arrest in obedience to a warrant delivered to him, or may, without a warrant, arrest a person:
(a)βFor a public offense committed or attempted in his presence.
(b)βWhen a person arrested has committed a felony or gross misdemeanor, although not in his presence.
(c)βWhen a felony or gross misdemeanor has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it.
(d)βOn a charge made, upon a reasonable cause, of the commission of a felony or gross misdemeanor by the person arrested.
(e)βWhen a warrant has in fact been issued in this state for the arrest of a named or described person for a public offense, and he has reasonable cause to believe that the person arrested is the person so named or described.
κ2003 Statutes of Nevada, Page 889 (CHAPTER 170, AB 448)κ
Β
2.ββHe may also, at night, without a warrant, arrest any person whom he has reasonable cause for believing to have committed a felony or gross misdemeanor, and is justified in making the arrest, though it afterward appears that a felony or gross misdemeanor has not been committed.
3.ββAn officer of the Drug Enforcement Administration may only make an arrest pursuant to subsections 1 and 2 for a violation of chapter 453 of NRS.
Sec.β3.ββThis act becomes effective upon passage and approval.
________
Β
Assembly Bill No. 510Committee on Education
Β
CHAPTER 171
Β
AN ACT relating to education; requiring the State Board of Education to prescribe a course of study to prepare pupils to pass the high school proficiency examination; authorizing the boards of trustees of school districts to offer the course of study to pupils enrolled in high school; revising provisions governing the informational pamphlet concerning the high school proficiency examination to include certain information regarding preparation for the college entrance examinations; and providing other matters properly relating thereto.
Β
[Approved: May 22, 2003]
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββChapter 389 of NRS is hereby amended by adding thereto a new section to read as follows:
1.ββThe State Board shall prescribe, by regulation, a course of study that is designed to assist pupils enrolled in high school with passing the high school proficiency examination. The course of study must:
(a)βBe consistent with the statewide program to prepare pupils for the high school proficiency examination established pursuant to NRS 389.0175; and
(b)βEnsure the security and confidentiality of the high school proficiency examination in accordance with the plan for test security adopted by the Department pursuant to NRS 389.616.
2.ββThe board of trustees of each school district may offer the course of study prescribed by the State Board pursuant to subsection 1 as an elective to pupils enrolled in high school in the school district.
Sec.β2.ββNRS 389.0173 is hereby amended to read as follows:
389.0173ββ1.ββThe Department shall develop an informational pamphlet concerning the high school proficiency examination for pupils who are enrolled in junior high, middle school and high school, and their parents and legal guardians. The pamphlet must include a written explanation of the:
(a)βImportance of passing the examination, including, without limitation, an explanation that if the pupil fails the examination he is not eligible to receive a standard high school diploma;
(b)βSubject areas tested on the examination;
κ2003 Statutes of Nevada, Page 890 (CHAPTER 171, AB 510)κ
Β
(c)βFormat for the examination, including, without limitation, the range of items that are contained on the examination;
(d)βManner by which the scaled score, as reported to pupils and their parents or legal guardians, is derived from the raw score;
(e)βTimeline by which the results of the examination must be reported to pupils and their parents or legal guardians;
(f)βMaximum number of times that a pupil is allowed to take the examination if he fails to pass the examination after the first administration; [and]
(g)βCourses of study that the Department recommends that pupils take to prepare the pupils to successfully meet the academic challenges of the examination and pass the examination [.] ; and
(h)βCourses of study which the Department recommends that pupils take in high school to successfully prepare for the college entrance examinations.
2.ββThe Department shall review the pamphlet on an annual basis and make such revisions to the pamphlet as it considers necessary to ensure that pupils and their parents or legal guardians fully understand the examination.
3.ββOn or before September 1, the Department shall provide a copy of the pamphlet or revised pamphlet to the board of trustees of each school district and the governing body of each charter school that includes pupils enrolled in a junior high, middle school or high school grade level.
4.ββThe board of trustees of each school district shall provide a copy of the pamphlet to each junior high, middle school or high school within the school district for posting. The governing body of each charter school shall ensure that a copy of the pamphlet is posted at the charter school. Each principal of a junior high, middle school, high school or charter school shall ensure that the teachers, counselors and administrators employed at the school fully understand the contents of the pamphlet.
5.ββOn or before January 15, the:
(a)βBoard of trustees of each school district shall provide a copy of the pamphlet to each pupil who is enrolled in a junior high, middle school or high school of the school district and to the parents or legal guardians of such a pupil.
(b)βGoverning body of each charter school shall provide a copy of the pamphlet to each pupil who is enrolled in the charter school at a junior high, middle school or high school grade level and to the parents or legal guardians of such a pupil.
Sec.β3.ββ1.ββThis section and section 2 of this act become effective on July 1, 2003.
2.ββSection 1 of this act becomes effective on July 1, 2003, for the purpose of adopting regulations and on January 1, 2004, for all other purposes.
________
Β
κ2003 Statutes of Nevada, Page 891κ
Β
Assembly Bill No. 539Committee on Government Affairs
Β
CHAPTER 172
Β
AN ACT relating to governmental purchasing; clarifying the types of contracts into which a member of certain governing bodies may enter with the governing body; increasing the maximum dollar amount of supplies that a governing body may purchase each month from a member of the body in certain circumstances; and providing other matters properly relating thereto.
Β
[Approved: May 22, 2003]
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββNRS 332.155 is hereby amended to read as follows:
332.155ββ1.ββ[No] Except as otherwise provided in NRS 281.230, 281.505 and 281.555, a member of the governing body may not be interested, directly or indirectly, in any contract entered into by the governing body, but the governing body may purchase supplies, not to exceed [$300] $1,500 in the aggregate in any 1 calendar month from a member of such governing body, when not to do so would be of great inconvenience due to a lack of any other local source.
2.ββAn evaluator may not be interested, directly or indirectly, in any contract awarded by such governing body or its authorized representative.
3.ββA member of a governing body who furnishes supplies in the manner permitted by subsection 1 may not vote on the allowance of the claim for such supplies.
4.ββA violation of this section is a misdemeanor and, in the case of a member of a governing body, cause for removal from office.
Sec.β2.ββNRS 245.075 is hereby amended to read as follows:
245.075ββ1.ββExcept as otherwise provided in NRS 281.230, 281.505, 281.555 [,] and 332.155, it is unlawful for any county officer to be interested in any contract made by him or be a purchaser or be interested in any purchase of a sale made by him in the discharge of his official duties.
2.ββAny contract made in violation of subsection 1 may be declared void at the instance of the county interested or of any other person interested in the contract except the officer prohibited from making or being interested in the contract.
3.ββAny person violating this section, directly or indirectly, is guilty of a gross misdemeanor and shall forfeit his office.
Sec.β3.ββNRS 268.384 is hereby amended to read as follows:
268.384ββ1.ββExcept as otherwise provided in NRS 281.230, 281.505, 281.555 [,] and 332.155, it is unlawful for any city officer to be interested in any contract made by him, or to be a purchaser or interested, directly or indirectly, in any purchase of a sale made by him in the discharge of his official duties.
2.ββAny person violating this section is guilty of a gross misdemeanor and shall forfeit his office.
κ2003 Statutes of Nevada, Page 892 (CHAPTER 172, AB 539)κ
Β
Sec.β4.ββNRS 281.230 is hereby amended to read as follows:
281.230ββ1.ββExcept as otherwise provided in this section and NRS 218.605, 281.555 and 332.155, the following persons shall not, in any manner, directly or indirectly, receive any commission, personal profit or compensation of any kind resulting from any contract or other significant transaction in which the employing state, county, municipality, township, district or quasi-municipal corporation is in any way directly interested or affected:
(a)βState, county, municipal, district and township officers of the State of Nevada;
(b)βDeputies and employees of state, county, municipal, district and township officers; and
(c)βOfficers and employees of quasi-municipal corporations.
2.ββA member of any board, commission or similar body who is engaged in the profession, occupation or business regulated by the board, commission or body may, in the ordinary course of his business, bid on or enter into a contract with any governmental agency, except the board or commission of which he is a member, if he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.
3.ββA full- or part-time faculty member or employee of the University and Community College System of Nevada may bid on or enter into a contract with a governmental agency, or may benefit financially or otherwise from a contract between a governmental agency and a private entity, if the contract complies with the policies established by the Board of Regents of the University of Nevada pursuant to NRS 396.255.
4.ββA public officer or employee, other than an officer or employee described in subsection 2 or 3, may bid on or enter into a contract with a governmental agency if the contracting process is controlled by rules of open competitive bidding, the sources of supply are limited, he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers. If a public officer who is authorized to bid on or enter into a contract with a governmental agency pursuant to this subsection is a member of the governing body of the agency, the public officer, pursuant to the requirements of NRS 281.501, shall disclose his interest in the contract and shall not vote on or advocate the approval of the contract.
5.ββA person who violates any of the provisions of this section shall be punished as provided in NRS 197.230 and:
(a)βWhere the commission, personal profit or compensation is $250 or more, for a category D felony as provided in NRS 193.130.
(b)βWhere the commission, personal profit or compensation is less than $250, for a misdemeanor.
6.ββA person who violates the provisions of this section shall pay any commission, personal profit or compensation resulting from the contract or transaction to the employing state, county, municipality, township, district or quasi-municipal corporation as restitution.
Sec.β5.ββNRS 281.505 is hereby amended to read as follows:
281.505ββ1.ββExcept as otherwise provided in this section [,] and NRS 281.555 and 332.155, a public officer or employee shall not bid on or enter into a contract between a governmental agency and any private business in which he has a significant pecuniary interest.
κ2003 Statutes of Nevada, Page 893 (CHAPTER 172, AB 539)κ
Β
2.ββA member of any board, commission or similar body who is engaged in the profession, occupation or business regulated by such board or commission, may, in the ordinary course of his business, bid on or enter into a contract with any governmental agency, except the board, commission or body of which he is a member, if he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.
3.ββA full- or part-time faculty member or employee of the University and Community College System of Nevada may bid on or enter into a contract with a governmental agency, or may benefit financially or otherwise from a contract between a governmental agency and a private entity, if the contract complies with the policies established by the Board of Regents of the University of Nevada pursuant to NRS 396.255.
4.ββA public officer or employee, other than an officer or employee described in subsection 2 or 3, may bid on or enter into a contract with a governmental agency if the contracting process is controlled by rules of open competitive bidding, the sources of supply are limited, he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers. If a public officer who is authorized to bid on or enter into a contract with a governmental agency pursuant to this subsection is a member of the governing body of the agency, the public officer, pursuant to the requirements of NRS 281.501, shall disclose his interest in the contract and shall not vote on or advocate the approval of the contract.
Sec.β6.ββThis act becomes effective upon passage and approval.
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Senate Bill No. 27Senator Wiener
Β
CHAPTER 173
Β
AN ACT relating to professions; creating the Board of Athletic Trainers; prescribing the powers and duties of the Board; requiring certain persons who engage in the practice of athletic training to be licensed by the Board; prescribing the requirements for such licenses; providing for the regulation of athletic trainers; providing a penalty; requiring the Board to hold hearings and make recommendations to the Legislature concerning the regulation of personal trainers and other fitness instructors; and providing other matters properly relating thereto.
Β
[Approved: May 22, 2003]
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββTitle 54 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 37, inclusive, of this act.
Sec.β2.ββAs used in this chapter, unless the context otherwise requires, the words and terms defined in sections 2.5 to 12.3, inclusive, of this act have the meanings ascribed to them in those sections.
κ2003 Statutes of Nevada, Page 894 (CHAPTER 173, SB 27)κ
Β
Sec.β2.5.ββAssessment includes taking the medical history of a patient, visually inspecting the injured portion of the body and the associated structures, palpating the bony landmarks and soft tissue and applying special tests to systematically assess the pathology and extent of the injury or condition.
Sec.β3.ββAthlete means a natural person who:
1.ββParticipates in an athletic activity conducted by:
(a)βAn intercollegiate athletic association or interscholastic athletic association; or
(b)βA professional athletic organization; or
(c)βAn amateur athletic organization; or
2.ββParticipates in a recreational sport activity that:
(a)βHas officially designated coaches;
(b)βConducts regularly scheduled practices or workouts that are supervised by coaches; and
(c)βHas established schedules for competitive events or exhibitions.
Sec.β4.ββAthletic injury means an injury or athletic-related illness, or both, that a person sustains as a result of:
1.ββHis participation in an athletic activity conducted by:
(a)βAn intercollegiate athletic association or interscholastic athletic association; or
(b)βA professional athletic organization; or
(c)βAn amateur athletic organization; or
2.ββHis participation in a recreational sport activity that:
(a)Β Has officially designated coaches;
(b)Β Conducts regularly scheduled practices or workouts that are supervised by coaches; and
(c)Β Has established schedules for competitive events or exhibitions.
Sec.β5.ββBoard means the Board of Athletic Trainers.
Sec.β6.ββDirection means an order issued by a physician to follow as a protocol, recommendation or oral order that is documented by the licensed athletic trainer or physician, or both.
Sec.β6.3.ββDisposition means the application of accepted management techniques to provide the appropriate care and resources concerning an athletic injury.
Sec.β6.5.ββEvaluation includes, without limitation, the use of joint range of motion, manual muscle tests, ligamentous stress tests, neurological tests and functional capacity assessments.
Sec.β6.7.ββGrade 5 joint mobilization means the movement of a joint beyond its physiological and capsular end point.
Sec.β7.ββGraduate student athletic trainer means a graduate student who:
1.ββIs enrolled in a graduate program of study approved by the Board; and
2.ββEngages in the practice of athletic training under the supervision of a licensed athletic trainer.
Sec.β7.5.ββJoint mobilization means a learned, skilled, passive movement of articulating surfaces of a person to relieve pain and restore functional movement of the articulating surfaces without pain to the person. The term does not include:
1.ββThe diagnosis of a physical disability;
2.ββThe massaging of the superficial soft tissues of the body;
κ2003 Statutes of Nevada, Page 895 (CHAPTER 173, SB 27)κ
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3.ββThe use of X rays or radium;
4.ββThe use of electricity for cauterization or surgery;
5.ββChiropractic adjustment as defined in NRS 634.014; or
6.ββGrade 5 joint mobilization.
Sec.β8.ββLicense means a license issued pursuant to the provisions of this chapter.
Sec.β9.ββLicensee means a person who has been issued a license as an athletic trainer pursuant to the provisions of this chapter.
Sec.β9.2.ββManagement means the act of controlling or influencing an injury, illness or condition.
Sec.β9.4.ββPassive joint range of motion means any movement of an articulating surface of a person without the active assistance of that person, which is performed with equipment or by another person.
Sec.β9.6.ββPassive range of motion means any movement of a part of a person without the active assistance of that person, which is performed with equipment or by another person.
Sec.β9.8.ββPhysician means:
1.ββA physician licensed pursuant to chapter 630 of NRS;
2.ββAn osteopathic physician licensed pursuant to chapter 633 of NRS;
3.ββA homeopathic physician licensed pursuant to chapter 630A of NRS;
4.ββA chiropractic physician licensed pursuant to chapter 634 of NRS; or
5.ββA podiatric physician licensed pursuant to chapter 635 of NRS.
Sec.β10.ββ1.ββPractice of athletic training means:
(a)βThe prevention, recognition, assessment, management, treatment, disposition or reconditioning of the athletic injury of an athlete:
(1)βWhose condition is within the professional preparation and education of the licensed athletic trainer; and
(2)βThat is performed under the direction of a physician;
(b)βThe organization and administration of programs of athletic training;
(c)Β The administration of an athletic training room;
(d)βThe provision of information relating to athletic training to members of the public; or
(e)Β Any combination of the activities described in paragraphs (a) to (d), inclusive.
2.ββThe term does not include the diagnosis of a physical disability, massaging of the superficial soft tissues of the body or the use of X rays, radium or electricity for cauterization or surgery.
Sec.β10.3.ββPrevention means the application and implementation of physical conditioning programs, pre-participation screening and the monitoring of risk factors that may cause an athletic injury.
Sec.β10.5.ββRecognition means the application of visual, verbal or tactile skills to acknowledge the presence of an injury, illness or other condition with an understanding of the predisposing factors of injury and pathomechanics, which assists in the assessment of the injury, illness or other condition.
Sec.β10.7.ββReconditioning means the application of practical and didactic knowledge and functional criteria to evaluate readiness for return to partial or full activities.
κ2003 Statutes of Nevada, Page 896 (CHAPTER 173, SB 27)κ
Β
Sec.β11.ββStudent athletic trainer means an undergraduate student who:
1.ββIs enrolled in an undergraduate program of study approved by the Board; and
2.ββEngages in the practice of athletic training under the supervision of a licensed athletic trainer.
Sec.β12.ββSupervision means clinical on-site direction given by a licensed athletic trainer to a student athletic trainer or graduate student athletic trainer who is in the direct line of sight and within hearing distance of the licensed athletic trainer.
Sec.β12.3.ββTreatment means the application of the necessary knowledge and skills to assess an injury, illness or other condition and provide appropriate care.
Sec.β13.ββThe practice of athletic training is hereby declared to be a learned profession, affecting public health, safety and welfare, and subject to regulation to protect the public from the practice of athletic training by unqualified persons and from unprofessional conduct by persons who are licensed to engage in the practice of athletic training.
Sec.β14.ββA license issued pursuant to the provisions of this chapter is a revocable privilege, and the holder of the license does not acquire thereby any vested right.
Sec.β15.ββThe provisions of this chapter do not apply to:
1.ββA person who is licensed pursuant to chapters 630 to 637, inclusive, or chapter 640 or 640A of NRS, when acting within the scope of that license.
2.ββA person who is employed by the Federal Government and engages in the practice of athletic training within the scope of that employment.
3.ββA person who is employed as an athletic trainer outside this state when engaging in the practice of athletic training within the scope of that employment in connection with an athletic event held in this state.
Sec.β16.ββ1.ββThe Board of Athletic Trainers is hereby created.
2.ββThe Governor shall appoint to the Board:
(a)Β Three members who:
(1)βAre licensed as athletic trainers pursuant to the provisions of this chapter; and
(2)βHave engaged in the practice of athletic training or taught or conducted research concerning the practice of athletic training for the 5 years immediately preceding their appointment;
(b)βOne member who is licensed as a physical therapist pursuant to chapter 640 of NRS and who is also licensed as an athletic trainer pursuant to this chapter; and
(c)βOne member who is a representative of the public.
3.ββEach member of the Board:
(a)βMust be a resident of this state; and
(b)βMay not serve more than two consecutive terms.
4.ββAfter the initial terms, the members of the Board must be appointed to terms of 3 years.
5.ββA vacancy on the Board must be filled in the same manner as the original appointment.
6.ββThe Governor may remove a member of the Board for incompetence, neglect of duty, moral turpitude or malfeasance in office.
κ2003 Statutes of Nevada, Page 897 (CHAPTER 173, SB 27)κ
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7.ββNo member of the Board may be held liable in a civil action for any act he performs in good faith in the execution of his duties pursuant to the provisions of this chapter.
8.ββThe member of the Board who is a representative of the public shall not participate in preparing or grading any examination required by the Board.
Sec.β17.ββ1.ββFor the appointment of any member to the Board pursuant to paragraph (a) of subsection 2 of section 16 of this act, the Nevada Athletic Trainers Association, or its successor organization, shall, at least 30 days before the beginning of a term of a member of the Board, or within 30 days after a position on the Board becomes vacant, submit to the Governor the names of not less than three persons or more than five persons who are qualified for membership on the Board for each such position. The Governor shall appoint new members or fill a vacancy from the list, or request a new list.
2.ββFor the appointment of a member to the Board pursuant to paragraph (b) of subsection 2 of section 16 of this act, the Nevada Physical Therapists Association, or its successor organization, and the Nevada Athletic Trainers Association, or its successor organization, shall, at least 30 days before the beginning of a term of a member of the Board, or within 30 days after a position on the Board becomes vacant, jointly prepare and submit to the Governor a list of the names of not less than three persons or more than five persons who are qualified for membership on the Board for that position. The Governor shall appoint a new member or fill a vacancy from the list, or request a new list.
3.ββIf the Nevada Athletic Trainers Association or the Nevada Physical Therapists Association, or the successor of any such organization, fails to submit nominations for a position on the Board within the periods prescribed in this section, the Governor may appoint any qualified person.
Sec.β18.ββ1.ββThe Board shall:
(a)βElect from its members a Chairman at the first meeting of each year; and
(b)βMeet at least three times each year at the call of the Chairman of the Board, or upon the written request of at least three members of the Board.
2.ββA majority of the members of the Board constitutes a quorum for the transaction of the business of the Board.
Sec.β19.ββ1.ββThe Board shall prepare and maintain a separate list of:
(a)βThe licensees.
(b)βThe applicants for a license.
(c)βThe licensees whose licenses have been revoked or suspended within the preceding year.
2.ββThe Board shall, upon request, disclose the information included in each list and may charge a fee for a copy of a list.
3.ββThe Board shall:
(a)βPrepare and maintain a record of its proceedings and transactions;
(b)βAdopt a seal of which each court in this state shall take judicial notice; and
(c)βEnforce the provisions of this chapter and any regulations adopted pursuant thereto.
