[Rev. 7/31/2013 3:56:12 PM]

Link to Page 240

 

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ê1987 Statutes of Nevada, Page 241 (Chapter 123, AB 243)ê

 

      Sec. 26.  Section 10 of chapter 536, Statutes of Nevada 1985, at page 1626, is hereby amended to read as follows:

       Sec. 10.  The owner of a facility for demonstrations shall employ only licensed demonstrators.

      Sec. 27.  Section 1 of chapter 543, Statutes of Nevada 1985, at page 1643, is hereby amended to read as follows:

       Section 1.  Chapter 208 of NRS is hereby amended by adding thereto a new section to read as follows:

       A prisoner may execute any instrument by signing his name immediately following a declaration “under penalty of perjury” with the same legal effect as if he had acknowledged it or sworn to its truth before a person authorized to administer oaths. As used in this section, “prisoner” means a person confined in any jail or prison, or any facility for the detention of juvenile offenders, in this state.

      Sec. 28.  Sections 8, 25 and 28 of chapter 558, Statutes of Nevada 1985, at pages 1694, 1702 and 1704, respectively, are hereby amended to read respectively as follows:

       Sec. 8.  NRS 450B.160 is hereby amended to read as follows:

       450B.160  1.  The health division may issue licenses to attendants [.] and firemen employed by or serving as a volunteer with a firefighting agency.

       2.  Each license must be evidenced by a card issued to the holder of the license , [holder.

       3.  Each license] is valid for a period not to exceed 2 years [,] and is renewable.

       [4.  To obtain a license as an attendant, an]

       3.  An applicant must file with the health division:

       (a) [A] For a license:

             (1) As an attendant, a current, valid certificate evidencing his successful completion of a [training] program or course for training in advanced first aid:

             [(1)] (I) At a level of skill determined by the board; or

             [(2)] (II) Equivalent to the national standardized course for emergency medical technicians [.] ; or

             (2) As a fireman with a firefighting agency, a current valid certificate evidencing his successful completion of a program for training as an intermediate emergency medical technician or advanced emergency medical technician-ambulance.

       (b) A signed statement showing:

             (1) His name and address;

             (2) His employer’s name and address; and

             (3) A description of his duties.

       (c) Such other certificates for training and such other items as the board may specify.

       [5.] 4.  An applicant for a license as an attendant who is not a volunteer must file with the health division, in addition to the items specified in subsection [4,] 3, a current, valid certificate designating him as an emergency medical technician [.


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ê1987 Statutes of Nevada, Page 242 (Chapter 123, AB 243)ê

 

specified in subsection [4,] 3, a current, valid certificate designating him as an emergency medical technician [.

       6.] , intermediate emergency medical technician or advanced emergency medical technician-ambulance.

       5.  The board shall adopt such regulations as it determines are necessary for the issuance, suspension, revocation and renewal of licenses.

       [7.] 6.  Each operator of an ambulance [service and] or air ambulance [service] and a firefighting agency shall annually file with the health division a complete list of the licensed [attendants] persons in its service.

       [8.] 7.  Licensed physicians , physicians’ assistants and registered nurses may serve as attendants or render emergency medical care without being licensed [as ambulance attendants,] under the provisions of this section, but a registered nurse who is employed to perform advanced emergency care in an ambulance or air ambulance must be qualified to render medical care at the scene of an emergency as required by the regulations of the state board of nursing.

       Sec. 25.  NRS 41.500 is hereby amended to read as follows:

       41.500  1.  Except as provided in NRS 41.505, any person in this state, who renders emergency care or assistance in an emergency, gratuitously and in good faith, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured person.

       2.  Any person in this state who acts as a driver of an ambulance [driver] or attendant on an ambulance operated by a volunteer [ambulance] service or as a volunteer driver or attendant on an ambulance operated by a political subdivision of this state, or owned by the Federal Government and operated by a contractor of the Federal Government, and who in good faith renders emergency care or assistance to any injured or ill person, whether at the scene of an emergency or while transporting an injured or ill person to or from any clinic, doctor’s office or other medical facility, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.

       3.  Any appointed member of a volunteer [ambulance] service operating an ambulance or an appointed volunteer [member of] serving on an ambulance [service] operated by a political subdivision of this state, other than [an ambulance] a driver or attendant [,] of an ambulance, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him whenever he is performing his duties in good faith .


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ê1987 Statutes of Nevada, Page 243 (Chapter 123, AB 243)ê

 

performing his duties in good faith . [as a member of a volunteer ambulance service or ambulance service operated by a political subdivision.]

       4.  Any person who is a member of a search and rescue organization in this state under the direct supervision of any county sheriff who in good faith renders [emergency] care or assistance in an emergency to any injured or ill person, whether at the scene of an emergency or while transporting an injured or ill person to or from any clinic, doctor’s office or other medical facility, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.

       5.  Any person who is employed by or serves as a volunteer for a public firefighting agency and who is authorized under chapter 450B of NRS to render emergency medical care at the scene of an emergency must not be held liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.

       Sec. 28.  Sections 8, 22, 23 and 25 of this act become effective at 12:01 a.m. on July 1, 1985.

      Sec. 29.  Sections 2 and 9 of chapter 559, Statutes of Nevada 1985, at pages 1705 and 1708, respectively, are hereby amended to read respectively as follows:

       Sec. 2.  NRS 502.240 is hereby amended to read as follows:

       502.240  The department shall issue annual licenses and limited permits:

       1.  To any citizen of the United States who has attained his 12th birthday but who has not attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon the payment of [$3] $5 for an annual fishing or hunting license.

       2.  To any citizen of the United States who has not attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon payment of $5 for an annual trapping license.

       3.  Except as provided in NRS 502.245, to any citizen of the United States who has attained his 16th birthday and who has been a bona find resident of the State of Nevada for 6 months immediately preceding his application for a license, upon the payment of:

 

For a fishing license........................................................ [$14.00]       $15.00

For a 10-day permit to fish................................................. [7.50] 10.00 For a 3-day permit to fish........................................ [5.00]      $6.00

 


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ê1987 Statutes of Nevada, Page 244 (Chapter 123, AB 243)ê

 

For a 3-day permit to fish................................................... [5.00]          $6.00

For a hunting license........................................................ [13.00]          15.00

For a combined hunting and fishing license................. [25.00]          28.50

For a trapping license....................................................... [20.00]          30.50

For a fur dealer’s license..............................................................            50.00

For an annual master guide’s license.........................................          125.00

For an annual subguide’s license...............................................            60.00

 

       [3.] 4.  To any alien or to any citizen of the United States who has attained his 12th birthday but who has not attained his 16th birthday, not a bona fide resident of the State of Nevada, upon the payment of [$6.50] $8 for an annual fishing license (except for a fishing license to fish in the reciprocal waters of the Colorado River, Lake Mead and Lake Mohave, which annual license [shall] must cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed [$20).] $30).

       [4.] 5.  Except as provided in subsection [3,] 4, to any alien or to any citizen of the United States, not a bona fide resident of the State of Nevada, upon the payment of:

 

For a fishing license (except for a fishing license to fish in the reciprocal waters of the Colorado River, Lake Mead and Lake Mohave, which license [shall] must cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed [$20)] $30)............................................................................... [$30.00]             $35

For a 10-day permit to fish............................................... [10.00]               20

For a 3-day permit to fish................................................... [7.50]               12

For a hunting license........................................................ [75.00]               80

For an annual trapper’s license..................................... [125.00]             150

For a fur dealer’s license................................................ [100.00]             100

For an annual master guide’s license........................... [250.00]             250

For an annual subguide’s license................................. [125.00]             125

 

       [5.] 6.  To any person, without regard to residence, upon the payment of:

 

For a noncommercial breeding ground......................................            $5.00

For a commercial or private shooting preserve........................            35.00

For a commercial breeding ground.............................................            35.00

For a commercial fish hatchery...................................................            35.00

For a private noncommercial fish hatchery...............................            10.00

[For a trained animal act license..................................................           10.00]

For a live bait dealer’s permit...................................................... 60.00 For a competitive field trials permit...............................       $5.00

 


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ê1987 Statutes of Nevada, Page 245 (Chapter 123, AB 243)ê

 

For a competitive field trials permit............................................            $5.00

For a falconry license...................................................................            15.00

For an importation permit.............................................................              5.00

For an import eligibility permit....................................................            25.00

For an exportation permit................................................... [2.00]            5.00

[For a live bait seining and transporting permit.......................             2.00]

       Sec. 9.  1.  This section and sections 1, 6, 7 and 8 of this act become effective upon passage and approval.

       2.  Sections 2, 3, 4 and 5 of this act become effective on March 1, 1986, except that:

       (a) Any increase in the fee for an exportation permit or trapping license; and

       (b) Any new fee for a trapping license,

set forth in section 2 may not be imposed before July 1, 1986

      Sec. 30.  Sections 4 and 20 of chapter 560, Statutes of Nevada 1985, at pages 1711 and 1723, respectively, are hereby amended to read respectively as follows:

       Sec. 4.  NRS 286.3005 is hereby amended to read as follows:

       286.3005  1.  A member who provides proper documentation and establishes the right to purchase any of the service listed in NRS 286.300 may defer payment until actual retirement. Under this subsection, the purchase of service must be based on the full actuarial cost based upon the age of the member at the time of purchase. Service purchased under this subsection may not be credited until retirement. This service may be used for eligibility for service retirement.

       2.  A state agency may purchase credit for service on behalf of a member only as provided in section 1 of [this act.] chapter 364, Statutes of Nevada 1985. Any other public employer may pay any portion of the cost to purchase credit for service under NRS 286.300, but is not required to do so. No credit may be validated unless the cost of purchasing credit has been paid.

       [3.  The member or public employer, or both, purchasing credit under NRS 286.300 shall pay the full current administrative fees for each month of service purchased.]

       Sec. 20.  Sections 4 and 5 of this act become effective at 12:01 a.m. on July 1, 1985.

      Sec. 31.  Section 4 of chapter 565, Statutes of Nevada 1985, at page 1729, is hereby amended to read as follows:

       Sec. 4.  NRS 354.596 is hereby amended to read as follows:

       354.596  1.  On or before March 15 of each year, the officer charged by law shall prepare, or the governing body shall cause to be prepared, on appropriate forms prescribed by the department of taxation for the use of local governments, a tentative budget for the ensuing fiscal year. The tentative budget and a copy of the local government’s report of its proposed expenditures for the following fiscal year must be submitted to the county auditor and filed for public record and inspection in the office of:

 


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ê1987 Statutes of Nevada, Page 246 (Chapter 123, AB 243)ê

 

fiscal year must be submitted to the county auditor and filed for public record and inspection in the office of:

       (a) The clerk or secretary of the governing body; and

       (b) The county clerk.

The report must be written in the same detail as its chart of accounts. The total amount of the expenditures contained in this report equal the total amount of expenditures contained in its tentative budget for each department and fund listed in that budget.

       2.  At the time of filing the tentative budget, the governing body shall give notice of the time and place of a public hearing on the tentative budget and shall cause a notice of the hearing to be published once in a newspaper of general circulation within the area of the local government not more than 14 nor less than 7 days before the date set for the hearing. The notice of public hearing must state:

       (a) The time and place of the public hearing.

       (b) That a tentative budget has been prepared in such detail and on appropriate forms as prescribed by the department of taxation.

       (c) The places where copies of the tentative budget are on file and available for public inspection.

       3.  Budget hearings must be held:

       (a) For county budgets, on the 3rd Monday in April;

       (b) For cities, on the 3rd Tuesday in April;

       (c) For school districts, on the 3rd Wednesday in April; and

       (d) For all other local governments, on the 3rd Thursday in April,

except that the board of county commissioners may consolidate the hearing on all local government budgets administered by the board of county commissioners with the county budget hearing.

       4.  On or before March 15, a copy of the tentative budget and notice of public hearing must be submitted:

       (a) To the department of taxation; and

       (b) In the case of school districts, to the state department of education.

       5.  The department of taxation shall examine the submitted documents for compliance with law and with appropriate regulations and shall submit to the governing body at least 3 days before the public hearing a written certificate of compliance or a written notice of lack of compliance. The written notice must indicate the manner in which the submitted documents fail to comply with law or appropriate regulations.

       6.  Whenever the governing body receives from the department of taxation a notice of lack of compliance, the governing body shall forthwith proceed to amend the tentative budget to effect compliance with the law and with the appropriate regulation.

       7.  If any change which results in an increase in the amount of revenue required from property taxes is made in a tentative budget after it has been submitted to the county auditor pursuant to subsection 1, the amended tentative budget must be submitted to the county auditor at least 30 days before it may be adopted as the final budget.


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ê1987 Statutes of Nevada, Page 247 (Chapter 123, AB 243)ê

 

1, the amended tentative budget must be submitted to the county auditor at least 30 days before it may be adopted as the final budget.

      Sec. 32.  1.  Sections 44 to 47, inclusive, of chapter 568, Statutes of Nevada 1985, at page 1745, are hereby repealed.

      2.  Sections 48 and 49 of chapter 568, Statutes of Nevada 1985, at page 1746, are hereby repealed.

      3.  Sections 58 and 59 of chapter 568, Statutes of Nevada 1985, at pages 1749 and 1750, respectively, are hereby repealed.

      4.  Sections 92, 93 and 99 of chapter 568, Statutes of Nevada 1985, at pages 1763, 1764 and 1767, respectively, are hereby amended to read respectively as follows:

       Sec. 92.  NRS 477.120 is hereby amended to read as follows:

       477.120  1.  Except as otherwise provided in subsection 2, the owner or operator of any building, except a single-family detached dwelling, shall:

       (a) Equip every exit corridor and other means of exit with emergency lighting of a type approved by the authority which permits the safe evacuation of the building.

       (b) Except as otherwise provided by the authority, equip every door to an exit corridor which serves 30 or more occupants with a device, approved by the authority, which closes the door.

       (c) Except as otherwise provided by the authority, immediately provide adequate facilities for exit.

       (d) If the building has three stories or more, enclose every open stairway or vertical shaft with:

             (1) Construction whose resistance to fire has been approved by the authority; or

             (2) Alternate means approved by the authority which afford equivalent protection to life and property from fire.

       2.  A [health and care facility] medical facility or facility for the dependent is exempt from the provisions of paragraph (b) of subsection 1 with regard to the door to a patient’s room if smoking in the patient’s room is prohibited or permitted only when:

       (a) An employee of the facility is present; or

       (b) Smoking material is wholly contained within a device designed for such use and approved by the state fire marshal.

       3.  Upon a showing of practical difficulty or unnecessary hardship, the authority may grant an exemption from the provisions of paragraph (c) of subsection 1 if it is clearly evident that the safe evacuation of the building will not be hindered thereby.

       4.  When an exemption is granted pursuant to subsection 3, the authority shall record the details of and reasons for the exemption.

       Sec. 93.  NRS 608.156 is hereby amended to read as follows:

       608.156  1.  If an employer provides health benefits for his employees, he shall provide benefits for the expenses for the treatment of abuse of alcohol and drugs. The annual benefits provided by the employer must consist of:


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ê1987 Statutes of Nevada, Page 248 (Chapter 123, AB 243)ê

 

       (a) Treatment for withdrawal from the physiological effects of alcohol or drugs, with a maximum benefit of $1,500 per calendar year.

       (b) Treatment for a patient admitted to a [health and care] facility, with a maximum benefit of $9,000 per calendar year.

       (c) Counseling for a person, group or family who is not admitted to a [health and care] facility, with a maximum benefit of $2,500 per calendar year.

       2.  The maximum amount which may be paid in the lifetime of the insured for any combination of the treatments listed in subsection 1 is $39,000.

       3.  These benefits must be paid in the same manner as benefits for any other illness covered by the employer are paid.

       4.  The employee is entitled to these benefits if treatment is received in [:

       (a) Any facility for] any:

       (a) Facility for the treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources.

       (b) [Any hospital or other health and care facility] Hospital or other medical facility or facility for the dependent which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of Hospitals and provides a program for the treatment of [alcoholism or drug] abuse of alcohol or drugs as part of its accredited activities.

       Sec. 99.  NRS 633A.150 is hereby amended to read as follows:

       633A.150  1.  The board of naturopathic healing consists of five members appointed by the governor.

       2.  Two members of the board must:

       (a) Be licensed under this chapter;

       (b) Be actually engaged in the practice of naturopathic healing in this state; and

       (c) Be residents of Nevada.

       3.  One member must:

       (a) Be a physician licensed under chapter 630 of NRS;

       (b) Have practiced medicine in Nevada for at least 2 years; and

       (c) Be a resident of Nevada.

       4.  The remaining members must be residents of the State of Nevada:

       (a) Not licensed in any state to practice any healing art; and

       (b) Not actively engaged in the administration of any [health and care facility.] medical facility or facility for the dependent as defined in chapter 449 of NRS.

       5.  Before entering upon the duties of his office, each member of the board shall take:

       (a) The constitutional oath of office; and

       (b) An oath that he is legally qualified to serve on the board.


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ê1987 Statutes of Nevada, Page 249 (Chapter 123, AB 243)ê

 

       6.  [As used in this section “health and care facility” has the meaning ascribed to it in NRS 449.007.

       7.] Upon expiration of his term of office, a member must continue to serve until his successor is appointed and qualifies.

       [8.] 7.  If a vacancy occurs on the board, a member is absent from the state for a period of 6 months or more without the board’s permission, or a member fails to attend meetings of the board or to the business of the board, as determined necessary in its discretion, the board shall notify the governor, and the governor shall appoint a person qualified under this chapter to replace the member for the remainder of the unexpired term.

      5.  Section 110 of chapter 568, Statutes of Nevada 1985, at page 1772, is hereby repealed.

      6.  Sections 111, 112, 114 and 117 of chapter 568, Statutes of Nevada 1985, at pages 1772, 1773, 1775 and 1778, respectively, are hereby amended to read respectively as follows:

       Sec. 111.  NRS 689A.030 is hereby amended to read as follows:

       689A.030  A policy of health insurance must not be delivered or issued for delivery to any person in this state unless it otherwise complies with this code, and complies with the following:

       1.  The entire money and other considerations therefor must be expressed therein.

       2.  The time when the insurance takes effect and terminates must be expressed therein.

       3.  It must purport to insure only one person, except that a policy may insure, originally or by subsequent amendment, upon the application of an adult member of a family, who shall be deemed the policy holder, any two or more eligible members of that family, including the husband, wife, dependent children, from the time of birth as provided in NRS 689A.043, or any children under a specified age which must not exceed 19 years except as provided in NRS 689A.045, and any other person dependent upon the policy holder.

       4.  The style, arrangement and overall appearance of the policy must not give undue prominence to any portion of the text, and every printed portion of the text of the policy and of any endorsements or attached papers must be plainly printed in light-faced type of a style in general use, the size of which must be uniform and not less than 10 points with a lower case unspaced alphabet length not less than 120 points. “Text” includes all printed matter except the name and address of the insurer, the name or the title of the policy, the brief description, if any, and captions and subcaptions.

       5.  The exceptions and reductions of indemnity must be set forth in the policy and, other than those contained in NRS 689A.050 to 689A.290, inclusive, must be printed, at the insurer’s option, with the benefit provision to which they apply or under an appropriate caption such as “Exceptions” or “Exceptions and Reductions,” except that if an exception or reduction specifically applies only to a particular benefit of the policy, a statement of that exception or reduction must be included with the benefit provision to which it applies.


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ê1987 Statutes of Nevada, Page 250 (Chapter 123, AB 243)ê

 

an exception or reduction specifically applies only to a particular benefit of the policy, a statement of that exception or reduction must be included with the benefit provision to which it applies.

       6.  Each such form, including riders and endorsements, must be identified by a number in the lower left-hand corner of the first page thereof.

       7.  The policy must not contain any provision purporting to make any portion of the charter, rules, constitution or bylaws of the insurer a part of the policy unless that portion is set forth in full in the policy, except in the case of the incorporation of or reference to a statement of rates or classification of risks, or short-rate table filed with the commissioner.

       8.  The policy must provide benefits for expense arising from [home health] care at home or health supportive services if that care or service was prescribed by a physician and would have been covered by the policy if performed in a [health and care facility for the dependent as defined in NRS 449.007;] medical facility or facility for the dependent as defined in chapter 449 of NRS.

       9.  The policy must provide, at the option of the applicant, benefits for expenses incurred for the treatment of [alcohol and drug abuse,] abuse of alcohol or drugs, unless the policy provides coverage only for a specified disease or provides for the payment of a specific amount of money if the insured is hospitalized or receiving health care in his home.

       10.  If the policy provides coverage for services rendered by a hospital, [health and care facility] other medical facility, facility for the dependent or other similar services it must provide coverage for such services when rendered by a hospice.

       Sec. 112.  NRS 689A.046 is hereby amended to read as follows:

       689A.046  1.  The benefits provided by a policy for health insurance for treatment of the abuse of alcohol or drugs must consist of:

       (a) Treatment for withdrawal from the physiological effect of alcohol or drugs, with a maximum benefit of $1,500 per calendar year.

       (b) Treatment for a patient admitted to a [health and care] facility, with a maximum benefit of $9,000 per calendar year.

       (c) Counseling for a person, group or family who is not admitted to a [health and care] facility, with a maximum benefit of $2,500 per calendar year.

       2.  The maximum amount which may be paid in the lifetime of the insured for any combination of the treatments listed in subsection 1 is $39,000.

       3.  These benefits must be paid in the same manner as benefits for any other illness covered by a similar policy are paid.

       4.  The insured person is entitled to these benefits if treatment is received in [:


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ê1987 Statutes of Nevada, Page 251 (Chapter 123, AB 243)ê

 

       (a) Any facility for] any:

       (a) Facility for the treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources.

       (b) [Any hospital or other health and care facility] Hospital or other medical facility or facility for the dependent which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of Hospitals and provides a program for the treatment of [alcoholism or drug] abuse of alcohol or drugs as part of its accredited activities.

       Sec. 114.  NRS 689B.036 is hereby amended to read as follows:

       689B.036  1.  The benefits provided by a group policy for health insurance, as required in subsection 5 of NRS 689B.030, for treatment of the abuse of alcohol or drugs must consist of:

       (a) Treatment for withdrawal from the physiological effects of alcohol or drugs, with a maximum benefit of $1,500 per calendar year.

       (b) Treatment for a patient admitted to a [health and care] facility, with a maximum benefit of $9,000 per calendar year.

       (c) Counseling for a person, group or family who is not admitted to a [health and care] facility, with a maximum benefit of $2,500 per calendar year.

       2.  The maximum amount which may be paid in the lifetime of the insured for any combination of the treatments listed in subsection 1 is $39,000.