Sec.β20.ββThe Board shall adopt regulations to carry out the provisions of this chapter, including, without limitation, regulations that establish:
κ2003 Statutes of Nevada, Page 898 (CHAPTER 173, SB 27)κ
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1.ββThe passing grades for the examinations required by sections 26 and 27 of this act;
2.ββAppropriate criteria for determining whether an entity is an intercollegiate athletic association, interscholastic athletic association, professional athletic organization or amateur athletic organization;
3.ββThe standards of practice for athletic trainers; and
4.ββThe requirements for continuing education for the renewal of a license of an athletic trainer. The requirements must be at least equivalent to the requirements for continuing education for the renewal of a certificate of an athletic trainer issued by the National Athletic Trainers Association Board of Certification or its successor organization.
Sec.β21.ββA member of the Board, an employee of the Board or a person designated by the Board may inspect any office or facility where a person is engaged in the practice of athletic training to determine whether each person who is engaged in the practice of athletic training in that office or facility is in compliance with the provisions of this chapter and any regulations adopted pursuant thereto.
Sec.β22.ββ1.ββThe Board may employ an Executive Secretary and any other persons necessary to carry out its duties.
2.ββThe members of the Board are not entitled to receive a salary.
3.ββWhile engaged in the business of the Board, each member and employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for officers and employees of this state generally.
Sec.β23.ββThe Board shall operate on the basis of a fiscal year beginning on July 1 and ending on June 30.
Sec.β24.ββ1.ββExcept as otherwise provided in subsection 4, all reasonable expenses incurred by the Board in carrying out the provisions of this chapter must be paid from the money that it receives. No part of the expenses of the Board may be paid from the State General Fund.
2.ββAll money received by the Board must be deposited in a bank or other financial institution in this state and paid out on its order for its expenses.
3.ββThe Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines and penalties related to that disciplinary action and deposit the money from the fines and penalties in a bank or other financial institution in this state.
4.ββIf a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3, the Board shall deposit all money collected from the imposition of fines and penalties with the State Treasurer for credit to the State General Fund. If money has been deposited in the State General Fund pursuant to this subsection, the Board may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec.β25.ββ1.ββExcept as otherwise provided in subsection 2, unless he has been issued a license as an athletic trainer by the Board pursuant to the provisions of this chapter, a person shall not:
(a)βEngage in the practice of athletic training;
(b)βHold himself out as licensed or qualified to engage in the practice of athletic training; or
κ2003 Statutes of Nevada, Page 899 (CHAPTER 173, SB 27)κ
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(c)βUse in connection with his name any title, words, letters or other designation intended to imply or designate him as a licensed athletic trainer.
2.ββA student athletic trainer or graduate student athletic trainer may engage in the practice of athletic training while under the supervision of a licensed athletic trainer.
3.ββIf the Board determines that a person has engaged, or is about to engage, in any act or practice that constitutes, or will constitute, a violation of the provisions of this section, the Board may make an application to an appropriate court for an order enjoining that act or practice, and upon a showing by the Board that the person has engaged, or is about to engage, in that act or practice, the court shall issue an injunction against that act or practice. Such an injunction does not prevent a criminal prosecution for that act or practice.
Sec.β26.ββ1.ββAn applicant for a license as an athletic trainer must:
(a)βBe of good moral character;
(b)βBe a citizen of the United States or lawfully entitled to remain and work in the United States;
(c)βHave at least a bachelors degree in a program of study approved by the Board;
(d)βSubmit an application on a form provided by the Board;
(e)βSubmit a complete set of his fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;
(f)βPay the fees prescribed by the Board pursuant to section 33 of this act; and
(g)βExcept as otherwise provided in subsection 2 and section 27 of this act, pass the examination prepared by the National Athletic Trainers Association Board of Certification or its successor organization.
2.ββAn applicant who submits proof of his current certification as an athletic trainer by the National Athletic Trainers Association Board of Certification, or its successor organization, is not required to pass the examination required by paragraph (g) of subsection 1.
3.ββAn applicant who fails the examination may not reapply for a license for at least 1 year after he submits his application to the Board.
Sec.β27.ββIf the National Athletic Trainers Association Board of Certification, or its successor organization, if any, ceases to exist or ceases to prepare the examination required by section 26 of this act, the Board shall designate another appropriate national organization to prepare the test. If the Board determines that no such organization exists, the Board shall prepare or cause to be prepared a test which must be offered not less than two times each year.
Sec.β28.ββ1.ββIn addition to any other requirements for the issuance or renewal of a license set forth in this chapter, an applicant for the issuance or renewal of a license to engage in the practice of athletic training must submit to the Board:
(a)βThe social security number of the applicant; and
(b)βThe statement prescribed by the Welfare Division of the Department of Human Resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
κ2003 Statutes of Nevada, Page 900 (CHAPTER 173, SB 27)κ
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2.ββThe Board shall include the persons social security number and the statement required pursuant to subsection 1 in:
(a)βThe application or any other forms that must be submitted for the issuance or renewal of the license; or
(b)βA separate form prescribed by the Board.
3.ββA license to practice athletic training may not be issued or renewed by the Board if the applicant:
(a)βFails to submit his social security number required pursuant to subsection 1;
(b)βFails to submit the statement required pursuant to subsection 1; or
(c)βIndicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4.ββIf an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Sec.β29.ββ1.ββIf the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a licensee, the Board shall deem the license to be suspended at the end of the 30th day after the date the court order was issued unless the Board receives a letter issued to the licensee by the district attorney or other public agency pursuant to NRS 425.550 stating that the licensee has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2.ββThe Board shall reinstate a license that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the licensee stating that the licensee has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Sec.β30.ββ1.ββExcept as otherwise provided in subsection 2, the Board shall issue a license as an athletic trainer, without examination, to an applicant who is licensed to engage in the practice of athletic training in another state, territory or possession of the United States, or the District of Columbia if the applicant submits to the Board:
(a)βAn application on a form prescribed by the Board; and
(b)βThe fees prescribed by the Board pursuant to section 33 of this act.
2.ββThe Board shall not issue a license pursuant to this section unless the jurisdiction in which the applicant is licensed had requirements at the time the license was issued that the Board determines are substantially equivalent to the requirements for a license as an athletic trainer set forth in this chapter.
Sec.β31.ββEach person licensed to practice as an athletic trainer shall display his license conspicuously at each place where he engages in the practice of athletic training.
κ2003 Statutes of Nevada, Page 901 (CHAPTER 173, SB 27)κ
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Sec.β31.5.ββ1.ββA person who is licensed as an athletic trainer shall not conduct an evaluation of an athletic injury or perform joint mobilization unless the person has earned at least a masters degree in athletic training or a comparable area of study, as determined by the Board.
2.ββA person who is licensed as an athletic trainer and has not earned a masters degree in athletic training or a comparable area of study, as determined by the Board, may perform passive range of motion or passive joint range of motion.
Sec.β32.ββ1.ββEach license to engage in the practice of athletic training expires on June 30 of each year and may be renewed if, before the license expires, the licensee submits to the Board:
(a)βAn application on a form prescribed by the Board;
(b)βProof of his completion of the requirements for continuing education prescribed by the Board pursuant to section 20 of this act; and
(c)βThe fee for the renewal of his license prescribed by the Board pursuant to section 33 of this act.
2.ββA license that expires pursuant to the provisions of this section may be restored if the applicant:
(a)βComplies with the provisions of subsection 1;
(b)βSubmits to the Board proof of his ability to engage in the practice of athletic training; and
(c)βSubmits to the Board:
(1)βThe fee for the restoration of an expired license; and
(2)βFor each year that the license was expired, the fee for the renewal of a license prescribed by the Board pursuant to section 33 of this act.
3.ββIf the Board determines that an applicant has not submitted satisfactory proof of his ability to engage in the practice of athletic training, the Board may require the applicant to:
(a)βPass an examination prescribed by the Board; and
(b)βEngage in the practice of athletic training under the supervision of a person designated by the Board for a period prescribed by the Board.
Sec.β33.ββThe Board shall, by regulation, prescribe the following fees which must not exceed:
Β
Application for a license...................................................................... $250
Examination for a license...................................................................... 350
Application for a license without examination................................. 350
Annual renewal of a license................................................................... 350
Restoration of an expired license......................................................... 350
Issuance of a duplicate license................................................................ 50
Sec.β34.ββ1.ββThe Board may refuse to issue a license to an applicant, or may take disciplinary action against a licensee, if, after notice and a hearing, the Board determines that the applicant or licensee:
(a)βHas submitted false or misleading information to the Board or any agency of this state, any other state, the Federal Government or the District of Columbia;
(b)βHas violated any provision of this chapter or any regulation adopted pursuant thereto;
(c)βHas been convicted of a felony, a crime relating to a controlled substance or a crime involving moral turpitude;
κ2003 Statutes of Nevada, Page 902 (CHAPTER 173, SB 27)κ
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(d)βIs addicted to alcohol or any controlled substance;
(e)βHas violated the provisions of NRS 200.5093 or 432B.220;
(f)βIs guilty of gross negligence in his practice as an athletic trainer;
(g)βIs not competent to engage in the practice of athletic training;
(h)βHas failed to provide information requested by the Board within 60 days after he received the request;
(i)βHas engaged in unethical or unprofessional conduct as it relates to the practice of athletic training;
(j)βHas been disciplined in another state, a territory or possession of the United States, or the District of Columbia for conduct that would be a violation of the provisions of this chapter or any regulations adopted pursuant thereto if the conduct were committed in this state;
(k)βHas solicited or received compensation for services that he did not provide;
(l)βIf the licensee is on probation, has violated the terms of his probation; or
(m)βHas terminated his professional services to a client in a manner that detrimentally affected that client.
2.ββThe Board may, if it determines that an applicant for a license or a licensee has committed any of the acts set forth in subsection 1, after notice and a hearing:
(a)βRefuse to issue a license to the applicant;
(b)βRefuse to renew or restore the license of the licensee;
(c)βSuspend or revoke the license of the licensee;
(d)βPlace the licensee on probation;
(e)βImpose an administrative fine of not more than $5,000;
(f)βRequire the applicant or licensee to pay the costs incurred by the Board to conduct the investigation and hearing; or
(g)βImpose any combination of actions set forth in paragraphs (a) to (f), inclusive.
Sec.β35.ββ1.ββThe Board may conduct investigations and hold hearings to carry out its duties pursuant to the provisions of this chapter.
2.ββIn such a hearing:
(a)βAny member of the Board may administer oaths and examine witnesses; and
(b)βThe Board or any member thereof may issue subpoenas to compel the attendance of witnesses and the production of books and papers.
3.ββEach witness who is subpoenaed to appear before the Board is entitled to receive for his attendance the same fees and mileage allowed by law to a witness in a civil case. The amount must be paid by the party who requested the subpoena. If any witness who has not been required to attend at the request of any party is subpoenaed by the Board, his fees and mileage must be paid from the money of the Board.
4.ββIf any person fails to comply with the subpoena within 10 days after it is issued, the Chairman of the Board may petition a court of competent jurisdiction for an order of the court compelling compliance with the subpoena.
5.ββUpon such a petition, the court shall enter an order directing the person subpoenaed to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and to show cause why he has not complied with the subpoena.
κ2003 Statutes of Nevada, Page 903 (CHAPTER 173, SB 27)κ
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subpoena. A certified copy of the order must be served upon the person subpoenaed.
6.ββIf it appears to the court that the subpoena was regularly issued by the Board, the court shall enter an order compelling compliance with the subpoena. The failure of the person to obey the order is a contempt of the court that issued the order.
Sec.β36.ββ1.ββAny records or information obtained during the course of an investigation by the Board are confidential until the investigation is completed. Upon completion of the investigation, the records and information are public records if:
(a)βDisciplinary action was taken by the Board as a result of the investigation; or
(b)βThe person who was investigated submits a written request to the Board asking that the information and records be made public records.
2.ββThe provisions of this section do not prohibit the Board from cooperating with another licensing board or any agency that is investigating a licensee, including, without limitation, a law enforcement agency.
Sec.β37.ββ1.βΒ A person who violates any provision of this chapter is guilty of a gross misdemeanor and shall be punished by a fine of not more than $2,000 for each offense.
2.ββIf the Board has reason to believe that a person has violated a provision of this chapter or a regulation adopted pursuant thereto, the Board shall report the facts to the district attorney of the county where the violation occurred, who may cause appropriate criminal proceedings to be brought against that person.
Sec.β38.ββNRS 622.010 is hereby amended to read as follows:
622.010ββAs used in this chapter, unless the context otherwise requires, occupational licensing board includes, without limitation:
1.ββThe State Board of Architecture, Interior Design and Residential Design.
2.ββThe State Board of Landscape Architecture.
3.ββThe State Contractors Board.
4.ββThe State Board of Professional Engineers and Land Surveyors.
5.ββThe Board of Registered Environmental Health Specialists.
6.ββThe Nevada State Board of Accountancy.
7.ββThe Board of Medical Examiners.
8.ββThe Board of Homeopathic Medical Examiners.
9.ββThe Board of Dental Examiners of Nevada.
10.ββThe State Board of Nursing.
11.ββThe State Board of Osteopathic Medicine.
12.ββThe Chiropractic Physicians Board of Nevada.
13.ββThe State Board of Oriental Medicine.
14.ββThe State Board of Podiatry.
15.ββThe Nevada State Board of Optometry.
16.ββThe Board of Dispensing Opticians.
17.ββThe Board of Hearing Aid Specialists.
18.ββThe Board of Examiners for Audiology and Speech Pathology.
19.ββThe Nevada State Board of Veterinary Medical Examiners.
20.ββThe State Board of Pharmacy.
21.ββThe State Board of Physical Therapy Examiners.
22.ββThe Board of Occupational Therapy.
κ2003 Statutes of Nevada, Page 904 (CHAPTER 173, SB 27)κ
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23.ββThe Board of Psychological Examiners.
24.ββThe Board of Examiners for Marriage and Family Therapists.
25.ββThe Board of Examiners for Social Workers.
26.ββThe Board of Examiners for Alcohol and Drug Abuse Counselors.
27.ββThe State Board of Funeral Directors, Embalmers and Operators of Cemeteries and Crematories.
28.ββThe State Barbers Health and Sanitation Board.
29.ββThe State Board of Cosmetology.
30.ββThe Real Estate Division of the Department of Business and Industry.
31.ββThe Commissioner of Financial Institutions.
32.ββThe Private Investigators Licensing Board.
33.ββThe Health Division of the Department of Human Resources.
34.ββThe Nevada State Board of Examiners for Administrators of Facilities for Long-Term Care.
35.ββThe Certified Court Reporters Board of Nevada.
36.ββThe Board of Athletic Trainers.
Sec.β39.ββNRS 629.031 is hereby amended to read as follows:
629.031ββ1.ββProvider of health care means a physician licensed pursuant to chapter 630, 630A or 633 of NRS, dentist, licensed nurse, dispensing optician, optometrist, practitioner of respiratory care, registered physical therapist, podiatric physician, licensed psychologist, licensed marriage and family therapist, chiropractor, athletic trainer, doctor of Oriental medicine in any form, medical laboratory director or technician, pharmacist or a licensed hospital as the employer of any such person.
2.ββFor the purposes of NRS 629.051, 629.061 and 629.065, the term includes a facility that maintains the health care records of patients.
Sec.β40.ββNRS 640.029 is hereby amended to read as follows:
640.029ββThis chapter does not apply to an occupational therapist , [or] occupational therapy assistant or athletic trainer who:
1.ββIs licensed to practice in this state;
2.ββPractices within the scope of that license; and
3.ββDoes not represent that he is a physical therapist or physical therapists assistant, or that he practices physical therapy.
Sec.β41.ββNRS 640A.070 is hereby amended to read as follows:
640A.070ββThis chapter does not apply to a person:
1.ββHolding a current license or certificate issued pursuant to chapter 391, 630 to 637B, inclusive, 640, 641, 641A or 641B of NRS, or sections 2 to 37, inclusive, of this act who practices within the scope of that license or certificate.
2.ββEmployed by the Federal Government who practices occupational therapy within the scope of that employment.
3.ββEnrolled in an educational program approved by the Board which is designed to lead to a certificate or degree in occupational therapy, if he is designated by a title which clearly indicates that he is a student.
4.ββObtaining the supervised experience necessary to satisfy the requirements of subsection 3 of NRS 640A.120.
5.ββPracticing occupational therapy in this state in association with an occupational therapist licensed pursuant to this chapter if the person:
(a)βPractices in this state for not more than 45 days in a calendar year;
κ2003 Statutes of Nevada, Page 905 (CHAPTER 173, SB 27)κ
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(b)βIs licensed to practice occupational therapy in another state where the requirements for such a license are equivalent to the requirements of this chapter; and
(c)βMeets the requirements for certification as an occupational therapist registered or certified occupational therapy assistant established by the American Occupational Therapy Certification Board.
Sec.β42.ββNRS 200.5093 is hereby amended to read as follows:
200.5093ββ1.ββAny person who is described in subsection 4 and who, in his professional or occupational capacity, knows or has reasonable cause to believe that an older person has been abused, neglected, exploited or isolated shall:
(a)βExcept as otherwise provided in subsection 2, report the abuse, neglect, exploitation or isolation of the older person to:
(1)βThe local office of the Aging Services Division of the Department of Human Resources;
(2)βA police department or sheriffs office;
(3)βThe countys office for protective services, if one exists in the county where the suspected action occurred; or
(4)βA toll-free telephone service designated by the Aging Services Division of the Department of Human Resources; and
(b)βMake such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the older person has been abused, neglected, exploited or isolated.
2.ββIf a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation or isolation of the older person involves an act or omission of the Aging Services Division, another division of the Department of Human Resources or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission.
3.ββEach agency, after reducing a report to writing, shall forward a copy of the report to the Aging Services Division of the Department of Human Resources.
4.ββA report must be made pursuant to subsection 1 by the following persons:
(a)βEvery physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, athletic trainer, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this state, who examines, attends or treats an older person who appears to have been abused, neglected, exploited or isolated.
(b)βAny personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation or isolation of an older person by a member of the staff of the hospital.
(c)βA coroner.
(d)βEvery clergyman, practitioner of Christian Science or religious healer, unless he acquired the knowledge of abuse, neglect, exploitation or isolation of the older person from the offender during a confession.
κ2003 Statutes of Nevada, Page 906 (CHAPTER 173, SB 27)κ
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(e)βEvery person who maintains or is employed by an agency to provide nursing in the home.
(f)βEvery attorney, unless he has acquired the knowledge of abuse, neglect, exploitation or isolation of the older person from a client who has been or may be accused of such abuse, neglect, exploitation or isolation.
(g)βAny employee of the Department of Human Resources.
(h)βAny employee of a law enforcement agency or a countys office for protective services or an adult or juvenile probation officer.
(i)βAny person who maintains or is employed by a facility or establishment that provides care for older persons.
(j)βAny person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation or isolation of an older person and refers them to persons and agencies where their requests and needs can be met.
(k)βEvery social worker.
(l)βAny person who owns or is employed by a funeral home or mortuary.
5.ββA report may be made by any other person.
6.ββIf a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that an older person has died as a result of abuse, neglect or isolation, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney and the Aging Services Division of the Department of Human Resources his written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.
7.ββA division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the Aging Services Division of the Department of Human Resources, must be forwarded to the Aging Services Division within 90 days after the completion of the report.
8.ββIf the investigation of a report results in the belief that an older person is abused, neglected, exploited or isolated, the Aging Services Division of the Department of Human Resources or the countys office for protective services may provide protective services to the older person if he is able and willing to accept them.
9.ββA person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.
Sec.β43.ββNRS 200.5095 is hereby amended to read as follows:
200.5095ββ1.ββReports made pursuant to NRS 200.5093 and 200.5094, and records and investigations relating to those reports, are confidential.
2.ββA person, law enforcement agency or public or private agency, institution or facility who willfully releases data or information concerning the reports and investigation of the abuse, neglect, exploitation or isolation of older persons, except:
(a)βPursuant to a criminal prosecution;
(b)βPursuant to NRS 200.50982; or
(c)βTo persons or agencies enumerated in subsection 3 of this section,
is guilty of a misdemeanor.
κ2003 Statutes of Nevada, Page 907 (CHAPTER 173, SB 27)κ
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3.ββExcept as otherwise provided in subsection 2 and NRS 200.50982, data or information concerning the reports and investigations of the abuse, neglect, exploitation or isolation of an older person is available only to:
(a)βA physician who is providing care to an older person who may have been abused, neglected, exploited or isolated;
(b)βAn agency responsible for or authorized to undertake the care, treatment and supervision of the older person;
(c)βA district attorney or other law enforcement official who requires the information in connection with an investigation of the abuse, neglect, exploitation or isolation of the older person;
(d)βA court which has determined, in camera, that public disclosure of such information is necessary for the determination of an issue before it;
(e)βA person engaged in bona fide research, but the identity of the subjects of the report must remain confidential;
(f)βA grand jury upon its determination that access to such records is necessary in the conduct of its official business;
(g)βAny comparable authorized person or agency in another jurisdiction;
(h)βA legal guardian of the older person, if the identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation or isolation of the older person to the public agency is protected, and the legal guardian of the older person is not the person suspected of such abuse, neglect, exploitation or isolation;
(i)βIf the older person is deceased, the executor or administrator of his estate, if the identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation or isolation of the older person to the public agency is protected, and the executor or administrator is not the person suspected of such abuse, neglect, exploitation or isolation; or
(j)βThe older person named in the report as allegedly being abused, neglected, exploited or isolated, if that person is not legally incompetent.