       3.  These benefits must be paid in the same manner as benefits for any other illness covered by a similar policy are paid.

       4.  The insured person is entitled to these benefits if treatment is received in [:

       (a) Any facility for] any:

       (a) Facility for the treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources.

       (b) [Any hospital or other health and care facility] Hospital or other medical facility or facility for the dependent which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of Hospitals and provides a program for the treatment of [alcoholism or drug] abuse of alcohol or drugs as part of its accredited activities.

       Sec. 117.  NRS 695B.194 is hereby amended to read as follows:

       695B.194  1.  The annual benefits provided by a policy for health insurance issued by a medical service corporation, as required by subsection 8 of NRS 695B.180, for treatment of the abuse of alcohol or drugs must consist of:

       (a) Treatment for withdrawal from the physiological effects of alcohol or drugs, with a maximum benefit of $1,500 per calendar year.

       (b) Treatment for a patient admitted to a [health and care] facility, with a maximum benefit of $9,000 per calendar year.


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ê1987 Statutes of Nevada, Page 252 (Chapter 123, AB 243)ê

 

       (c) Counseling for a person, group or family who is not admitted to a [health and care] facility, with a maximum benefit of $2,500 per calendar year.

       2.  The maximum amount which may be paid in the lifetime of the insured for any combination of the treatments listed in subsection 1 is $39,000.

       3.  These benefits must be paid in the same manner as benefits for any other illness covered by a similar policy are paid.

       4.  The insured person is entitled to these benefits if treatment is received in [:

       (a) Any facility for] any:

       (a) Facility for the treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources.

       (b) [Any hospital or other health and care facility] Hospital or other medical facility or facility for the dependent which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of Hospitals and provides a program for the treatment of [alcoholism or drug] abuse of alcohol or drugs as part of its accredited activities.

      7.  Sections 118 and 121 of chapter 568, Statutes of Nevada 1985, at pages 1778 and 1779, respectively, are hereby amended to read respectively as follows:

       Sec. 118.  NRS 695C.174 is hereby amended to read as follows:

       695C.174  1.  The benefits provided by health maintenance plans for treatment of the abuse of alcohol or drugs as required by subparagraph (5) of paragraph (b) of subsection 3 of NRS 695C.170, must consist of:

       (a) Treatment for withdrawal from the physiological effects of alcohol or drugs, with a maximum benefit of $1,500 per calendar year.

       (b) Treatment for a patient admitted to a [health and care] facility, with a maximum benefit of $9,000 per calendar year.

       (c) Counseling for a person, group or family who is not admitted to a [health and care] facility, with a maximum benefit of $2,500 per calendar year.

       2.  The maximum amount which may be paid in the lifetime of the insured for any combination of the treatments listed in subsection 1 is $39,000.

       3.  These benefits must be paid in the same manner as benefits for any other illness covered by a similar policy are paid.

       4.  The insured person is entitled to these benefits if treatment is received in [:

       (a) Any facility for] any:

       (a) Facility for the treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources.


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ê1987 Statutes of Nevada, Page 253 (Chapter 123, AB 243)ê

 

       (b) [Any hospital or other health and care facility] Hospital or other medical facility or facility for the dependent which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of Hospitals and provides a program for the treatment of [alcoholism or drug] abuse of alcohol or drugs as part of its accredited activities.

       Sec. 121.  Sections 16, 54, 84, 91, 92, 93, 97, 99, 111, 112, 114, 117 and 118 of this act become effective at 12:01 a.m. on July 1, 1985.

      Sec. 33.  Section 9 of chapter 574, Statutes of Nevada 1985, at page 1804, is hereby amended to read as follows:

       Sec. 9.  NRS 377.057 is hereby amended to read as follows:

       377.057  1.  The state controller, acting upon the relevant information furnished by the department, shall monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month, after making any distributions required by NRS 377.053:

       (a) Distribute the amount specified in this paragraph among the following local governments in the following percentages:

 

                                                                                                                 Percent-

                       Political Subdivision                                                                age

Churchill County...................................................................................      3.23

City of North Las Vegas.......................................................................    46.52

City of Carlin..........................................................................................      2.72

Esmeralda County.................................................................................        .20

Eureka County.......................................................................................        .71

City of Winnemucca.............................................................................      5.56

City of Caliente......................................................................................        .46

City of Yerington...................................................................................      4.77

Mineral County.....................................................................................      9.96

City of Gabbs.........................................................................................      4.31

Pershing County...................................................................................      2.52

City of Lovelock....................................................................................      5.77

White Pine County...............................................................................      5.37

City of Ely...............................................................................................      7.90

 

For the fiscal year beginning July 1, 1981, the monthly amount is $71,110. For each succeeding fiscal year, this amount must be reduced by $7,111 from the preceding year.

       (b) Distribute to each local government the amount calculated for it by the department of taxation pursuant to subsection 2.

       2.  The maximum amounts distributable under paragraph (b) of subsection 1 must be estimated for each fiscal year. The percentage of maximum allowable revenue, as determined pursuant to NRS 354.59805, to be derived from the supplemental city-county relief tax must be as nearly equal among the several counties as possible.


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ê1987 Statutes of Nevada, Page 254 (Chapter 123, AB 243)ê

 

354.59805, to be derived from the supplemental city-county relief tax must be as nearly equal among the several counties as possible. The amount apportioned to each county must then be apportioned among the several local governments therein, including the county and excluding the school district, any district to provide a telephone number for emergencies, any district created under chapter 318 of NRS to furnish emergency medical services, any redevelopment agency, and any other local government excluded by specific statute, in the proportion which each local government’s basic ad valorem revenue bears to the total basic ad valorem revenue of all these local governments except that no local government may receive more than the amount to which it is entitled pursuant to NRS 354.59811 and 354.59816. When any local government has received the maximum supplemental city-county relief tax calculated to be distributed to it, any remaining money otherwise distributable to it must be deposited in the reserve fund for the supplemental city-county relief tax.

       3.  As used in this section, the “basic ad valorem revenue”:

       (a) Of each local government is its assessed valuation for the year of distribution, multiplied by the rate levied on its behalf for the fiscal year ending June 30, 1981, for purposes other than paying the interest on and principal of its general obligations. For the purposes of this paragraph:

             (1) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.

             (2) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.

       (b) Of the county for the distribution under subsection 1 is the sum of its individual basic ad valorem revenue and those of the other local governments within it, excluding the school district [.] and any district created under chapter 318 of NRS to furnish emergency medical services.

       4.  For the purposes of this section, a fire district organized pursuant to chapter 473 of NRS is a local government.

      Sec. 34.  1.  Section 28 of chapter 576, Statutes of Nevada 1985, at page 1817, is hereby repealed.

      2.  Section 46 of chapter 576, Statutes of Nevada 1985, at page 1827, is hereby amended to read as follows:

       Sec. 46.  Except as provided in section 45 of this act, section 35 of this act becomes effective on January 1, 1986. Until that date none of the references to an “escrow officer” added to Title 57 of NRS by this act confers any right or imposes any duty with respect to a person so employed by a title insurer or title agent.

      Sec. 35.  1.  Section 2 of chapter 578, Statutes of Nevada 1985, at page 1829, is hereby repealed.


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ê1987 Statutes of Nevada, Page 255 (Chapter 123, AB 243)ê

 

      2.  Sections 10 and 14 of chapter 578, Statutes of Nevada 1985, at pages 1831 and 1833, respectively, are hereby amended to read respectively as follows:

       Sec. 10.  NRS 482.36311 is hereby amended to read as follows:

       482.36311  As used in NRS 482.36311 to 482.36425, inclusive, and sections 3 to 9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 482.36319 to 482.36345, inclusive, have the meaning ascribed to them in those sections.

       Sec. 14.  NRS 482.3638 is hereby amended to read as follows:

       482.3638  It is an unfair act or practice for any manufacturer, distributor or factory branch, directly or through any representative, to:

       1.  Require a dealer to agree to a release, assignment, novation, waiver or estoppel which purports to relieve any person from liability imposed by this chapter, or require any controversy between a dealer and a manufacturer, distributor or representative to be referred to any person or agency except as set forth in this chapter if [such] that referral would be binding on the dealer, except that this section does not prevent the parties from mutually agreeing to arbitration pursuant to law.

       2.  Increase prices of new motor vehicles which the dealer had ordered for private retail consumers before his receipt of the written official notification of a price increase. A sales contract signed by a retail consumer constitutes evidence of each [such] order. Price changes applicable to new model or series motor vehicles at the time of the introduction of new models or series [shall] must not be deemed a price increase. Price changes caused by:

       (a) The addition to a motor vehicle of equipment formerly optional as standard or required equipment pursuant to state or federal law;

       (b) Revaluation of the United States dollar in the case of foreign-made vehicles; or

       (c) Transportation cost increases,

are not subject to this provision.

       3.  Deny the principal owner the opportunity to designate his spouse, a member of his family or other qualified designee as entitled to participate in the ownership of [the] :

       (a) The franchised dealership [or] ;

       (b) A successor franchised dealership for 2 years or a longer reasonable time after the [death or] incapacity of [such] the principal owner [.] ; or

       (c) A successor franchised dealership after the death of the principal in accordance with sections 3 to 9, inclusive, of this act.

       4.  Modify unilaterally, replace, enter into, relocate, terminate or refuse to renew a franchise in violation of law.


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ê1987 Statutes of Nevada, Page 256 (Chapter 123, AB 243)ê

 

      Sec. 36.  Sections 22 and 31 of chapter 579, Statutes of Nevada 1985, at pages 1844 and 1848, respectively, are hereby amended to read respectively as follows:

       Sec. 22  NRS 706.521 is hereby amended to read as follows:

       706.521  1.  Except as provided in subsection 5, any person has the option, in lieu of causing a motor vehicle to be licensed under NRS 706.011 to 706.791, inclusive, of applying for a temporary license to be issued forthwith upon payment of a [fee equal to 10 percent of the license fee provided in NRS 706.506, rounded off to the nearest dollar. The fee for the temporary license may not be less than $6 per motor vehicle nor more than $60.] fee based upon the declared gross weight of the vehicle or combination of vehicles as follows:

 

More than 10,000 pounds but not more than 15,000......................          $10

More than 15,000 pounds but not more than 20,000......................            20

More than 20,000 pounds but not more than 50,000......................            40

More than 50,000 pounds.....................................................................            90

 

       2.  Except as otherwise provided in subsection 6, a temporary license authorizes operation over the highways of this state for a period of not more than 48 consecutive hours.

       3.  Any person who has elected to pay license fees exclusively under this section and who has complied with the provisions of NRS 706.266 is entitled upon application to the department in such form and detail as the department may require, to be issued a proper identifying device. [The fee for each device is $4.]

       4.  Upon request, the department may allow credit for the period for which the licenses were purchased if the applicant is licensed under the provisions of NRS [706.506 to 706.516, inclusive.] 706.516.

       5.  The provisions of this section do not apply to operators of driveaway-towaway convoy vehicles.

       6.  The department may issue, to the owner or operator of a common motor carrier of passengers, a temporary license which authorizes operation for a period of not more than 120 consecutive hours.

       Sec. 31.  NRS 706.856 is hereby amended to read as follows:

       706.856  1.  The owner or operator of a motor vehicle coming within the provisions of NRS 706.801 to 706.861, inclusive, may, in lieu of registering it pursuant to the provisions of NRS 706.836 to 706.851, inclusive, apply for and obtain a temporary registration upon payment of a fee of [$6, which fee] $12, which is in lieu of all other fees and service charges due pursuant to the provisions of NRS 706.801 to 706.861, inclusive.

       2.  Except as otherwise provided in subsection 6, a temporary registration authorizes operation over the highways of this state for a period of not more than 48 consecutive hours.


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ê1987 Statutes of Nevada, Page 257 (Chapter 123, AB 243)ê

 

       3.  Any person exercising this option shall purchase the license at the first available vendor in the State of Nevada. The operator of a motor vehicle obtaining a temporary registration from a vendor elects this option by virtue of the purchase. Any 48-hour period for which a temporary registration was not purchased must be billed for 48-hour temporary registration on an audit until the vehicle is licensed under NRS 706.836 to 706.851, inclusive.

       4.  Every person electing to pay fees on such a temporary basis shall keep a written record of every trip made into or through this state and each temporary registration so purchased. The record must be open to inspection by any agent or employee of the commission or the department. The commission and the department may require any person to submit such periodic reports and supporting data as they may deem necessary with respect to trips made into or through this state.

       5.  Upon request, the department may allow credit for the period for which temporary registrations were purchased if the applicant applies and prorates his vehicle registration.

       6.  The department may issue, to the owner or operator of a common motor carrier of passengers, a temporary license which authorizes operation for a period of not more than 120 consecutive hours.

       7.  As a condition for exercising the privilege of reciprocity under the provisions of NRS 482.390, the department may:

       (a) Require the operator of motor vehicles eligible for reciprocity to file annually an application listing the motor vehicles to be operated in this state;

       (b) Issue identifying devices for motor vehicles so listed;

       (c) Collect an administrative fee of $4 per motor vehicle identified; and

       (d) Collect the fee for temporary registration from the owner or operator of motor vehicles not so identified.

      Sec. 37.  Section 40 of chapter 581, Statutes of Nevada 1985, at page 1861, is hereby amended to read as follows:

       Sec. 40.  NRS 644.425 is hereby amended to read as follows:

       644.425  1.  The board may grant a permit authorizing a person to conduct demonstrations and exhibitions, temporarily and primarily for educational purposes, of [hair-styling, makeup and hair-dyeing] techniques for styling of hair, dyeing hair and makeup for the benefit and instruction of [hairdressers and cosmeticians, cosmeticians,] cosmetologists, aestheticians, electrologists and manicurists licensed under this chapter, and [junior operators] cosmetologists’ apprentices and students enrolled in licensed schools of cosmetology.

       2.  The permit must specify the purpose for which it is granted, the period during which the person is permitted to conduct the demonstrations and exhibitions, which [period] may not exceed 10 days, and the time and place of exercising the privilege granted by the permit.


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ê1987 Statutes of Nevada, Page 258 (Chapter 123, AB 243)ê

 

       3.  A person may be granted a permit under this section only if he:

       (a) [Makes application] Applies to the board for the permit; [and]

       (b) Demonstrates to the satisfaction of the board that the permit is sought primarily for educational purposes [.] ; and

       (c) Pays a fee of not less than $10 and not more than $25.

       4.  The provisions of this section do not apply to demonstrators licensed under this chapter.

       5.  It is unlawful:

       (a) For any person to conduct a demonstration or exhibition without a permit.

       (b) For any person who is granted a permit to allow persons other than [hairdressers and cosmeticians, cosmeticians,] cosmetologists, aestheticians, electrologists and manicurists licensed under this chapter, and [junior operators] cosmetologists’ apprentices and students enrolled in licensed schools of cosmetology to attend any demonstration or exhibition made or given by him.

      Sec. 38.  Section 1 of chapter 582, Statutes of Nevada 1985, at page 1862, is hereby amended to read as follows:

       Section 1.  NRS 463.120 is hereby amended to read as follows:

       463.120  1.  The board and the commission shall cause to be made and kept a record of all proceedings at regular and special meetings of the board and the commission. These records are open to public inspection.

       2.  The board shall maintain a file of all applications for licenses under this chapter, together with a record of all action taken with respect to those applications. The file and record are open to public inspection.

       3.  The board and the commission may maintain such other files and records as they may deem desirable.

       4.  Except as provided in this subsection and subsection 5, all information and data:

       (a) Required by the board or commission to be furnished to it under this chapter or which may be otherwise obtained relative to the finances, earnings or revenue of any applicant or licensee; [and]

       (b) Pertaining to an applicant’s criminal record, antecedents and background which have been furnished to or obtained by the board or commission from any source [,] ;

       (c) Provided to the members, agents or employees of the board or commission by a governmental agency or an informer or on the assurance that the information will be held in confidence and treated as confidential; and

       (d) Obtained by the board from a manufacturer, distributor or operator relating to the manufacturing of gaming devices,

are confidential and may be revealed in whole or in part only in the course of the necessary administration of this chapter or upon the lawful order of a court of competent jurisdiction. The commission may reveal such information and data to an authorized agent of any agency of the United States Government, any state or any political subdivision of this state pursuant to regulations adopted by the commission.


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ê1987 Statutes of Nevada, Page 259 (Chapter 123, AB 243)ê

 

reveal such information and data to an authorized agent of any agency of the United States Government, any state or any political subdivision of this state pursuant to regulations adopted by the commission.

       5.  Before the beginning of each legislative session, the board shall submit to the legislative commission for its review and for the use of the legislature a report on the gross revenue, net revenue and average depreciation of all licensees, categorized by class of licensee and geographical area and the assessed valuation of the property of all licensees, by category, as listed on the assessment rolls.

       6.  Notice of the content of any information or data furnished or released pursuant to subsection 4 may be given to any applicant or licensee in a manner prescribed by regulations adopted by the commission.

       7.  The files, records and reports of the board are open at all times to inspection by the commission and its authorized agents.

       8.  All files, records, reports and other information pertaining to gaming matters in the possession of the Nevada tax commission must be made available to the board and the Nevada gaming commission as is necessary to the administration of this chapter.

      Sec. 39.  1.  Section 1 of chapter 608, Statutes of Nevada 1985, at page 1902, is hereby amended to read as follows:

       Section 1.  NRS 293.560 is hereby amended to read as follows:

       293.560  1.  [Registration] In any county which uses a computer to register voters and keep records of the registration of the county’s voters, registration must close at 9 p.m. of the third Saturday preceding any primary, general, recall or special election. In every other county, registration must close at 9 p.m. of the fifth Saturday preceding any primary [election, at 9 p.m. of the fifth Saturday preceding any] or general election and at 9 p.m. of the third Saturday preceding any recall or special election.

       2.  The offices of the county clerk and ex officio registrars must be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m., including Saturdays, during the last days before the close of registration, according to the following schedule:

       (a) In a county whose population is less than 100,000, those offices must be open during the last 3 days before registration closes;

       (b) In all other counties, those offices must be open during the last 5 days before registration closes.

       3.  Except for a special election held pursuant to chapter 350 of NRS:

       (a) The county clerk of each county shall cause a notice signed by him to be published in a newspaper having a general circulation in the county indicating the day that registration will be closed. If no such newspaper is published in the county, then the publication may be made in a newspaper of general circulation published in the nearest county in this state.


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ê1987 Statutes of Nevada, Page 260 (Chapter 123, AB 243)ê

 

       (b) The notice must be published once each week for 4 consecutive weeks next preceding the close of registration for any election.

      2.  Chapter 608, Statutes of Nevada 1985, at page 1902, is hereby amended by adding thereto a new section to be designated as section 2, immediately following section 1, to read as follows:

       Sec. 2.  This act becomes effective at 12:01 a.m. on July 1, 1985.

      Sec. 40.  Section 31 of chapter 610, Statutes of Nevada 1985, at page 1911, is hereby amended to read as follows:

       Sec. 31.  NRS 641.020 is hereby amended to read as follows:

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

       1.  “Board” means the board of psychological examiners.

       2.  “Certificate” means a certificate of registration as a psychologist.

       3.  “Certificatee” means a person certified as a psychologist by the board.

       4.  “Practice of psychology” means the application of established principles of learning, motivation, perception, thinking and emotional relationships to problems of personnel evaluation, group relations and behavior adjustment. The application of such principles includes, but it not restricted to:

       (a) Counseling and the use of psychotherapeutic measures, including hypnosis, with persons or groups with adjustment problems in the areas of work, family, school or personal relationships.

       (b) Measuring and testing of personality, intelligence, aptitudes, emotions, public opinion, attitudes and skills.

       5.  “Psychologist” means a person who describes himself, or his services, to the public by any title or description which incorporates the word “psychological,” “psychologist” or “psychology,” and offers to render or renders psychological services to individuals, partnerships, associations, corporations or other members of the public for remuneration.] , the words and terms defined in sections 2 to 9, inclusive, of this act, have the meanings ascribed to them in those sections.

      Sec. 41.  Sections 5, 47, 57, 119, 129, 170 and 176 of chapter 618, Statutes of Nevada 1985, at pages 1930, 1946, 1952, 1978, 1983, 2002 and 2004, respectively, are hereby amended to read respectively as follows:

       Sec. 5.  NRS 481.027 is hereby amended to read as follows:

       481.027  1.  The department of motor vehicles and public safety shall control the manner and type of use of the state highways by the public, and the department of transportation shall control the physical aspects of the state highways.

       2.  The functions of the department of motor vehicles and public safety concerning highway safety must not be duplicated by any other agency, department, commission or officer of the State of Nevada.


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ê1987 Statutes of Nevada, Page 261 (Chapter 123, AB 243)ê

 

       Sec. 47.  NRS 484.263 is hereby amended to read as follows:

       484.263  1.  Except as otherwise provided in subsection 5, a person shall not:

       (a) Operate a motor vehicle registered or required to be registered in this state without having security covering the vehicle as required by NRS 485.185.

       (b) Operate or knowingly permit the operation of a motor vehicle without having evidence of current insurance in the vehicle.

       (c) Fail or refuse to surrender, upon demand, to a peace officer or to an authorized representative of the department proof of security.

       2.  Except as provided in subsection 3, any person who violates subsection 1 shall be fined not less than $300 nor more than $500.

       3.  A person may not be fined if he presents evidence to the court that the security required by NRS 485.185 was in effect at the time demand was made for it.

       4.  Failure to deposit security if so required by the provisions of NRS 485.190 is prima facie evidence of violation of the provisions of this section.

       5.  The provisions of paragraphs (b) and (c) of subsection 1 do not apply if the motor vehicle in question displays a valid permit issued by the department [of motor vehicles] pursuant to NRS 482.3212, 482.396, 482.423 or 482.424 authorizing the movement or operation of that vehicle within the state for a limited time.

       Sec. 57.  NRS 484.513 is hereby amended to read as follows:

       484.513  1.  Every bicycle when in use at night must be equipped with:

       (a) A lamp on the front which emits a white light visible from a distance of at least 500 feet to the front;

       (b) A red reflector on the rear of a type approved by the department [of motor vehicles] which must be visible from 50 feet to 300 feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle; and

       (c) Reflective material of a sufficient size and reflectivity to be visible from both sides of the bicycle for 600 feet when directly in front of the lawful lower beams of the head lamps of a motor vehicle, or in lieu of such material, a lighted lamp visible from both sides from a distance of at least 500 feet.

       2.  A person shall not operate a bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least 100 feet, [but] except a bicycle must not be equipped with and a person shall not use upon a bicycle any siren or whistle.

       3.  Every bicycle must be equipped with a brake which will enable the operator to make the [braked] wheels skid on dry, level, clean pavement.


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ê1987 Statutes of Nevada, Page 262 (Chapter 123, AB 243)ê

 

       Sec. 119.  NRS 179A.080 is hereby amended to read as follows:

       179A.080  The director of the department of motor vehicles and public safety is responsible for administering this chapter and may adopt regulations for that purpose. The director shall:

       1.  Adopt regulations for the security of the central repository so that it is adequately protected from fire, theft, loss, destruction, other hazards and unauthorized access.

       2.  Adopt regulations and standards for personnel employed by agencies of criminal justice in positions of responsibility for maintenance and dissemination of records of criminal history.

       3.  Provide for audits of informational systems by qualified public or private agencies, organizations or persons.

       Sec. 129.  NRS 286.421 is hereby amended to read as follows:

       286.421  1.  Beginning July 1, 1985, a participating public employer shall pay on behalf of an employee the contributions required by subsection 1 of NRS 286.410 if:

       (a) The employee is hired after July 1, 1985; or

       (b) The employee’s benefits have vested pursuant to NRS 286.6793. The employer shall begin paying an employee’s portion of contribution on the date his benefits vest, if they vest after July 1, 1985.

       2.  Except for persons chosen by election or appointment to serve in elective offices of a political subdivision or as district judges of this state, any such payment of the employee’s portion of the contributions must be:

       (a) Made in lieu of equivalent basic salary increases or cost-of-living increases, or both; or

       (b) Counterbalanced by equivalent reductions in employees’ salaries.

       3.  Except in the case of the elective officers described in subsection 2, the average compensation from which the amount of benefits payable pursuant to this chapter is determined must be increased with respect to each month beginning after June 30, 1975, by 50 percent of the contribution made by the public employer, and must not be less than it would have been if contributions had been made by the member and the public employer separately. In the case of the elective county officers described in subsection 2, any contribution made by the public employer on their behalf does not affect their compensation but is an added special payment.

       4.  Employee contributions made by a public employer must be deposited in either the public employees’ retirement fund or the police and firemen’s retirement fund as is appropriate. These contributions must not be credited to the individual account of the member and may not be withdrawn by the member upon his termination.

       5.  The membership of an employee who became a member on or after July 1, 1975, and all contributions on whose behalf were made by his public employer must not be canceled upon the termination of his service.


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ê1987 Statutes of Nevada, Page 263 (Chapter 123, AB 243)ê

 

       6.  If an employer is paying the basic contribution on behalf of an employee the total contribution rate is, in lieu of the amounts specified in subsection 1 of NRS 286.410 and subsection 1 of NRS 286.450:

       (a) For all employees except police officers and firemen, 15 percent of compensation; and

       (b) For police officers and firemen, 18 percent of compensation,

plus in each case any increase required by NRS 286.465. A public employer which is paying the basic contribution on behalf of its employees must, to the extent that the respective percentage rates of the contribution are increased above the rates set forth in this section on May 19, 1975, require each employee to pay one-half of the amount of the increase as provided in subsection 2.

       7.  For the purposes of adjusting salary increases and cost-of-living increases or of salary reduction, the total contribution must be equally divided between employer and employee.

       8.  Public employers other than the State of Nevada shall pay the entire employee contribution for those employees who contribute to the police and firemen’s retirement fund on and after July 1, 1981, and may before that date pay all or part of this contribution. The State of Nevada shall pay the entire contribution on and after July 1, 1983, for:

       (a) Members of the Nevada highway patrol; and

       (b) [Inspectors or field agents of the motor carrier division of the department of motor vehicles; and

       (c)] Firemen in the division of forestry of the state department of conservation and natural resources,

who contribute to the police and firemen’s retirement fund.

       Sec. 170.  NRS 706.846 is hereby amended to read as follows:

       706.846  Upon the payment of all fees required under NRS 706.801 to 706.861, inclusive, or upon being satisfied that the fee is secured and upon compliance with the laws of this state in order to register [those] the vehicles, the department of motor vehicles and public safety shall register them, and issue plates, licenses, emblems, certificates or other devices for [those] the vehicles in the same manner as otherwise provided by law, except that [those] the vehicles may not be registered unless they are registered and the fees for [those] the vehicles have been paid pursuant to law in some other state or country.

       Sec. 176.  1.  This section and sections 173 and 174 of this act become effective upon passage and approval.

       2.  Sections 5, 14, 17, 19, 26, 41, 44, 47, 57, 74, 115, 119, 120, 125, 129, 137, 161 and 170 of this act become effective at 12:01 a.m. on July 1, 1985.

       3.  Sections 67 and 166 of this act become effective at 12:02 a.m. on July 1, 1985.


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ê1987 Statutes of Nevada, Page 264 (Chapter 123, AB 243)ê

 

      Sec. 42.  Section 2 of chapter 619, Statutes of Nevada 1985, at page 2005, is hereby amended to read as follows:

       Sec. 2.  NRS 639.2589 is hereby amended to read as follows:

       639.2589  1.  The form for any prescription which is issued or intended to be filled in this state must contain [two lines] a line for the signature of the prescriber [. The line on the left must be printed above the words “substitution permitted” and the line on the right must be printed above the words “dispense as written.”] , the printed words “dispense only as written” and a box near that statement for the purpose of indicating that a substitution may not be made.

       2.  Substitutions may be made in filling prescriptions contained in physician’s orders in a facility for skilled nursing or facility for intermediate care. Each page of the document which contains the physician’s order must be printed with the words: “The biological equivalent of drugs ordered may be dispensed unless initialed by the prescriber here” and a box must be provided near that statement for the purpose of indicating that a substitution may not be made.

       3.  Substitutions may be made in filling prescriptions ordered on a patient’s chart in a hospital if the hospital’s medical staff has approved a formulary for specific generic substitutions.

      Sec. 43.  Sections 22 and 23 of chapter 620, Statutes of Nevada 1985, at pages 2012 and 2013, respectively, are hereby amended to read respectively as follows:

       Sec. 22.  NRS 630.364 is hereby amended to read as follows:

       630.364  1.  Any person or organization who furnishes information concerning an applicant for a license or a licensee in good faith and without malicious intent in accordance with the provisions of this chapter is immune from any civil action for furnishing that information.

       2.  The board and any of its members and its staff, counsel, investigators, experts, committees, panels, hearing officers and consultants are immune from any civil liability for:

       (a) Any decision or action taken in good faith and without malicious intent in response to information acquired by the board.

       (b) Disseminating information concerning an applicant for a license or a licensee to other boards or agencies of the state, the attorney general, any hospitals, medical societies, insurers, employers, patients and their families or any law enforcement agency.

       3.  A screening panel or any of its members, acting pursuant to sections 2 to 19, inclusive, of this act, who initiates or assists in any proceeding concerning a claim of malpractice against a physician is immune from any civil action for that initiation or assistance or any consequential damages, if the panel or members acted without malicious intent.

       Sec. 23.  1.  This act becomes effective on July 1, 1985, for the purposes of adopting related regulations.


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ê1987 Statutes of Nevada, Page 265 (Chapter 123, AB 243)ê

 

2.  For all other purposes, this act becomes effective on January 1, 1986.

      Sec. 44.  Section 22 of chapter 621, Statutes of Nevada 1985, at page 2017, is hereby amended to read as follows:

       Sec. 22.  1.  If the advisory committee on financing exports is created, it shall meet when requested by the director and at such other times as its chairman may designate.

       2.  A majority of the members of the committee constitutes a quorum.

       3.  The members of the committee shall elect a chairman and a secretary.

       4.  The committee shall adopt rules for its own management.

       5.  Each member of the committee is entitled to receive a salary of $60 for each day’s attendance at a meeting of the committee.

      Sec. 45.  Sections 17 and 52 of chapter 639, Statutes of Nevada 1985, at pages 2071 and 2085, respectively, are hereby amended to read respectively as follows:

       Sec. 17.  NRS 279.454 is hereby amended to read as follows:

       279.454  1.  Except as provided in subsection 2, no officer or employee of an agency or community who in the course of his duties is required to participate in the formulation of or to approve plans or policies for the redevelopment of a [project] redevelopment area may acquire any interest in any property included within a [project] redevelopment area within the community. If any officer or employee owns, purchases or has or acquires any direct or indirect financial interest in such property, he shall immediately make a written disclosure of it to the agency and the legislative body which must be entered on their minutes. Failure to disclose constitutes misconduct in office.

       2.  Such an officer or employee may purchase or acquire property in the [project] redevelopment area if he uses it for his residence.

       Sec. 52.  NRS 349.580 is hereby amended to read as follows:

       349.580  The director shall not finance a project unless, before financing:

       1.  The director finds that:

       (a) The project to be financed has been approved for financing pursuant to the requirements of NRS 244A.669 to 244A.763, inclusive, and sections 15, 16 and 17 of [this act,] chapter 661, Statutes of Nevada 1985, or 268.512 to 268.568, inclusive [;] , and sections 46 and 47 of this act; and

       (b) There has been a request by a city or county to have the director issue bonds to finance the project; or

       2.  The director finds and both the board and the governing body of the city or county where the project is to be located approve the findings of the director that:

       (a) The project consists of any land, building or other improvement and all real and personal properties necessary in connection therewith, excluding inventories, raw materials and working capital, whether [or not] in existence, suitable for new construction, improvement, preservation, restoration, rehabilitation or redevelopment:

 


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ê1987 Statutes of Nevada, Page 266 (Chapter 123, AB 243)ê

 

excluding inventories, raw materials and working capital, whether [or not] in existence, suitable for new construction, improvement, preservation, restoration, rehabilitation or redevelopment:

             (1) For manufacturing, industrial, warehousing, civic, cultural or other commercial enterprises, educational institutions or organizations for research and development;

             (2) For a health and care facility or a supplemental facility for a health and care facility;

             (3) Of real or personal property appropriate for addition to a hotel, motel, apartment building, casino or office building to protect it or its occupants from fire; or

             (4) Of a historic structure;

       (b) The project will provide a public benefit;

       (c) The contemplated lessee, purchaser or other obligor has sufficient financial resources to place the project in operation and to continue its operation, meeting the obligations of the lease, purchase contract or financing agreement;

       (d) There are sufficient safeguards to assure that all money provided by the department will be expended solely for the purposes of the project;

       (e) There are existing and projected needs for the project and the project would alleviate an existing shortage of facilities or services in the state;

       (f) The project would be compatible with existing facilities in the area adjacent to the location of the project;

       (g) The project is compatible with the plan of the state for economic diversification and development or for the marketing and development of tourism in this state;

       (h) Through the advice of counsel or other reliable source that the project has received all approvals by the local, state and federal governments which may be necessary to proceed with construction, improvement, rehabilitation or redevelopment of the project; and

       (i) There has been a request by a city, county, lessee, purchaser, other obligor or other enterprise to have the director issue revenue bonds for industrial development to finance the project.

      Sec. 46.  Section 8 of chapter 640, Statutes of Nevada 1985, at page 2089, is hereby amended to read as follows:

       Sec. 8.  NRS 350.500 is hereby amended to read as follows:

       350.500  NRS 350.500 to 350.720, inclusive, [and] sections 10 and 11 of [this act shall be known] chapter 661, Statutes of Nevada 1985, and sections 6 and 7 of this act may be cited as the Local Government Securities Law.

      Sec. 47.  Sections 11 and 13 of chapter 651, Statutes of Nevada 1985, at pages 2121 and 2122, respectively, are hereby amended to read respectively as follows:

       Sec. 11.  “Public officer” means a person elected or appointed to a position which is established by the constitution of the State of Nevada, a statute of this state or an ordinance of any of its counties or incorporated cities and which involves the exercise of a public power, trust or duty, except:

 


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ê1987 Statutes of Nevada, Page 267 (Chapter 123, AB 243)ê

 

a statute of this state or an ordinance of any of its counties or incorporated cities and which involves the exercise of a public power, trust or duty, except:

       1.  Any justice, judge or other officer of the court system;

       2.  A commissioner of deeds; and

       3.  Any member of a board, commission or other body whose function is advisory.

       Sec. 13.  NRS 281.431 is hereby amended to read as follows:

       281.431  As used in NRS 281.411 to 281.581, inclusive, and sections 2 to 12.5, inclusive, of this act, unless the context otherwise requires [:

       1.  “Business entity” means any proprietorship, partnership, corporation or other business enterprise doing business in the State of Nevada.

       2.  “Commission” means the executive ethics commission or the legislative ethics commission.

       3.  The making of a “decision” is the exercise of governmental power to adopt laws, regulations or standards, render quasi-judicial decisions, establish executive policy or determine questions involving substantial discretion. The term does not include the functions of the judiciary.

       4.  “Financial interest” means:

       (a) Ownership of 10 percent or more of the capital stock or assets of any business entity, directly or through a member of the interested person’s household.

       (b) Income amounting to 10 percent or more of the gross income of the interested person.

       5.  “Gross income” means the total amount of income which is received from any source by the interested person.

       6.  “Household” means an association of persons who live in the same home or dwelling, sharing its expenses, and who are related by blood, adoption or marriage.

       7.  “Legislative function” means introducing or voting upon any ordinance or resolution, or voting upon:

       (a) The appropriation of public money;

       (b) The issuance of a license or permit; or

       (c) Any proposed subdivision of land or special exception or variance from zoning regulations.

       8.  “Member of the executive branch” means any public officer who is not a member of the legislative branch.

       9.  “Member of the legislative branch” means any member of the legislature or any member of a board of county commissioners or governing body of an incorporated city or other political subdivision who performs a legislative function.

       10.  “Public employee” means any person who performs public duties under the direction and control of a public officer for compensation paid by the state, a county or an incorporated city.


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ê1987 Statutes of Nevada, Page 268 (Chapter 123, AB 243)ê

 

       11.  “Public officer” means a person elected or appointed to a position which is established by the constitution of the State of Nevada, a statute of this state or an ordinance of any of its counties or incorporated cities and which involves the exercise of a public power, trust or duty, except:

       (a) Any justice, judge or other officer of the court system;

       (b) A commissioner of deeds; and

       (c) Any member of a board, commission or other body whose function is advisory.] , the words and terms defined in sections 2 to 11, inclusive, have the meanings ascribed to them in those sections.

      Sec. 48.  Section 1 of chapter 653, Statutes of Nevada 1985, at page 2132, is hereby amended to read as follows:

       Section 1.  Chapter 51 of NRS is hereby amended by adding thereto a new section to read as follows:

       1.  In addition to any other provision for admissibility made by statute or rule of court, a statement made by a child under the age of 10 years describing any act of sexual conduct performed with or on the child is admissible in a criminal proceeding regarding that sexual conduct if the:

       (a) Court finds, in a hearing out of the presence of the jury, that the time, content and circumstances of the statement provide sufficient circumstantial guarantees of trustworthiness; and

       (b) Child either testifies at the proceeding or is unavailable or unable to testify.

       2.  If the child is unavailable or unable to testify, written notice must be given to the defendant at least 10 days before the trial of the prosecution’s intention to offer the statement in evidence.

      Sec. 49.  1.  Sections 17 and 29 of chapter 654, Statutes of Nevada 1985, at pages 2138 and 2142, respectively, are hereby amended to read respectively as follows:

       Sec. 17.  NRS 463.270 is hereby amended to read as follows:

       463.270  1.  Subject to the power of the commission to deny, revoke, suspend, condition or limit licenses, any state license in force may be renewed by the commission for the next succeeding license period upon proper application for renewal and payment of state license fees and taxes as required by law and the regulations of the commission.

       2.  All state gaming licenses are subject to renewal on the 1st day of each January and all quarterly state gaming licenses on the 1st day of each calendar quarter thereafter.

       3.  Application for renewal must be filed with the commission and all state license fees and taxes required by law, including without limitation NRS 463.370, 463.373 to 463.385, inclusive, 463.3855, 463.401, 463.660 and 464.040, must be paid to the commission on or before the dates respectively provided by law for each fee or tax.


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ê1987 Statutes of Nevada, Page 269 (Chapter 123, AB 243)ê

 

       4.  Application for renewal of licenses for slot machines only must be made by the operators of the locations where such machines are situated.

       5.  Any person failing to pay any state license fees or taxes due at the times respectively provided shall pay in addition to such license fees or taxes a penalty of not less than $50 or 25 percent of the amount due, whichever is the greater, but not more than $1,000 if the fees or taxes are less than 10 days late and in no case in excess of [$1,000.] $5,000. The penalty must be collected as are other charges, license fees and penalties under this chapter.

       6.  Upon renewal of any state license, the commission shall issue an appropriate renewal certificate or validating device or sticker, which must be attached to each state gaming license so renewed.

       7.  Any person who operates, carries on or exposes for play any gambling game, gaming device or slot machine or who manufactures, sells or distributes any gaming device, equipment, material or machine used in gaming, after his license becomes subject to renewal, and thereafter fails to apply for renewal as provided in this section, is guilty of a misdemeanor and, in addition to the penalties provided by law, is liable to the State of Nevada for all license fees, taxes and penalties which would have been due upon application for renewal.

       8.  If any licensee or other person fails to renew his license as provided in this section the commission may order the immediate closure of all his gaming activity until the license is renewed by the payment of the necessary fees, taxes, interest and any penalties. Except for a license for which fees are based on the gross revenue of the licensee, failure to renew a license within 30 days after the date required by this chapter shall be deemed a surrender of the license.

       Sec. 29.  NRS 463.643 is hereby amended to read as follows:

       463.643  1.  Each person who acquires, directly or indirectly, beneficial ownership of any voting security in a publicly traded corporation which is registered with the commission may be required to be found suitable if the commission has reason to believe that his acquisition of such ownership would otherwise be inconsistent with the declared policy of this state.

       2.  Each person who, individually or in association with others, acquires, directly or indirectly, beneficial ownership of more than 5 percent of any class of voting securities of a publicly traded corporation registered with the commission, and who is required to report such acquisition to the Securities and Exchange Commission pursuant to section 13(d)(1) , 13(g) or [section] 16(a) of the Securities Exchange Act of 1934, as amended (15 U.S.C. §§ 78m(d)(1) , 78m(g) and 78p(a) , respectively), shall file a copy of that report, and any amendments thereto, with the commission within 10 days after filing that report with the Securities and Exchange Commission.

       3.  Each person who, individually or in association with others, acquires, directly or indirectly, the beneficial ownership of more than 10 percent of any class of voting securities of a publicly traded corporation registered with the commission, and who is required to report the acquisition pursuant to section 13(d)(1) , 13(g) or [section] 16(a) of the [federal] Securities Exchange Act of 1934, as amended (15 U.S.C.


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ê1987 Statutes of Nevada, Page 270 (Chapter 123, AB 243)ê

 

10 percent of any class of voting securities of a publicly traded corporation registered with the commission, and who is required to report the acquisition pursuant to section 13(d)(1) , 13(g) or [section] 16(a) of the [federal] Securities Exchange Act of 1934, as amended (15 U.S.C. §§ 78m(d)(1) , 78m(g) and 78p(a) , respectively), must be found suitable by the commission.

       4.  A person who acquires beneficial ownership of any voting security in a publicly traded corporation created under the laws of a foreign country which is registered with the commission shall file such reports and is subject to such a finding of suitability as the commission may prescribe.

       5.  Any person required by the commission or by this section to be found suitable shall:

       (a) Apply for a finding of suitability within 30 days after the commission requested that he do so; and

       (b) Together with the application, deposit with the board a sum of money which, in the opinion of the board, will be adequate to pay the anticipated costs and charges incurred in the investigation and processing of the application, and deposit such additional sums as are required by the board to pay final costs and charges.

       6.  Any person required by the commission or this section to be found suitable who is found unsuitable by the commission shall not hold directly or indirectly the beneficial ownership of any voting security of a publicly traded corporation which is registered with the commission beyond that period of time prescribed by the commission.

       7.  The violation of subsection 5 or 6 is a gross misdemeanor.

      2.  Section 33 of chapter 654, Statutes of Nevada 1985, at page 2144, is hereby repealed.

      Sec. 50.  Section 3 of chapter 655, Statutes of Nevada 1985, at page 2146, is hereby amended to read as follows:

       Sec. 3.  NRS 463.0161 is hereby amended to read as follows:

       463.0161  “Gross revenue” means the total of all:

       1.  Cash received as winnings;

       2.  Cash received in payment for credit extended by a licensee to a patron for purposes of gaming; and

       3.  Compensation received for conducting any game in which the licensee is not party to a wager,

less the total of all cash paid out as losses to patrons [,] and those amounts paid to purchase annuities to fund losses paid to patrons over several years by independent financial institutions . [and any other items made deductible as losses by NRS 463.3715.]

      Sec. 51.  Section 29 of chapter 656, Statutes of Nevada 1985, at page 2159, is hereby amended to read as follows:

       Sec. 29.  NRS 677.340 is hereby amended to read as follows:

       677.340  1.  Except as provided in section 7.7 of [this act,] chapter 664, Statutes of Nevada 1985, no person doing business under the law of:


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ê1987 Statutes of Nevada, Page 271 (Chapter 123, AB 243)ê

 

       (a) Any other state; or

       (b) The United States if the principal office of the business is not located in Nevada,

relating to banks, savings and loan associations or persons licensed under chapter 675 of NRS is eligible to become a licensee under this chapter. This chapter does not apply to any business transacted by any such person under the authority of and as permitted by any such law.

       2.  Except as provided in subsection 3 [,] and in sections 7 to 24, inclusive, of this act, a subsidiary of a parent corporation:

       (a) One or more of whose other subsidiaries is engaged in any of the activities listed in subsection 1; or

       (b) Whose parent corporation is prohibited from obtaining a license under this chapter,

is not eligible to be licensed under this chapter.

       3.  Subsection 2 does not apply to a bank which is doing business under the law of the United States if its principal office is located in Nevada.

      Sec. 52.  1.  Sections 12 and 22 of chapter 658, Statutes of Nevada 1985, at pages 2167 and 2169, respectively, are hereby amended to read respectively as follows:

       Sec. 12.  NRS 171.195 is hereby amended to read as follows:

       171.195  1.  If a felony, gross misdemeanor or misdemeanor is committed in a secret manner, an indictment for the offense must be found, or an information or complaint filed, within the periods of limitation prescribed in NRS 171.085 and 171.090 after the discovery of the offense , [;] but if any indictment found, or an information or complaint filed, within the time thus prescribed is defective so that no judgment can be given thereon, another prosecution may be instituted for the same offense within 6 months after the first is abandoned.

       2.  An indictment may be found, or an information or complaint filed, for any offense constituting sexual abuse of a child, as defined in section 11 of chapter 455, Statutes of Nevada 1985, at any time until the victim of the sexual abuse is 18 years old if:

       (a) The child did not earlier report the offense to any person who had a duty pursuant to section 21 of chapter 455, Statutes of Nevada 1985, to report the abuse; and

       (b) No other report of the offense was made to an agency which provides protective services or to a law enforcement agency.