4.ββIf the person who is reported to have abused, neglected, exploited or isolated an older person is the holder of a license or certificate issued pursuant to chapters 449, 630 to 641B, inclusive, or 654 of NRS, or sections 2 to 37, inclusive, of this act, information contained in the report must be submitted to the board that issued the license.
Sec.β44.ββNRS 218.825 is hereby amended to read as follows:
218.825ββ1.ββEach of the boards and commissions created by the provisions of chapters 623 to 625A, inclusive, 628 to 644, inclusive, and [641C,] 654 and 656 of NRS and sections 2 to 37, inclusive, of this act shall engage the services of a certified public accountant or public accountant, or firm of either of such accountants, to audit all its fiscal records once each year for the preceding fiscal year or once every other year for the 2 preceding fiscal years. The cost of the audit must be paid by the board or commission audited.
2.ββA report of each such audit must be filed by the board or commission with the Legislative Auditor and the [Director] Chief of the Budget Division of the Department of Administration on or before December 1 of each year in which an audit is conducted. All audits must be conducted in accordance with generally accepted auditing standards and all financial statements must be prepared in accordance with generally accepted principles of accounting for special revenue funds.
3.ββThe Legislative Auditor shall audit the fiscal records of any such board or commission whenever directed to do so by the Legislative Commission.
κ2003 Statutes of Nevada, Page 908 (CHAPTER 173, SB 27)κ
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Commission. When the Legislative Commission directs such an audit, it shall also determine who is to pay the cost of the audit.
Sec.β45.ββNRS 284.013 is hereby amended to read as follows:
284.013ββ1.ββExcept as otherwise provided in subsection 4, this chapter does not apply to:
(a)βAgencies, bureaus, commissions, officers or personnel in the Legislative Department or the Judicial Department of State Government, including the Commission on Judicial Discipline;
(b)βAny person who is employed by a board, commission, committee or council created in chapters 590, 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 652, 654 and 656 of NRS [;] and sections 2 to 37, inclusive, of this act; or
(c)βOfficers or employees of any agency of the Executive Department of the State Government who are exempted by specific statute.
2.ββExcept as otherwise provided in subsection 3, the terms and conditions of employment of all persons referred to in subsection 1, including salaries not prescribed by law and leaves of absence, including, without limitation, annual leave and sick and disability leave, must be fixed by the appointing or employing authority within the limits of legislative appropriations or authorizations.
3.ββExcept as otherwise provided in this subsection, leaves of absence prescribed pursuant to subsection 2 must not be of lesser duration than those provided for other state officers and employees pursuant to the provisions of this chapter. The provisions of this subsection do not govern the Legislative Commission with respect to the personnel of the Legislative Counsel Bureau.
4.ββAny board, commission, committee or council created in chapters 590, 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 652, 654 and 656 of NRS and sections 2 to 37, inclusive, of this act which contracts for the services of a person, shall require the contract for those services to be in writing. The contract must be approved by the State Board of Examiners before those services may be provided.
Sec.β46.ββNRS 353.005 is hereby amended to read as follows:
353.005ββThe provisions of this chapter do not apply to boards created pursuant to chapters 623 to 625A, inclusive, 628, 630 to 640A, inclusive, 641 to 644, inclusive, 654 and 656 of NRS and sections 2 to 37, inclusive, of this act and the officers and employees thereof.
Sec.β47.ββNRS 353A.020 is hereby amended to read as follows:
353A.020ββ1.ββThe Director, in consultation with the Committee and Legislative Auditor, shall adopt a uniform system of internal accounting and administrative control for agencies. The elements of the system must include, without limitation:
(a)βA plan of organization which provides for a segregation of duties appropriate to safeguard the assets of the agency;
(b)βA plan which limits access to assets of the agency to persons who need the assets to perform their assigned duties;
(c)βProcedures for authorizations and recordkeeping which effectively control accounting of assets, liabilities, revenues and expenses;
(d)βA system of practices to be followed in the performance of the duties and functions of each agency; and
(e)βAn effective system of internal review.
2.ββThe Director, in consultation with the Committee and Legislative Auditor, may modify the system whenever he considers it necessary.
κ2003 Statutes of Nevada, Page 909 (CHAPTER 173, SB 27)κ
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3.ββEach agency shall develop written procedures to carry out the system of internal accounting and administrative control adopted pursuant to this section.
4.ββFor the purposes of this section, agency does not include:
(a)βA board created by the provisions of chapters 623 to 625A, inclusive, 628, 630 to 640A, inclusive, 641 to 644, inclusive, 654 and 656 of NRS [.] and sections 2 to 37, inclusive, of this act.
(b)βThe University and Community College System of Nevada.
(c)βThe Public Employees Retirement System.
(d)βThe Housing Division of the Department of Business and Industry.
(e)βThe Colorado River Commission of Nevada.
Sec.β48.ββNRS 353A.025 is hereby amended to read as follows:
353A.025ββ1.ββThe head of each agency shall periodically review the agencys system of internal accounting and administrative control to determine whether it is in compliance with the uniform system of internal accounting and administrative control for agencies adopted pursuant to subsection 1 of NRS 353A.020.
2.ββOn or before July 1 of each even-numbered year, the head of each agency shall report to the Director whether the agencys system of internal accounting and administrative control is in compliance with the uniform system adopted pursuant to subsection 1 of NRS 353A.020. The reports must be made available for inspection by the members of the Legislature.
3.ββFor the purposes of this section, agency does not include:
(a)βA board created by the provisions of chapters 623 to 625A, inclusive, 628, 630 to 640A, inclusive, 641 to 644, inclusive, 654 and 656 of NRS [.] and sections 2 to 37, inclusive, of this act.
(b)βThe University and Community College System of Nevada.
(c)βThe Public Employees Retirement System.
(d)βThe Housing Division of the Department of Business and Industry.
(e)βThe Colorado River Commission of Nevada.
4.ββThe Director shall, on or before the first Monday in February of each odd-numbered year, submit a report on the status of internal accounting and administrative controls in agencies to the:
(a)βDirector of the Legislative Counsel Bureau for transmittal to the:
(1)βSenate Standing Committee on Finance; and
(2)βAssembly Standing Committee on Ways and Means;
(b)βGovernor; and
(c)βLegislative Auditor.
5.ββThe report submitted by the Director pursuant to subsection 4 must include, without limitation:
(a)βThe identification of each agency that has not complied with the requirements of subsections 1 and 2;
(b)βThe identification of each agency that does not have an effective method for reviewing its system of internal accounting and administrative control; and
(c)βThe identification of each agency that has weaknesses in its system of internal accounting and administrative control, and the extent and types of such weaknesses.
Sec.β49.ββNRS 353A.045 is hereby amended to read as follows:
353A.045ββThe Chief shall:
1.ββReport to the Director.
κ2003 Statutes of Nevada, Page 910 (CHAPTER 173, SB 27)κ
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2.ββDevelop long-term and annual work plans to be based on the results of periodic documented risk assessments. The annual work plan must list the agencies to which the Division will provide training and assistance and be submitted to the Director for approval. Such agencies must not include:
(a)βA board created by the provisions of chapters 623 to 625A, inclusive, 628, 630 to 640A, inclusive, 641 to 644, inclusive, 654 and 656 of NRS [.] and sections 2 to 37, inclusive, of this act.
(b)βThe University and Community College System of Nevada.
(c)βThe Public Employees Retirement System.
(d)βThe Housing Division of the Department of Business and Industry.
(e)βThe Colorado River Commission of Nevada.
3.ββProvide a copy of the approved annual work plan to the Legislative Auditor.
4.ββIn consultation with the Director, prepare a plan for auditing executive branch agencies for each fiscal year and present the plan to the Committee for its review and approval. Each plan for auditing must:
(a)βState the agencies which will be audited, the proposed scope and assignment of those audits and the related resources which will be used for those audits; and
(b)βEnsure that the internal accounting, administrative controls and financial management of each agency are reviewed periodically.
5.ββPerform the audits of the programs and activities of the agencies in accordance with the plan approved pursuant to subsection 5 of NRS 353A.038 and prepare audit reports of his findings.
6.ββReview each agency that is audited pursuant to subsection 5 and advise those agencies concerning internal accounting, administrative controls and financial management.
7.ββSubmit to each agency that is audited pursuant to subsection 5 analyses, appraisals and recommendations concerning:
(a)βThe adequacy of the internal accounting and administrative controls of the agency; and
(b)βThe efficiency and effectiveness of the management of the agency.
8.ββReport any possible abuses, illegal actions, errors, omissions and conflicts of interest of which the Division becomes aware during the performance of an audit.
9.ββAdopt the standards of the Institute of Internal Auditors for conducting and reporting on audits.
10.ββConsult with the Legislative Auditor concerning the plan for auditing and the scope of audits to avoid duplication of effort and undue disruption of the functions of agencies that are audited pursuant to subsection 5.
11.ββAppoint a Manager of Internal Controls.
Sec.β50.ββNRS 432B.220 is hereby amended to read as follows:
432B.220ββ1.ββAny person who is described in subsection 3 and who, in his professional or occupational capacity, knows or has reasonable cause to believe that a child has been abused or neglected shall:
(a)βExcept as otherwise provided in subsection 2, report the abuse or neglect of the child to an agency which provides child welfare services or to a law enforcement agency; and
(b)βMake such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child has been abused or neglected.
κ2003 Statutes of Nevada, Page 911 (CHAPTER 173, SB 27)κ
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2.ββIf a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse or neglect of the child involves an act or omission of:
(a)βA person directly responsible or serving as a volunteer for or an employee of a public or private home, institution or facility where the child is receiving child care outside of his home for a portion of the day, the person shall make the report to a law enforcement agency.
(b)βAn agency which provides child welfare services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission, and the investigation of the abuse or neglect of the child must be made by an agency other than the one alleged to have committed the act or omission.
3.ββA report must be made pursuant to subsection 1 by the following persons:
(a)βA physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, athletic trainer, advanced emergency medical technician or other person providing medical services licensed or certified in this state;
(b)βAny personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of suspected abuse or neglect of a child by a member of the staff of the hospital;
(c)βA coroner;
(d)βA clergyman, practitioner of Christian Science or religious healer, unless he has acquired the knowledge of the abuse or neglect from the offender during a confession;
(e)βA social worker and an administrator, teacher, librarian or counselor of a school;
(f)βAny person who maintains or is employed by a facility or establishment that provides care for children, childrens camp or other public or private facility, institution or agency furnishing care to a child;
(g)βAny person licensed to conduct a foster home;
(h)βAny officer or employee of a law enforcement agency or an adult or juvenile probation officer;
(i)βAn attorney, unless he has acquired the knowledge of the abuse or neglect from a client who is or may be accused of the abuse or neglect;
(j)βAny person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met; and
(k)βAny person who is employed by or serves as a volunteer for an approved youth shelter. As used in this paragraph, approved youth shelter has the meaning ascribed to it in NRS 244.422.
4.ββA report may be made by any other person.
5.ββIf a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a child has died as a result of abuse or neglect, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the report and submit to an agency which provides child welfare services his written findings.
κ2003 Statutes of Nevada, Page 912 (CHAPTER 173, SB 27)κ
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services his written findings. The written findings must include, if obtainable, the information required pursuant to the provisions of subsection 2 of NRS 432B.230.
Sec.β51.ββNRS 608.0116 is hereby amended to read as follows:
608.0116ββProfessional means pertaining to an employee who is licensed or certified by the State of Nevada for and engaged in the practice of law or any of the professions regulated by chapters 623 to 645, inclusive, and 656A of NRS [.] and sections 2 to 37, inclusive, of this act.
Sec.β52.ββNotwithstanding the provisions of sections 2 to 37, inclusive, of this act, a person who engages in the practice of athletic training is not required to be licensed as such pursuant to the provisions of this act before July 1, 2004.
Sec.β53.ββ1.ββNotwithstanding the provisions of sections 2 to 37, inclusive, of this act, a person may be licensed as an athletic trainer, if he is employed or otherwise working as an athletic trainer on October 1, 2003, he is qualified for a license as an athletic trainer pursuant to the provisions of subsection 2 and, before April 1, 2004, he submits to the Board of Athletic Trainers created pursuant to section 16 of this act:
(a)βAn application for a license on a form provided by the Board;
(b)βThe fee for the license prescribed by the Board pursuant to section 33 of this act; and
(c)βThe statement required pursuant to section 28 of this act unless after January 1, 2003, the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(1)βHave failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(2)βAre in arrears in the payment for the support of one or more children,
are repealed by the Congress of the United States.
2.ββAn applicant is qualified for a license pursuant to this section as an athletic trainer if he:
(a)βIs certified as an athletic trainer by the National Athletic Trainers Association Board of Certification;
(b)βHas a bachelors degree in a course of study approved by the Board; or
(c)βHas education, training, experience or other qualifications that the Board determines qualify him to engage in the practice of athletic training.
Sec.β54.ββ1.ββNotwithstanding the provisions of section 16 of this act, each athletic trainer who is appointed to the Board of Athletic Trainers to an initial term pursuant to subsection 2 is not required to be licensed pursuant to sections 2 to 37, inclusive, of this act, at the time of appointment but must be eligible for a license as such at the time of appointment.
2.ββAs soon as practicable after October 1, 2003, the Governor shall appoint to the Board of Athletic Trainers:
(a)βTwo members whose terms expire on September 30, 2005; and
(b)βThree members whose terms expire on September 30, 2006.
Sec.β55.ββ1.ββOn or before January 1, 2004, the Board of Athletic Trainers shall:
κ2003 Statutes of Nevada, Page 913 (CHAPTER 173, SB 27)κ
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(a)βIdentify the personal trainers and other fitness instructors in this state and establish a registry of the names and addresses of those personal trainers and other fitness instructors to provide notice of the time and place of the public hearings held by the Board pursuant to this section; and
(b)βHold not less than five public hearings for the purpose of establishing recommendations concerning the regulation of personal trainers and other fitness instructors in this state.
2.ββOn or before January 15, 2005, the Board shall submit a report of its findings and recommendations concerning the regulation of personal trainers and other fitness instructors in this state to the 73rd Session of the Nevada Legislature. The recommendations may include, without limitation, appropriate:
(a)βEducational qualifications and experience requirements for licensure;
(b)βFees for the issuance and renewal of licenses;
(c)βRequirements for continuing education; and
(d)βGrounds for disciplinary action.
Sec.β56.ββSections 28 and 29 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
1.ββHave failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
2.ββAre in arrears in the payment for the support of one or more children,
are repealed by the Congress of the United States.
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Senate Bill No. 36Committee on Human Resources and Facilities
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CHAPTER 174
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AN ACT relating to education; authorizing regional training programs for the professional development of teachers and administrators to facilitate access to information concerning issues related to suicide among pupils; providing that receipt of or access to such information does not create an additional duty; and providing other matters properly relating thereto.
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[Approved: May 22, 2003]
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Sectionβ1.ββChapter 391 of NRS is hereby amended by adding thereto a new section to read as follows:
1.ββThe governing body of a regional training program may facilitate and coordinate access to information by teachers and administrators concerning issues related to suicide among pupils. Such information must be offered for educational purposes only.
κ2003 Statutes of Nevada, Page 914 (CHAPTER 174, SB 36)κ
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2.ββReceipt of or access to information pursuant to subsection 1 does not create a duty for any person in addition to those duties otherwise required in the course of his employment.
Sec.β2.ββNRS 391.500 is hereby amended to read as follows:
391.500ββAs used in NRS 391.500 to 391.556, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 391.504 and 391.508 have the meanings ascribed to them in those sections.
Sec.β3.ββThis act becomes effective on July 1, 2003.
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Senate Bill No. 62Committee on Human Resources and Facilities
Β
CHAPTER 175
Β
AN ACT relating to the University and Community College System of Nevada; requiring an institution within the University and Community College System of Nevada to provide electronic versions of instructional materials to students with print access disabilities under certain circumstances; requiring a publisher of such materials to provide the materials to an institution under certain circumstances; and providing other matters properly relating thereto.
Β
[Approved: May 22, 2003]
Β
Whereas,βCongress, in passing the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973, guaranteed Americans with disabilities access to public buildings and services and guaranteed reasonable accommodations to qualified students with disabilities; and
Whereas,βIn the 1995-1996 school year, approximately 6 percent of undergraduate students in the United States reported that they had a disability; and
Whereas,βPrint access disabilities present a significant disadvantage to students with such disabilities; and
Whereas,βImproving the educational results of students with disabilities who are enrolled in postsecondary educational institutions is an essential mission of this state; and
Whereas,βEnsuring opportunities for and the full participation of students with disabilities in higher education is a top priority in this state; and
Whereas,βThe State of Nevada and the University and Community College System of Nevada are dedicated to providing a quality postsecondary education to students with disabilities that meets the unique needs of such students; and
Whereas,βThe State of Nevada and the University and Community College System of Nevada are committed to working with publishers and other resources to ensure that students with disabilities receive instructional material in a timely manner and in a comprehensible format; and
Whereas,βIt is the policy of the State of Nevada that each textbook and other instructional material for higher education must be provided to students with disabilities in a comprehensible format when such a version of the textbook or other instructional material exists; now, therefore,THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
κ2003 Statutes of Nevada, Page 915 (CHAPTER 175, SB 62)κ
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββChapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:
1.ββIn the most timely manner practicable after receiving a written request for an electronic version of instructional material from a student with a print access disability, an institution shall provide to the student, at no cost, an electronic version of each requested instructional material that the institution determines is essential to the success of the student in a course of study offered by an institution of the System in which the student is enrolled.
2.ββIf an institution receives a request for an electronic version of nonprinted instructional material from a student pursuant to subsection 1 to whom the institution would be required to provide an electronic version of the material pursuant to subsection 1 and an electronic version of the nonprinted instructional material is not currently available at the institution or at another institution of the System, the institution must contact the publisher of the nonprinted instructional material and request an electronic version of the nonprinted instructional material. If the publisher:
(a)βHas an electronic version of the nonprinted instructional material, the publisher must provide the electronic version to the institution for distribution to the student; or
(b)βDoes not have an electronic version of the nonprinted instructional material, the institution must create and provide to the student an electronic version in the most timely manner practicable after the institution is notified by the publisher that the publisher does not have an electronic version of the nonprinted instructional material.
3.ββAs used in this section:
(a)βInstitution means any university, state college or community college within the System.
(b)βInstructional material means any published textbook and other published material that is used by students of the System. The term does not include nontextual mathematics and science materials unless, as determined by the Board of Regents, such materials are commercially available in a format that is compatible for use with equipment which is used by students of the System with print access disabilities to convert material into a format that provides them with the ability to have increased independent access to the material. The term includes, without limitation, nonprinted instructional material.
(c)βNonprinted instructional material means instructional material that is in a format other than print. The term does not include a website or Internet link that is associated with instructional material. The term includes, without limitation, instructional material that requires electronic equipment other than a computer or computer peripheral for the material to be used as a learning resource, such as a software program, videodisc, videotape and audiotape.
κ2003 Statutes of Nevada, Page 916 (CHAPTER 175, SB 62)κ
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(d)βPrint access disability means a condition in which a persons independent reading of, reading comprehension of, or visual access to printed material is limited or reduced because of a sensory, neurological, cognitive, physical or psychiatric disability.
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Senate Bill No. 72Committee on Judiciary
Β
CHAPTER 176
Β
AN ACT relating to conservation camps; authorizing the State Forester Firewarden of the Division of Forestry of the State Department of Conservation and Natural Resources to determine the amount of wages that must be paid to offenders who participate in conservation camps and who perform work relating to fire fighting and other work projects of conservation camps; and providing other matters properly relating thereto.
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[Approved: May 22, 2003]
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββNRS 209.231 is hereby amended to read as follows:
209.231ββ1.ββAny money received from the operation of any conservation camp established under this chapter or from the assignment of any crew of a conservation camp to the extent that the money is not used for salaries, overhead or operating expenses of any camp or crew [,] must be placed in the Division of Forestry Account.
2.ββThe State Forester Firewarden, as Executive Head of the Division of Forestry of the State Department of Conservation and Natural Resources, may:
(a)βExpend the money received pursuant to subsection 1 for:
(1)βThe renovation, repair or improvement of buildings and real property for any conservation camp.
(2)βThe acquisition of special clothing, tools and equipment , and payment of expenses directly related to work projects performed by a crew of a conservation camp such as, but not limited to, the costs of utilities and operation of equipment.
(b)βDirect all activities in connection with any renovation, repair or improvement of buildings and real property for any conservation camp or work project of a conservation camp.
3.ββThe State Forester Firewarden shall determine the amount of wages that must be paid to offenders who participate in conservation camps as provided in NRS 472.040.
Sec.β2.ββNRS 472.040 is hereby amended to read as follows:
472.040ββ1.ββThe State Forester Firewarden shall:
(a)βSupervise or coordinate all forestry and watershed work on state-owned and privately owned lands, including fire control, in Nevada, working with federal agencies, private associations, counties, towns, cities or private persons.
κ2003 Statutes of Nevada, Page 917 (CHAPTER 176, SB 72)κ
Β
(b)βAdminister all fire control laws and all forestry laws in Nevada outside of townsite boundaries, and perform any other duties designated by the Director of the State Department of Conservation and Natural Resources or by state law.
(c)βAssist and encourage county or local fire protection districts to create legally constituted fire protection districts where they are needed and offer guidance and advice in their operation.
(d)βDesignate the boundaries of each area of the State where the construction of buildings on forested lands creates such a fire hazard as to require the regulation of roofing materials.