       Sec. 22.  NRS 481.053 is hereby amended to read as follows:

       481.053  1.  The director shall appoint the peace officers’ standards and training committee.

       2.  The committee consists of five members, one appointed from Clark County, one from Washoe County and three from any other counties. Members serve terms of 2 years from the date of appointment. Members serve without compensation but are entitled to the per diem allowance and travel expenses provided by law for state officers and employees generally.


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ê1987 Statutes of Nevada, Page 272 (Chapter 123, AB 243)ê

 

       3.  The committee shall:

       (a) Meet at the call of the director.

       (b) Provide for and encourage training and education of peace officers in order to improve the system of criminal justice.

       (c) Adopt regulations establishing minimum standards for recruitment, selection and training of peace officers.

       (d) Make necessary inquiries to determine whether agencies of the state and of local governments are complying with standards set forth in its regulations.

       4.  Regulations adopted by the committee:

       (a) Apply to all agencies of the state and of local governments which employ persons as peace officers; [and]

       (b) Must require that all peace officers receive training in the handling of cases involving abuse or neglect of children or missing children; and

       (c) May require that training be carried on at institutions which it approves in those regulations.

       5.  The director may adopt regulations necessary for the operation of the committee and the enforcement of laws administered by the committee.

      2.  Chapter 658, Statutes of Nevada 1985, at page 2165, is hereby amended by adding thereto a new section, to be designated as section 23, immediately following section 22, to read as follows:

       Sec. 23.  Sections 12 and 22 of this act become effective at 12:01 a.m. on July 1, 1985.

      Sec. 53.  Section 1 of chapter 662, Statutes of Nevada 1985, at page 2183, is hereby amended to read as follows:

       Section 1.  Chapter 614 of NRS is hereby amended by adding thereto a new section to read as follows:

       1.  During the pendency of a strike, work stoppage or other dispute, it is unlawful for any person:

       (a) To picket on private property without the written permission of the owner or pursuant to an order from a federal court or agency of competent jurisdiction, even if the private property is open to the public as invitees for business, except that an employee may enter or leave his employer’s property in the course of his employment or for the purpose of receiving payment for services performed;

       (b) To maintain any picket or picket line, individually or as part of a group, in front of or across entrances to or exits from any property, except that the following numbers of pickets may be maintained across entrances or exits if the pickets do not narrow or block the entrances or exits or delay, impede or interfere with the ability of persons or vehicles to enter or leave the property:

             (1) Two pickets at pedestrian entrances and exits;

             (2) Two pickets at driveway entrances and exits 20 feet or less in width; and


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ê1987 Statutes of Nevada, Page 273 (Chapter 123, AB 243)ê

 

             (3) Six pickets at driveway entrances and exits more than 20 feet in width;

       (c) Knowingly to threaten, molest, assault, or in any manner physically touch the person, clothing or vehicle of any person attempting to enter or leave any property, including employees, agents, contractors, representatives, guests, customers or others doing or attempting to do business with the owner or occupant;

       (d) Intentionally to operate a motor vehicle so as to delay, impede or interfere with the ability of persons or vehicles to enter or leave any property;

       (e) To use language or words threatening to do harm to a person or his property or designed to incite fear in any person attempting to enter or leave any property; or

       (f) Knowingly to spread, drop, throw or otherwise knowingly to disperse nails, tacks, staples, glass or other objects in the entrances to or exists from any property.

       2.  Any persons participating in a strike, work stoppage or other dispute may picket on the public sidewalks or other public areas between entrances and exits to any property if the pickets maintain a distance of 30 feet from each person or group of two persons to the next person or group and no more than two persons walk abreast.

       3.  Persons who picket any property may congregate in groups of 10 or fewer to confer with their captain at reasonable times or to obtain food and drink at reasonable times, but shall not so congregate within 30 feet of any entrance or exit.

       4.  Each county shall adopt by ordinance a procedure by which it may grant a variance from the provisions of paragraph (b) of subsection 1.

       5.  Any person who violates the prohibitions of this section or of a variance granted pursuant to subsection 4 is guilty of a misdemeanor. This section does not preclude civil action or additional criminal prosecution based upon acts which are prohibited by this section.

      Sec. 54.  Section 7 of chapter 664, Statutes of Nevada 1985, at page 2194, is hereby amended to read as follows:

       Sec. 7.  1.  An applicant for an authorization to engage in the business regulated pursuant to this chapter must obtain:

       (a) The insurance of deposits provided pursuant to the provisions of the Federal Deposit Insurance Act (12 U.S.C. §§ 1811 et seq.);

       (b) The insurance of deposits provided pursuant to the provisions of the National Housing Act (12 U.S.C. §§ 1701 to 1743, inclusive); or

       (c) A contract for the insurance of deposits which is issued by a private insurer approved by the administrator and the commissioner of insurance pursuant to section 7.3 of this act. Such a contract must be approved by the administrator and the commissioner. The issuance of such a contract of insurance is not transacting insurance for the purposes of Title 57 of NRS.


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ê1987 Statutes of Nevada, Page 274 (Chapter 123, AB 243)ê

 

       2.  An applicant must first attempt to obtain the insurance of deposits provided pursuant to the provisions of the Federal Deposit Insurance Act (12 U.S.C. §§ 1811 et seq.) or the National Housing Act (12 U.S.C. §§ 1701 to 1743, inclusive) before obtaining a contract of insurance. The administrator and the commissioner shall not approve a contract of insurance for such an applicant unless they are satisfied that the reasons why the applicant has not obtained insurance under those provisions do not indicate that the protection intended to be afforded to the depositors by this act will be substantially impaired.

       3.  The administrator and the commissioner shall not approve a contract of insurance unless the protection afforded thereby to the depositors is substantially equivalent to the protection afforded by the Federal Deposit Insurance Corporation to the depositors of the accounts that it insures.

      Sec. 55.  1.  Section 4 of chapter 665, Statutes of Nevada 1985, at page 2213, is hereby repealed.

      2.  Sections 5 to 8, inclusive, of chapter 665, Statutes of Nevada 1985, at page 2214, are hereby repealed.

      Sec. 56.  1.  Sections 29, 53 and 76 of chapter 667, Statutes of Nevada 1985, at pages 2226, 2236 and 2247, respectively, are hereby amended to read respectively as follows:

       Sec. 29.  NRS 630.060 is hereby amended to read as follows:

       630.060  1.  [Five] Six members of the board must be persons who are licensed to practice medicine in [the State of Nevada who have been engaged in the practice of medicine in the State of Nevada for a period of more than] this state, are actually engaged in the practice of medicine in this state and have resided and practiced medicine in this state for at least 5 years preceding their respective appointments . [and are actually engaged in the practice of medicine in the State of Nevada.]

       2.  The remaining members must be [residents of the State of Nevada] persons who have resided in this state for at least 5 years and who:

       (a) Are not licensed in any state to practice any healing art;

       (b) Are not actively engaged in the administration of any [medical facility or] facility for the dependent as defined in chapter 449 of NRS [;] , medical facility or medical school; and

       (c) Do not have a pecuniary interest in any matter pertaining to the healing arts, except as [patients or potential patients.] a patient or potential patient.

       3.  The members of the board must be selected without regard to their individual political beliefs.

       4.  [As used in this section, “healing art” means any system, treatment, operation, diagnosis, prescription or practice for the ascertainment, cure, relief, palliation, adjustment or correction of any human disease, ailment, deformity, injury, or unhealthy or abnormal physical or mental condition for the practice of which long periods of specialized education and training and a degree of specialized knowledge of an intellectual as well as physical nature are required.]


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ê1987 Statutes of Nevada, Page 275 (Chapter 123, AB 243)ê

 

physical or mental condition for the practice of which long periods of specialized education and training and a degree of specialized knowledge of an intellectual as well as physical nature are required.] The board shall conduct training programs to assist new members of the board in the performance of their duties.

       Sec. 53.  NRS 630.301 is hereby amended to read as follows:

       630.301  The [grounds for initiating disciplinary action under this chapter are:

       1.  Unprofessional conduct.

       2.] following acts, among others, constitute grounds for initiating disciplinary action:

       1.  Conviction of [:

       (a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance as defined in chapter 453 of NRS or dangerous drug as defined in chapter 454 of NRS;

       (b) A felony; or

       (c) Any offense involving moral turpitude.

       3.  Suspension or revocation] a felony, any offense involving moral turpitude or any offense relating to the practice of medicine or the ability to practice medicine. A plea of nolo contendere is a conviction for the purposes of this section.

       2.  Suspension, revocation, modification or limitation of the license to practice medicine by any other jurisdiction or the surrender of the license [in another jurisdiction as the result of an investigation or disciplinary action initiated in that jurisdiction.

       4.] or discontinuing the practice of medicine while under investigation by any licensing authority, a health care facility, a branch of the armed services of the United States, an insurance company, an agency of the Federal Government or an employer.

       3.  Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.

       [5.  Professional incompetence.]

       Sec. 76.  Section 1 of chapter 131, Statutes of Nevada 1985, is hereby amended to read as follows:

Section 1.  NRS 630.287 is hereby amended to read as follows:

      630.287  The board [may require physicians who are licensed under this chapter to comply with the requirements for continuing education adopted by the board as a prerequisite to biennial registration.] shall, as a prerequisite for the:

      1.  Renewal of a certificate as a physician’s assistant; or

      2.  Biennial registration of the holder of a license to practice medicine,

require each holder to comply with the requirements for continuing education adopted by the board.


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ê1987 Statutes of Nevada, Page 276 (Chapter 123, AB 243)ê

 

      2.  Chapter 667, Statutes of Nevada 1985, at page 2221, is hereby amended by adding thereto a new section to be designated as section 76.5, immediately following section 76, to read as follows:

       Sec. 76.5.  NRS 630.287 is hereby amended to read as follows:

       630.287  The board may require physicians who are licensed under this chapter to comply with [continuing education] the requirements for continuing education adopted by the board as a prerequisite to [annual] biennial registration.

      3.  Section 79 of chapter 667, Statutes of Nevada 1985, at page 2247, is hereby amended to read as follows:

       Sec. 79.  1.  This section and section 76 of this act become effective upon passage and approval.

       2.  Sections 26, 29 and subsection 2 of section 77 of this act become effective at 12:01 a.m. on July 1, 1985.

      Sec. 57.  Section 6 of chapter 668, Statutes of Nevada 1985, at page 2251, is hereby repealed.

      Sec. 58.  1.  Sections 97 and 99 of chapter 672, Statutes of Nevada 1985, at page 2276, are hereby amended to read respectively as follows:

       Sec. 97.  1.  The commission shall meet at the call of the chairman at least 6 times but not more than 12 times a year. A meeting may last for more than 1 day. A majority of the members of the commission constitutes a quorum and is required to transact any business of the commission.

       2.  Each member of the commission is entitled to receive a salary of $60 for each day he is engaged in the business of the commission and the per diem allowance and travel expenses as provided for state officers and employees.

       3.  A person is ineligible for appointment to or continued service on the commission if he or his spouse owns an interest in or is employed by any enterprise or organization, whether or not conducted for profit, which derives 25 percent or more of its gross revenues from the mental hygiene and mental retardation division.

       Sec. 99.  NRS 232.290 is hereby amended to read as follows:

       232.290  As used in NRS 232.290 to 232.460, inclusive, and sections 96 and 96 of this act, unless the context requires otherwise:

       1.  “Department” means the department of human resources.

       2.  “Director” means the director of the department.

      2.  Sections 101 and 108 of chapter 672, Statutes of Nevada 1985, at page 2277, are hereby amended to read respectively as follows:

       Sec. 101.  NRS 232.320 is hereby amended to read as follows:

       232.320  1.  The director:

       [1.] (a) Shall appoint, with the consent of the governor, chiefs of the divisions of the department, who are respectively designated as follows:

             [(a)] (1) The administrator of the aging services division;


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ê1987 Statutes of Nevada, Page 277 (Chapter 123, AB 243)ê

 

             [(b)] (2) The administrator of the division for review of health resources and costs;

             [(c)] (3) The administrator of the health division;

       [(d) The administrator of the mental hygiene and mental retardation division;

             (e)] (4) The administrator of the rehabilitation division;

             [(f)] (5) The state welfare administrator; and

             [(g)] (6) The administrator of the youth services division.

       [2.  Is responsible for the administration,]

       (b) Shall administer, through the divisions of the department, [of] the provisions of chapters 210, 422 to 427A, inclusive, 431 to 436, inclusive, 439 to 443, inclusive, 446, 447, 449, 450, 458 and 615 of NRS, NRS 444.003 to 444.430, inclusive, 445.015 to 445.038, inclusive, and all other provisions of law relating to the functions of the divisions of the department, but is not responsible for the clinical activities of the health division or the professional line activities of the other divisions.

       [3.] (c) Has such other powers and duties as are provided by law.

       2.  The governor shall appoint the administrator of the mental hygiene and mental retardation division.

       Sec. 108.  Sections 44, 99 and 101 of this act become effective at 12:01 a.m. on July 1, 1985.

      Sec. 59.  1.  Section 2 of chapter 674, Statutes of Nevada 1985, at page 2282, is hereby amended to read as follows:

       Sec. 2.  NRS 354.5988 is hereby amended to read as follows:

       354.5988  1.  If actual receipts from the supplemental city-county relief tax for any fiscal year exceed the estimate previously made by the executive director of the department of taxation, the excess receipts must be deposited in the reserve fund for the supplemental city-county relief tax which is hereby created in the state treasury. If the amount of the supplemental city-county relief tax otherwise distributable to a local government exceeds the combined amount allowable to it from the supplemental city-county relief tax and taxes ad valorem, the excess must be distributed to the other local governments in the county in the proportion that the maximum allowable revenue of each local government in that county bears to the total maximum allowable revenue of all local governments in that county excluding those governments whose share of the proceeds of the tax exceeded their maximum allowable revenue. If the proceeds of the tax exceed the maximum allowable revenue for all local governments within a county, the excess must be deposited in the reserve fund for the supplemental city-county relief tax. Money in this fund must not be used for any purpose other than distribution to local governments pursuant to this section. The interest earned upon the money in the fund must be added to the principal of the fund.


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ê1987 Statutes of Nevada, Page 278 (Chapter 123, AB 243)ê

 

       2.  The money in this fund must be used to increase the distribution to local governments when the actual receipts from the supplemental city-county relief tax are less than the estimates previously made by the director of the department of taxation. Whenever the sum of the money in the fund at the beginning of any fiscal year and any money which will accrue to the fund from revenues of the preceding fiscal year exceeds [$10,000,000,] $12,500,000, this excess must be distributed to local governments in the following fiscal year in the same proportion as current receipts are distributed for that fiscal year, except that the distribution to each local government must be so limited that it does not receive from this distribution, from distributions pursuant to NRS 377.057 and from taxes ad valorem a total amount greater than its maximum allowable combined revenue. This distribution must be included in the executive director’s estimate of money to be received by each local government from the supplemental city-county relief tax.

       3.  The interim finance committee may direct the state controller to make a special distribution from the fund if it determines that unforeseen or uncontrollable conditions, existing or imminent, substantially impair the financial capacity of a local government to provide the basic services for which it was created, but:

       (a) Until the balance in the fund reaches [$7,500,000] $10,000,000 no such distribution may be made; and

       (b) The next $2,500,000 transferred into the fund is available for distribution pursuant to this subsection.

In making such a determination, the committee shall consider the recommendation of the executive director of the department of taxation. The executive director and the committee shall consider, without limitation, the effect of a sudden and unusual decrease in population served, a decrease in total revenue of at least 5 percent, and natural disasters. The committee shall consider the general economic condition of the community and of the state and the effect of each proposal on the taxpayer, and make written findings of the facts supporting the distribution. The total amount which may be distributed pursuant to this subsection must not exceed 25 percent of the amount in the fund at the beginning of that fiscal year.

      2.  Chapter 674, Statutes of Nevada 1985, at page 2281, is hereby amended by adding thereto a new section to be designated as section 2.5, immediately following section 2, to read as follows:

       Sec. 2.5.  Section 1 of chapter 418, Statutes of Nevada 1985, at page 1181, is hereby amended to read as follows:

      Section 1.  NRS 354.5988 is hereby amended to read as follows:

      354.5988  1.  If actual receipts from the supplemental city-county relief tax for any fiscal year exceed the estimate previously made by the executive director of the department of taxation, the excess receipts must be deposited in the reserve fund for the supplemental city-county relief tax which is hereby created in the state treasury.


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ê1987 Statutes of Nevada, Page 279 (Chapter 123, AB 243)ê

 

taxation, the excess receipts must be deposited in the reserve fund for the supplemental city-county relief tax which is hereby created in the state treasury. [There must also be deposited in this fund any proceeds of that tax which become available when for any local government] If the amount of the supplemental city-county relief tax otherwise distributable to [it] a local government exceeds the combined amount allowable to it from the supplemental city-county relief tax and taxes ad valorem [.] , the excess must be distributed to the other local governments in the county in the proportion that the maximum allowable revenue of each local government in that county bears to the total maximum allowable revenue of all local governments in that county excluding those governments whose share of the proceeds of the tax exceeded their maximum allowable revenue. If the proceeds of the tax exceed the maximum allowable revenue for all local governments within a county, the excess must be deposited in the reserve fund for the supplemental city-county relief tax. Money in this fund must not be used for any purpose other than distribution to local governments pursuant to this section. The interest earned upon the money in the fund must be added to the principal of the fund.

      2.  The money in this fund must be used to increase the distribution to local governments when the actual receipts from the supplemental city-county relief tax are less than the estimates previously made by the director of the department of taxation. Whenever the sum of the money in the fund at the beginning of any fiscal year and any money which will accrue to the fund from revenues of the preceding fiscal year exceeds $10,000,000, this excess must be distributed to local governments in the following fiscal year in the same proportion as current receipts are distributed for that fiscal year, except that the distribution to each local government must be so limited that it does not receive from this distribution, from distributions pursuant to NRS 377.057 and from taxes ad valorem a total amount greater than its maximum allowable combined revenue. This distribution must be included in the executive director’s estimate of money to be received by each local government from the supplemental city-county relief tax.

      3.  The interim finance committee may direct the state controller to make a special distribution from the fund if it determines that unforeseen or uncontrollable conditions, existing or imminent, substantially impair the financial capacity of a local government to provide the basic services for which it was created, but:

      (a) Until the balance in the fund reaches $7,500,000 no such distribution may be made; and


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ê1987 Statutes of Nevada, Page 280 (Chapter 123, AB 243)ê

 

      (b) The next $2,500,000 transferred into the fund is available for distribution pursuant to this subsection.

In making such a determination, the committee shall consider the recommendation of the executive director of the department of taxation. The executive director and the committee shall consider, without limitation, the effect of a sudden and unusual decrease in population served, a decrease in total revenue of at least 5 percent, and natural disasters. The committee shall consider the general economic condition of the community and of the state and the effect of each proposal on the taxpayer, and make written findings of the facts supporting the distribution. The total amount which may be distributed pursuant to this subsection must not exceed 25 percent of the amount in the fund at the beginning of that fiscal year.

      3.  Section 3 of chapter 674, Statutes of Nevada 1985, at page 2283, is hereby amended to read as follows:

       Sec. 3.  1.  This section, and sections 1 and 2.5 of this act become effective upon passage and approval.

       2.  Section 2 of this act becomes effective on July 1, 1987.

      Sec. 60.  1.  Sections 3 and 13 of chapter 675, Statutes of Nevada 1985, at pages 2283 and 2287, respectively, are hereby amended to read respectively as follows:

       Sec. 3.  Domestic violence occurs when a person commits one of the following against or upon another to whom he is related by blood or marriage, with whom he is or was actually residing or with whom he has a child in common, or upon his minor child or a minor child of that person:

       1.  A battery.

       2.  An assault.

       3.  Compelling the other by force or threat of force to perform an act from which he has the right to refrain or to refrain from an act which he has the right to perform.

       4.  A sexual assault.

       5.  A knowing, purposeful or reckless course of conduct to harass the other.

       6.  A false imprisonment.

       7.  Unlawful entry of the other’s residence, or forcible entry against the other’s will if there is a reasonably foreseeable risk of harm to the other from the entry.

       Sec. 13.  NRS 4.370 is hereby amended to read as follows:

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

       (a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed $1,250.

       (b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed $1,250.


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ê1987 Statutes of Nevada, Page 281 (Chapter 123, AB 243)ê

 

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 $1,250.

       (c) Except as provided in paragraph (k) in actions for a fine, penalty or forfeiture not exceeding $1,250, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.

       (d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $1,250, though the penalty may exceed that sum.

       (e) In actions to recover the possession of personal property, if the value of the property does not exceed $1,250.

       (f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed $1,250.

       (g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists.

       (h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, if damages are sought and the damages claimed do not exceed $1,250.

       (i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed $1,250.

       (j) Of actions for the enforcement of mechanics’ liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $1,250.

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

       (l) To issue a temporary or extended order for protection against domestic violence.

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

       3.  Justices’ courts have jurisdiction of all misdemeanors and no other criminal offenses except as provided by specific statute.

       4.  Except as provided in subsections 5 and 6, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.

       5.  In the case of any arrest made by a member of the Nevada highway patrol, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.

       6.  Each justice’s court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.


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ê1987 Statutes of Nevada, Page 282 (Chapter 123, AB 243)ê

 

      2.  Chapter 675, Statutes of Nevada 1985, at page 2283, is hereby amended by adding thereto new sections to be designated as sections 14 and 15, immediately following section 13, to read respectively as follows:

       Sec. 14.  1.  Section 2 of chapter 534, Statutes of Nevada 1985, at page 1621, is hereby amended to read as follows:

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

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

      (a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed [$1,250.] $2,500.

      (b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed [$1,250.] $2,500.

      (c) Except as provided in paragraph (k) in actions for a fine, penalty or forfeiture not exceeding [$1,250,] $2,500, 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.

      (d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed [$1,250,] $2,500, though the penalty may exceed that sum.

      (e) In actions to recover the possession of personal property, if the value of the property does not exceed [$1,250.] $2,500.

      (f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed [$1,250.] $2,500.

      (g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists.

      (h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, if damages are sought and the damages claimed do not exceed [$1,250.] $2,500.

      (i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed [$1,250.] $2,500.

      (j) Of actions for the enforcement of mechanics’ liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed [$1,250.] $2,500.

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

      (l) To issue a temporary or extended order for protection against domestic violence.


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ê1987 Statutes of Nevada, Page 283 (Chapter 123, AB 243)ê

 

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

      3.  Justices’ courts have jurisdiction of all misdemeanors and no other criminal offenses except as provided by specific statute.

      4.  Except as provided in subsections 5 and 6, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.

      5.  In the case of any arrest made by a member of the Nevada highway patrol, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.

      6.  Each justice’s court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.

       2.  Chapter 534, Statutes of Nevada 1985, at page 1620, is hereby amended by adding thereto a new section to be designated as section 6, immediately following section 5, to read as follows:

      Sec. 6.  Section 2 of this act becomes effective at 12:02 a.m. on July 1, 1985.

       Sec. 15.  1.  This section and section 14 of this act become effective upon passage and approval.

       2.  Section 13 of this act becomes effective at 12:01 a.m. on July 1, 1985.

      Sec. 61.  Sections 1, 4, 5, 6 and 8 of chapter 678, Statutes of Nevada 1985, at pages 2291, 2293, 2294, 2295 and 2296, respectively, are hereby amended to read respectively as follows:

       Section 1.  Section 2 of chapter 413, Statutes of Nevada 1985, at page 1166, is hereby amended to read as follows:

      Sec. 2.  1.  As used in this section, “traffic violation” means conviction of a moving traffic violation in any municipal court, justice’s court or district court in this state. The term includes a finding by a juvenile court that a child has violated a traffic law or ordinance other than one governing standing or parking.

      2.  The department shall establish a uniform system of demerit points for various traffic violations occurring within this state affecting any holder of a driver’s license issued by the department. The system must be based on the accumulation of demerits during a period of 12 months.

      3.  The system must be uniform in its operation and the department shall set up a schedule of demerits for each traffic violation, except as provided in subsection 4, depending upon the gravity of the violation, on a scale of one demerit point for a minor violation of any traffic law to eight demerit points for an extremely serious violation of the law governing traffic violations.


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ê1987 Statutes of Nevada, Page 284 (Chapter 123, AB 243)ê

 

the gravity of the violation, on a scale of one demerit point for a minor violation of any traffic law to eight demerit points for an extremely serious violation of the law governing traffic violations. If a conviction of two or more traffic violations committed on a single occasion is obtained, points must be assessed for one offense, and if the point values differ, points must be assessed for the offense having the greater point value. Details of the violation must be submitted to the department by the court where the conviction is obtained. The department may provide for a graduated system of demerits within each category of violations according to the extent to which the traffic law was violated.

      4.  [A violation of the national maximum speed limit specified in 23 U.S.C. § 154] If the national maximum speed limit is set by the Federal Government at less than 70 miles per hour, a violation of that speed limit, but not exceeding 70 miles per hour must not be charged against a driver in the system of demerits established under this section if the violation does not violate any other speed limit imposed by or pursuant to chapter 484 of NRS.

      Sec. 4.  NRS 484.474 is hereby amended to read as follows:

      484.474  1.  Except as otherwise provided in subsection 5, any person who is transporting a child [:

      (a) Under] who is under 5 years of age and who weighs less than 40 pounds in [the front seat of] a motor vehicle registered in this state which is equipped to carry passengers shall secure him in a device for restraining a child which has been approved by the United States Department of Transportation.

      [(b) Under 3 years of age in the rear seat of a motor vehicle registered in this state shall secure him in such a restraining device.

      (c) Three or 4 years of age in the rear seat of a motor vehicle registered in this state shall secure him in such a restraining device or in a safety belt.]

      2.  Any person who violates the provisions of subsection 1 shall be punished by a fine of not less than $35 nor more than $100 unless, within 14 days after the issuance of the citation for such a violation, the person presents to the court specified in the citation proof of his purchase or rental of such a restraining device. Upon presentation of such proof, the court shall void the citation.

      3.  For the purposes of section 2 of [this act,] chapter 413, Statutes of Nevada 1985, a violation of this section is not a moving traffic violation.

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

      (a) Negligence in any civil action; or


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ê1987 Statutes of Nevada, Page 285 (Chapter 123, AB 243)ê

 

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

      5.  This section does not apply:

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

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

      [(c) To a person who is transporting a child if:

            (1) All seating positions in the motor vehicle which are equipped with safety belts are occupied by other passengers using the safety belts;

            (2) Preference for the use of the safety belts is given to children under 3 years of age; and

            (3) All unrestrained children under 5 years of age are in the rear seat of the motor vehicle.]

      Sec. 5.  NRS 484.641 is hereby amended to read as follows:

      484.641  1.  It is unlawful to drive a passenger car manufactured after :

      (a) January 1, 1968, on a highway unless it is equipped with at least two lap-type safety belt assemblies for use in the front [seat positions.

      2.  It is unlawful to drive a passenger care manufactured after] seating positions.

      (b) January 1, 1970, on a highway, unless it is equipped with a lap-type safety belt assembly for each permanent [passenger-seating position.] seating position for passengers. This requirement does not apply to the rear seats of vehicles operated by a police department or sheriff’s office.

      [3.  It is unlawful to drive a passenger car manufactured after]

      (c) January 1, 1970, unless it is equipped with at least two shoulder-harness-type safety belt assemblies for use in the front seating positions.

      2.  Any person driving and any passenger 5 years of age or older who rides in the front seat of any vehicle described in subsection 1, having an unladen weight of less than 6,000 pounds, on any highway, road or street in this state shall wear a safety belt if one is available for his seating position.

      3.  A citation must be issued to any driver or to any adult passenger who fails to wear a safety belt as required by subsection 2. If the passenger is a child 5 years of age or older but under 18 years, a citation must be issued to the driver for his failure to require that child to wear the safety belt, but if both the driver and that child are not wearing safety belts, only one citation may be issued to the driver for both violations.


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ê1987 Statutes of Nevada, Page 286 (Chapter 123, AB 243)ê

 

but under 18 years, a citation must be issued to the driver for his failure to require that child to wear the safety belt, but if both the driver and that child are not wearing safety belts, only one citation may be issued to the driver for both violations. A citation may be issued pursuant to this subsection only if the violation is discovered when the vehicle is halted or its driver arrested for another alleged violation or offense. Any person who violates the provisions of subsection 2 shall be punished by a fine of not more than $25 or by a sentence to perform a certain number of hours of work for the community. A violation of subsection 2 is not a moving traffic violation under NRS 483.470 and may not be considered as negligence in any civil action or as negligent or reckless driving under NRS 484.377.

      4.  The department shall exempt those types of motor vehicles or seating positions from the requirements of [this section] subsection 1 when compliance would be impractical.

      5.  The provisions of subsections 2 and 3 do not apply:

      (a) To a driver or passenger who possesses a written statement by a physician certifying that he is unable to wear a safety belt for medical or physical reasons;

      (b) If the vehicle is not required by federal law to be equipped with safety belts;

      (c) To an employee of the United States Postal Service while delivering mail in the rural areas of this state;

      (d) If the vehicle is stopping frequently, the speed of that vehicle does not exceed 15 miles per hour between stops and the driver or passenger is frequently leaving the vehicle or delivering property from the vehicle; or

      (e) To a passenger riding in a means of public transportation, including a taxi, school bus or emergency vehicle.

      6.  It is unlawful for any person to distribute, have for sale, offer for sale or sell any safety belt or shoulder harness assembly for use in a motor vehicle unless it meets current minimum standards and specifications of the United States Department of Transportation.

      Sec. 6.  NRS 176.059 is hereby amended to read as follows:

      176.059  1.  When a defendant pleads or is found guilty of a misdemeanor, including the violation of any municipal ordinance, except one regulating metered parking [,] or a violation of NRS 484.362, the justice or judge shall include in the sentence the sum of $10 as an administrative assessment and render a judgment against the defendant for the assessment.

      2.  The money collected for an administrative assessment must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine.


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ê1987 Statutes of Nevada, Page 287 (Chapter 123, AB 243)ê

 

fine. The money collected for an administrative assessment must be stated separately on the court’s docket and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are dropped, the money deposited with the court must be returned to the defendant.

      3.  The money collected for administrative assessments in municipal court must be paid by the clerk of the court to the city treasurer on or before the 5th day of each month for the preceding month. The city treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each $10 received:

      (a) Seven dollars to the state treasurer for credit to a special account in the state general fund.

      (b) One dollar to the county treasurer for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders.

      (c) Two dollars for credit to a special account in the municipal general fund for the use of the municipal courts.

      4.  The money collected for administrative assessments in justices’ courts must be paid by the clerk of the court to the county treasurer on or before the 5th day of each month for the preceding month. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each $10 received:

      (a) Seven dollars to the state treasurer for credit to a special account in the state general fund.

      (b) One dollar for credit to a special account in the county general fund for the use of the county’s juvenile court or for services for juvenile offenders.

      (c) Two dollars for credit to a special account in the county general fund for the use of the justices’ courts.

      5.  The money apportioned to a juvenile court or a municipal court pursuant to this section must be used, in addition to providing services to juvenile offenders in the juvenile court, to improve the operation of the court and to acquire a computer or the use of one.

      Sec. 8.  1.  Sections 1, 2 and 6 of this act become effective on July 1, 1986, but if, before that date, the Federal Government authorizes a maximum speed limit greater than 60 miles per hour, those sections become effective on the date that limit takes effect.

      2.  Section 3 of this act becomes effective on July 1, 1986, but if, before that date, the Federal Government authorizes a maximum speed limit greater than 60 miles per hour, that section becomes effective on the date that limit takes effect or at 12:01 a.m. on July 1, 1985, whichever is later.


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ê1987 Statutes of Nevada, Page 288 (Chapter 123, AB 243)ê

 

      3.  If the Federal Government withholds money from this state that it would have received but for the provisions of this act, sections 1, 2, 3 and 6 of this act expire by limitation on the date that the money is actually withheld.

      4.  If Nevada is authorized by the Federal Government to impose a maximum speed limit of or greater than 70 miles per hour, section 5 of this act becomes effective on the effective date of that authorization, but only if that authorization becomes effective on or before July 1, 1986. If that section takes effect, it expires by limitation on July 2, 1989.

      5.  This section and section 7 of this act become effective on July 1, 1985.

      6.  Section 4 of this act becomes effective at 12:01 a.m. on July 1, 1985.

      Sec. 62.  1.  Sections 7 and 14 of chapter 679, Statutes of Nevada 1985, at pages 2298 and 2302, respectively, are hereby amended to read respectively as follows:

       Sec. 7.  NRS 704.855 is hereby amended to read as follows:

       704.855  1.  “Public utility” or “utility” includes those public utilities [as] defined in NRS 704.020 and not excluded by NRS 704.030 and any oil pipeline carrier described and regulated under chapter 708 of NRS.

       2.  “Public utility” also includes any [plant or equipment within this state used directly or indirectly for the generation and transmission of electrical energy, except] corporation which:

       (a) Is a parent or an affiliated corporation of a public utility or a subsidiary of that parent or affiliated corporation; and

       (b) Owns, independently or in combination with any other public utility, a one-third interest in a utility facility.

       3.  “Public utility” does not include plants or equipment used to generate electrical energy that is wholly consumed on the premises of and by the producer thereof.

       Sec. 14.  Sections 5 and 7 of this act become effective at 12:01 a.m. on July 1, 1985.

      Sec. 63.  This act becomes effective upon passage and approval.

 

________


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ê1987 Statutes of Nevada, Page 289ê

 

CHAPTER 124, AB 462

Assembly Bill No. 462–Committee on Judiciary

CHAPTER 124

AN ACT relating to gaming; requiring the state gaming control board to include an explanation in the notice of a determination of deficiency when the reason for the deficiency is not apparent; and providing other matters properly relating thereto.

 

[Approved May 5, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 463.3881 is hereby amended to read as follows:

      463.3881  1.  The board shall give written notice of its determination pursuant to NRS 463.388 to the licensee or other person responsible for the payment of the license fee or tax.

      2.  The notice may be served by sending it by certified mail, addressed to the licensee or other person at the licensed location as it appears in the records of the commission.

      3.  Except in the case of fraud or intent to evade the payment of any fee or tax imposed by this chapter every notice of a determination of deficiency [determination] must be mailed within 5 years after the last day of the calendar month following the quarterly period in which the deficiency occurred or within 5 years after the report is filed by the licensee, whichever period expires later.

      4.  If, before the expiration of the time prescribed in this section for the mailing of a notice of [deficiency determination,] a determination of deficiency, the licensee has consented in writing to the mailing of the notice after [such] that time, the notice may be mailed at any time [prior to] before the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing before the expiration of the period previously agreed upon.

      5.  If the reasons for the deficiency are not apparent, the board shall include a brief explanation of those reasons in the notice of a determination of deficiency.

 

________


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

ê1987 Statutes of Nevada, Page 290ê

 

CHAPTER 125, SB 67

Senate Bill No. 67–Committee on Human Resources and Facilities

CHAPTER 125

AN ACT relating to the University of Nevada System; broadening the prohibition against discrimination in the admission of students; removing certain limitations on the authority of the board of regents to determine the standards for the admission of students; and providing other matters properly relating thereto.

 

[Approved May 6, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 396.530 is hereby amended to read as follows:

      396.530  [1.  There shall be no discrimination] The board of regents shall not discriminate in the admission of students on account of national origin, religion, age, physical handicap, sex, race or color.

      [2.  No person shall be admitted who is not of good moral character, and who has not arrived at the age of 15 years, and passed such an examination as shall be prescribed by the board of regents.

      3.  No person under the age of 15 years shall be taught in the university.]

 

________

 

 

CHAPTER 126, SB 160

Senate Bill No. 160–Committee on Government Affairs

CHAPTER 126

AN ACT relating to the University of Nevada System; allowing the board of regents to establish separate rules for certain employees; and providing other matters properly relating thereto.

 

[Approved May 6, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The board of regents may establish policies and procedures for personnel which govern student employees, physicians engaged in a program for residency training and postdoctoral fellows of the University of Nevada System and which are separate from the policies and procedures established for the unclassified personnel of the University of Nevada System. Any such policy or procedure does not diminish the eligibility of those persons for coverage as employees under the provisions of chapter 616 of NRS.

      2.  In establishing policies and procedures pursuant to subsection 1, the board of regents is not bound by any of the other provisions of this chapter or the provisions of Title 23 of NRS. Those provisions do not apply to a student employee, a physician engaged in a program for residency training or a postdoctoral fellow of the University of Nevada System unless otherwise provided by the board of regents.


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ê1987 Statutes of Nevada, Page 291 (Chapter 126, SB 160)ê

 

or a postdoctoral fellow of the University of Nevada System unless otherwise provided by the board of regents.

      Sec. 2.  NRS 396.290 is hereby amended to read as follows:

      396.290  [All] Except as otherwise provided pursuant to NRS 396.7953 and section 1 of this act, all employees of the University of Nevada System, including those persons who were receiving benefits under the provisions of chapter 204, Statutes of Nevada 1915, and chapter 99, Statutes of Nevada 1943, may elect to receive the benefits provided under the contract of integration entered into between the board of regents of the University of Nevada and the public employees’ retirement board on June 30, 1950, pursuant to the provisions of NRS 286.370 or may exercise an option to receive the benefits provided under NRS 286.802 to 286.816, inclusive.

      Sec. 3.  NRS 284.140 is hereby amended to read as follows:

      284.140  The unclassified service of the state consists of positions held by state officers or employees in the executive department of the state government as follows:

      1.  Persons chosen by election or appointment to fill an elective office.

      2.  Members of boards and commissions, and heads of departments, agencies and institutions required by law to be appointed.

      3.  At the discretion of the elective officer or head of each department, agency or institution, one deputy and one chief assistant in each department, agency or institution.

      4.  All employees in the office of the governor and all persons required by law to be appointed by the governor or heads of departments or agencies appointed by the governor or by boards.

      5.  All employees other than clerical in the office of the attorney general and the state public defender required by law to be appointed by the attorney general or the state public defender.

      6.  [Officers] Except as otherwise provided by the board of regents pursuant to section 1 of this act, officers and members of the teaching staff and the staffs of the agricultural extension department and experiment station [staffs] of the University of Nevada System, or any other state institution of learning, and student employees of these institutions . [; but custodial,] Custodial, clerical or maintenance employees of these institutions are in the classified service. The board of regents shall assist the director in carrying out the provisions of this chapter applicable to the University of Nevada System.

      7.  Officers and members of the Nevada National Guard.

      8.  Persons engaged in public work for the state but employed by contractors when the performance of the contract is authorized by the legislature or [other] another competent authority.

      9.  Patient and inmate help in state charitable, penal, mental and correctional institutions.

      10.  Part-time professional personnel who are paid for any form of medical, nursing or other professional service, and who are not engaged in the performance of administrative or substantially recurring duties.


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

ê1987 Statutes of Nevada, Page 292 (Chapter 126, SB 160)ê

 

      11.  All other officers and employees authorized by law to be employed in the unclassified service.

 

________

 

 

CHAPTER 127, SB 225

Senate Bill No. 225–Committee on Taxation

CHAPTER 127

AN ACT relating to property tax; removing unconstitutional tax on right to receive electric power from exempt real and personal property; changing the date the state board of equalization begins its annual session; and providing other matters properly relating thereto.

 

[Approved May 6, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 361.157 is hereby amended to read as follows:

      361.157  1.  When any real estate which for any reason is exempt from taxation is leased, loaned or otherwise made available to and used by a natural person, association, partnership or corporation in connection with a business conducted for profit, it is subject to taxation in the same amount and to the same extent as though the lessee or user were the owner of the real estate.

      2.  [When any real estate which is exempt from taxation by reason of its public ownership is used for the generation of electric power, the value of any right to receive electric power directly from the exempt real estate by a natural person, association, partnership or corporation or by a political subdivision of any other state is taxable as though the holder of that right were the owner of the real estate in the same proportion which his right bears to the total of all rights to receive electric power generated through the use of that real estate.

      3.] Subsection 1 does not apply to:

      (a) Property located upon or within the limits of a public airport, park, market, fairground or upon similar property which is available to the use of the general public;

      (b) Federal property for which payments are made in lieu of taxes in amounts equivalent to taxes which might otherwise be lawfully assessed;

      (c) Property of any state-supported educational institution;

      (d) Property leased or otherwise made available to and used by a natural person, private association, private corporation, municipal corporation, quasi-municipal corporation or a political subdivision under the provisions of the Taylor Grazing Act or by the United States Forest Service or the Bureau of Reclamation of the United States Department of the Interior;

      (e) Property of any Indian or of any Indian tribe, band or community which is held in trust by the United States or subject to a restriction against alienation by the United States;


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

ê1987 Statutes of Nevada, Page 293 (Chapter 127, SB 225)ê

 

      (f) Vending stand locations and facilities operated by blind persons under the auspices of the bureau of services to the blind of the rehabilitation division of the department of human resources, regardless of whether the property is owned by the federal, state or a local government; or

      (g) Leases held by a natural person, corporation, association, municipal corporation, quasi-municipal corporation or political subdivision for development of geothermal resources, but only for resources which have not been put into commercial production.

      [4.  Taxes shall]

      3.  Taxes must be assessed to lessees or users of exempt real estate and collected in the same manner as taxes assessed to owners of other real estate, except that taxes due under this section do not become a lien against the property. When due, [such] the taxes constitute a debt due from the lessee or user to the county for which the taxes were assessed and if unpaid are recoverable by the county in the proper court of the county.

      Sec. 2.  NRS 361.159 is hereby amended to read as follows:

      361.159  1.  Personal property exempt from taxation which is leased, loaned or otherwise made available to and used by a natural person, association or corporation in connection with a business conducted for profit is subject to taxation in the same amount and to the same extent as though the lessee or user were the owner of the property, except for personal property used in vending stands operated by blind persons under the auspices of the bureau of services to the blind of the rehabilitation division of the department of human resources.

      2.  [When any personal property which is exempt from taxation by reason of its public ownership is used for the generation of electric power, the value of any right to receive electric power directly from the exempt personal property by a natural person, association, partnership or corporation or by a political subdivision of any other state is taxable as though the holder of that right were the owner of the personal property in the same proportion which his right bears to the total of all rights to receive electric power generated through the use of that personal property.

      3.  Taxes shall] Taxes must be assessed to lessees or users of exempt personal property and collected in the same manner as taxes assessed to owners of other personal property, except that taxes due under this section do not become a lien against the personal property. When due, [such] the taxes constitute a debt due from the lessee or user to the county for which the taxes were assessed and if unpaid are recoverable by the county in the proper court of the county.

      Sec. 3.  NRS 361.380 is hereby amended to read as follows:

      361.380  1.  Except as otherwise provided in subsection 3, annually, the state board of equalization shall convene on the [1st] 3rd Monday in March in Carson City, Nevada, and shall hold such number of meetings as may be necessary to care for the business of equalization presented to it. The state board of equalization shall conclude the business of equalization on cases that in its opinion have a substantial effect on tax revenues on or before April 10.


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

ê1987 Statutes of Nevada, Page 294 (Chapter 127, SB 225)ê

 

April 10. Cases having less than a substantial effect on tax revenues may be heard at additional meetings which may be held at any time and place in the state [prior to] before October 1.

      2.  The publication in the statutes of the foregoing time, place and purpose of each regular session of the state board of equalization is notice of such sessions, or if it so elects, the state board of equalization may cause published notices of such regular sessions to be made in the press, or may notify parties in interest by letter or otherwise.

      3.  The state board of equalization may designate some place other than Carson City, Nevada, for any of the meetings specified in subsection 1. If such other place is so designated, notice thereof must be given by publication of a notice once a week for 2 consecutive weeks in some newspaper of general circulation in the county in which such meeting or meetings are to be held.

      Sec. 4.  NRS 361.395 is hereby amended to read as follows:

      361.395  1.  During the annual session of the state board of equalization beginning on the [1st] 3rd Monday in March of each year, the state board of equalization shall:

      (a) Equalize property valuations in the state.

      (b) Review the tax rolls of the various counties as corrected by the county boards of equalization thereof and raise or lower, equalizing and establishing the taxable value of the property, for the purpose of the valuations therein established by all the county assessors and county boards of equalization and the Nevada tax commission, of any class or piece of property in whole or in part in any county, including those classes of property enumerated in NRS 361.320.

      2.  If the state board of equalization proposes to increase the valuation of any property on the assessment roll, it shall give 10 days’ notice to interested persons by registered or certified mail or by personal service. The notice must state the time when and place where the person may appear and submit proof concerning the valuation of the property. A person waives the notice requirement if he personally appears before the board and is notified of the proposed increase in valuation.

 

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ê1987 Statutes of Nevada, Page 295ê

 

CHAPTER 128, SB 220

Senate Bill No. 220–Committee on Human Resources and Facilities

CHAPTER 128

AN ACT relating to public hospitals; making various changes relating to the operation of county hospitals; making permanent certain provisions authorizing the mortgage or sale of personal property and the purchase of real property by a county or district hospital; and providing other matters properly relating thereto.