(e)βAdopt and enforce regulations relating to standards for fire retardant roofing materials to be used in the construction, alteration, change or repair of buildings located within the boundaries of fire hazardous forested areas.
(f)βPurchase communication equipment which can use the microwave channels of the state communications system and store this equipment in regional locations for use in emergencies.
(g)βAdminister money appropriated and grants awarded for fire prevention, fire control and the education of firemen and award grants of money for those purposes to fire departments and educational institutions in this state.
(h)βDetermine the amount of wages that must be paid to offenders who participate in conservation camps and who perform work relating to fire fighting and other work projects of conservation camps.
2.ββThe State Forester Firewarden in carrying out the provisions of this chapter may:
(a)βAppoint paid foresters and firewardens to enforce the provisions of the laws of this state respecting forest and watershed management or the protection of forests and other lands from fire, subject to the approval of the board of county commissioners of each county concerned.
(b)βAppoint suitable citizen-wardens. Citizen-wardens serve voluntarily except that they may receive compensation when an emergency is declared by the State Forester Firewarden.
(c)βAppoint, upon the recommendation of the appropriate federal officials, resident officers of the United States Forest Service and the United States Bureau of Land Management as voluntary firewardens. Voluntary firewardens are not entitled to compensation for their services.
(d)βAppoint certain paid foresters or firewardens to be arson investigators.
(e)βEmploy, with the consent of the Director of the State Department of Conservation and Natural Resources, clerical assistance, county and district coordinators, patrolmen, firefighters, and other employees as needed, and expend such sums as may be necessarily incurred for this purpose.
(f)βPurchase, or acquire by donation, supplies, material, equipment and improvements necessary to fire protection and forest and watershed management.
(g)βWith the approval of the Director of the State Department of Conservation and Natural Resources and the State Board of Examiners, purchase or accept the donation of real property to be used for lookout sites and for other administrative, experimental or demonstration purposes. No real property may be purchased or accepted unless an examination of the title shows the property to be free from encumbrances, with title vested in the grantor.
κ2003 Statutes of Nevada, Page 918 (CHAPTER 176, SB 72)κ
Β
grantor. The title to the real property must be examined and approved by the Attorney General.
(h)βExpend any money appropriated by the State to the Division of Forestry of the State Department of Conservation and Natural Resources for paying expenses incurred in fighting fires or in emergencies which threaten human life.
3.ββThe State Forester Firewarden, in carrying out the powers and duties granted in this section, is subject to administrative supervision by the Director of the State Department of Conservation and Natural Resources.
Sec.β3.ββThis act becomes effective on July 1, 2003.
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Senate Bill No. 103Senators Tiffany, Cegavske, Amodei, Coffin, Hardy, McGinness, Nolan, OConnell, Rawson, Rhoads, Shaffer, Washington and Wiener
Β
Joint Sponsors: Assemblymen Beers, Hettrick, Andonov, Hardy, Mabey, Parks and Weber
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CHAPTER 177
Β
AN ACT relating to counties; extending the time a county may lease real property of the county to a corporation for public benefit under certain circumstances; and providing other matters properly relating thereto.
Β
[Approved: May 22, 2003]
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββNRS 244.284 is hereby amended to read as follows:
244.284ββ1.ββIn addition to the powers conferred by NRS 450.500, the board of county commissioners may:
(a)βLease any of the real property of the county for a term not exceeding [30] 99 years; or
(b)βConvey any of the real property of the county, except property of the county that is operated or occupied by the county fair and recreation board, without consideration,
if such real property is not needed for the public purposes of the county and is leased or conveyed to a corporation for public benefit, and the property is actually used for charitable or civic purposes.
2.ββA lease or conveyance pursuant to this section may be made on such terms and conditions as seem proper to the board of county commissioners.
3.ββIf a corporation for public benefit to which property is conveyed pursuant to this section ceases to use the property for charitable or civic purposes, the property automatically reverts to the county.
4.ββAs used in this section, corporation for public benefit has the meaning ascribed to it in NRS 82.021.
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κ2003 Statutes of Nevada, Page 919κ
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Senate Bill No. 122Senators Titus and Wiener
Β
CHAPTER 178
Β
AN ACT relating to malpractice; revising various provisions relating to filings and rates for certain insurers that issue policies of malpractice insurance; providing persons with the right to provide testimony at certain hearings before the Commissioner of Insurance under certain circumstances; establishing various requirements relating to policies of malpractice insurance; authorizing the Commissioner to protect essential medical specialties from certain adverse actions regarding policies of malpractice insurance; requiring the Commissioner to collect certain information and to conduct certain studies relating to policies of malpractice insurance; providing that certain information in certain settlement agreements must not be made confidential; providing penalties; and providing other matters properly relating thereto.
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[Approved: May 22, 2003]
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββNRS 686B.040 is hereby amended to read as follows:
686B.040ββ[The]
1.ββExcept as otherwise provided in subsection 2, the Commissioner may by rule exempt any person or class of persons or any market segment from any or all of the provisions of NRS 686B.010 to 686B.1799, inclusive, if and to the extent that he finds their application unnecessary to achieve the purposes of those sections.
2.ββThe Commissioner may not, by rule or otherwise, exempt an insurer from the provisions of NRS 686B.010 to 686B.1799, inclusive, with regard to insurance covering the liability of a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS for a breach of his professional duty toward a patient.
Sec.β2.ββNRS 686B.070 is hereby amended to read as follows:
686B.070ββ1.ββEvery authorized insurer and every rate service organization licensed under NRS [686B.130] 686B.140 which has been designated by any insurer for the filing of rates under subsection 2 of NRS 686B.090 shall file with the Commissioner all:
[1.]β(a)βRates and proposed increases thereto;
[2.]β(b)βForms of policies to which the rates apply;
[3.]β(c)βSupplementary rate information; and
[4.]β(d)βChanges and amendments thereof,
made by it for use in this state.
2.ββIf an insurer makes a filing for a proposed increase in a rate for insurance covering the liability of a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS for a breach of his professional duty toward a patient, the insurer shall not include in the filing any component that is directly or indirectly related to the following:
(a)βCapital losses, diminished cash flow from any dividends, interest or other investment returns, or any other financial loss that is materially outside of the claims experience of the professional liability insurance industry, as determined by the Commissioner.
κ2003 Statutes of Nevada, Page 920 (CHAPTER 178, SB 122)κ
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outside of the claims experience of the professional liability insurance industry, as determined by the Commissioner.
(b)βLosses that are the result of any criminal or fraudulent activities of a director, officer or employee of the insurer.
If the Commissioner determines that a filing includes any such component, the Commissioner shall, pursuant to NRS 686B.110, disapprove the proposed increase, in whole or in part, to the extent that the proposed increase relies upon such a component.
Sec.β3.ββNRS 686B.090 is hereby amended to read as follows:
686B.090ββ1.ββAn insurer shall establish rates and supplementary rate information for any market segment based on the factors in NRS 686B.060. If an insurer has insufficient creditable loss experience, it may use rates and supplementary rate information prepared by a rate service organization, with modification for its own expense and loss experience.
2.ββAn insurer may discharge its obligation under subsection 1 of NRS 686B.070 by giving notice to the Commissioner that it uses rates and supplementary rate information prepared by a designated rate service organization, with such information about modifications thereof as are necessary fully to inform the Commissioner. The insurers rates and supplementary rate information shall be deemed those filed from time to time by the rate service organization, including any amendments thereto as filed, subject [, however,] to the modifications filed by the insurer.
Sec.β4.ββNRS 686B.110 is hereby amended to read as follows:
686B.110ββ1.ββThe Commissioner shall consider each proposed increase or decrease in the rate of any kind or line of insurance or subdivision thereof filed with him pursuant to subsection 1 of NRS 686B.070. If the Commissioner finds that a proposed increase will result in a rate which is not in compliance with NRS 686B.050 [,] or subsection 2 of NRS 686B.070, he shall disapprove the proposal. The Commissioner shall approve or disapprove each proposal no later than 60 days after it is determined by him to be complete pursuant to subsection 4. If the Commissioner fails to approve or disapprove the proposal within that period, the proposal shall be deemed approved.
2.ββWhenever an insurer has no legally effective rates as a result of the Commissioners disapproval of rates or other act, the Commissioner shall on request specify interim rates for the insurer that are high enough to protect the interests of all parties and may order that a specified portion of the premiums be placed in an escrow account approved by him. When new rates become legally effective, the Commissioner shall order the escrowed funds or any overcharge in the interim rates to be distributed appropriately, except that refunds to policyholders that are de minimis must not be required.
3.ββIf the Commissioner disapproves a proposed rate and an insurer requests a hearing to determine the validity of his action, the insurer has the burden of showing compliance with the applicable standards for rates established in NRS 686B.010 to 686B.1799, inclusive. Any such hearing must be held:
(a)βWithin 30 days after the request for a hearing has been submitted to the Commissioner; or
(b)βWithin a period agreed upon by the insurer and the Commissioner.
If the hearing is not held within the period specified in paragraph (a) or (b), or if the Commissioner fails to issue an order concerning the proposed rate for which the hearing is held within 45 days after the hearing, the proposed rate shall be deemed approved.
κ2003 Statutes of Nevada, Page 921 (CHAPTER 178, SB 122)κ
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for which the hearing is held within 45 days after the hearing, the proposed rate shall be deemed approved.
4.ββThe Commissioner shall by regulation specify the documents or any other information which must be included in a proposal to increase or decrease a rate submitted to him pursuant to subsection 1. Each such proposal shall be deemed complete upon its filing with the Commissioner, unless the Commissioner, within 15 business days after the proposal is filed with him, determines that the proposal is incomplete because the proposal does not comply with the regulations adopted by him pursuant to this subsection.
Sec.β5.ββNRS 686B.115 is hereby amended to read as follows:
686B.115ββ1.ββAny hearing held by the Commissioner to determine whether rates comply with the provisions of NRS 686B.010 to 686B.1799, inclusive, must be open to members of the public.
2.ββAll costs for transcripts prepared pursuant to such a hearing must be paid by the insurer requesting the hearing.
3.ββAt any hearing which is held by the Commissioner to determine whether rates comply with the provisions of NRS 686B.010 to 686B.1799, inclusive, and which involves rates for insurance covering the liability of a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS for a breach of his professional duty toward a patient, if a person is not otherwise authorized pursuant to this title to become a party to the hearing by intervention, the person is entitled to provide testimony at the hearing if, not later than 2 days before the date set for the hearing, the person files with the Commissioner a written statement which states:
(a)βThe name and title of the person;
(b)βThe interest of the person in the hearing; and
(c)βA brief summary describing the purpose of the testimony the person will offer at the hearing.
4.ββIf a person provides testimony at a hearing in accordance with subsection 3:
(a)βThe Commissioner may, if he finds it necessary to preserve order, prevent inordinate delay or protect the rights of the parties at the hearing, place reasonable limitations on the duration of the testimony and prohibit the person from providing testimony that is not relevant to the issues raised at the hearing.
(b)βThe Commissioner shall consider all relevant testimony provided by the person at the hearing in determining whether the rates comply with the provisions of NRS 686B.010 to 686B.1799, inclusive.
Sec.β6.ββChapter 690B of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 16, inclusive, of this act.
Sec.β7.ββAs used in sections 7 to 16, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 8 to 11, inclusive, of this act have the meanings ascribed to them in those sections.
Sec.β8.ββClaims-made policy means a policy of professional liability insurance that provides coverage only for claims that arise from incidents or events which occur while the policy is in force and which are reported to the insurer while the policy is in force.
Sec.β9.ββExtended reporting endorsement means an endorsement to a claims-made policy which requires the payment of a separate premium and which provides coverage for claims that arise from incidents or events which occur while the claims-made policy is in force but which are reported to the insurer after the claims-made policy is terminated.
κ2003 Statutes of Nevada, Page 922 (CHAPTER 178, SB 122)κ
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which occur while the claims-made policy is in force but which are reported to the insurer after the claims-made policy is terminated.
Sec.β10.ββPractitioner means a practitioner who provides health care and who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.
Sec.β11.ββProfessional liability insurance means a policy of insurance covering the liability of a practitioner for a breach of his professional duty toward a patient.
Sec.β12.ββIf an insurer offers to issue a claims-made policy to a practitioner, the insurer shall:
1.ββOffer to issue an extended reporting endorsement to the practitioner; and
2.ββDisclose to the practitioner the cost formula that the insurer uses to determine the premium for the extended reporting endorsement. The cost formula must be based on:
(a)βAn amount that is not more than twice the amount of the premium for the claims-made policy at the time of the termination of that policy; and
(b)βThe rates filed by the insurer and approved by the Commissioner.
Sec.β13.ββ1.ββExcept as otherwise provided in this section, if an insurer issues a policy of professional liability insurance to a practitioner who delivers one or more babies per year, the insurer shall not set the premium for the policy at a rate that is different from the rate set for such a policy issued by the insurer to any other practitioner who delivers one or more babies per year if the difference in rates is based in whole or in part upon the number of babies delivered per year by the practitioner.
2.ββIf an insurer issues a policy of professional liability insurance to a practitioner who delivers one or more babies per year, the insurer may set the premium for the policy at a rate that is different, based in whole or in part upon the number of babies delivered per year by the practitioner, from the rate set for such a policy issued by the insurer to any other practitioner who delivers one or more babies per year if the insurer:
(a)βBases the difference upon actuarial and loss experience data available to the insurer; and
(b)βObtains the approval of the Commissioner for the difference in rates.
3.ββThe provisions of this section do not prohibit an insurer from setting the premium for a policy of professional liability insurance issued to a practitioner who delivers one or more babies per year at a rate that is different from the rate set for such a policy issued by the insurer to any other practitioner who delivers one or more babies per year if the difference in rates is based solely upon factors other than the number of babies delivered per year by the practitioner.
Sec.β14.ββ1.ββOn or before April 1 of each year, the Commissioner shall:
(a)βDetermine whether there are any medical specialties in this state which are essential as a matter of public policy and which must be protected pursuant to this section from certain adverse actions relating to professional liability insurance that may impair the availability of those essential medical specialties to the residents of this state; and
(b)βMake a list containing the essential medical specialties designated by the Commissioner and provide the list to each insurer that issues policies of professional liability insurance to practitioners who are practicing in one or more of the essential medical specialties.
κ2003 Statutes of Nevada, Page 923 (CHAPTER 178, SB 122)κ
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2.ββIf an insurer intends to cancel, terminate or otherwise not renew a specific policy of professional liability insurance that it has issued to a practitioner who is practicing in one or more of the essential medical specialties designated by the Commissioner:
(a)βThe insurer must provide 120 days notice to the practitioner before its intended action becomes effective; and
(b)βThe Commissioner may require the insurer to delay its intended action for a period of not more than 60 days if the Commissioner determines that a replacement policy is not readily available to the practitioner.
3.ββIf an insurer intends to cancel, terminate or otherwise not renew all policies of professional liability insurance that it has issued to practitioners who are practicing in one or more of the essential medical specialties designated by the Commissioner:
(a)βThe insurer must provide 120 days notice of its intended action to the Commissioner and the practitioners before its intended action becomes effective; and
(b)βThe Commissioner may require the insurer to delay its intended action for a period of not more than 60 days if the Commissioner determines that replacement policies are not readily available to the practitioners.
4.ββThe Commissioner may adopt any regulations that are necessary to carry out the provisions of this section.
5.ββUntil the Commissioner determines which, if any, medical specialties are to be designated as essential medical specialties, the following medical specialties shall be deemed to be essential medical specialties for the purposes of this section:
(a)βEmergency medicine.
(b)βNeurosurgery.
(c)βObstetrics and gynecology.
(d)βOrthopedic surgery.
(e)βPediatrics.
(f)βTrauma surgery.
Sec.β15.ββ1.ββThe Commissioner shall collect all information which is pertinent to monitoring whether an insurer that issues professional liability insurance is complying with the applicable standards for rates established in NRS 686B.010 to 686B.1799, inclusive. Such information must include, without limitation:
(a)βThe amount of gross premiums collected with regard to each medical specialty;
(b)βInformation relating to loss ratios;
(c)βInformation reported pursuant to NRS 690B.045; and
(d)βInformation reported pursuant to NRS 679B.430 and 679B.440.
2.ββIn addition to the information collected pursuant to subsection 1, the Commissioner may request any additional information from an insurer:
(a)βWhose rates and credit utilization are materially different from other insurers in the market for professional liability insurance in this state;
(b)βWhose credit utilization shows a substantial change from the previous year; or
κ2003 Statutes of Nevada, Page 924 (CHAPTER 178, SB 122)κ
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(c)βWhose information collected pursuant to subsection 1 indicates a potentially adverse trend.
3.ββIf the Commissioner requests additional information from an insurer pursuant to subsection 2, the Commissioner shall:
(a)βDetermine whether the additional information offers a reasonable explanation for the results described in paragraphs (a), (b) or (c) of subsection 2; and
(b)βTake any steps permitted by law that are necessary and appropriate to assure the ongoing stability of the market for professional liability insurance in this state.
4.ββOn an ongoing basis, the Commissioner shall:
(a)βAnalyze and evaluate the information collected pursuant to this section to determine trends in and measure the health of the market for professional liability insurance in this state; and
(b)βPrepare and submit a report of his findings and recommendations to the Director of the Legislative Counsel Bureau for transmittal to members of the Legislature on or before November 15 of each year.
Sec.β16.ββ1.ββIf an agreement settles a claim or action against a practitioner for a breach of his professional duty toward a patient, the following terms of the agreement must not be made confidential:
(a)βThe names of the parties;
(b)βThe date of the incidents or events giving rise to the claim or action;
(c)βThe nature of the claim or action as set forth in the complaint and the answer that is filed with the district court; and
(d)βThe effective date of the agreement.
2.ββAny provision of an agreement to settle a claim or action that conflicts with this section is void.
Sec.β17.ββ1.ββThe Commissioner of Insurance shall conduct a study to determine whether legislation enacting tort reform has benefited or will benefit the market for professional liability insurance in this state. On or before February 1, 2005, the Commissioner shall prepare a report that contains the findings of the study and submit the report to the Director of the Legislative Counsel Bureau for transmittal to the 73rd Session of the Nevada Legislature.
2.ββIf the constitutionality of any legislation enacting tort reform is upheld by the Nevada Supreme Court, the Commissioner shall:
(a)βNot later than 60 days after the date of the decision of the Nevada Supreme Court, obtain from each insurer that is offering professional liability insurance in this state a rating plan that describes the extent to which the insurer will incorporate the expected decrease in loss costs into its premiums for professional liability insurance;
(b)βReview and evaluate each such rating plan to determine whether the rating plan is reasonable;
(c)βPrepare a report which summarizes the rating plans and the evaluations made by the Commissioner and which contains recommendations as to whether the rating plans should be implemented; and
(d)βSubmit the report to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Nevada Legislature following submission of the report.
κ2003 Statutes of Nevada, Page 925 (CHAPTER 178, SB 122)κ
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3.ββAs used in this section, professional liability insurance means a policy of insurance covering the liability of a practitioner who provides health care for a breach of his professional duty toward a patient.
Sec.β18.ββ1.ββThe provisions of sections 12 and 13 of this act apply only to a policy of professional liability insurance, as defined in section 11 of this act, which is offered, issued or renewed on or after October 1, 2003.
2.ββThe provisions of section 16 of this act apply only to a cause of action which accrues on or after October 1, 2003.
Sec.β19.ββThis act becomes effective:
1.ββUpon passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
2.ββOn October 1, 2003, for all other purposes.
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Senate Bill No. 123Senator Titus
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Joint Sponsor: Assemblyman Parks
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CHAPTER 179
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AN ACT relating to campaign practices; prohibiting public officers and employees from requesting or otherwise causing state and local governments to, under certain circumstances, make an expenditure to support or oppose a ballot question or a candidate; and providing other matters properly relating thereto.
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[Approved: May 22, 2003]
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Sectionβ1.ββChapter 281 of NRS is hereby amended by adding thereto a new section to read as follows:
1.ββExcept as otherwise provided in subsections 4 and 5, a public officer or employee shall not request or otherwise cause a governmental entity to incur an expense or make an expenditure to support or oppose:
(a)βA ballot question.
(b)βA candidate.
2.ββFor the purposes of paragraph (b) of subsection 1, an expense incurred or an expenditure made by a governmental entity shall be considered an expense incurred or an expenditure made in support of a candidate if:
(a)βThe expense is incurred or the expenditure is made for the creation or dissemination of a pamphlet, brochure, publication, advertisement or television programming that prominently features the activities of a current public officer of the governmental entity who is a candidate for a state, local or federal elective office; and
(b)βThe pamphlet, brochure, publication, advertisement or television programming described in paragraph (a) is created or disseminated during the period specified in subsection 3.
κ2003 Statutes of Nevada, Page 926 (CHAPTER 179, SB 123)κ
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3.ββThe period during which the provisions of subsection 2 apply to a particular governmental entity begins when a current public officer of that governmental entity files a declaration of candidacy or acceptance of candidacy and ends on the date of the general election, general city election or special election for the office for which the current public officer of the governmental entity is a candidate.
4.ββThe provisions of this section do not prohibit the creation or dissemination of, or the appearance of a candidate in or on, as applicable, a pamphlet, brochure, publication, advertisement or television programming that:
(a)βIs made available to the public on a regular basis and merely describes the functions of:
(1)βThe public office held by the public officer who is the candidate; or
(2)βThe governmental entity by which the public officer who is the candidate is employed; or
(b)βIs created or disseminated in the course of carrying out a duty of:
(1)βThe public officer who is the candidate; or
(2)βThe governmental entity by which the public officer who is the candidate is employed.
5.ββThe provisions of this section do not prohibit an expense or an expenditure incurred to create or disseminate a television program that provides a forum for discussion or debate regarding a ballot question, if persons both in support of and in opposition to the ballot question participate in the television program.
6.ββAs used in this section:
(a)βGovernmental entity means:
(1)βThe government of this state;
(2)βAn agency of the government of this state;
(3)βA political subdivision of this state; and
(4)βAn agency of a political subdivision of this state.
(b)βPamphlet, brochure, publication, advertisement or television programming includes, without limitation, a publication, a public service announcement and any programming on a television station created to provide community access to cable television. The term does not include:
(1)βA press release issued to the media by a governmental entity; or
(2)βThe official website of a governmental entity.
(c)βPolitical subdivision means a county, city or any other local government as defined in NRS 354.474.
Sec.β2.ββNRS 281.431 is hereby amended to read as follows:
281.431ββAs used in NRS 281.411 to 281.581, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 281.432 to 281.4375, inclusive, have the meanings ascribed to them in those sections.
Sec.β3.ββNRS 293.725 is hereby repealed.
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κ2003 Statutes of Nevada, Page 927κ
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Senate Bill No. 124Senator Titus
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CHAPTER 180
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AN ACT relating to corporations; requiring certain corporations to provide certain information at the time of filing the list of officers and directors and to pay a fee under certain circumstances; and providing other matters properly relating thereto.
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[Approved: May 22, 2003]
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Sectionβ1.ββChapter 78 of NRS is hereby amended by adding thereto a new section to read as follows:
1.ββAt the time of submitting any list required pursuant to NRS 78.150, a corporation that meets the criteria set forth in subsection 2 must submit:
(a)βThe statement required pursuant to subsection 3, accompanied by a declaration under penalty of perjury attesting that the statement does not contain any material misrepresentation of fact; and
(b)βA fee of $100,000, to be distributed in the manner provided pursuant to subsection 4.
2.ββA corporation must submit a statement pursuant to this section if the corporation, including its parent and all subsidiaries:
(a)βHolds 25 percent or more of the share of the market within this state for any product sold or distributed by the corporation within this state; and
(b)βHas had, during the previous 5-year period, a total of five or more investigations commenced against the corporation, its parent or its subsidiaries in any jurisdiction within the United States, including all state and federal investigations:
(1)βWhich concern any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060, or which concern similar activities prohibited by a substantially similar law of another jurisdiction; and
(2)βWhich resulted in the corporation being fined or otherwise penalized or which resulted in the corporation being required to divest any holdings or being unable to acquire any holdings as a condition for the settlement, dismissal or resolution of those investigations.
3.ββA corporation that meets the criteria set forth in subsection 2 shall submit a statement which includes the following information with respect to each investigation:
(a)Β The jurisdiction in which the investigation was commenced.
(b)βA summary of the nature of the investigation and the facts and circumstances surrounding the investigation.
(c)βIf the investigation resulted in criminal or civil litigation, a copy of all pleadings filed in the investigation by any party to the litigation.
(d)βA summary of the outcome of the investigation, including specific information concerning whether any fine or penalty was imposed against the corporation and whether the corporation was required to divest any holdings or was unable to acquire any holdings as a condition for the settlement, dismissal or resolution of the investigation.
κ2003 Statutes of Nevada, Page 928 (CHAPTER 180, SB 124)κ
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holdings or was unable to acquire any holdings as a condition for the settlement, dismissal or resolution of the investigation.
4.ββThe fee collected pursuant to subsection 1 must be deposited in the Attorney Generals Administration Budget Account and used solely for the purpose of investigating any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060.
Sec.β2.ββNRS 78.150 is hereby amended to read as follows:
78.150ββ1.ββA corporation organized pursuant to the laws of this state shall, on or before the first day of the second month after the filing of its articles of incorporation with the Secretary of State, file with the Secretary of State a list, on a form furnished by him, containing:
(a)βThe name of the corporation;
(b)βThe file number of the corporation, if known;
(c)βThe names and titles of the president, secretary, treasurer and of all the directors of the corporation;
(d)βThe mailing or street address, either residence or business, of each officer and director listed, following the name of the officer or director;
(e)βThe name and street address of the resident agent of the corporation; and
(f)βThe signature of an officer of the corporation certifying that the list is true, complete and accurate.
2.ββThe corporation shall annually thereafter, on or before the last day of the month in which the anniversary date of incorporation occurs in each year, file with the Secretary of State, on a form furnished by him, an annual list containing all of the information required in subsection 1.
3.ββEach list required by subsection 1 or 2 must be accompanied by [a] :
(a)βA declaration under penalty of perjury that the corporation has complied with the provisions of chapter 364A of NRS.
(b)βA statement as to whether the corporation is a publicly traded company. If the corporation is a publicly traded company, the corporation must list its Central Index Key. The Secretary of State shall include on his Internet website the Central Index Key of a corporation provided pursuant to this paragraph and instructions describing the manner in which a member of the public may obtain information concerning the corporation from the Securities and Exchange Commission.
4.ββUpon filing the list required by:
(a)βSubsection 1, the corporation shall pay to the Secretary of State a fee of $165.
(b)βSubsection 2, the corporation shall pay to the Secretary of State a fee of $85.
5.ββThe Secretary of State shall, 60 days before the last day for filing each annual list required by subsection 2, cause to be mailed to each corporation which is required to comply with the provisions of NRS 78.150 to 78.185, inclusive, and section 1 of this act and which has not become delinquent, a notice of the fee due pursuant to subsection 4 and a reminder to file the annual list required by subsection 2. Failure of any corporation to receive a notice or form does not excuse it from the penalty imposed by law.
6.ββIf the list to be filed pursuant to the provisions of subsection 1 or 2 is defective in any respect or the fee required by subsection 4 or 8 is not paid, the Secretary of State may return the list for correction or payment.
7.ββAn annual list for a corporation not in default which is received by the Secretary of State more than 60 days before its due date shall be deemed an amended list for the previous year and must be accompanied by a fee of $85 for filing.
κ2003 Statutes of Nevada, Page 929 (CHAPTER 180, SB 124)κ
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an amended list for the previous year and must be accompanied by a fee of $85 for filing. A payment submitted pursuant to this subsection does not satisfy the requirements of subsection 2 for the year to which the due date is applicable.
8.ββIf the corporation is an association as defined in NRS 116.110315, the Secretary of State shall not accept the filing required by this section unless it is accompanied by evidence of the payment of the fee required to be paid pursuant to NRS 116.31155 that is provided to the association pursuant to subsection 4 of that section.
Sec.β3.ββNRS 78.170 is hereby amended to read as follows:
78.170ββ1.ββEach corporation which is required to make a filing and pay the fee prescribed in NRS 78.150 to 78.185, inclusive, and section 1 of this act and which refuses or neglects to do so within the time provided shall be deemed in default.
2.ββFor default there must be added to the amount of the fee a penalty of $50. The fee and penalty must be collected as provided in this chapter.
Sec.β4.ββChapter 80 of NRS is hereby amended by adding thereto a new section to read as follows:
1.ββAt the time of submitting any list required pursuant to NRS 80.110, a corporation that meets the criteria set forth in subsection 2 must submit:
(a)βThe statement required pursuant to subsection 3, accompanied by a declaration under penalty of perjury attesting that the statement does not contain any material misrepresentation of fact; and
(b)βA fee of $100,000, to be distributed in the manner provided pursuant to subsection 4.
2.ββA corporation must submit a statement pursuant to this section if the corporation, including its parent and all subsidiaries:
(a)βHolds 25 percent or more of the share of the market within this state for any product sold or distributed by the corporation within this state; and
(b)βHas had, during the previous 5-year period, a total of five or more investigations commenced against the corporation, its parent or its subsidiaries in any jurisdiction within the United States, including all state and federal investigations:
(1)βWhich concern any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060, or which concern similar activities prohibited by a substantially similar law of another jurisdiction; and
(2)βWhich resulted in the corporation being fined or otherwise penalized or which resulted in the corporation being required to divest any holdings or being unable to acquire any holdings as a condition for the settlement, dismissal or resolution of those investigations.
3.ββA corporation that meets the criteria set forth in subsection 2 shall submit a statement which includes the following information with respect to each investigation:
(a)Β The jurisdiction in which the investigation was commenced.
(b)βA summary of the nature of the investigation and the facts and circumstances surrounding the investigation.
(c)βIf the investigation resulted in criminal or civil litigation, a copy of all pleadings filed in the investigation by any party to the litigation.
(d)βA summary of the outcome of the investigation, including specific information concerning whether any fine or penalty was imposed against the corporation and whether the corporation was required to divest any holdings or was unable to acquire any holdings as a condition for the settlement, dismissal or resolution of the investigation.
κ2003 Statutes of Nevada, Page 930 (CHAPTER 180, SB 124)κ
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the corporation and whether the corporation was required to divest any holdings or was unable to acquire any holdings as a condition for the settlement, dismissal or resolution of the investigation.
4.ββThe fee collected pursuant to subsection 1 must be deposited in the Attorney Generals Administration Budget Account and used solely for the purpose of investigating any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060.
Sec.β5.ββNRS 80.110 is hereby amended to read as follows:
80.110ββ1.ββEach foreign corporation doing business in this state shall, on or before the first day of the second month after the filing of its certificate of corporate existence with the Secretary of State, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this state occurs in each year, file with the Secretary of State a list, on a form furnished by him, that contains:
(a)βThe names of its president, secretary and treasurer , or [their equivalent,] the equivalent thereof, and all of its directors;
(b)βA designation of its resident agent in this state; and
(c)βThe signature of an officer of the corporation.
Each list filed pursuant to this subsection must be accompanied by a declaration under penalty of perjury that the foreign corporation has complied with the provisions of chapter 364A of NRS. Each list filed pursuant to this subsection must also be accompanied by a statement as to whether the corporation is a publicly traded company. If the corporation is a publicly traded company, the corporation must list its Central Index Key. The Secretary of State shall include on his Internet website the Central Index Key of a corporation provided pursuant to this subsection and instructions describing the manner in which a member of the public may obtain information concerning the corporation from the Securities and Exchange Commission.
2.ββUpon filing:
(a)βThe initial list required by subsection 1, the corporation shall pay to the Secretary of State a fee of $165.
(b)βEach annual list required by subsection 1, the corporation shall pay to the Secretary of State a fee of $85.
3.ββThe Secretary of State shall, 60 days before the last day for filing each annual list required by subsection 1, cause to be mailed to each corporation required to comply with the provisions of NRS 80.110 to 80.170, inclusive, and section 4 of this act and which has not become delinquent, the blank forms to be completed and filed with him. Failure of any corporation to receive the forms does not excuse it from the penalty imposed by the provisions of NRS 80.110 to 80.170, inclusive [.] , and section 4 of this act.
4.ββAn annual list for a corporation not in default which is received by the Secretary of State more than 60 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.
Sec.β6.ββNRS 80.150 is hereby amended to read as follows:
80.150ββ1.ββAny corporation which is required to make a filing and pay the fee prescribed in NRS 80.110 to 80.170, inclusive, and section 4 of this act and which refuses or neglects to do so within the time provided [,] is in default.
2.ββFor default there must be added to the amount of the fee a penalty of $50, and unless the filing is made and the fee and penalty are paid on or before the first day of the ninth month following the month in which filing was required, the defaulting corporation by reason of its default forfeits its right to transact any business within this state.
κ2003 Statutes of Nevada, Page 931 (CHAPTER 180, SB 124)κ
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before the first day of the ninth month following the month in which filing was required, the defaulting corporation by reason of its default forfeits its right to transact any business within this state. The fee and penalty must be collected as provided in this chapter.
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Senate Bill No. 134Senator Care
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CHAPTER 181
Β
AN ACT relating to gaming; repealing the prohibition on the assignment of the right to periodic payments of winnings from gaming; and providing other matters properly relating thereto.
Β
[Approved: May 22, 2003]
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββNRS 463.3669 is hereby repealed.
Sec.β2.ββThis act becomes effective upon passage and approval.
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Senate Bill No. 139Senator Townsend
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CHAPTER 182
Β
AN ACT relating to real estate; making various changes to provisions governing certain real estate practices; revising provisions governing property management agreements; revising provisions which require real estate broker-salesmen and real estate salesmen to disclose in certain advertisements the name of the brokerage with whom they are associated; revising provisions relating to brokerage agreements which provide for exclusive agency representation; and providing other matters properly relating thereto.
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[Approved: May 22, 2003]
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Sectionβ1.ββChapter 645 of NRS is hereby amended by adding thereto a new section to read as follows:
Property management agreement means a written contract between a client and a broker in which the broker agrees to accept valuable consideration from the client or another person for providing property management for the client.
Sec.β2.ββNRS 645.0005 is hereby amended to read as follows:
645.0005ββAs used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 645.001 to 645.040, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.
κ2003 Statutes of Nevada, Page 932 (CHAPTER 182, SB 139)κ
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Sec.β3.ββNRS 645.005 is hereby amended to read as follows:
645.005ββBrokerage agreement means an oral or written contract between a client and a [licensee] broker in which the [licensee] broker agrees to accept valuable consideration from the client or another person for assisting, soliciting or negotiating the sale, purchase, option, rental or lease of real property. The term does not include a property management agreement.
Sec.β4.ββNRS 645.009 is hereby amended to read as follows:
645.009ββClient means a person who has entered into a brokerage agreement with a [licensee.] broker or a property management agreement with a broker.
Sec.β5.ββNRS 645.019 is hereby amended to read as follows:
645.019ββProperty management means the physical, administrative or financial maintenance and management of real property, or the supervision of such activities for a fee, commission or other compensation or valuable consideration, pursuant to a [brokerage] property management agreement.
Sec.β6.ββNRS 645.315 is hereby amended to read as follows:
645.315ββ1.ββIn any advertisement through which a licensee offers to perform services for which a license is required pursuant to this chapter, the licensee shall:
(a)βIf [he] the licensee is a real estate broker, disclose the name of any brokerage under which [he] the licensee does business; or
(b)βIf [he] the licensee is a real estate broker-salesman or real estate salesman, disclose the name of the [broker] brokerage with whom [he] the licensee is associated.
2.ββ[A] If a licensee is a real estate broker-salesman or real estate salesman , the licensee shall not advertise solely under [his] the licensees own name when acting in the capacity as a broker-salesman or salesman. All such advertising must be done under the direct supervision of and in the name of the [broker] brokerage with whom the [broker-salesman or salesman] licensee is associated.
Sec.β7.ββNRS 645.320 is hereby amended to read as follows:
645.320ββEvery brokerage agreement which includes a provision for an exclusive [listing] agency representation must:
1.ββBe in writing.
2.ββHave set forth in its terms a definite, specified and complete termination.
3.ββContain no provision which requires the client who signs the brokerage agreement to notify the real estate broker of his intention to cancel the exclusive features of [that listing] the brokerage agreement after the termination of the [listing.] brokerage agreement.
4.ββBe signed by both the client or his authorized representative and the [listing agent] broker or his authorized representative in order to be enforceable.
Sec.β8.ββNRS 645.6056 is hereby amended to read as follows:
645.6056ββ1.ββA real estate broker who holds a permit to engage in property management shall not act as a property manager unless the broker has first obtained a [written brokerage] property management agreement signed by the broker and the client for whom the broker will manage the property.
2.ββA [brokerage agreement for] property management agreement must include, without limitation:
κ2003 Statutes of Nevada, Page 933 (CHAPTER 182, SB 139)κ
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(a)βThe term of the agreement [;] and, if the agreement is subject to renewal, provisions clearly setting forth the circumstances under which the agreement may be renewed and the term of each such renewal;
(b)βA provision for the retention and disposition of deposits of the tenants of the property during the term of the agreement [;] and, if the agreement is subject to renewal, during the term of each such renewal;
(c)βThe fee or compensation to be paid to the broker; [and]
(d)βThe extent to which the broker may act as the agent of the client [.] ; and
(e)βIf the agreement is subject to cancellation, provisions clearly setting forth the circumstances under which the agreement may be cancelled. The agreement may authorize the broker or the client, or both, to cancel the agreement with cause or without cause, or both, under the circumstances set forth in the agreement.
Sec.β9.ββNRS 645.630 is hereby amended to read as follows:
645.630ββThe Commission may require a licensee, property manager or owner-developer to pay an administrative fine of not more than $5,000 for each violation he commits or suspend, revoke, deny the renewal of or place conditions upon his license, permit or registration, or impose any combination of those actions, at any time if the licensee, property-manager or owner-developer has, by false or fraudulent representation, obtained a license, permit or registration, or the licensee, property manager or owner-developer, whether or not acting as such, is found guilty of:
1.ββMaking any material misrepresentation.
2.ββMaking any false promises of a character likely to influence, persuade or induce.
3.ββAccepting a commission or valuable consideration as a real estate broker-salesman or salesman for the performance of any of the acts specified in this chapter or chapter 119 or 119A of NRS from any person except the licensed real estate broker with whom he is associated or the owner-developer by whom he is employed.
4.ββRepresenting or attempting to represent a real estate broker other than the broker with whom he is associated, without the express knowledge and consent of the broker with whom he is associated.
5.ββFailing to maintain, for review and audit by the Division, each brokerage agreement and property management agreement governed by the provisions of this chapter and entered into by the licensee.
6.ββFailing, within a reasonable time, to account for or to remit any money which comes into his possession and which belongs to others.
7.ββIf he is required to maintain a trust account:
(a)βFailing to balance the trust account at least monthly; and
(b)βFailing to submit to the Division an annual accounting of the trust account as required in NRS 645.310.
8.ββCommingling the money or other property of his clients with his own or converting the money of others to his own use.
9.ββIn the case of a broker-salesman or salesman, failing to place in the custody of his licensed broker or owner-developer, as soon as possible, any deposit or other money or consideration entrusted to him by any person dealing with him as the representative of his licensed broker.
10.ββAccepting other than cash as earnest money unless that fact is communicated to the owner before his acceptance of the offer to purchase and that fact is shown in the receipt for the earnest money.
κ2003 Statutes of Nevada, Page 934 (CHAPTER 182, SB 139)κ
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11.ββUpon acceptance of an agreement, in the case of a broker, failing to deposit any check or cash received as earnest money before the end of the next banking day unless otherwise provided in the purchase agreement.
12.ββInducing any party to a brokerage agreement, property management agreement, agreement of sale or lease to break it in order to substitute a new brokerage agreement, property management agreement, agreement of sale or lease with the same or another party if the inducement to make the substitution is offered to secure personal gain to the licensee or owner-developer.
If discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorneys fees, may be recovered by the [Board.] Division.
Sec.β10.ββNRS 645.633 is hereby amended to read as follows:
645.633ββ1.ββThe Commission may take action pursuant to NRS 645.630 against any person subject to that section who is guilty of:
(a)βWillfully using any trade name, service mark or insigne of membership in any real estate organization of which the licensee is not a member, without the legal right to do so.
(b)βViolating any order of the Commission, any agreement with the Division, any of the provisions of this chapter, chapter 116, 119, 119A, 119B, 645A or 645C of NRS or any regulation adopted [thereunder.] pursuant thereto.
(c)βPaying a commission, compensation or a finders fee to any person for performing the services of a broker, broker-salesman or salesman who has not secured his license pursuant to this chapter. This subsection does not apply to payments to a broker who is licensed in his state of residence.
(d)βA felony, or has entered a plea of guilty, guilty but mentally ill or nolo contendere to a charge of felony or any crime involving fraud, deceit, misrepresentation or moral turpitude.
(e)βGuaranteeing, or having authorized or permitted any person to guarantee, future profits which may result from the resale of real property.
(f)βFailure to include a fixed date of expiration in any written brokerage agreement or failure to leave a copy of [the] such a brokerage agreement or any property management agreement with the client.
(g)βAccepting, giving or charging any undisclosed commission, rebate or direct profit on expenditures made for a client.
(h)βGross negligence or incompetence in performing any act for which he is required to hold a license pursuant to this chapter, chapter 119, 119A or 119B of NRS.
(i)βAny other conduct which constitutes deceitful, fraudulent or dishonest dealing.
(j)βAny conduct which took place before he became licensed, which was in fact unknown to the Division and which would have been grounds for denial of a license had the Division been aware of the conduct.
(k)βKnowingly permitting any person whose license has been revoked or suspended to act as a real estate broker, broker-salesman or salesman, with or on behalf of the licensee.
(l)βRecording or causing to be recorded a claim pursuant to the provisions of NRS 645.8701 to 645.8811, inclusive, that is determined by a district court to be frivolous and made without reasonable cause pursuant to NRS 645.8791.
κ2003 Statutes of Nevada, Page 935 (CHAPTER 182, SB 139)κ
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2.ββThe Commission may take action pursuant to NRS 645.630 against a person who is subject to that section for the suspension or revocation of a real estate brokers, broker-salesmans or salesmans license issued to him by any other jurisdiction.