 

[Approved May 6, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 450 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  The board of trustees of a county or district hospital, with the approval of the board of county commissioners if the board of county commissioners is not the board of hospital trustees, may, by resolution:

      1.  Mortgage or pledge the personal property of the hospital, including accounts receivable, and enter into agreements for the sale and leasing back to the hospital of its personal property in order to provide security for acquiring money for the operation of the hospital; and

      2.  Acquire real property for the expansion of the hospital by entering into a contract for purchase of a type and duration and on such terms as the governing body determines, including a contract secured by a mortgage or other security interest in the real property.

      Sec. 3.  The board of hospital trustees may contract for the use of a facility for intermediate care or a facility for skilled nursing for the treatment of patients who may safely be discharged to such a facility.

      Sec. 4.  NRS 450.010 is hereby amended to read as follows:

      450.010  For the purposes of NRS 450.010 to 450.510, inclusive, and sections 3 and 4 of this act, “taxpayers” shall be deemed to include only citizens of the United States of the age of 18 years and upward who, at the time of filing their petition, are registered electors of the county in which an election is proposed to be held and whose names appear on the latest assessment roll of the county as owners of real or personal property.

      Sec. 5.  NRS 450.191 is hereby amended to read as follows:

      450.191  1.  The governing body of a county hospital may contract with a [hospital management] company which manages hospitals for the rendering of management services in a county hospital under the ultimate authority of the governing body.

      2.  The agreement may provide that the [hospital] administrator of the hospital be an employee of the company which manages the hospital . [management company.]

      3.  The agreement may also provide that the hospital may, with the approval of the governing body of the hospital, purchase supplies, materials and equipment after complying with the requirements for competitive bidding of chapter 332 of NRS if the hospital finds that similar merchandise is available, at a reasonable savings below the lowest bid, through the purchasing contracts of the [hospital management company,] company which manages the hospital, or through another group purchasing arrangement among hospitals.


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ê1987 Statutes of Nevada, Page 296 (Chapter 128, SB 220)ê

 

purchasing contracts of the [hospital management company,] company which manages the hospital, or through another group purchasing arrangement among hospitals. [The] Except as otherwise provided in subsection 4, the prices available to the [hospital management] company which manages the hospital or to other [hospital] purchasing groups must be submitted at the time of the bid opening as other bids are made under chapter 332 of NRS. The documents pertaining to each proposed purchase or acquisition must be summarized in writing for presentation at the next regularly scheduled meeting of the governing body of the hospital. After reviewing the summary the governing body shall approve or disapprove the proposed purchase or acquisition.

      4.  If, after the process of competitive bidding pursuant to chapter 332 of NRS is completed, the company which manages the hospital offers to the hospital through its purchasing contracts a lower price for supplies, materials and equipment than the lowest price obtained by the hospital through competitive bidding or available to the hospital pursuant to NRS 333.470, the hospital, with the approval of its governing body, may purchase those supplies, materials and equipment through the purchasing contracts of the company which manages the hospital without further competitive bidding.

      Sec. 6.  NRS 450.230 is hereby amended to read as follows:

      450.230  [During the first week in February in each year, the] The board of hospital trustees shall file with the board of county commissioners a budget as required of all governmental agencies of this state by chapter 354 of NRS, and in the fiscal management of the affairs of the public hospital and all other institutions under the supervision, government and control of the board of hospital trustees, the board of hospital trustees [shall be] are governed by the provisions of chapter 354 of NRS.

      Sec. 7.  NRS 450.260 is hereby amended to read as follows:

      450.260  The board of hospital trustees [shall have power, by] may:

      1.  By proper legal action, [to] collect claims due [, owing and unpaid] to the public hospital . [from any person dealing with the same, and the board is authorized to pay]

      2.  Accept as settlement of a claim due an amount less than that of the claim.

      3.  Pay from the hospital fund all fees and expenses necessarily incurred by the board in connection with the collection of [such] claims.

      Sec. 8.  NRS 332.115 is hereby amended to read as follows:

      332.115  1.  Contracts which by their nature are not adapted to award by competitive bidding, including but not limited to:

      (a) Items which may only be contracted from a sole source;

      (b) Contracts for professional services;

      (c) Additions to and repairs and maintenance of equipment which may be more efficiently added to, repaired or maintained by a certain person;

      (d) Equipment which, by reason of the training of the personnel or of any inventory of replacement parts maintained by the local government is compatible with the existing equipment; [and]


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ê1987 Statutes of Nevada, Page 297 (Chapter 128, SB 220)ê

 

      (e) For any insurance [,] ; and

      (f) Purchases of perishable goods by a county or district hospital,

may not be subject to the [competitive bidding] requirements of this chapter for competitive bidding as determined by the governing body or its authorized representative.

      2.  Except in cases of emergency, at least 60 days [prior to] before the expiration date of any existing contract for insurance in which the local government is the insured the governing body shall cause to be given, by advertising, or in another manner deemed adequate and desirable by the governing body, notice of the expiration date of [such] the contract for insurance.

      3.  Nothing in this section prohibits a governing body or its authorized representative from advertising for or requesting bids.

 

________

 

 

CHAPTER 129, SB 219

Senate Bill No. 219–Committee on Government Affairs

CHAPTER 129

AN ACT relating to the Las Vegas Valley water district; expanding the boundaries of the district; and providing other matters properly relating thereto.

 

[Approved May 6, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 23 of chapter 167, Statutes of Nevada 1947, as added by chapter 130, Statutes of Nevada 1949, at page 216, and as last amended by chapter 646, Statutes of Nevada 1971, at page 1517, is hereby amended to read as follows:

       Sec. 23.  1.  The Las Vegas Valley water district is hereby declared to be a validly created and legally existing district under the provisions of chapter 167, Statutes of Nevada 1947, as amended, a governmental subdivision of the State of Nevada, a body corporate and politic, and a quasi-municipal corporation . [; and it] The district is hereby authorized to carry out all of the powers imposed on it by the provisions of chapter 167, Statutes of Nevada 1947, as it now exists or as it may hereafter be amended. The district is comprised of the following [lands:

       1.  Beginning at the NW corner of section 6, T. 19 S., R. 60 E.; thence running south 12 miles to the SW corner of section 31, T. 20 S., R. 60 E.; thence westerly along the 5th standard parallel S. to the NE corner of section 1, T. 21 S., R. 59 E.; thence south 9 miles to the SW corner of section 18, T. 22 S., R. 60 E.; thence east 18 miles to the SE corner of section 13, T. 22 S., R. 62 E.; thence south 1 mile to the SW corner of section 19, T. 22 S., R. 63 E.; thence east 2 miles to the SE corner of section 20, T.


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

ê1987 Statutes of Nevada, Page 298 (Chapter 129, SB 219)ê

 

the SE corner of section 20, T. 22 S., R. 63 E.; thence north 4 miles to the NE corner of section 5, T. 22 S., R. 63 E.; thence east 1 mile to the SE corner of section 33, T. 21 S., R. 63 E.; thence north 2 miles to the NE corner of section 28, T. 21 S., R. 63 E.; thence west 4 miles to the SE corner of section 23, T. 21 S., R. 62 E.; thence north 4 miles to the NE corner of section 2, T. 21 S., R. 62 E.; thence east along the fifth standard parallel south to the SE corner of section 35, T. 20 S., R. 62 E.; thence north 9 miles to the NE corner of section 23, T. 19 S., R. 62 E.; thence west 11 miles to the SE corner of section 13, T. 19 S., West R. 60 E.; thence north 3 miles to the NE corner of section 1, being also the NE corner of T. 19 S., R. 60 E.; thence 6 miles to the place of beginning, the NW corner of T. 19 S., R. 60 E. The above description includes all of T. 19 S., R. 60 E.; all of T. 20 S., R. 60 E.; all of T. 21 S., R. 60 E.; and all of the north one-half of T. 22 S., R. 60 E.; all of the south one-half of T. 19 S., R. 61 E.; all of T. 20 S., R. 61 E.; all of T. 21 S., R. 61 E., and sections 1-18, inclusive, T. 22 S., R. 61 E.; sections 19-23 and 26-35, inclusive, T. 19 S., R. 62 E.; sections 2-11, 14-23, and 26-35, inclusive, T. 20 S., R. 62 E.; section 2-11, 14-23 and 25-36, inclusive, T. 21 S., R. 62 E.; sections 1-18, inclusive, T. 22 S., R. 62 E.; sections 28-33, inclusive, of T. 21 S., R. 63 E.; sections 5-8 and 17-20, inclusive, of T. 22 S., R. 63 E.; M.D.B. & M.; and

       2.  All of T. 19 S., R. 59 E.; all of T. 20 S., R. 59 E.; all of T. 21 S., R. 59 E.; all of T. 22 S., R. 59 E.; sections 19-36, inclusive, T. 22 S., R. 60 E.; sections 19-36, inclusive, T. 22 S., R. 61 E.; sections 19-36, inclusive, T. 22 S., R. 62 E.; sections 3, 4, 9, 10, 15, 16, 21, 22, and 27-34, inclusive, T. 22 S., R. 63 E.; sections 6, 7 and 13-27 and 34-36, inclusive, T. 21 S., R. 63 E.; sections 1, 12, 13 and 24, T. 21 S., R. 62 E.; sections 1 and 12, T. 20 S., R. 62 E.; sections 4-9, 16-21, and 28-33, inclusive, T. 19 S., R. 63 E.; sections 1-18, inclusive, 24, 25 and 36, T. 19 S., R. 62 E.; sections 1-18, inclusive, T. 19 S., R. 61 E.; M.D.B. & M.; and

       3.  All of T. 17 S., R. 58 E., excepting sections 6 and 7; all of T. 16 S., R. 59 E., with the exception of section 6; all of T. 17 S., R. 59 E.; all of T. 18 S., R. 59 E.; and sections 13-15, 22-27 and 33-36, inclusive, T. 16 S., R. 58 E.; sections 10-16, 21-29 and 32-36, inclusive, T. 15 S., R. 59 E.; sections 1, 2, 12, 13, 24, 25 and 36, T. 18 S., R. 58 E.; sections 1 and 12, T. 19 S., R. 58 E.; sections 6, 7, 18, 19 and 29-32, inclusive, T. 17 S., R. 60 E.; sections 5-8 and 15-36, inclusive, T. 18 S., R. 60 E.; sections 27-36, inclusive, T. 18 S., R. 61 E.; sections 29-32, inclusive, T. 18 S., R. 62 E.; sections 10, 14, 15, 22 and 27, T. 19 S., R. 63 E.; section 35, T. 22 S., R. 63 E.; sections 2-9, inclusive, T. 23 S., R. 63 E.; sections 1, 6, 7, 12 and 18, T. 23 S., R. 62 E.; sections 1-5, 8-17, and 20-28, inclusive, T. 23 S., R. 61 E.; and sections 3-5, 8 and 9, inclusive, T. 23 S., R. 60 E.; M.D.B. & M.] area: Beginning at the NE corner of section 1, T.


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

ê1987 Statutes of Nevada, Page 299 (Chapter 129, SB 219)ê

 

T. 15 S., R. 59 E.; thence running west to the NW corner of section 6, T. 15 S., R. 59 E.; thence running south to the NE corner of section 1, T. 16 S., R. 58 E.; thence running westerly to the NW corner of section 4, T. 16. S., R. 57 E.; thence running north to the NE corner of section 1, T. 15 S., R. 56 E.; thence running west to the NW corner of section 6, T. 15 S., R. 56 E.; thence running south to the NE corner of section 1, T. 16 S., R. 55 1/2 E.; thence running west to the west boundary line of Clark County; thence running south along the west boundary line of Clark County to the intersection of the state line of California and Nevada; thence running southeasterly along the state line of California and Nevada to the intersection line of the south section line of section 36, T. 27 S., R. 59 E. and the California state line; thence running east along the south township line of T. 27 S., to the intersection of the state line of Nevada and Arizona; thence north along the state line of Nevada and Arizona to the intersection of the north township line of T. 22 S. and the state line of Nevada and Arizona; thence running west to the NW corner of section 1, T. 22 S., R. 63 1/2 E.; thence running north to the NE corner of section 1, T. 21 S., R. 63 E.; thence running west to the SE corner of section 36, T. 20 S., R. 62 E.; thence running north to the NE corner of section 1, T. 20 S., R. 62 E.; thence running east to the SE corner of section 36, T. 19 S., R. 63 E.; thence running north to the NE corner of section 1, T. 19 S., R. 63 E.; thence running west to the SE corner of section 36, T. 18 S., R. 62 E.; thence running north to the NE corner of section 1, T. 18 S., R. 62 E.; thence running west to the SE corner of section 36, T. 17 S., R. 60 E.; thence running north to the NE corner of section 1, T. 17 S., R. 60 E.; thence running west to the SE corner of section 36, T. 16 S., R. 59 E.; thence running north to the NE corner of section 1, T. 15 S., R. 59 E., to the point of beginning.

       2.  The area described in subsection 1 includes all of T. 15 S., R. 56 E., all of T. 15 S., R. 59 E.; that portion of T. 16 S., R. 54 E., within Clark County, Nevada; all of T. 16 S., R. 55 E.; all of T. 16 S., R. 55 1/2 E.; all of T. 16 S., R. 56 E.; all of T. 16 S., R. 57 E.; all of T. 16 S., R. 58 E.; all of T. 16 S., R. 59 E.; that portion of T. 17 S., R. 54 E., within Clark County, Nevada; all of T. 17 S., R. 55 E.; all of T. 17 S., R. 56 E.; all of T. 17 S., R. 57 E.; all of T. 17 S., R. 58 E.; all of T. 17 S., R. 59 E.; all of T. 17 S., R. 60 E.; that portion of T. 18 S., R. 54 E., within Clark County, Nevada; all of T. 18 S., R. 55 E.; all of T. 18 S., R. 56 E.; all of T. 18 S., R. 57 E.; all of T. 18 S., R. 58 E.; all of T. 18 S., R. 59 E.; all of T. 18 S., R. 60 E.; all of T. 18 S., R. 61 E.; all of T. 18 S., R. 62 E.; that portion of T. 19 S., R. 54 E., within Clark County, Nevada; all of T. 19 S., R. 55 E.; all of T. 19 S., R. 56 E.; all of T. 19 S., R. 57 E.; all of T. 19 S., R. 58 E.; all of T. 19 S., R. 59 E.; all of T. 19 S., R. 60 E.; all of T. 19 S., R. 61 E.; all of T. 19 S., R. 62 E.; all of T. 19 S., R. 63 E.; that portion of T. 20 S., R. 54 E., within Clark County, Nevada; all of T. 20 S., R. 55 E.; all of T. 20 S., R. 56 E.; all of T. 20 S., R. 57 E.;


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

ê1987 Statutes of Nevada, Page 300 (Chapter 129, SB 219)ê

 

all of T. 20 S., R. 58 E.; all of T. 20 S., R. 59 E.; all of T. 20 S., R. 60 E.; all of T. 20 S., R. 61 E.; all of T. 20 S., R. 62 E.; that portion of T. 21 S., R. 54 E., within Clark County, Nevada; all of T. 21 S., R. 55 E.; all of T. 21 S., R. 56 E.; all of T. 21 S., R. 57 E.; all of T. 21 S., R. 58 E.; all of T. 21 S., R. 59 E.; all of T. 21 S., R. 60 E.; all of T. 21 S., R. 61 E.; all of T. 21 S., R. 62 E.; all of T. 21 S., R. 63 E.; that portion of T. 22 S., R. 54 E., within Clark County, Nevada; all of T. 22 S., R. 55 E.; all of T. 22 S., R. 56 E.; all of T. 22 S., R. 57 E.; all of T. 22 S., R. 58 E.; all of T. 22 S., R. 59 E.; all of T. 22 S., R. 60 E.; all of T. 22 S., R. 61 E.; all of T. 22 S., R. 62 E.; all of T. 22 S., R. 63 E.; all of T. 22 S., R. 63 1/2 E.; all of T. 22 S., R. 64 E.; that portion of T. 22 S., R. 65 E., within Clark County, Nevada; that portion of T. 23 S., R. 54 E., within Clark County, Nevada; that portion of T. 23 S., R. 55 E., within Clark County, Nevada; all of T. 23 S., R. 56 E.; all of T. 23 S., R. 57 E.; all of T. 23 S., R. 58 E.; all of T. 23 S., R. 59 E.; all of T. 23 S., R. 60 E.; all of T. 23 S., R. 61 E.; all of T. 23 S., R. 62 E.; all of T. 23 S., R. 63 E.; all of T. 23 S., R. 63 1/2 E.; all of T. 23 S., R. 64 E.; that portion of T. 23 S., R. 65 E., within Clark County, Nevada; all of T. 23 1/2 S., R. 64 E.; that portion of T. 24 S., R. 55 E., within Clark County, Nevada; that portion of T. 24 S., R. 56 E., within Clark County, Nevada; all of T. 24 S., R. 57 E.; all of T. 24 S., R. 58 E.; all of T. 24 S., R. 59 E.; all of T. 24 S., R. 60 E.; all of T. 24 S., R. 61 E.; all of T. 24 S., R. 62 E.; all of T. 24 S., R. 63 E.; all of T. 24 S., R. 64 E.; that portion of T. 24 S., R. 65 E., within Clark County, Nevada; that portion of T. 24 S., R. 66 E., within Clark County, Nevada; that portion of T. 25 S., R. 56 E., within Clark County, Nevada; that portion of T. 25 S., R. 57 E., within Clark County, Nevada; all of T. 25 S., R. 58 E.; all of T. 25 S., R. 59 E.; all of T. 25 S., R. 60 E.; all of T. 25 S., R. 61 E.; all of T. 25 S., R. 62 E.; all of T. 25 S., R. 63 E.; all of T. 25 S., R. 64 E.; that portion of T. 25 S., R. 65 E., within Clark County, Nevada; that portion of T. 26 S., R. 57 E., within Clark County, Nevada; that portion of T. 26 S., R. 58 E., within Clark County, Nevada; all of T. 26 S., R. 59 E.; all of T. 26 S., R. 60 E.; all of T. 26 S., R. 61 E.; all of T. 26 S., R. 62 E.; all of T. 26 S., R. 63 E.; all of T. 26 S., R. 64 E.; that portion of T. 26 S., R. 65 E., within Clark County, Nevada; that portion of T. 27 S., R. 58 E., within Clark County, Nevada; that portion of T. 27 S., R. 59 E., within Clark County, Nevada; all of T. 27 S., R. 60 E.; all of T. 27 S., R. 61 E.; all of T. 27 S., R. 62 E.; all of T. 27 S., R. 63 E.; all of T. 27 S., R. 64 E.; all of T. 27 S., R. 65 E.; and that portion of T. 27 S., R. 66 E., within Clark County, Nevada.

       3.  All references to township and range in this section are to the Mount Diablo Base and Meridian.

 

________


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

ê1987 Statutes of Nevada, Page 301ê

 

CHAPTER 130, SB 423

Senate Bill No. 423–Committee on Finance

CHAPTER 130

AN ACT making a supplemental appropriation to the Department of Prisons to provide additional staffing and equipment for the Northern Nevada Correctional Center; and providing other matters properly relating thereto.

 

[Approved May 6, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the Department of Prisons the sum of $43,126 to provide additional staffing and equipment at the Northern Nevada Correctional Center. This appropriation is supplemental to that made by section 33 of chapter 525, Statutes of Nevada 1985, at page 1588.

      Sec. 2.  Any balance of the sum appropriated by section 1 of this act remaining at the end of this fiscal year must not be committed for expenditure after June 30, 1987, and reverts to the state general fund as soon as all payments of money committed have been made.

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

 

________

 

 

CHAPTER 131, SB 197

Senate Bill No. 197–Committee on Judiciary

CHAPTER 131

AN ACT relating to the sale of subdivided land; revising the provisions regarding the purchaser’s right to cancel the contract; and providing other matters properly relating thereto.

 

[Approved May 6, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 119.182 is hereby amended to read as follows:

      119.182  1.  The information submitted pursuant to NRS 119.140 must be given to and reviewed with each purchaser by the broker or salesman before the execution of any contract for the sale of any such property. The broker shall obtain from the purchaser a signed receipt for a copy of the information and, if a contract for disposition is entered into, the receipt and a copy of all contracts and agreements must be kept in the broker’s files within the State of Nevada for [a period of] 3 years or 1 year after final payment has been made on any contract for the sale of property, whichever is longer, and is subject to such inspection and audit as may be prescribed by regulations of the division.

      2.  [Any contract or agreement for the sale of any subdivision or any lot, parcel, unit or interest in any subdivision, not exempted under the provisions of NRS 119.120 or 119.122, where the information submitted pursuant to NRS 119.140 has not been given to and reviewed with the purchaser more than 3 days in advance of his signing the contract or agreement, may be revoked by the purchaser within 3 days after he signed or after receipt by him of the information, whichever is later, and the contract or agreement must so provide, except that the contract or agreement may stipulate that the right to revoke does not apply in the case of a purchaser who has received the information and inspected the subdivision in advance of signing the contract or agreement.


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

ê1987 Statutes of Nevada, Page 302 (Chapter 131, SB 197)ê

 

of NRS 119.120 or 119.122, where the information submitted pursuant to NRS 119.140 has not been given to and reviewed with the purchaser more than 3 days in advance of his signing the contract or agreement, may be revoked by the purchaser within 3 days after he signed or after receipt by him of the information, whichever is later, and the contract or agreement must so provide, except that the contract or agreement may stipulate that the right to revoke does not apply in the case of a purchaser who has received the information and inspected the subdivision in advance of signing the contract or agreement.

      3.  Any such revocation must be in writing in a form prescribed by the division and must be communicated to the broker within the time limited by this section for revocation and all money paid by the purchaser under the revoked contract or agreement must be returned to him immediately by the broker, without any deductions.] The purchaser of any subdivision or any lot, parcel, unit or interest in any subdivision, not exempted under the provisions of NRS 119.120 or 119.122 may cancel, by written notice, the contract of sale until midnight of the fifth calendar day following the date of execution of the contract, and the contract must so provide. The right of cancellation may not be waived. Any attempt by the developer to obtain such a waiver results in a contract which is voidable by the purchaser.

      3.  The notice of cancellation may be delivered personally to the developer or sent by certified mail or telegraph to the business address of the developer.

      4.  The developer shall, within 15 days after receipt of the notice of cancellation, return all payments made by the purchaser.

 

________

 

 

CHAPTER 132, AB 234

Assembly Bill No. 234–Committee on Judiciary

CHAPTER 132

AN ACT relating to witnesses; extending the period certain courts may adjourn a trial or hearing to allow a witness to testify concerning the presence of alcohol or a controlled substance within a person charged with a crime involving driving under the influence of intoxicating liquor or a controlled substance; and providing other matters properly relating thereto.