3.ββThe Commission may take action pursuant to NRS 645.630 against any person who:
(a)βHolds a permit to engage in property management issued pursuant to NRS 645.6052; and
(b)βIn connection with any property for which the person has obtained a [written brokerage agreement to manage the] property management agreement pursuant to NRS 645.6056:
(1)βIs convicted of violating any of the provisions of NRS 202.470;
(2)βHas been notified in writing by the appropriate governmental agency of a potential violation of NRS 244.360, 244.3603 or 268.4124, and has failed to inform the owner of the property of such notification; or
(3)βHas been directed in writing by the owner of the property to correct a potential violation of NRS 244.360, 244.3603 or 268.4124, and has failed to correct the potential violation, if such corrective action is within the scope of the persons duties pursuant to the [written brokerage] property management agreement.
4.ββThe Division shall maintain a log of any complaints that it receives relating to activities for which the Commission may take action against a person holding a permit to engage in property management pursuant to subsection 3.
5.ββOn or before February 1 of each odd-numbered year, the Division shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:
(a)βAny complaints included in the log maintained by the Division pursuant to subsection 4; and
(b)βAny disciplinary actions taken by the Commission pursuant to subsection 3.
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Senate Bill No. 148Committee on Government Affairs
Β
CHAPTER 183
Β
AN ACT relating to the Legislature; providing for joint legislative requesters on the list of requests for the preparation of legislative measures published by the Legislative Counsel; and providing other matters properly relating thereto.
Β
[Approved: May 22, 2003]
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββNRS 218.2475 is hereby amended to read as follows:
218.2475ββ1.ββOn July 1 preceding each regular session of the Legislature, and each week thereafter until the adjournment of the Legislature sine die, the Legislative Counsel shall prepare a list of all requests received by him, for the preparation of measures to be submitted to the Legislature.
κ2003 Statutes of Nevada, Page 936 (CHAPTER 183, SB 148)κ
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the Legislature. The requests must be listed numerically by a unique serial number which must be assigned to the measures by the Legislative Counsel for the purposes of identification in the order that he received the requests. Except as otherwise provided in [subsection 3,] subsections 3 and 4, the list must only contain the name of each requester, the date and a brief summary of the request.
2.ββThe Legislative Counsel Bureau shall make copies of the list available to the public for a reasonable sum fixed by the Legislative Commission upon the recommendation of the Director of the Legislative Counsel Bureau.
3.ββIn preparing the list, the Legislative Counsel shall:
(a)βNot include the name of the Legislator who has requested the preparation of a measure until:
(1)βThe particular measure is introduced in the Legislature; or
(2)βThe Legislator requests that his name be disclosed as the requester of the measure,
whichever occurs first.
(b)βIf a standing or special committee of the Legislature requests a measure on behalf of a Legislator or organization, include the name of the standing or special committee and the name of the Legislator or organization on whose behalf the measure was originally requested.
4.ββUpon the request of a Legislator who has requested the preparation of a measure and requested that his name be disclosed pursuant to subsection 3, the Legislative Counsel shall add the name of one or more Legislators from either or both houses of the Legislature as joint requesters. The Legislative Counsel shall not add the name of a joint requester to the list until he has received confirmation of the joint request from the primary requester of the measure and from the Legislator to be added as a joint requester. The Legislative Counsel shall remove the name of a joint requester upon receipt of a request to do so made by the primary requester or the joint requester. The names must appear on the list in the order in which the names were received by the Legislative Counsel beginning with the primary requester. The Legislative Counsel shall not act upon the direction of a joint requester to withdraw the requested measure or modify its substance until the Legislative Counsel has received confirmation of the withdrawal or modification from the primary requester. For the purposes of all limitations on the number of legislative measures that may be requested by a Legislator, a legislative measure with joint requesters must only be counted as a request of the primary requester.
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κ2003 Statutes of Nevada, Page 937κ
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Senate Bill No. 150Committee on Human Resources and Facilities
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CHAPTER 184
Β
AN ACT relating to school property; authorizing a school district to sell or lease certain real property for less than the appraised value under certain circumstances; and providing other matters properly relating thereto.
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[Approved: May 22, 2003]
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββNRS 393.240 is hereby amended to read as follows:
393.240ββ1.ββExcept as otherwise provided in this section and NRS 393.3251 to 393.3255, inclusive, if the board of trustees proposes to sell or lease any real property, the board shall appoint one appraiser. A second appraiser must be appointed by the Superintendent of Public Instruction.
2.ββThe appraisers shall make a report to the board of trustees of their findings and determinations of the cash market value of the property proposed to be sold, or the rental value of the property proposed to be leased.
3.ββ[No] Except as otherwise provided in this section and NRS 393.270, no sale or lease of real property may be made for less than the value fixed by the appraisers, but this requirement does not apply to a conveyance without charge to another political subdivision.
4.ββThe compensation of each appraiser appointed pursuant to the provisions of this section must be fixed by the board of trustees, and is a legal charge against the school district fund.
5.ββThe board of trustees may sell real property without an independent appraisal if the property is reasonably determined by the board to have a fair market value of $5,000 or less.
6.ββIf the board of trustees proposes to sell a house or other structure that is built by pupils enrolled in a program of instruction offered by a public school in the school district, the report concerning the cash market value of the house or other structure required to be submitted to the board of trustees pursuant to the provisions of subsection 2 must be prepared and submitted by an appraiser appointed by the board.
Sec.β2.ββNRS 393.270 is hereby amended to read as follows:
393.270ββ1.ββExcept as otherwise provided in NRS 393.247, at the time and place fixed in the resolution for the meeting of the board of trustees, each sealed proposal that has been received must, in public session, be opened, examined and declared by the board. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intention to sell or to lease and which are made by responsible bidders, the proposal which is the highest must be finally accepted, unless a higher oral bid is accepted or the board rejects all bids.
2.ββIf the real property is subject to the requirement of an independent appraisal pursuant to NRS 393.240 and the board of trustees does not receive a bid that is at least equal to the cash market value of the property as determined by the appraisers, the board of trustees may, at the session held pursuant to subsection 1 or in an open meeting of the board of trustees held pursuant to NRS 393.250, amend the resolution, including, without limitation, setting a time, not less than 3 weeks thereafter, for another public meeting of the board of trustees to be held at its regular place of meeting, at which sealed proposals to purchase or lease will again be received and considered.
κ2003 Statutes of Nevada, Page 938 (CHAPTER 184, SB 150)κ
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held pursuant to subsection 1 or in an open meeting of the board of trustees held pursuant to NRS 393.250, amend the resolution, including, without limitation, setting a time, not less than 3 weeks thereafter, for another public meeting of the board of trustees to be held at its regular place of meeting, at which sealed proposals to purchase or lease will again be received and considered. If the board of trustees adopts an amended resolution pursuant to this subsection, the board shall notice the amended resolution pursuant to NRS 393.260 and proceed in accordance with the provisions of subsection 1.
3.ββIf the board of trustees, upon opening the proposals received pursuant to the amended resolution, does not receive a bid that is at least equal to the cash market value of the property as determined by the appraisers, the board of trustees may, at the session held pursuant to the amended resolution or in an open meeting of the board of trustees held pursuant to NRS 393.250, amend the resolution a second time, including, without limitation, setting a time, not less than 3 weeks thereafter, for another public meeting of the board of trustees to be held at its regular place of meeting, at which sealed proposals to purchase or lease will again be received and considered. If the board of trustees adopts an amended resolution pursuant to this subsection, the board shall notice the amended resolution pursuant to NRS 393.260 and proceed in accordance with the provisions of subsection 1. Of the proposals received and considered at the meeting, the board of trustees may finally accept the proposal which is the highest, even if that proposal is for an amount less than the cash market value of the property as determined by the appraisers.
Sec.β3.ββThis act becomes effective upon passage and approval.
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Senate Bill No. 159Senator Rawson
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CHAPTER 185
Β
AN ACT relating to education; deleting the authority of the Western Interstate Commission for Higher Education to adopt certain regulations; revising certain references to the members of the Commission from the State of Nevada; and providing other matters properly relating thereto.
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[Approved: May 22, 2003]
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββNRS 397.030 is hereby amended to read as follows:
397.030ββ1.ββIn furtherance of the provisions contained in the Compact, there must be three Commissioners from the State of Nevada, appointed by the Governor.
2.ββThe qualifications and terms of the three Nevada State Commissioners must be in accordance with Article 4 of the Compact. A Nevada State Commissioner shall hold office until his successor is appointed and qualified , but the successors term expires 4 years [from] after the legal date of expiration of the term of his predecessor.
κ2003 Statutes of Nevada, Page 939 (CHAPTER 185, SB 159)κ
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3.ββAny Nevada State Commissioner may be removed from office by the Governor upon charges and after a hearing.
4.ββThe term of any Nevada State Commissioner who ceases to hold the required qualifications terminates when a successor is appointed.
Sec.β2.ββNRS 397.050 is hereby amended to read as follows:
397.050ββ1.ββMoney to carry out the provisions of this chapter must be provided by direct legislative appropriation from the State General Fund and must be accounted for in the Western Regional Higher Education Compact Account which is hereby created.
2.ββThe money in the Account may be used by the three Nevada State Commissioners appointed pursuant to NRS 397.030:
(a)βTo pay dues to the Western Interstate Commission for Higher Education.
(b)βTo meet necessary administrative expenses.
Sec.β3.ββNRS 397.055 is hereby amended to read as follows:
397.055ββ1.ββWhenever the three Nevada State Commissioners appointed pursuant to NRS 397.030 are unable to provide contract places for Nevada residents in graduate or professional schools pursuant to contractual agreements authorized by Article 8 of the Compact, or the cost of attending a school within the region is excessive, they may enter into contractual agreements with the governing authority of any educational institution offering accredited graduate and professional education outside the region of the Compact or with any state outside the region.
2.ββThe terms and conditions of any such agreements must adhere to the same standards which are observed in the selection of contract places for Nevada residents in graduate or professional schools within the region.
Sec.β4.ββNRS 397.060 is hereby amended to read as follows:
397.060ββThe three Nevada State Commissioners , [from the State of Nevada,] acting jointly, shall:
1.ββChoose from among Nevada residents who apply, and have at least 1 years residence in this state immediately before applying for the program, those most qualified for contract places; and
2.ββCertify them to receiving institutions.
Sec.β5.ββNRS 397.0615 is hereby amended to read as follows:
397.0615ββFinancial support provided to a student who is chosen by the three Nevada State Commissioners [from the State of Nevada] to receive such support from the Western Interstate Commission for Higher Education must be provided in the form of a support fee. Except as otherwise provided in NRS 397.0617, 25 percent of the support fee is a loan that the student must repay with interest pursuant to NRS 397.063 or 397.064, as appropriate. Seventy-five percent of the support fee is a stipend that the student is not required to repay, except as otherwise provided in NRS 397.0653.
Sec.β6.ββNRS 397.0617 is hereby amended to read as follows:
397.0617ββ1.ββThe provisions of this section apply only to support fees received by a student on or after July 1, 1997.
2.ββThe three Nevada State Commissioners , [from the State of Nevada,] acting jointly, may require a student who is certified to study to practice in a profession which could benefit a medically underserved area of this state, as that term is defined by the Officer of Rural Health of the University of Nevada School of Medicine, to practice in such an area or to practice in an area designated by the Secretary of Health and Human Services:
κ2003 Statutes of Nevada, Page 940 (CHAPTER 185, SB 159)κ
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(a)βPursuant to 42 U.S.C. § 254c, as containing a medically underserved population; or
(b)βPursuant to 42 U.S.C. § 254e, as a health professional shortage area,
as a condition to receiving a support fee.
3.ββIf a person agrees to practice in a medically underserved area of this state pursuant to subsection 2 for at least 2 years, the three Nevada State Commissioners , [from the State of Nevada,] acting jointly, may forgive the portion of the support fee designated as the loan of the person.
4.ββIf a person returns to this state but does not practice in a medically underserved area of this state pursuant to subsection 2 for at least 2 years, the three Nevada State Commissioners , [from the State of Nevada,] acting jointly, shall assess a default charge in an amount not less than three times the portion of the support fee designated as the loan of the person, plus interest.
5.ββAs used in this section, a profession which could benefit a medically underserved area of this state includes, without limitation, dentistry, physical therapy, pharmacy and practicing as a physician assistant.
Sec.β7.ββNRS 397.062 is hereby amended to read as follows:
397.062ββ1.ββThere is hereby created an account in the State General Fund entitled the Western Interstate Commission for Higher Educations Account for Miscellaneous Expenses. Any money received by the three Nevada State Commissioners [from the State of Nevada] as the proceeds of any penalty or appropriated or authorized for the purposes of this section must be deposited in this Account.
2.ββThe three Nevada State Commissioners , [from the State of Nevada,] acting jointly, shall administer the Account and the money in the Account must be used to:
(a)βPay miscellaneous expenses incurred in administering the Western Interstate Commission for Higher Educations Fund for Student Loans; and
(b)βPay expenses incurred in collecting money due the State from a student loan or a stipend granted from the Western Interstate Commission for Higher Educations Fund for Student Loans.
Sec.β8.ββNRS 397.063 is hereby amended to read as follows:
397.063ββ1.ββAll contributions from students must be accounted for in the Western Interstate Commission for Higher Educations Fund for Student Loans which is hereby created as an enterprise fund.
2.ββThe three Nevada State Commissioners , [from the State of Nevada,] acting jointly, shall administer the Fund and the money in the Fund must be used solely to provide:
(a)βLoans to; and
(b)βContractual arrangements for educational services and facilities for,
residents of Nevada who are certified to attend graduate or professional schools in accordance with the provisions of the Western Regional Higher Education Compact.
3.ββLoans from the Western Interstate Commission for Higher Educations Fund for Student Loans, before July 1, 1985, and loans made to students classified as continuing students before July 1, 1985, must be made upon the following terms:
(a)βAll student loans must bear interest at 5 percent per annum from the date when the student receives the loan.
κ2003 Statutes of Nevada, Page 941 (CHAPTER 185, SB 159)κ
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(b)βEach student receiving a loan must repay the loan with interest following the termination of his education or completion of his internship in accordance with the following schedule:
(1)βWithin 5 years for loans which total less than $10,000.
(2)βWithin 8 years for loans which total $10,000 or more but less than $20,000.
(3)βWithin 10 years for loans which total $20,000 or more.
(c)βNo student loan may exceed 50 percent of the student fees for any academic year.
Sec.β9.ββNRS 397.064 is hereby amended to read as follows:
397.064ββLoans, from the Western Interstate Commission for Higher Educations Fund for Student Loans, to students who enter the program on or after July 1, 1985, must be made upon the following terms:
1.ββAll loans must bear interest at 8 percent per annum from the first day of the academic term for which the student received the loan.
2.ββExcept as otherwise provided in NRS 397.0617, each student receiving a loan must repay the loan with interest following the termination of his education or completion of his internship for which the loan is made.
3.ββThe loan must be repaid in monthly installments over the period allowed, as set forth in subsection 4, with the first installment due 1 year after the date of the termination of his education or the completion of his internship for which the loan is made. The amounts of the installments may not be less than $50 and may be calculated to allow a smaller payment at the beginning of the repayment period, with each succeeding payment gradually increasing so that the total amount due will have been paid within the period allowed for repayment.
4.ββThe three Nevada State Commissioners , [from the State of Nevada,] acting jointly, shall, or shall delegate to the Director of the Western Interstate Commission for Higher Education the power to, schedule the repayment within the following periods:
(a)βFive years for loans which total less than $10,000.
(b)βEight years for loans which total $10,000 or more but less than $20,000.
(c)βTen years for loans which total $20,000 or more.
5.ββA student loan may not exceed 50 percent of the student fees for any academic year.
6.ββA delinquency charge may be assessed on any installment delinquent 10 days or more in the amount of 8 percent of the installment or $4, whichever is greater, but not more than $15.
7.ββThe reasonable costs of collection and an attorneys fee may be recovered in the event of delinquency.
Sec.β10.ββNRS 397.0645 is hereby amended to read as follows:
397.0645ββ1.ββA student who receives from the Western Interstate Commission for Higher Education a stipend governed by the provisions of NRS 397.065 or 397.0653 must repay all state contributions for the stipend unless he practices, in Nevada, the profession which he was certified to study:
(a)βFor 3 years, if he entered the program before July 1, 1985;
(b)βFor 1 year for each academic year he receives a stipend, if he enters the program after June 30, 1985; or
(c)βFor 1 year for each 9 months he receives a stipend, if he enters the program after June 30, 1985, and is enrolled in an accelerated program that provides more than 1 academic year of graduate and professional education in 9 months,
κ2003 Statutes of Nevada, Page 942 (CHAPTER 185, SB 159)κ
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provides more than 1 academic year of graduate and professional education in 9 months,
within 5 years after the completion or termination of his education, internship or residency for which he receives the stipend.
2.ββThe three Nevada State Commissioners , [from the State of Nevada,] acting jointly, may adopt regulations which:
(a)βReduce the period of required practice for a person who practices his profession in a rural area of this state or as an employee of this state.
(b)βExtend the time for completing the required practice beyond 5 years for a person who is granted an extension because of hardship.
3.ββIf the period for the required practice is only partially completed, the Commission may give credit towards repayment of the stipend for the time the person practiced his profession as required.
Sec.β11.ββNRS 397.0655 is hereby amended to read as follows:
397.0655ββThe three Nevada State Commissioners [from the State of Nevada] may, by regulation, delegate to the Director of the Western Interstate Commission for Higher Education the authority to negotiate the terms of repayment, including how and when payments will be made on loans or stipends in default. The three Nevada State Commissioners may not delegate the authority to reduce the principal balance owing.
Sec.β12.ββNRS 397.066 is hereby amended to read as follows:
397.066ββThe three Nevada State Commissioners , [from the State of Nevada,] acting jointly, may require:
1.ββA student to acquire, as security for a stipend or student loan, insurance on his life and on his health or against his disability, or both.
2.ββThat a financially responsible person agree to be jointly liable with the recipient for the repayment of the loan or stipend.
Sec.β13.ββNRS 397.067 is hereby amended to read as follows:
397.067ββThe three Nevada State Commissioners , [from the State of Nevada,] acting jointly, may, or may delegate to the Director of the Western Interstate Commission for Higher Education the power to, require, upon notice to a recipient of a loan, that he repay the balance and any unpaid interest on the loan at once if:
1.ββAn installment is not paid within 30 days after it is due;
2.ββThe recipient fails to notify the three Nevada State Commissioners, within 30 days, of:
(a)βA change of name or of the address of his home or place of practice; or
(b)βThe termination of his education or completion of his internship for which he receives the loan; or
3.ββThe recipient fails to comply with any other requirement or perform any other obligation he is required to perform pursuant to any agreement under the program.
Sec.β14.ββNRS 397.068 is hereby amended to read as follows:
397.068ββA recipient of a loan or a stipend under the program of the Western Interstate Compact for Higher Education shall comply with the regulations adopted by the Commission or the three Nevada State Commissioners . [from the State of Nevada.] If he fails so to comply, the three Nevada State Commissioners , [from the State of Nevada,] acting jointly, may:
κ2003 Statutes of Nevada, Page 943 (CHAPTER 185, SB 159)κ
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1.ββFor each infraction, impose a fine of not more than $200 against any recipient in any academic year, and may deny additional money to any student who fails to pay the fine when due;
2.ββIncrease the portion of any future loan to be repaid by the recipient;
3.ββExtend the time a recipient is required to practice his profession to repay his stipend; and
4.ββExpel him from the program.
Sec.β15.ββNRS 397.0685 is hereby amended to read as follows:
397.0685ββ1.ββThe three Nevada State Commissioners , [from the State of Nevada,] acting jointly, may, after receiving a written application stating the reasons therefor, reduce the period of required practice for the repayment of a stipend under NRS 397.0645 if the applicant:
(a)βHas had at least 1 continuous year of practice of his profession in this state, and practices his profession in a rural area of this state. The applicants practice in the rural area must be equal to at least half of the total time spent by the applicant in his professional practice, and not less than 20 hours per week.
(b)βPractices his profession as a full-time employee of the State of Nevada and has been employed by the State for at least 1 continuous year immediately before his application.
2.ββAny claim as to practice must be verified.
Sec.β16.ββNRS 397.069 is hereby amended to read as follows:
397.069ββ1.ββThe three Nevada State Commissioners , [from the State of Nevada,] acting jointly, may after receiving an application stating the reasons therefor, grant an extension of the period for the repayment of a loan or a stipend under the program in case of hardship arising out of the individual circumstances of a recipient. The extension must be for a period that will reasonably alleviate that hardship.
2.ββApplications for extensions must be filed within the time prescribed by regulation of the three Nevada State Commissioners , [from the State of Nevada,] acting jointly.
Sec.β17.ββNRS 397.0695 is hereby amended to read as follows:
397.0695ββA person obligated to repay a student loan may, as determined by the three Nevada State Commissioners , [from the State of Nevada,] acting jointly, receive credit towards payment of the loan for professional services provided without compensation to the State or any of its political subdivisions.
Sec.β18.ββNRS 353.357 is hereby amended to read as follows:
353.357ββ1.ββIf the three Nevada State Commissioners [from the State of Nevada] on the Western Interstate Commission for Higher Education, acting jointly, determine that current claims against the Western Interstate Commission for Higher Educations Fund for Student Loans created pursuant to NRS 397.063 exceed the amount of money available in the Fund to pay the claims because of a delay in the receipt of revenue due the Fund, the three Nevada State Commissioners may request from the Director of the Department of Administration a temporary advance from the State General Fund to the Western Interstate Commission for Higher Educations Fund for Student Loans for the payment of authorized expenses.
2.ββIf the Director of the Department of Administration approves a request made pursuant to subsection 1, he shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau of that approval.
κ2003 Statutes of Nevada, Page 944 (CHAPTER 185, SB 159)κ
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approval. The State Controller shall draw his warrant upon receipt of the approval by the Director of the Department of Administration.
3.ββAn advance from the State General Fund is limited to 50 percent of the revenue expected to be received by the Western Interstate Commission for Higher Educations Fund for Student Loans in the current fiscal year from any source other than legislative appropriation.
4.ββAny money that is temporarily advanced from the State General Fund pursuant to subsection 2 must be repaid by August 31 following the end of the fiscal year in which the temporary advance is made.
Sec.β19.ββNRS 397.0605 is hereby repealed.
Sec.β20.ββThis act becomes effective on July 1, 2003.
________
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Senate Bill No. 198Committee on Finance
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CHAPTER 186
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AN ACT relating to state financial administration; clarifying a provision governing advances to budget accounts supported by administrative assessments; requiring the Director of the Department of Administration to give certain notices concerning such advances; and providing other matters properly relating thereto.
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[Approved: May 22, 2003]
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Sectionβ1.ββNRS 353.359 is hereby amended to read as follows:
353.359ββ1.ββThe State Controller shall draw his warrant, upon application by an agency responsible for the administration of an account which is wholly or partially supported by administrative assessments pursuant to NRS 176.059, for not more in the aggregate in any fiscal year than 1/12th [in any month] of the portion of the total money received in the previous year which represents the share of administrative assessments presently allocated to the account.
2.ββAn agency shall not apply for an advance pursuant to subsection 1 unless the application is first approved by the Director of the Department of Administration.
3.ββAny money which is advanced from the State General Fund to an account pursuant to subsection 1 [,] must be repaid as soon as the money which the advance replaced is deposited in the account. If the money deposited in the account in any fiscal year is insufficient to pay back the money advanced, an amount equal to the shortfall is hereby contingently appropriated from the State General Fund to the account.
4.ββThe Director of the Department of Administration shall notify the Fiscal Analysis Division of the Legislative Counsel Bureau if:
(a)βHe approves an advance pursuant to subsection 2.
(b)βThe money deposited in an account in any fiscal year is insufficient to pay back the money advanced pursuant to subsection 1.
Sec.β2.ββThis act becomes effective upon passage and approval.
________
κ2003 Statutes of Nevada, Page 945κ
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Senate Bill No. 237Senators Raggio and Titus
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Joint Sponsors: Assemblymen Perkins and Hettrick
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CHAPTER 187
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AN ACT relating to taxation; carrying out certain advisory questions relating to funding for regional transportation; revising the maximum rate, allocation or use of certain taxes for regional transportation; authorizing certain counties to impose additional taxes on motor vehicle fuel and to increase certain impact fees for new development; and providing other matters properly relating thereto.
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[Approved: May 22, 2003]
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Sectionβ1.ββNRS 365.190 is hereby amended to read as follows:
365.190ββ1.ββ[Subject to the provisions of subsection 3, in] In addition to any other tax provided for in this chapter, there is hereby levied an excise tax of 1.75 cents per gallon on all motor vehicle fuel, except aviation fuel.
2.ββThe tax imposed pursuant to this section must be collected by the supplier in the manner provided in this chapter. Upon the collection of the tax by the supplier, the purchaser of the fuel shall provide to the supplier a statement that sets forth the number of gallons of fuel that will be sold to retailers in each county in this state. The tax must be paid to the Department and delivered by the Department to the State Treasurer. When the tax is paid to the Department, the supplier shall provide to the Department a copy of the statement provided to the supplier by the purchaser pursuant to this subsection.
[3.ββThe provisions of this section shall be deemed to be optional. The board of county commissioners of any county may decline to accept the additional tax levied pursuant to this section by the adoption of a resolution passed before July 1, 1947, which must be reconsidered and passed once each year within 60 days before July 1 of each year as long as the board of county commissioners desires so to act. Upon the adoption of such a resolution no tax may be collected.]
Sec.β2.ββNRS 365.545 is hereby amended to read as follows:
365.545ββ1.ββThe proceeds of all taxes on fuel for jet or turbine-powered aircraft imposed pursuant to the provisions of NRS 365.170 or 365.203 must be deposited in the Account for Taxes on Fuel for Jet or Turbine-Powered Aircraft in the State General Fund and must be allocated monthly by the Department to the governmental entity which owns the airport at which the tax was collected [,] or , if the airport is privately owned, to the county in which the airport is located.
2.ββ[The money so received must] Except as otherwise provided in subsection 3, the money allocated pursuant to subsection 1:
(a)βMust be used by the governmental entity receiving it to pay the cost of:
[(a)]β(1)βTransportation projects related to airports, including access on the ground to airports;
κ2003 Statutes of Nevada, Page 946 (CHAPTER 187, SB 237)κ
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[(b)βPayment]
(2)βThe payment of principal and interest on notes, bonds or other obligations incurred to fund projects described in [paragraph (a);
(c)]βsubparagraph (1);
(3)βPromoting the use of an airport, including, without limitation, increasing the number and availability of flights at the airport;
[(d)]β(4)βContributing money to the Trust Fund for Aviation created by NRS 494.048; or
[(e)]β(5)βAny combination of those purposes [.
3.ββMoney so received may] ; and
(b)βMay also be pledged for the payment of general or special obligations issued to fund projects described in paragraph (a) . [of subsection 2.
4.]ββAny money pledged pursuant to [the provisions of subsection 3] this paragraph may be treated as pledged revenues of the project for the purposes of subsection 3 of NRS 350.020.
3.ββAny money allocated pursuant to subsection 1 to a county whose population is 400,000 or more and in which a regional transportation commission has been created pursuant to chapter 373 of NRS, from the proceeds of the tax imposed pursuant to subparagraph (1) of paragraph (b) of subsection 1 of NRS 365.170 on fuel for jet or turbine-powered aircraft sold, distributed or used in that county, excluding the proceeds of any tax imposed pursuant to NRS 365.203, may, in addition to the uses authorized pursuant to subsection 2, be allocated by the county to that regional transportation commission. The money allocated pursuant to this subsection to a regional transportation commission:
(a)βMust be used by the regional transportation commission:
(1)βTo pay the cost of transportation projects described in a regional plan for transportation established by that regional transportation commission pursuant to NRS 373.1161;
(2)βFor the payment of principal and interest on notes, bonds or other obligations incurred to fund projects described in subparagraph (1); or
(3)βFor any combination of those purposes; and
(b)βMay also be pledged for the payment of general or special obligations issued by the county at the request of the regional transportation commission to fund projects described in paragraph (a). Any money pledged pursuant to this paragraph may be treated as pledged revenues of the project for the purposes of subsection 3 of NRS 350.020.
Sec.β3.ββChapter 373 of NRS is hereby amended by adding thereto a new section to read as follows:
1.ββIn a county whose population is 100,000 or more but less than 400,000:
(a)βThe board may by ordinance impose:
(1)βAn excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the sum obtained by multiplying the amount of the tax imposed pursuant to NRS 365.180 by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years; and
(2)βAn annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in an amount equal to the sum of the tax imposed pursuant to NRS 365.180 and the tax imposed pursuant to subparagraph (1) during the preceding fiscal year, multiplied by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years.
κ2003 Statutes of Nevada, Page 947 (CHAPTER 187, SB 237)κ
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the tax imposed pursuant to NRS 365.180 and the tax imposed pursuant to subparagraph (1) during the preceding fiscal year, multiplied by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years.
(b)βThe board may by ordinance impose:
(1)βAn excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the sum obtained by multiplying the amount of the tax imposed pursuant to NRS 365.190 by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years; and
(2)βAn annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in an amount equal to the sum of the tax imposed pursuant to NRS 365.190 and the tax imposed pursuant to subparagraph (1) during the preceding fiscal year, multiplied by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years.
(c)βThe board may by ordinance impose:
(1)βAn excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the sum obtained by multiplying the amount of the tax imposed pursuant to NRS 365.192 by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years; and
(2)βAn annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in an amount equal to the sum of the tax imposed pursuant to NRS 365.192 and the tax imposed pursuant to subparagraph (1) during the preceding fiscal year, multiplied by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years.
(d)βIf the board imposes a tax pursuant to paragraph (b) of subsection 1 of NRS 373.030, the board may by ordinance impose:
(1)βAn excise tax on each gallon of motor vehicle fuel, except aviation fuel and leaded racing fuel, sold in the county in an amount equal to the sum obtained by multiplying the amount of the tax imposed pursuant to paragraph (b) of subsection 1 of NRS 373.030 by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years; and
(2)βAn annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in an amount equal to the sum of the tax imposed pursuant to paragraph (b) of subsection 1 of NRS 373.030 and the tax imposed pursuant to subparagraph (1) during the preceding fiscal year, multiplied by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years.
2.ββAny ordinance authorized by this section may be adopted in combination with any other ordinance authorized by this section. Each tax imposed pursuant to this section is in addition to any other motor vehicle fuel taxes imposed pursuant to the provisions of this chapter and chapter 365 of NRS. Upon adoption of an ordinance authorized by this section, no further action by the board is necessary to effectuate the annual increases.
κ2003 Statutes of Nevada, Page 948 (CHAPTER 187, SB 237)κ
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3.ββAny ordinance adopted pursuant to this section must:
(a)βBecome effective on the first day of the first calendar quarter beginning not less than 90 days after the adoption of the ordinance; and
(b)βIf the board has created a regional transportation commission in the county, require the commission:
(1)βTo review, at a public meeting conducted after the provision of public notice and before the effective date of each annual increase imposed by the ordinance:
(I)βThe amount of that increase and the accuracy of its calculation;
(II)βThe amounts of any annual increases imposed by the ordinance in previous years and the revenue collected pursuant to those increases;
(III)βAny improvements to the regional system of transportation resulting from revenue collected pursuant to any annual increases imposed by the ordinance in previous years; and
(IV)βAny other information relevant to the effect of the annual increases on the public; and
(2)βTo submit to the board any information the commission receives suggesting that the annual increase should be adjusted.
4.ββAny ordinance adopted pursuant to:
(a)βParagraph (a) of subsection 1 must:
(1)βRequire the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to that ordinance in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.180; and
(2)βExpire by limitation on the effective date of any increase or decrease in the amount of the tax imposed pursuant to NRS 365.180 which becomes effective after the adoption of that ordinance.
(b)βParagraph (b) of subsection 1 must:
(1)βRequire the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to that ordinance in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.190; and
(2)βExpire by limitation on the effective date of any increase or decrease in the amount of the tax imposed pursuant to NRS 365.190 which becomes effective after the adoption of that ordinance.
(c)βParagraph (c) of subsection 1 must:
(1)βRequire the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to that ordinance in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.192; and
(2)βExpire by limitation on the effective date of any increase or decrease in the amount of the tax imposed pursuant to NRS 365.192 which becomes effective after the adoption of that ordinance.
(d)βParagraph (d) of subsection 1 must:
(1)βRequire the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to that ordinance in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to paragraph (b) of subsection 1 of NRS 373.030; and
κ2003 Statutes of Nevada, Page 949 (CHAPTER 187, SB 237)κ
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(2)βExpire by limitation on the effective date of any subsequent ordinance increasing or decreasing the amount of the tax imposed in that county pursuant to paragraph (b) of subsection 1 of NRS 373.030.
Sec.β4.ββNRS 373.070 is hereby amended to read as follows:
373.070ββAny motor vehicle fuel tax ordinance enacted under this chapter must include provisions in substance as follows:
1.ββA provision imposing the additional excise tax and stating the amount of the tax per gallon of fuel.
2.ββProvisions identical to those contained in chapter 365 of NRS on the date of enactment of the ordinance, insofar as applicable, except that the name of the county as taxing agency must be substituted for that of the State and that an additional suppliers license is not required.
3.ββA provision that all amendments to chapter 365 of NRS subsequent to the date of enactment of the ordinance, not inconsistent with this chapter, automatically become a part of the motor vehicle fuel tax ordinance of the county.
4.ββA provision that the county shall contract [prior to] before the effective date of the county motor vehicle fuel tax ordinance with the Department to perform all functions incident to the administration or operation of the motor vehicle fuel tax ordinance of the county [.] , including, if the ordinance is enacted pursuant to section 3 of this act, the calculation of each annual increase in the tax imposed pursuant to the ordinance.
Sec.β5.ββNRS 373.075 is hereby amended to read as follows:
373.075ββAny ordinance amending [the] a motor fuel tax ordinance enacted pursuant to this chapter shall include a provision in substance that the county shall amend the contract made under subsection 4 of NRS 373.070 by a contract made between the county and the State acting by and through the Department [prior to] before the effective date of such amendatory ordinance, unless the county determines with the written concurrence of the commission that no such amendment of the contract is necessary or desirable.
Sec.β6.ββNRS 373.090 is hereby amended to read as follows:
373.090ββ1.ββFor the purpose of [the] each tax imposed by an ordinance enacted pursuant to this chapter, motor vehicle fuel is sold at the place where it is distributed from a terminal.
2.ββAs used in this section, terminal has the meaning ascribed to it in NRS 365.088.
Sec.β7.ββNRS 373.110 is hereby amended to read as follows:
373.110ββ[1.ββExcept as provided in NRS 373.119, all] All the net proceeds of the county motor vehicle fuel tax :
1.ββImposed pursuant to paragraph (b) of subsection 1 of NRS 373.030 or paragraph (d) of subsection 1 of section 3 of this act which are received by the county pursuant to NRS 373.080 [shall] must, except as otherwise provided in NRS 373.119, be deposited by the county treasurer in a fund to be known as the regional street and highway fund in the county treasury, and disbursed only in accordance with the provisions of this chapter.
[2.]ββAfter July 1, 1975, the regional street and highway fund must be accounted for as a separate fund and not as a part of any other fund.
2.ββImposed pursuant to paragraph (a), (b) or (c) of subsection 1 of section 3 of this act which are received by the county pursuant to NRS 373.080 must be allocated, disbursed and used as provided in the ordinance imposing the tax.
κ2003 Statutes of Nevada, Page 950 (CHAPTER 187, SB 237)κ
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373.080 must be allocated, disbursed and used as provided in the ordinance imposing the tax.
Sec.β8.ββNRS 373.119 is hereby amended to read as follows:
373.119ββ1.ββExcept to the extent pledged before July 1, 1985, the board may use that portion of the revenue collected pursuant to the provisions of this chapter from any taxes imposed pursuant to paragraph (b) of subsection 1 of NRS 373.030 or paragraph (d) of subsection 1 of section 3 of this act that represents collections from the sale of fuel for use in boats at marinas in the county to make capital improvements or to conduct programs to encourage safety in boating. If the county does not control a body of water, where an improvement or program is appropriate, the board may contract with an appropriate person or governmental organization for the improvement or program.
2.ββEach marina shall report monthly to the Department the number of gallons of motor vehicle fuel sold for use in boats. The report must be made on or before the 25th day of each month for sales during the preceding month.
Sec.β9.ββNRS 373.130 is hereby amended to read as follows:
373.130ββ1.ββMoney for the payment of the cost of a project within the area embraced by a regional plan for transportation established pursuant to NRS 373.1161 may be obtained by the issuance of revenue bonds and other revenue securities as provided in subsection 2, or, subject to any pledges, liens and other contractual limitations made pursuant to the provisions of this chapter, may be obtained by direct distribution from the regional street and highway fund, except to the extent any such use is prevented by the provisions of NRS 373.150, or may be obtained both by the issuance of such securities and by such direct distribution, as the board may determine. Money for street and highway construction outside the area embraced by the plan may be distributed directly from the regional street and highway fund as provided in NRS 373.150.
2.ββThe board may, after the enactment of an ordinance as authorized by paragraph (b) of subsection 1 of NRS 373.030 [,] or paragraph (d) of subsection 1 of section 3 of this act, issue revenue bonds and other revenue securities, on the behalf and in the name of the county:
(a)βThe total of all of which, issued and outstanding at any one time, must not be in an amount requiring a total debt service in excess of the estimated receipts to be derived from the [tax] taxes imposed pursuant to the provisions of paragraph (b) of subsection 1 of NRS 373.030 [;] and paragraph (d) of subsection 1 of section 3 of this act;
(b)βWhich must not be general obligations of the county or a charge on any real estate therein; and
(c)βWhich may be secured as to principal and interest by a pledge authorized by this chapter of the receipts from the motor vehicle fuel taxes designated in this chapter, except such portion of the receipts as may be required for the direct distributions authorized by NRS 373.150.
3.ββA county is authorized to issue bonds without the necessity of their being authorized at any election in such manner and with such terms as provided in this chapter.
4.ββSubject to the provisions of this chapter, for any project authorized therein , the board of any county may, on the behalf and in the name of the county, borrow money, otherwise become obligated, and evidence obligations by the issuance of bonds and other county securities, and in connection with the undertaking or project, the board may otherwise proceed as provided in the Local Government Securities Law.
κ2003 Statutes of Nevada, Page 951 (CHAPTER 187, SB 237)κ
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connection with the undertaking or project, the board may otherwise proceed as provided in the Local Government Securities Law.
5.ββAll such securities constitute special obligations payable from the net receipts of the motor vehicle fuel taxes designated in this chapter except as otherwise provided in NRS 373.150, and the pledge of revenues to secure the payment of the securities must be limited to [the] those net receipts.
6.ββExcept for:
(a)βAny notes or warrants which are funded with the proceeds of interim debentures or bonds;
(b)βAny interim debentures which are funded with the proceeds of bonds;
(c)βAny temporary bonds which are exchanged for definitive bonds;
(d)βAny bonds which are reissued or which are refunded; and
(e)βThe use of any profit from any investment and reinvestment for the payment of any bonds or other securities issued pursuant to the provisions of this chapter,
all bonds and other securities issued pursuant to the provisions of this chapter must be payable solely from the proceeds of motor vehicle fuel taxes collected by or remitted to the county pursuant to chapter 365 of NRS, as supplemented by this chapter. Receipts of the taxes levied in NRS 365.180 and 365.190 and pursuant to paragraphs (a) and (b) of subsection 1 of section 3 of this act may be used by the county for the payment of securities issued pursuant to the provisions of this chapter and may be pledged therefor. If during any period any securities payable from these tax proceeds are outstanding, the tax receipts must not be used directly for the construction, maintenance and repair of any streets, roads or other highways nor for any purchase of equipment therefor, and the receipts of the tax levied in NRS 365.190 must not be apportioned pursuant to subsection 2 of NRS 365.560 unless, at any time the tax receipts are so apportioned, provision has been made in a timely manner for the payment of such outstanding securities as to the principal of, any prior redemption premiums due in connection with, and the interest on the securities as they become due, as provided in the securities, the ordinance authorizing their issuance, and any other instrument appertaining to the securities.
7.ββThe ordinance authorizing the issuance of any bond or other revenue security hereunder must describe the purpose for which it is issued at least in general terms and may describe the purpose in detail. This section does not require the purpose so stated to be set forth in the detail in which the project approved by the commission pursuant to subsection 2 of NRS 373.140 is stated, or prevent the modification by the board of details as to the purpose stated in the ordinance authorizing the issuance of any bond or other security after its issuance, subject to approval by the commission of the project as so modified.
Sec.β10.ββNRS 373.140 is hereby amended to read as follows:
373.140ββ1.ββAfter the enactment of an ordinance as authorized in NRS 373.030, all street and highway construction, surfacing or resurfacing projects in the county which are proposed to be financed from [the] a county motor vehicle fuel tax imposed pursuant to paragraph (b) of subsection 1 of NRS 373.030 or paragraph (d) of subsection 1 of section 3 of this act must first be submitted to the regional transportation commission.
κ2003 Statutes of Nevada, Page 952 (CHAPTER 187, SB 237)κ
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2.ββ[Where] If the project is within the area covered by a regional plan for transportation established pursuant to NRS 373.1161, the commission shall evaluate it in terms of:
(a)βThe priorities established by the plan;
(b)βThe relation of the proposed work to other projects already constructed or authorized;
(c)βThe relative need for the project in comparison with others proposed; and
(d)βThe money available.
If the commission approves the project, the board may authorize the project, using all or any part of the proceeds of the county motor vehicle fuel tax authorized [by this chapter,] pursuant to paragraph (b) of subsection 1 of NRS 373.030 or paragraph (d) of subsection 1 of section 3 of this act, except to the extent any such use is prevented by the provisions for direct distribution required by NRS 373.150 or is prevented by any pledge to secure the payment of outstanding bonds, other securities or other obligations incurred hereunder, and other contractual limitations appertaining to such obligations as authorized by NRS 373.160, and the proceeds of revenue bonds or other securities issued or to be issued as provided in NRS 373.130. Except as otherwise provided in subsection 3, if the board authorizes the project, the responsibilities for letting construction and other necessary contracts, contract administration, supervision and inspection of work and the performance of other duties related to the acquisition of the project must be specified in written agreements executed by the board and the governing bodies of the cities and towns within the area covered by a regional plan for transportation established pursuant to NRS 373.1161.
3.ββIn a county in which two or more governmental entities are represented on the commission, the governing bodies of those governmental entities may enter into a written master agreement that allows a written agreement described in subsection 2 to be executed by only the commission and the governmental entity that receives funding for the approved project. The provisions of a written master agreement must not be used until the governing body of each governmental entity represented on the commission ratifies the written master agreement.