 

[Approved May 6, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 50.325 is hereby amended to read as follows:

      50.325  1.  Whenever a person is charged with an offense punishable under chapter 453 or 484 of NRS or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance as defined in chapter 453 of NRS, or a chemical, poison or organic solvent, and it is necessary to prove the existence of any alcohol or the existence or identity of a controlled substance, chemical, poison or organic solvent, the prosecuting attorney may request that the affidavit of an expert or other person described in NRS 50.315 be admitted in evidence at the trial or hearing concerning the offense.


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

ê1987 Statutes of Nevada, Page 303 (Chapter 132, AB 234)ê

 

the existence or identity of a controlled substance, chemical, poison or organic solvent, the prosecuting attorney may request that the affidavit of an expert or other person described in NRS 50.315 be admitted in evidence at the trial or hearing concerning the offense.

      2.  The request must be made at least 10 days before the date set for the trial or hearing and must be sent to the defendant’s counsel and to the defendant, by registered or certified mail by the prosecuting attorney.

      3.  If the defendant or his counsel notifies the prosecuting attorney by registered or certified mail at least 96 hours before the date set for the trial or hearing that the presence of the expert or other person is demanded, the affidavit must not be admitted. A defendant who demands the presence of the expert or other person and is convicted of violating NRS 484.379 or a provision of chapter 484 of NRS for which a driver’s license may be revoked shall pay the fees and expenses of that witness at the trial or hearing.

      4.  If at the trial or hearing the affidavit of an expert or other person has been admitted in evidence, and it appears to be in the interest of justice that the expert or other person be examined or cross-examined in person, the judge, justice of the peace or hearing officer may adjourn the trial or hearing for a period of not to exceed 3 judicial days for the purpose of receiving such testimony. Should 3 judicial days not be sufficient in a county whose population is less than 25,000 to provide the presence of the expert or other person to be examined or cross-examined, the judge, justice of the peace or hearing officer may extend the period of adjournment for a period not exceeding 10 days. The time within which a preliminary examination or trial is required is extended by the time of the adjournment.

 

________

 

 

CHAPTER 133, SB 271

Senate Bill No. 271–Committee on Judiciary

CHAPTER 133

AN ACT relating to children; enacting the Interstate Compact on Adoption and Medical Assistance; and providing other matters properly relating thereto.

 

[Approved May 6, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 127 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  The Interstate Compact on Adoption and Medical Assistance, set forth in section 3 of this act, is hereby enacted into law and entered into with all other jurisdictions substantially joining therein.

      Sec. 3.  The Interstate Compact on Adoption and Medical Assistance is as follows:


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

ê1987 Statutes of Nevada, Page 304 (Chapter 133, SB 271)ê

 

INTERSTATE COMPACT ON ADOPTION

AND MEDICAL ASSISTANCE

 

ARTICLE I. FINDINGS

 

The states which are parties to this compact find that:

      (a) In order to obtain adoptive families for children with special needs, states must assure prospective adoptive parents of substantial assistance (usually on a continuing basis) in meeting the high costs of supporting and providing for the special needs and the services required by such children.

      (b) The states have a fundamental interest in promoting adoption for children with special needs because the care, emotional stability, and general support and encouragement required by such children can be best, and often only, obtained in family homes with a normal parent-child relationship.

      (c) The states obtain fiscal advantages from providing adoption assistance because the alternative is for the states to bear the higher cost of meeting all the needs of children while in foster care.

      (d) The necessary assurances of adoption assistance for children with special needs, in those instances where children and adoptive parents live in states other than the one undertaking to provide the assistance, include the establishment and maintenance of suitable substantive guarantees and workable procedures for interstate cooperation and payments to assist with the necessary costs of child maintenance, the procurement of services, and the provision of medical assistance.

 

ARTICLE II. PURPOSES

 

The purposes of this compact are to:

      (a) Strengthen protections for the interests of children with special needs on behalf of whom adoption assistance is committed to be paid, when such children are in or move to states other than the one committed to provide adoption assistance.

      (b) Provide substantive assurances and operating procedures which will promote the delivery of medical and other services to children on an interstate basis through programs of adoption assistance established by the laws of the states which are parties to this compact.

 

ARTICLE III. DEFINITIONS

 

As used in this compact, unless the context clearly requires a different construction:

      (a) “Child with special needs” means a minor who has not yet attained the age at which the state normally discontinues children’s services, or a child who has not yet reached the age of 21 where the state determines that the child’s mental or physical handicaps warrant the continuation of assistance beyond the age of majority, for whom the state has determined the following:

 


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

ê1987 Statutes of Nevada, Page 305 (Chapter 133, SB 271)ê

 

assistance beyond the age of majority, for whom the state has determined the following:

             (1) That the child cannot or should not be returned to the home of his or her parents;

             (2) That there exists with respect to the child a specific factor or condition (such as his ethnic background, age, or membership in a minority or sibling group, or the presence of factors such as medical condition or physical, mental, or emotional handicaps) because of which it is reasonable to conclude that the child cannot be placed with adoptive parents without providing adoption assistance; or

             (3) That, except where it would be against the best interests of the child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in their care as a foster child, a reasonable but unsuccessful effort has been made to place the child with appropriate adoptive parents without providing adoption assistance.

      (b) “Adoption assistance” means the payment or payments for the maintenance of a child which are made or committed to be made pursuant to the program of adoption assistance established by the laws of a party state.

      (c) “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of the United States.

      (d) “Adoption assistance state” means the state that is signatory to an agreement of adoption assistance in a particular case.

      (e) “Residence state” means the state in which the child is a resident by virtue of the residence of the adoptive parents.

      (f) “Parents” means either the singular or plural of the word “parent.”

 

ARTICLE IV. ADOPTION ASSISTANCE

 

      (a) Each state shall determine the amounts of adoption assistance and other aid which it will give to children with special needs and their adoptive parents in accordance with its own laws and programs. The adoption assistance and other aid may be made subject to periodic reevaluation of eligibility by the adoption assistance state in accordance with its laws.

      (b) The adoption assistance, medical assistance, and other services and benefits to which this compact applies are those provided to children with special needs and their adoptive parents from the effective date of the agreement for adoption assistance.

      (c) Every case of adoption assistance must include a written agreement for adoption assistance between the adoptive parents and the appropriate agency of the state undertaking to provide the adoption assistance. Every such agreement must contain provisions for the fixing of actual or potential interstate aspects of the assistance so provided as follows:

             (1) An express commitment that the assistance so provided must be payable without regard for the state of residence of the adoptive parents, both at the outset of the agreement and at all times during its continuance;


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

ê1987 Statutes of Nevada, Page 306 (Chapter 133, SB 271)ê

 

             (2) A provision setting forth with particularity the types of care and services toward which the adoption assistance state will make payments;

             (3) A commitment to make medical assistance available to the child in accordance with Article V of this compact;

            (4) An express declaration that the agreement is for the benefit of the child, the adoptive parents and the state and that it is enforceable by any or all of them; and

             (5) The date or dates upon which each payment or other benefit provided thereunder is to commence, but in no event prior to the effective date of the agreement for adoption assistance.

      (d) Any services or benefits provided for a child by the residence state and the adoption assistance state may be facilitated by the party states on each other’s behalf. To this end, the personnel of the child welfare agencies of the party states will assist each other, as well as the beneficiaries of agreements for adoption assistance, in assuring prompt and full access to all benefits expressly included in such agreements. It is further recognized and agreed that, in general, all children to whom agreements for adoption assistance apply will be eligible for benefits under the child welfare, education, rehabilitation, mental health, and other programs of their state of residence on the same basis as other resident children.

      (e) Payments for adoption assistance on behalf of a child in another state shall be made on the same basis and in the same amounts as they would be made if the child were living in the state making the payments, except that the laws of the adoption assistance state may provide for the payment of higher amounts.

 

ARTICLE V. MEDICAL ASSISTANCE

 

      (a) Children for whom a party state is committed, in accordance with the terms of an agreement of adoption assistance to provide federally aided medical assistance under Title XIX of the Social Security Act, are eligible for such medical assistance during the entire period for which the agreement is in effect. Upon application therefor, the adoptive parents of a child who is the subject of an agreement of adoption assistance must receive a document of identification for medical assistance made out in the child’s name. The identification must be issued by the program of medical assistance of the residence state and must entitle the child to the same benefits, pursuant to the same procedures, as any other child who is covered by the program of medical assistance in that state, whether or not the adoptive parents are themselves eligible for medical assistance.

      (b) The document of identification must bear no indication that an agreement of adoption assistance with another state is the basis for its issuance. However, if the document of identification is issued pursuant to an agreement for adoption assistance, the records of the issuing state and the adoption assistance state must show the fact, and must contain a copy of the agreement for adoption assistance and any amendment or replacement thereof, as well as all other pertinent information. The adoption assistance and programs of medical assistance of the adoption assistance state shall be notified of the issuance of such identification.


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

ê1987 Statutes of Nevada, Page 307 (Chapter 133, SB 271)ê

 

and programs of medical assistance of the adoption assistance state shall be notified of the issuance of such identification.

      (c) A state which has issued a document of identification for medical assistance pursuant to this compact, which identification is valid and currently in force, shall accept, process and pay claims for medical assistance thereon as it would with other claims for medical assistance by eligible residents.

      (d) The federally aided medical assistance provided by a party state pursuant to this compact must be in accordance with paragraphs (a) through (c) of this Article. In addition, when a child who is covered by an agreement of adoption assistance is living in another party state, payment or reimbursement for any medical services and benefits specified under the terms of the agreement of adoption assistance, which are not available to the child under the Title XIX program of medical assistance of the residence state, must be made by the adoption assistance state as required by its law. Any payments so provided must be of the same kind and at the same rates as provided for children who are living in the adoption assistance state. However, where the payment rate authorized for a covered service under the program of medical assistance of the adoption assistance state exceeds the rate authorized by the residence state for that service, the adoption assistance state shall not be required to pay the additional amounts for the services or benefits covered by the residence state.

      (e) A child referred to in paragraph (a) of this Article, whose residence is changed from one party state to another party state is eligible for federally aided medical assistance under the program of medical assistance of the new state of residence.

 

ARTICLE VI. COMPACT ADMINISTRATION

 

      (a) In accordance with its own laws and procedures, each state which is a party to this compact shall designate an administrator of the compact and such deputy administrator of the compact as it deems necessary. The administrator of the compact shall coordinate all activities under this compact within his state. The administrator of the compact shall also be the principal contact for officials and agencies within and without the state for the facilitation of interstate relations involving this compact and the protection of benefits and services provided pursuant thereto. In this capacity, the administrator of the compact will be responsible for assisting the personnel of the child welfare agencies from other party states and adoptive families receiving adoption and medical assistance on an interstate basis.

      (b) Acting jointly, the administrators of the compact shall develop uniform forms and administrative procedures for the interstate monitoring and delivery of adoption and medical assistance benefits and services pursuant to this compact. The forms and procedures so developed may deal with such matters as:

             (1) Documentation of continuing eligibility for adoption assistance;


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

ê1987 Statutes of Nevada, Page 308 (Chapter 133, SB 271)ê

 

             (2) Interstate payments and reimbursements; and

             (3) Any and all other matters arising pursuant to this compact.

      (c) (1) Some or all of the parties to this compact may enter into supplementary agreements for the provision of or payment for additional medical benefits and services, as provided in Article V(d); for interstate service delivery, pursuant to Article IV(d); or for matters related thereto. Such agreements must not be inconsistent with this compact, nor may they relieve the party states of any obligation to provide adoption and medical assistance in accordance with applicable state and federal law and the terms of this compact.

             (2) Administrative procedures or forms implementing the supplementary agreements referred to in paragraph (c)(1) of this Article may be developed by joint action of the administrators of the compact of those states which are party to such supplementary agreements.

      (d) It shall be the responsibility of the administrator of the compact to ascertain whether and to what extent additional legislation may be necessary in his or her own state to carry out the provisions of this Article or Article IV or any supplementary agreements pursuant to this compact.

 

ARTICLE VII. JOINDER AND WITHDRAWAL

 

      (a) This compact must be open to joinder by any state. It must enter into force as to a state when its duly constituted and empowered authority has executed it.

      (b) In order that the provisions of this compact may be accessible to and known by the general public, and so that they may be implemented as law in each of the party states, the authority which has executed the compact in each party state shall cause the full text of the compact and a notice of its execution to be published in his state. The executing authority in any party state shall also provide copies of the compact upon request.

      (c) Withdrawal from this compact must be by written notice, sent by the authority which executed it, to the appropriate officials of all other party states, but no such notice may take effect until one year after it is given in accordance with the requirements of this paragraph.

      (d) All agreements for adoption assistance outstanding and to which a party state is a signatory at the time when its withdrawal from this compact takes effect continue to have the effects given to them pursuant to this compact until they expire or are terminated in accordance with their provisions. Until such expiration or termination, all beneficiaries of the agreements involved shall continue to have all rights and obligations conferred or imposed by this compact, and the withdrawing state shall continue to administer the compact to the extent necessary to accord and implement fully the rights and protections preserved hereby.


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

ê1987 Statutes of Nevada, Page 309 (Chapter 133, SB 271)ê

 

ARTICLE VIII. CONSTRUCTION AND SEVERABILITY

 

The provisions of this compact must be liberally construed to effectuate the purposes thereof. The provisions of this compact must be severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the Constitution of the United States or of any party state, or where the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance must not be affected thereby. If this compact is held contrary to the Constitution of any state party thereto, the compact may remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

      Sec. 4.  The administrator of the compact shall serve at the pleasure of the governor. The administrator shall cooperate with all departments, agencies and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by this state under the compact.

 

________

 

 

CHAPTER 134, SB 323

Senate Bill No. 323–Committee on Government Affairs

CHAPTER 134

AN ACT relating to procedure in criminal cases; enacting the California-Nevada Compact for Jurisdiction on Interstate Waters; and providing other matters properly relating thereto.

 

[Approved May 6, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 171 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  The California-Nevada Compact for Jurisdiction on Interstate Waters, set forth in full in section 3 of this act, is hereby enacted into law.

      Sec. 3.  The California-Nevada Compact for Jurisdiction on Interstate Waters is a follows:

 

ARTICLE I–Purpose and Policy

 

      1.  The legislature finds that law enforcement has been impaired in sections of Lake Tahoe and Topaz Lake forming an interstate boundary between California and Nevada because of difficulty in determining precisely where a criminal act was committed.


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

ê1987 Statutes of Nevada, Page 310 (Chapter 134, SB 323)ê

 

      2.  The legislature intends that a person committing an act which is illegal in both states not be freed merely because neither state could establish that a crime was committed within its boundaries.

      3.  The California-Nevada Compact for Jurisdiction on Interstate Waters is enacted to provide for enforcement of the laws of this state with regard to certain acts committed on Lake Tahoe or Topaz Lake, on either side of the boundary line between California and Nevada.

 

ARTICLE II–Definitions

 

      As used in this compact, unless the context otherwise requires, “party state” means a state which has enacted this compact.

 

ARTICLE III–Concurrent Jurisdiction

 

      1.  If conduct is prohibited by the party states, courts and law enforcement officers in either state who have jurisdiction over criminal offenses committed in a county where Lake Tahoe or Topaz Lake forms a common interstate boundary have concurrent jurisdiction to arrest, prosecute and try offenders for the prohibited conduct committed anywhere on the body of water forming a boundary between the two states.

      2.  This compact does not authorize:

      (a) Prosecution of any person for conduct which is lawful in the state where it was committed.

      (b) Any conduct prohibited by a party state.

 

ARTICLE IV–Ratification

 

      This compact is ratified by enactment of the language of this compact, or substantially similar language expressing the same purpose, by the State of California and the State of Nevada.

      Sec. 4.  The governor shall notify the appropriate officers of the State of California of the ratification by this state of the California-Nevada Compact for Jurisdiction on Interstate Waters.

 

________


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

ê1987 Statutes of Nevada, Page 311ê

 

CHAPTER 135, AB 57

Assembly Bill No. 57–Assemblymen Garner, Wisdom, Thompson, Craddock, Kissam, Gaston and McGaughey

CHAPTER 135

AN ACT relating to unemployment compensation; authorizing the employment security department to participate in the Job Training Partnership Act; repealing the authorization to participate in the Manpower Development and Training Act of 1962 and the Comprehensive Employment and Training Act of 1973; and providing other matters properly relating thereto.

 

[Approved May 8, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 612 of NRS is hereby amended by adding thereto a new section to read as follows:

      In order to continue to participate in programs under the Job Training Partnership Act (29 U.S.C. §§ 1501 et seq.), as that act exists on January 1, 1987, the employment security department is authorized to:

      1.  Administer training programs and pay training allowances as provided by the Job Training Partnership Act;

      2.  Execute on behalf of this state agreements or contracts with the appropriate federal agencies containing provisions necessary or desirable to enable this state to participate in such programs;

      3.  Expend all money made available for the purposes of such programs by this state, local subdivisions thereof or by the Federal Government;

      4.  Supervise the expenditure of that money and the operation of the programs by other public and private agencies in this state;

      5.  Make reports and certifications as required; and

      6.  Cooperate in any other manner with the Federal Government and its departments and agencies in the administration of such programs.

      Sec. 2.  NRS 612.753 and 612.754 are hereby repealed.

 

________


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

ê1987 Statutes of Nevada, Page 312ê

 

CHAPTER 136, AB 254

Assembly Bill No. 254–Assemblyman Wendell Williams

CHAPTER 136

AN ACT relating to occupational safety and health; authorizing certain orders, rules, regulations, findings and decisions of the division of occupational safety and health of the department of industrial relations to be admitted as evidence in certain prosecutions; and providing other matters properly relating thereto.

 

[Approved May 8, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 618.535 is hereby amended to read as follows:

      618.535  Every order of the division, general or special, and its rules , [and] regulations, findings and decisions, made and entered under the [safety] provisions of this chapter, are admissible as evidence in any prosecution for the violation of any of the provisions, and must, in every such prosecution, be presumed to be reasonable and lawful and to fix a reasonable and proper standard and requirement [of] for safety and health unless, before the institution of the prosecution , [of any violation or violations,] proceedings for a rehearing thereon or a review thereof have been instituted and not [then] finally determined.

 

________

 

 

CHAPTER 137, AB 235

Assembly Bill No. 235–Committee on Judiciary

CHAPTER 137

AN ACT relating to traffic laws; revising the penalty for operating a motor vehicle without insurance; and providing other matters properly relating thereto.

 

[Approved May 9, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 484.263 is hereby amended to read as follows:

      484.263  1.  Except as otherwise provided in subsection 5, a person shall not:

      (a) Operate a motor vehicle registered or required to be registered in this state without having security covering the vehicle as required by NRS 485.185.

      (b) Operate or knowingly permit the operation of a motor vehicle without having evidence of current insurance in the vehicle.

      (c) Fail or refuse to surrender, upon demand, to a peace officer or to an authorized representative of the department proof of security.


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

ê1987 Statutes of Nevada, Page 313 (Chapter 137, AB 235)ê

 

      2.  Except as otherwise provided in subsection 3, any person who violates subsection 1 [shall be fined not less than $300 nor more than $500.] is guilty of a misdemeanor and must be fined not less than $300.

      3.  A person may not be fined or imprisoned if he presents evidence to the court that the security required by NRS 485.185 was in effect at the time demand was made for it.

      4.  Failure to deposit security if so required by the provisions of NRS 485.190 is prima facie evidence of violation of the provisions of this section.

      5.  The provisions of paragraphs (b) and (c) of subsection 1 do not apply if the motor vehicle in question displays a valid permit issued by the department pursuant to NRS 482.3212, 482.396, 482.423 or 482.424 authorizing the movement or operation of that vehicle within the state for a limited time.

 

________

 

 

CHAPTER 138, AB 147

Assembly Bill No. 147–Committee on Transportation

CHAPTER 138

AN ACT relating to motor vehicles; prohibiting the misrepresentation of proof of financial responsibility; reducing the penalty for forgery of proof of financial responsibility; and providing other matters properly relating thereto.

 

[Approved May 9, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 485.350 is hereby amended to read as follows:

      485.350  Any person who [forges] :

      1.  Forges, materially alters or, without authority, signs any notice provided for under this chapter that a policy or bond is in effect, or any evidence of proof of financial responsibility [, or who files] ;

      2.  Files or offers for filing any such notice or evidence of proof knowing or having reason to believe that it is forged , altered or signed without authority [, shall be] ; or

      3.  Misrepresents the validity of any policy, bond or other evidence of proof of financial responsibility required under this chapter,

is guilty of a [gross] misdemeanor.

 

________


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

ê1987 Statutes of Nevada, Page 314ê

 

CHAPTER 139, AB 259

Assembly Bill No. 259–Assemblyman Jeffrey

CHAPTER 139

AN ACT relating to taxation; repealing the provision relating to the taxation of material fabricated by a contractor for use in construction; and providing other matters properly relating thereto.

 

[Approved May 9, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 374.262 is hereby repealed.

 

________

 

 

CHAPTER 140, AB 381

Assembly Bill No. 381–Committee on Commerce

CHAPTER 140

AN ACT relating to landlords; making air conditioning, if provided, an essential service which may not be willfully interrupted; and providing other matters properly relating thereto.

 

[Approved May 9, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 118A.380 is hereby amended to read as follows:

      118A.380  1.  If the landlord is required by the rental agreement or this chapter to supply heat, air conditioning, running water, hot water, electric, gas, or other essential service and he willfully or negligently fails to do so, causing the premises to become unfit for habitation, the tenant shall give written notice to the landlord specifying the breach. If the landlord does not adequately remedy the breach, or use his best efforts to remedy the breach within 48 hours, except a Saturday, Sunday or legal holiday, after it is received by the landlord, the tenant may, in addition to any other remedy:

      (a) Procure reasonable amounts of such essential services during the landlord’s noncompliance and deduct their actual and reasonable cost from the rent;

      (b) Recover actual damages, including damages based upon the lack of use of the premises or the diminution of the fair rental value of the dwelling unit; or

      (c) Procure other housing which is comparable during the landlord’s noncompliance, and the rent for the original premises fully abates during this period. The tenant may recover the actual and reasonable cost of that other housing which is in excess of the amount of rent which is abated.