4.ββ[Where] If the project is outside the area covered by a plan, the commission shall evaluate it in terms of:
(a)βIts relation to the regional plan for transportation established pursuant to NRS 373.1161 if any;
(b)βThe relation of the proposed work to other projects constructed or authorized;
(c)βThe relative need for the proposed work in relation to others proposed by the same city or town; and
(d)βThe availability of money.
If the commission approves the project, the board shall direct the county treasurer to distribute the sum approved to the city or town requesting the project, in accordance with NRS 373.150.
5.ββIn counties whose population is less than 100,000, the commission shall certify the adoption of the plan in compliance with subsections 2 and 4.
Sec.β11.ββNRS 373.160 is hereby amended to read as follows:
373.160ββ1.ββThe ordinance or ordinances providing for the issuance of any bonds or other securities issued hereunder payable from the receipts from the motor vehicle fuel excise taxes herein designated may at the discretion of the board, in addition to covenants and other provisions authorized in the Local Government Securities Law, contain covenants or other provisions as to the pledge of and the creation of a lien upon the receipts of the [tax] taxes collected for the county [hereunder (] pursuant to paragraph (b) of subsection 1 of NRS 373.030 and paragraph (d) of subsection 1 of section 3 of this act, excluding any tax proceeds to be distributed directly under the provisions of NRS 373.150 , [)] or the proceeds of the bonds or other securities pending their application to defray the cost of the project, or both such tax proceeds and security proceeds, to secure the payment of revenue bonds or other securities issued hereunder.
κ2003 Statutes of Nevada, Page 953 (CHAPTER 187, SB 237)κ
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discretion of the board, in addition to covenants and other provisions authorized in the Local Government Securities Law, contain covenants or other provisions as to the pledge of and the creation of a lien upon the receipts of the [tax] taxes collected for the county [hereunder (] pursuant to paragraph (b) of subsection 1 of NRS 373.030 and paragraph (d) of subsection 1 of section 3 of this act, excluding any tax proceeds to be distributed directly under the provisions of NRS 373.150 , [)] or the proceeds of the bonds or other securities pending their application to defray the cost of the project, or both such tax proceeds and security proceeds, to secure the payment of revenue bonds or other securities issued hereunder.
2.ββIf the board determines in any ordinance authorizing the issuance of any bonds or other securities hereunder that the proceeds of the [tax] taxes levied and collected pursuant to [the County Motor Vehicle Fuel Tax Law] paragraph (b) of subsection 1 of NRS 373.030 and paragraph (d) of subsection 1 of section 3 of this act are sufficient to pay all bonds and securities, including the proposed issue, from the proceeds thereof, the board may additionally secure the payment of any bonds or other securities issued pursuant to the ordinance hereunder by a pledge of and the creation of a lien upon not only the proceeds of any motor vehicle fuel tax authorized at the time of the issuance of such securities to be used for such payment in subsection 6 of NRS 373.130, but also the proceeds of any such tax thereafter authorized to be used or pledged , or used and pledged , for the payment of such securities, whether such tax be levied or collected by the county, the State of Nevada, or otherwise, or be levied in at least an equivalent value in lieu of any such tax existing at the time of the issuance of such securities or be levied in supplementation thereof.
3.ββThe pledges and liens authorized by subsections 1 and 2 [of this section shall] extend to the proceeds of any tax collected for use by the county on any motor vehicle fuel so long as any bonds or other securities issued hereunder remain outstanding and [shall not be] are not limited to any type or types of motor vehicle fuel in use when the bonds or other securities [shall be] are issued.
Sec.β12.ββNRS 377A.020 is hereby amended to read as follows:
377A.020ββ1.ββThe board of county commissioners of [any] :
(a)βAny county may enact an ordinance imposing a tax for a public transit system , [or] for the construction, maintenance and repair of public roads, for the improvement of air quality or [both,] for any combination of those purposes pursuant to NRS 377A.030. [The board of county commissioners of any]
(b)βAny county whose population is less than 400,000 may enact an ordinance imposing a tax to promote tourism pursuant to NRS 377A.030.
2.ββAn ordinance enacted pursuant to this chapter may not become effective before a question concerning the imposition of the tax is approved by a majority of the registered voters of the county voting upon the question which the board may submit to the voters at any general election. A county may combine the questions for a public transit system , [and] for the construction, maintenance and repair of public roads and for the improvement of air quality with questions submitted pursuant to NRS 244.3351, 278.710 or 371.045, or any combination thereof. The board shall also submit to the voters at a general election any proposal to increase the rate of the tax or change the previously approved uses for the proceeds of the tax.
κ2003 Statutes of Nevada, Page 954 (CHAPTER 187, SB 237)κ
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3.ββAny ordinance enacted pursuant to this section must specify the date on which the tax must first be imposed or on which an increase in the rate of the tax becomes effective, which must not be earlier than the first day of the second calendar month following the approval of the question by the voters.
Sec.β13.ββNRS 377A.030 is hereby amended to read as follows:
377A.030ββExcept as otherwise provided in NRS 377A.110, any ordinance enacted under this chapter must include provisions in substance as follows:
1.ββA provision imposing a tax upon retailers at the rate of not more than:
(a)βFor a tax to promote tourism, one-quarter of 1 percent; or
(b)βFor a tax to establish and maintain a public transit system , [or] for the construction, maintenance and repair of public roads, for the improvement of air quality or [both,] for any combination of those purposes, one-half of 1 percent,
of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed, in a county.
2.ββProvisions substantially identical to those contained in chapter 374 of NRS, insofar as applicable.
3.ββA provision that all amendments to chapter 374 of NRS after the date of enactment of the ordinance, not inconsistent with this chapter, automatically become a part of [an ordinance imposing the tax for public mass transportation and construction of public roads or the tax to promote tourism in the county.] the ordinance.
4.ββA provision that the county shall contract before the effective date of the ordinance with the Department to perform all functions incident to the administration or operation of the tax in the county.
5.ββA provision that exempts from the tax or any increase in the tax the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract for the construction of an improvement to real property, entered into on or before the effective date of the tax or the increase in the tax, or for which a binding bid was submitted before that date if the bid was afterward accepted, if under the terms of the contract or bid the contract price or bid amount cannot be adjusted to reflect the imposition of the tax or the increase in the tax.
Sec.β14.ββNRS 377A.070 is hereby amended to read as follows:
377A.070ββ1.ββThe county treasurer shall deposit the money received from the State Controller pursuant to NRS 377A.050 for a public transit system , [or] for the construction, maintenance and repair of public roads, for the improvement or air quality or [both,] for any combination of those purposes in the county treasury for credit to a fund to be known as the public transit fund.
2.ββThe public transit fund must be accounted for as a separate fund and not as a part of any other fund.
Sec.β15.ββNRS 377A.080 is hereby amended to read as follows:
377A.080ββ1.ββIn any county in which a tax for a public transit system , [or] for the construction, maintenance and repair of public roads, for the improvement of air quality or [both,] for any combination of those purposes has been imposed, the board shall by ordinance create a regional transportation commission pursuant to chapter 373 of NRS if one has not already been created under that chapter. [Where] If a regional transportation commission has already been created under that chapter, that commission may also exercise the powers conferred by this section.
κ2003 Statutes of Nevada, Page 955 (CHAPTER 187, SB 237)κ
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commission has already been created under that chapter, that commission may also exercise the powers conferred by this section.
2.ββThe regional transportation commission may:
(a)βAppropriate money in the public transit fund accumulated by a county to provide a public transit system for that county if the system is included in a regional transportation plan adopted by the regional transportation commission;
(b)βAppropriate money to provide transportation or to support agencies which are providing transportation for the elderly and persons with disabilities, if the services are consistent with the regional transportation plan;
(c)βProvide for or perform all functions incident to the administration and operation of the public transit system, including the establishment of fares for the system; and
(d)βAdopt regulations for the operation of systems or services provided by the commission and for systems or services financed by the commission and provided by an agency or a private contractor.
3.ββThe commission may draw money out of the public transit fund only for:
(a)βThe establishment and maintenance of a public transit system for the county and for the support of other activities, services and programs related to transportation which are included in a regional transportation plan adopted by the commission;
(b)βThe construction, maintenance and repair of public roads;
(c)βThe distribution of money to the local air pollution control agency which administers the program established in the county pursuant to NRS 445B.500, to support activities, services and programs related to the improvement of air quality;
(d)βThe payment of principal and interest on notes, bonds or other securities issued to provide [funds] money for the cost of projects described in paragraphs (a) [and (b); or
(d)]β, (b) and (c); or
(e)βAny combination of those purposes.
Sec.β16.ββNRS 377A.090 is hereby amended to read as follows:
377A.090ββ1.ββMoney for the payment of the cost of establishing and maintaining a public transit system , [or] for the construction, maintenance and repair of public roads, for the improvement of air quality or [both,] for any combination of those purposes may be obtained by the issuance of bonds and other securities as provided in subsection 2, or, subject to any pledges, liens and other contractual limitations made pursuant to this chapter, may be obtained by direct distribution from the public transit fund, or may be obtained both by the issuance of such securities and by such direct distribution as the board may determine.
2.ββThe board may, after the enactment of an ordinance [imposing a tax for a public transit system or for the construction, maintenance and repair of public roads, or both, as] authorized by paragraph (a) of subsection 1 of NRS 377A.020, from time to time issue bonds and other securities, which are general or special obligations of the county and which may be secured as to principal and interest by a pledge authorized by this chapter of the receipts from the tax [for a public transit system or for the construction, maintenance and repair of public roads, or both.] imposed by that ordinance.
κ2003 Statutes of Nevada, Page 956 (CHAPTER 187, SB 237)κ
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3.ββThe ordinance authorizing the issuance of any bond or other security must describe the purpose for which it is issued.
Sec.β17.ββNRS 377A.100 is hereby amended to read as follows:
377A.100ββ1.ββEach ordinance providing for the issuance of any bond or security issued under this chapter payable from the receipts of the tax [for a public transit system or for the construction, maintenance and repair of public roads, or both,] imposed pursuant to paragraph (b) of subsection 1 of NRS 377A.030 may, in addition to covenants and other provisions authorized in the Local Government Securities Law, contain a covenant or other provision to pledge and create a lien upon the receipts of the tax or upon the proceeds of any bond or security pending their application to defray the cost of establishing or operating a public transit system, constructing, maintaining or repairing public roads or improving air quality, or both tax proceeds and security proceeds, to secure the payment of any bond or security issued under this chapter.
2.ββAny money pledged to the payment of bonds or other securities pursuant to subsection 1 may be treated as pledged revenues of the project for the purposes of subsection 3 of NRS 350.020.
Sec.β18.ββNRS 377A.110 is hereby amended to read as follows:
377A.110ββ1.ββSubject to the provisions of subsection 2, the board may gradually reduce the amount of any tax imposed pursuant to this chapter for a public transit system , [or] for the construction, maintenance and repair of public roads, for the improvement of air quality or [both,] for any combination of those purposes as revenue from the operation of [the public transit system] those projects permits.
2.ββNo such taxing ordinance may be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair any outstanding bonds issued under this chapter, or other obligations incurred under this chapter, until all obligations, for which revenues from the ordinance have been pledged or otherwise made payable from such revenues pursuant to this chapter, have been discharged in full, but the board may at any time dissolve the regional transportation commission and provide that no further obligations be incurred thereafter.
Sec.β19.ββNRS 278.710 is hereby amended to read as follows:
278.710ββ1.ββA board of county commissioners may by ordinance, but not as in a case of emergency, impose a tax for the improvement of transportation on the privilege of new residential, commercial, industrial and other development pursuant to paragraph (a) or (b) as follows:
(a)βAfter receiving the approval of a majority of the registered voters of the county voting on the question at a special election or the next primary or general election, the board of county commissioners may impose the tax throughout the county, including any such development in incorporated cities in the county. A county may combine this question with a question submitted pursuant to NRS 244.3351, 371.045 or 377A.020, or any combination thereof.
(b)βAfter receiving the approval of a majority of the registered voters who reside within the boundaries of a transportation district created pursuant to NRS 244A.252, voting on the question at a special or general district election or primary or general state election, the board of county commissioners may impose the tax within the boundaries of the district. A county may combine this question with a question submitted pursuant to NRS 244.3351.
κ2003 Statutes of Nevada, Page 957 (CHAPTER 187, SB 237)κ
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2.ββA special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board of county commissioners is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the boards determination is final. As used in this subsection, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the county or to enable the board of county commissioners to provide an essential service to the residents of the county.
3.ββThe tax imposed pursuant to this section must be at such a rate and based on such criteria and classifications as the board of county commissioners determines to be appropriate. Each such determination is conclusive unless it constitutes an arbitrary and capricious abuse of discretion, but the tax imposed must not :
(a)βFor any fiscal year beginning:
(1)βBefore July 1, 2003, exceed $500 ;
(2)βOn or after July 1, 2003, and before July 1, 2005, exceed $650;
(3)βOn or after July 1, 2005, and before July 1, 2010, exceed $700;
(4)βOn or after July 1, 2010, and before July 1, 2015, exceed $800;
(5)βOn or after July 1, 2015, and before July 1, 2020, exceed $900; or
(6)βOn or after July 1, 2020, exceed $1,000,
per single-family dwelling unit of new residential development, or the equivalent thereof as determined by the board of county commissioners [, or 50 cents] ; or
(b)βFor any fiscal year beginning:
(1)βBefore July 1, 2003, $0.50;
(2)βOn or after July 1, 2003, and before July 1, 2005, exceed $0.65;
(3)βOn or after July 1, 2005, and before July 1, 2010, exceed $0.75;
(4)βOn or after July 1, 2010, and before July 1, 2015, exceed $0.80;
(5)βOn or after July 1, 2015, and before July 1, 2020, exceed $0.90; or
(6)βOn or after July 1, 2020, exceed $1.00,
per square foot on other new development.
4.ββIf so provided in [the ordinance,] an ordinance adopted pursuant to this section, a newly developed lot for a mobile home must be considered a single-family dwelling unit of new residential development.
[4.]β5.ββThe tax imposed pursuant to this section must be collected before the time a certificate of occupancy for a building or other structure constituting new development is issued, or at such other time as is specified in the ordinance imposing the tax. If so provided in the ordinance, no certificate of occupancy may be issued by any local government unless proof of payment of the tax is filed with the person authorized to issue the certificate of occupancy. Collection of the tax imposed pursuant to this section must not commence earlier than the first day of the second calendar month after adoption of the ordinance imposing the tax.
[5.]β6.ββIn a county in which a tax has been imposed pursuant to paragraph (a) of subsection 1, the revenue derived from the tax must be used exclusively to pay the cost of:
κ2003 Statutes of Nevada, Page 958 (CHAPTER 187, SB 237)κ
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(a)βProjects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways and other public rights-of-way used primarily for vehicular traffic, including, without limitation, overpass projects, street projects and underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, respectively:
(1)βWithin the boundaries of the county;
(2)βWithin 1 mile outside the boundaries of the county if the board of county commissioners finds that such projects outside the boundaries of the county will facilitate transportation within the county; or
(3)βWithin 30 miles outside the boundaries of the county and the boundaries of this state, where those boundaries are coterminous, if:
(I)βThe projects consist of improvements to a highway which is located wholly or partially outside the boundaries of this state and which connects this state to an interstate highway; and
(II)βThe board of county commissioners finds that such projects will provide a significant economic benefit to the county;
(b)βThe principal and interest on notes, bonds or other obligations incurred to fund projects described in paragraph (a); or
(c)βAny combination of those uses.
[6.]β7.ββIn a transportation district in which a tax has been imposed pursuant to paragraph (b) of subsection 1, the revenue derived from the tax must be used exclusively to pay the cost of:
(a)βProjects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways and other public rights-of-way used primarily for vehicular traffic, including, without limitation, overpass projects, street projects and underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, respectively, within the boundaries of the district or within such a distance outside those boundaries as is stated in the ordinance imposing the tax, if the board of county commissioners finds that such projects outside the boundaries of the district will facilitate transportation within the district;
(b)βThe principal and interest on notes, bonds or other obligations incurred to fund projects described in paragraph (a); or
(c)βAny combination of those uses.
[7.]β8.ββThe county may expend the proceeds of the tax authorized by this section, or any borrowing in anticipation of the tax, pursuant to an interlocal agreement between the county and the regional transportation commission of the county with respect to the projects to be financed with the proceeds of the tax.
[8.]β9.ββThe provisions of chapter 278B of NRS and any action taken pursuant to that chapter do not limit or in any other way apply to any tax imposed pursuant to this section.
Sec.β20.ββChapter 278B of NRS is hereby amended by adding thereto a new section to read as follows:
1.ββThe governing body of a local government which imposes an impact fee to pay the cost of constructing a street project may include a provision in the ordinance imposing the impact fee or adopt a separate ordinance providing that each year in which the governing body does not adopt any revisions to the land use assumptions or capital improvements plan or otherwise increase the impact fee, the current amount of the impact fee is cumulatively increased:
κ2003 Statutes of Nevada, Page 959 (CHAPTER 187, SB 237)κ
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(a)βBy a percentage equal to the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years; or
(b)βBy 4.5 percent,
whichever is less.
2.ββUpon inclusion of a provision in the ordinance imposing the impact fee or the adoption of a separate ordinance authorized by subsection 1, no further action by the governing body is necessary to effectuate the annual increases.
3.ββEach increase authorized pursuant to this section becomes effective 1 year after:
(a)βThe date upon which the impact fee initially becomes effective;
(b)βThe date the governing body adopts a revised capital improvements plan; or
(c)βThe effective date of any previous increase in the impact fee pursuant to this section,
whichever occurs last.
Sec.β21.ββNRS 278B.230 is hereby amended to read as follows:
278B.230ββ1.ββThe impact fee per service unit , excluding the amount of any increase authorized pursuant to section 20 of this act, must not exceed the amount determined by dividing the costs of the capital improvements described in subsection 3 of NRS 278B.170 by the total number of projected service units described in subsection 6 of NRS 278B.170.
2.ββIf the number of new service units projected over a period is less than the total number of new service units shown by the approved land use assumptions at full development of the service area, the maximum impact fee which may be charged per service unit , excluding the amount of any increase authorized pursuant to section 20 of this act, must be calculated by dividing the costs of the part of the capital improvements required by the new service units described in subsection 7 of NRS 278B.170 by the projected new service units described in that subsection.
3.ββThe impact fee may be collected at the same time as the fee for issuance of a building permit for the service unit or at the time a certificate of occupancy is issued for the service unit, as specified in the ordinance.
Sec.β22.ββ1.ββThe approval by the voters on November 5, 2002, of Advisory Question No. 10, concerning transportation, on the 2002 general election ballot for Clark County shall be deemed to constitute approval by the voters of the taxes authorized by the provisions of NRS 278.710, as amended by this act, and paragraph (b) of subsection 1 of NRS 377A.030, as amended by this act. No other approval by the voters is required for the imposition of those taxes in Clark County, including its incorporated cities, at the following rates:
(a)βPursuant to NRS 278.710:
(1)βFor each fiscal year beginning:
(I)βOn or after July 1, 2003, and before July 1, 2005, $650;
(II)βOn or after July 1, 2005, and before July 1, 2010, $700;
(III)βOn or after July 1, 2010, and before July 1, 2015, $800;
(IV)βOn or after July 1, 2015, and before July 1, 2020, $900; and
(V)βOn or after July 1, 2020, $1,000,
per single-family dwelling of new residential development, or the equivalent thereof as determined by the board of county commissioners; and
κ2003 Statutes of Nevada, Page 960 (CHAPTER 187, SB 237)κ
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(2)βFor each fiscal year beginning:
(I)βOn or after July 1, 2003, and before July 1, 2005, $0.65;
(II)βOn or after July 1, 2005, and before July 1, 2010, $0.75;
(III)βOn or after July 1, 2010, and before July 1, 2015, $0.80;
(IV)βOn or after July 1, 2015, and before July 1, 2020, $0.90; and
(V)βOn or after July 1, 2020, $1.00,
per square foot on other new development; and
(b)βPursuant to paragraph (b) of subsection 1 of NRS 377A.030:
(1)βOne-half of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county, until:
(I)βThe last day of the fiscal year during which the Department of Taxation determines that the cumulative total proceeds of the tax imposed at that rate equal or exceed $1.7 billion; or
(II)βJune 30, 2028,
whichever occurs earlier; and
(2)βThree-eighths of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county, during each subsequent fiscal year.
2.ββThe approval by the voters on November 5, 2002, of Advisory Question No. 2, concerning transportation, on the 2002 general election ballot for Washoe County shall be deemed to constitute approval by the voters of an increase in the rate of the tax imposed pursuant to paragraph (b) of subsection 1 of NRS 377A.030, as amended by this act, to three-eighths of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county. No other approval by the voters is required for the imposition of that increase in the rate of that tax in Washoe County, including its incorporated cities.
3.ββIf at any time after November 5, 2002, and before the effective date of this act, another county obtains approval by the voters of a measure which complies with the provisions of NRS 278.710 for the tax authorized by that section, as amended by this act, that approval shall be deemed to constitute approval of the tax specified on the ballot and no other approval by the voters is required for imposition of that tax at the rate or rates specified on that ballot.
Sec.β23.ββIf any provision of this act, or the application thereof to any person, thing or circumstance is held invalid, such invalidity does not affect the provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are hereby declared to be severable.
Sec.β24.ββThis act becomes effective upon passage and approval.
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