      2.  If the tenant proceeds under this section, he may not proceed under NRS 118A.350 and 118A.360 as to that breach.


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

ê1987 Statutes of Nevada, Page 315 (Chapter 140, AB 381)ê

 

      3.  The rights of the tenant under this section do not arise until he has given written notice as required by subsection 1, except that the tenant may, without having given that notice, recover damages as authorized under paragraph (b) of subsection 1 if the landlord:

      (a) Admits to the court that he had knowledge of the lack of such essential services; or

      (b) Has received written notice of the uninhabitable condition caused by such a lack from a governmental agency authorized to inspect for violations of building, housing or health codes.

      4.  If such a condition was caused by the deliberate or negligent act or omission of the tenant, a member of his household or other person on the premises with his consent, the tenant has no rights under this section.

 

________

 

 

CHAPTER 141, SB 21

Senate Bill No. 21–Senators Rawson, Joerg, Malone, O’Connell, Redelsperger, Townsend, Vergiels, Wagner and Horn

CHAPTER 141

AN ACT relating to anatomical gifts; requiring hospitals to establish procedures to request a decedent’s family to donate all or part of the decedent’s body as an anatomical gift; and providing other matters properly relating thereto.

 

[Approved May 9, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 451 of NRS is hereby amended by adding thereto a new section to read as follows:

      Every hospital shall establish policies and procedures to identify potential donors. The policies and procedures must require the administrator of the hospital or his representative:

      1.  To determine whether a person is a donor.

      2.  If the person is not a donor, to determine if the person is a potential donor including the consideration of:

      (a) His religious and cultural beliefs; and

      (b) The suitability of his organs and tissues for donation.

      3.  At or near the time of death of a person identified as a potential donor, to request the person designated in subsection 2 of NRS 451.555, in the stated order of priority if persons in a prior class are not available, to consent to the gift of all or any part of the decedent’s body as an anatomical gift.

      4.  If he has actual knowledge of a contrary intent of the decedent or opposition by a person in the same class as or a prior class than a person who has consented to an anatomical gift, not to procure an anatomical gift.


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

ê1987 Statutes of Nevada, Page 316 (Chapter 141, SB 21)ê

 

      5.  If an anatomical gift is made, to notify an organization which procures organs and tissues and cooperate in the procurement of the anatomical gift.

      Sec. 2.  NRS 451.510 is hereby amended to read as follows:

      451.510  [Except where] Unless the context otherwise requires, as used in NRS 451.500 to 451.585, inclusive, and section 1 of this act, the words and terms defined [by] in NRS 451.515 to 451.550, inclusive, have the meanings ascribed to them in [such] those sections.

      Sec. 3.  NRS 451.580 is hereby amended to read as follows:

      451.580  1.  The donee may accept or reject the gift. If the donee accepts a gift of the entire body, he may, subject to the terms of the gift, authorize embalming and the use of the body in funeral services. If the gift is of a part of the body, the donee, upon the death of the donor and [prior to] before embalming, shall cause the part to be removed without unnecessary mutilation. After removal of the part, custody of the remainder of the body vests in the surviving spouse, next of kin, or other persons under obligation to dispose of the body.

      2.  The time of death [shall] must be determined by a physician who tends the donor at his death, or, if none, the physician who certifies the death. The physician shall not participate in the procedures for removing or transplanting a part.

      3.  A person who acts or fails to act in good faith in accord with the terms of NRS 451.500 to 451.585, inclusive, and section 1 of this act, or with [the anatomical gift] any other laws of the State of Nevada relating to anatomical gifts is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for his act.

      Sec. 4.  NRS 451.585 is hereby amended to read as follows:

      451.585  The provisions of NRS 451.500 to 451.585, inclusive, and section 1 of this act, are subject to the laws of this state prescribing powers and duties with respect to autopsies.

 

________

 

 

CHAPTER 142, SB 249

Senate Bill No. 249–Senator Jacobsen

CHAPTER 142

AN ACT relating to state purchasing; increasing the maximum amount of temporary transfers from the state general fund to the state purchasing fund; and providing other matters properly relating thereto.

 

[Approved May 9, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 333.125 is hereby amended to read as follows:

      333.125  Whenever claims payable and properly approved exceed the amount of the cash in the state purchasing fund, the state controller may transfer temporarily from the state general fund to the state purchasing fund such amount as may be required to pay the claims, but not to exceed the lessor of [:

 


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

ê1987 Statutes of Nevada, Page 317 (Chapter 142, SB 249)ê

 

transfer temporarily from the state general fund to the state purchasing fund such amount as may be required to pay the claims, but not to exceed the lessor of [:

      1.  The] the amount receivable from using agencies and political subdivisions as certified by the purchasing division [; or

      2.  $600,000.] or $850,000.

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

 

________

 

 

CHAPTER 143, AB 511

Assembly Bill No. 511–Committee on Ways and Means

CHAPTER 143

AN ACT relating to parole; increasing the number of members of the state board of parole commissioners; requiring the concurrence and ratification of a majority of the members of the board on certain decisions; and providing other matters properly relating thereto.

 

[Approved May 9, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 213.108 is hereby amended to read as follows:

      213.108  1.  The state board of parole commissioners is hereby created.

      2.  The board consists of [three] five members appointed by the governor.

      3.  A chairman of the board [shall] must be appointed by the governor. The chairman is the executive officer of the board and shall administer its activities and services and be responsible for its management except as provided in NRS 213.1085.

      4.  [A] Except as provided in subsection 5, a decision on any issue before the board, concurred in by two or more members, is the decision of the board.

      5.  Any decision on an issue involving a person:

      (a) Who committed a capital offense;

      (b) Who is serving a life sentence; or

      (c) Whose sentence has been commuted by the state board of pardons commissioners,

is the decision of the board if it is concurred in by two members and ratified by a third.

      Sec. 2.  As soon as practicable after July 1, 1987, the governor shall appoint to the state board of parole commissioners:

      1.  One member to a term which expires on June 30, 1991; and

      2.  One member to a term which expires on June 30, 1989.

 

________


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

ê1987 Statutes of Nevada, Page 318ê

 

CHAPTER 144, AB 285

Assembly Bill No. 285–Assemblymen Spriggs and Thompson

CHAPTER 144

AN ACT relating to mining; revising the provision governing the size of the map for the filing of certain claims; and providing other matters properly relating thereto.

 

[Approved May 9, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 517.040 is hereby amended to read as follows:

      517.040  1.  Within 90 days after posting the notice of location the locator of a lode mining claim shall prepare two copies of a map of the claim on a scale of not less than 500 feet to the inch, which sets forth the position of the monuments in relation to each other and establishes numbers of the boundary monuments. Where the land has been surveyed by the United States, the description must be connected by courses and distances to an official corner of the public land survey. Where the land has not been surveyed by the United States or where official corners cannot be found through the exercise of due diligence, the description must be tied by courses and distance to a natural landmark or a readily identifiable artificial landmark which is customarily shown on a map, including, without limitation, a bench mark or the point at which two roads intersect. The description must also state the township and range, and where the lands are surveyed lands, the quarter section and section in which the landmark and the mining claim are situated. The locator need not employ a professional surveyor or engineer, but each locator shall prepare a map which is in accordance with his abilities to map and properly set forth the boundaries and location of his claim. The size of each sheet must be [24 by 32 inches.] either 8 1/2 by 14 inches or 24 by 36 inches. Any 8 1/2- by 14-inch sheet must be capable of being photocopied. Any 24- by 36-inch sheet must be a mylar print or other material capable of being reproduced by standard means.

      2.  Within 90 days after the posting of the notice of location, the locator shall file both copies of the map with the county recorder in the county in which the claim is located together with a filing fee of $15 for each claim whose boundaries and location are set forth on the map.

      3.  Using the proceeds of these filing fees, the county:

      (a) Shall establish and maintain, in accordance with the regulations of the department of minerals, a map of the mining claims in the county that must accurately record the location of all mining claims filed after July 1, 1971;

      (b) Shall purchase and maintain the necessary equipment used in establishing, maintaining and duplicating the map; and

      (c) May use any remaining money for any purpose determined by the county recorder.

The map is a public record.


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

ê1987 Statutes of Nevada, Page 319 (Chapter 144, AB 285)ê

 

      4.  The county recorder shall not refuse to accept a map submitted by a locator unless he can affirmatively show that the map submitted does not accurately reflect the location of all the claims.

      5.  The county recorder shall send one copy of the locator’s map and one copy of the certificate of location to the county surveyor as soon as practicable after its receipt.

 

________

 

 

CHAPTER 145, AB 148

Assembly Bill No. 148–Committee on Transportation

CHAPTER 145

AN ACT relating to motor vehicles; requiring the surrender of license plates when registration is suspended for failure to maintain proof of financial responsibility; requiring a peace officer at the scene of an accident to request information concerning validity of registration; requiring the seizure of the registration and the license plates if the registration is determined to be suspended for certain reasons; and providing other matters properly relating thereto.

 

[Approved May 9, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A peace officer at the scene of an accident involving a motor vehicle shall, by radio, request that the information on file with the department be checked regarding the validity of the registration for each motor vehicle involved in the accident. If he is informed that the registration of a motor vehicle involved in the accident has been suspended pursuant to any provision of chapter 485 of NRS, he shall determine whether the license plates and certificate of registration for the motor vehicle have been surrendered as required by NRS 485.320. If the license plates and certificate have not been surrendered, the peace officer shall:

      (a) Issue a traffic citation in the manner provided in NRS 484.799 charging the registered owner with a violation of NRS 485.320 and 485.330; and

      (b) Without a warrant, seize and take possession of the motor vehicle and cause it to be towed and impounded until the owner claims it by:

             (1) Presenting proof that the vehicle’s registration has been reinstated by the department; and

             (2) Paying the cost of the towing and impoundment.

      2.  Neither the peace officer nor the governmental entity which employs him is civilly liable for any damage to the vehicle that occurs after the vehicle is seized, but before the towing process begins.

      Sec. 2.  NRS 485.320 is hereby amended to read as follows:

      485.320  1.  [Any person whose license or registration shall have been suspended as provided in this chapter, or whose policy of insurance or bond, when required under this chapter, shall have been canceled or terminated, or who shall neglect to furnish other proof upon request of the division, shall immediately return his license and registration to the division.


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

ê1987 Statutes of Nevada, Page 320 (Chapter 145, AB 148)ê

 

when required under this chapter, shall have been canceled or terminated, or who shall neglect to furnish other proof upon request of the division, shall immediately return his license and registration to the division.

      2.  If any person shall fail to return to the division the license or registration as provided herein,] If the license of any person is suspended as provided in this chapter, he shall immediately return the license to the division. If his registration is suspended, he shall immediately return the certificate of registration and the license plates to the division.

      2.  If any person fails to return any item as required by subsection 1, the division shall forthwith direct any peace officer to secure possession thereof and to return the [same] item to the division.

      Sec. 3.  NRS 485.340 is hereby amended to read as follows:

      485.340  Any person willfully failing to return a license [or] , certificate of registration or license plate as required in NRS 485.320 [shall be] is guilty of a misdemeanor.

 

________

 

 

CHAPTER 146, AB 145

Assembly Bill No. 145–Committee on Transportation

CHAPTER 146

AN ACT relating to motor vehicles; making various changes to the provision requiring the mandatory suspension of the registration upon the owner’s failure to submit a completed form for the verification of insurance coverage; and providing other matters properly relating thereto.

 

[Approved May 9, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 485.383 is hereby amended to read as follows:

      485.383  1.  The department shall annually select a sample of not less than 10 percent of all motor vehicles registered in this state, except motorcycles and motor homes, on which the security is a contract of insurance for a verification of motor vehicle insurance.

      2.  The department shall [send] mail a form for verification to the owner of each vehicle selected for verification of insurance. The owner shall complete the form with all the information which is requested by the department and return the completed form [and evidence of the insurance] within 15 days [.] after the date on which the form was mailed by the department.

      3.  When the department receives a completed form for verification it shall [send] mail the form to the named insurer.

      4.  Upon receive of a form for verification of insurance from the department, the insurer shall verify the information on the form and return it to the department only if the insurer [does] did not have a [current] contract of insurance covering the vehicle [.]


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

ê1987 Statutes of Nevada, Page 321 (Chapter 146, AB 145)ê

 

of insurance covering the vehicle [.] on the date the vehicle was selected pursuant to subsection 1.

      5.  The department shall suspend the registration of the vehicle and require the return to the department of the license plates of any vehicle for which a form for verification is not returned to the department by the owner within 15 days or for which the form for verification is returned by the insurer with a denial of coverage.

      6.  If an owner who did not return a completed form for verification within the specified period:

      (a) Proves to the satisfaction of the department that there was a justifiable cause for his failure to do so;

      (b) Submits a completed form regarding his insurance on the date the vehicle was selected pursuant to subsection 1; and

      (c) Presents evidence of current insurance,

the department shall rescind its suspension of the registration and mail the completed form to the named insurer. Upon receipt of the form from the department, the insurer shall verify the information on the form and return it to the department only if the insurer did not have a contract of insurance covering the vehicle on the date the vehicle was selected pursuant to subsection 1. If the form is returned by the insurer with a denial of such coverage, the department shall suspend the registration and require the return of the license plates.

      7.  Except as otherwise provided in subsection [10,] 11, the department shall reinstate the registration of a vehicle and reissue the license plates only upon filing by the owner of proof of financial responsibility for a period of 3 years.

      [7.] 8.  A denial of coverage, signed by an officer or agent of an insurer, is prima facie evidence of a false certification.

      [8.] 9.  If the department believes a person has violated the provisions of NRS 485.185, it shall notify the district attorney of the county in which the person resides.

      [9.] 10.  An insurer, its agents, the department and its employees who act pursuant to this section in good faith and without gross negligence are immune from civil liability for those acts.

      [10.] 11.  If an owner proves to the satisfaction of the department that his vehicle was not used in this state for a 30-day period, including the date on which the sample was taken, the department shall not require him to file proof of financial responsibility as a prerequisite to reinstating his registration and reissuing his license plates.

 

________


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

ê1987 Statutes of Nevada, Page 322ê

 

CHAPTER 147, AB 126

Assembly Bill No. 126–Committee on Government Affairs

CHAPTER 147

AN ACT relating to independent contractors; raising the threshold for approval of contracts by the state board of examiners; and providing other matters properly relating thereto.

 

[Approved May 9, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 284.173 is hereby amended to read as follows:

      284.173  1.  Elective officers and heads of departments, boards, commissions or institutions may contract for the services of persons as independent contractors.

      2.  An independent contractor is a natural person, firm or corporation who agrees to perform services for a fixed price according to his or its own methods and without subjection to the supervision or control of the other contracting party, except as to the results of the work, and not as to the means by which the services are accomplished.

      3.  For the purposes of this section:

      (a) Travel, subsistence and other personal expenses may be paid to an independent contractor, if provided for in the contract, in such amounts as provided for in the contract. Those expenses must not be paid under the provisions of NRS 281.160.

      (b) There must be no:

             (1) Withholding of income taxes by the state;

             (2) Industrial insurance coverage provided by the state;

             (3) Participation in group insurance plans which may be available to employees of the state;

             (4) Participation or contributions by either the independent contractor or the state to the public employees’ retirement system;

             (5) Accumulation of vacation leave or sick leave; or

             (6) Unemployment compensation coverage provided by the state if the requirements of NRS 612.085 for independent contractors are met.

      4.  An independent contractor is not in the classified or unclassified service of the state, and has none of the rights or privileges available to officers or employees of the State of Nevada.

      5.  Except as otherwise provided in this subsection, each contract for the services of an independent contractor must be in writing. The form of the contract must be first approved by the attorney general, and, except as provided in subsection 7, an executed copy of each contract must be filed with the fiscal analysis division of the legislative counsel bureau and the clerk of the state board of examiners. The state board of examiners may waive the requirements of this subsection in the case of contracts which are for [repair or maintenance whose amount is] amounts less than [$500.] $750.


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

ê1987 Statutes of Nevada, Page 323 (Chapter 147, AB 126)ê

 

      6.  Except as provided in subsection 7, and except contracts entered into by the University of Nevada, each proposed contract with an independent contractor must be submitted to the state board of examiners. The contracts do not become effective without the prior approval of the state board of examiners , but the state board of examiners may authorize its clerk to approve contracts [whose amount is] which are for amounts less than [$1,200 which are submitted to the board for its prior approval.] $2,000 or in contracts necessary to preserve life and property, for amounts less than $5,000. The state board of examiners shall adopt regulations to carry out the provisions of this section.

      7.  Copies of the following types of contracts need not be filed or approved as provided in subsections 5 and 6:

      (a) Contracts executed by the department of transportation for any work of construction or reconstruction of highways.

      (b) Contracts executed by the state public works board or any other state department or agency for any work of construction or major repairs of state buildings.

      (c) Contracts executed by the housing division of the department of commerce.

      (d) Contracts executed with business entities for any work of maintenance or repair of office machines and equipment.

 

________

 

 

CHAPTER 148, SB 295

Senate Bill No. 295–Committee on Judiciary

CHAPTER 148

AN ACT relating to gaming; authorizing the Nevada gaming commission and state gaming control board to require a finding of suitability or the licensing of a manufacturer or distributor of chips or other gaming tokens for use in Nevada; and providing other matters properly relating thereto.

 

[Approved May 9, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 463.162 is hereby amended to read as follows:

      463.162  1.  It is unlawful for any person to:

      (a) Lend, let, lease or otherwise deliver or furnish any equipment of any gambling game, including any slot machine, for any interest, percentage or share of the money or property played, under guise of any agreement whatever, without having first procured a state gaming license for it.

      (b) Lend, let, lease or otherwise deliver or furnish, except by a bona fide sale or capital lease, any slot machine under guise of any agreement whereby any consideration is paid or is payable for the right to possess or use that slot machine, whether the consideration is measured by a percentage of the revenue derived from the machine or by a fixed fee or otherwise, without having first procured a state gaming license for the slot machine.


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

ê1987 Statutes of Nevada, Page 324 (Chapter 148, SB 295)ê

 

of the revenue derived from the machine or by a fixed fee or otherwise, without having first procured a state gaming license for the slot machine.

      (c) Furnish services or property, real or personal, on the basis of a contract, lease or license , [basis,] pursuant to which that person receives payments based on earnings or profits or otherwise from any gambling game, including any slot machine, without having first procured a state gaming license.

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

      (a) Whose payments are a fixed sum determined in advance on a bona fide basis for the furnishing of services or property other than a slot machine.

      (b) Who furnishes services or property under a bona fide rental agreement or security agreement for gaming equipment.

      (c) Which is a wholly owned subsidiary of:

             (1) A corporation or limited partnership holding a state gaming license; or

             (2) A holding company or intermediary company, or publicly traded corporation, which has registered pursuant to NRS 463.585 or 463.635 and which has fully complied with the laws applicable to it as such.

      (d) Who is licensed as a distributor and who rents or leases any equipment of any gambling game including any slot machine, under a bona fide agreement where the payments are a fixed sum determined in advance and not determined as a percentage of the revenue derived from the equipment or slot machine.

Receipts or rentals or charges for real property, personal property or services do not lose their character as payments of a fixed sum or as bona fide because of provisions in a contract, lease or license [provisions] for adjustments in charges, rentals or fees on account of changes in taxes or assessments, escalations in the cost-of-living index , [escalations,] expansions or improvement of facilities, or changes in services supplied . [; and receipts of percentage] Receipts of rentals or [percentage] charges based on percentage between a corporate [or limited partnership] licensee or a licensee who is a limited partnership and the entities enumerated in paragraph (c) are permitted under this subsection.

      3.  The board may require any person exempted by the provisions of subsection 2 or paragraph (b) of subsection 1 to provide such information as it may require to perform its investigative duties.

      4.  The board and the commission may require a finding of suitability or the licensing of any person who:

      (a) Owns any interest in the premises of a licensed establishment or owns any interest in real property used by a licensed establishment whether he leases the property directly to the licensee or through an intermediary.

      (b) Repairs, rebuilds or modifies any gaming device.

      (c) Manufactures or distributes chips or gaming tokens for use in Nevada.

      5.  If the commission finds [the person to be unsuitable, it may require the termination of the arrangement.] a person described in subsection 4 unsuitable, a licensee shall not enter into any contract or agreement with that person without the prior approval of the commission.


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

ê1987 Statutes of Nevada, Page 325 (Chapter 148, SB 295)ê

 

that person without the prior approval of the commission. Any other agreement between the licensee and that person must be terminated upon receipt of notice of the action by the commission. Any agreement between a licensee and a person described in [paragraph (a) or (b) of this] subsection 4 shall be deemed to include a provision for its termination without liability on the part of the licensee upon a finding by the commission that the person is unsuitable. Failure expressly to include that condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement. If the application is not presented to the board within 30 days [following demand or the unsuitable association in not terminated,] after demand, the commission may pursue any remedy or combination of remedies provided in this chapter.

 

________

 

 

CHAPTER 149, AB 177

Assembly Bill No. 177–Committee on Government Affairs

CHAPTER 149

AN ACT relating to group insurance for public employees; granting additional powers to the committee on group insurance; declaring certain records to be public records; providing for the determination of contested claims; and providing other matters properly relating thereto.

 

[Approved May 9, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS Chapter 287 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  The committee on group insurance may:

      1.  Use its assets to pay the expenses of health care for its members and covered dependents, to pay its employees’ salaries and to pay administrative and other expenses.

      2.  Enter into contracts relating to the administration of a plan of insurance, including contracts with licensed administrators and qualified actuaries.

      3.  Enter into contracts with physicians, surgeons, hospitals, health maintenance organizations and rehabilitative facilities for medical, surgical and rehabilitative care and the evaluations, treatment and nursing care of members and covered dependents.

      4.  Enter into contracts for the services of other experts and specialists as required by a plan of insurance.

      5.  Charge and collect from an insurer, health maintenance organization, organization for dental care or nonprofit medical service corporation, a fee for the actual expenses incurred by the committee, the state or a participating public employer in administering a plan of insurance offered by that insurer, organization or corporation.


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

ê1987 Statutes of Nevada, Page 326 (Chapter 149, AB 177)ê

 

      Sec. 3.  Except for the files of individual members and former members, the correspondence, files, minutes and books of the plan are public records.

      Sec. 4.  1.  A participating public employer shall, on request, furnish to the committee on group insurance any information necessary to carry out the provisions of this chapter. Members of the committee and its employees or agents may examine under oath any officer, agent or employee of a participating public employer concerning the information.

      2.  The books, records and payrolls of a participating public employer must be available for inspection by members of the committee and its employees and agents to obtain any information necessary for the administration of the plan, including the accuracy of the payroll and identity of employees.

      Sec. 5.  The committee on group insurance shall by regulation provide for specific procedures for the determination of contested claims.

      Sec. 6.  NRS 287.042 is hereby amended to read as follows:

      287.042  1.  A majority of the members of the committee on group insurance constitutes a quorum for the transaction of business.

      2.  No member who is a public employee may receive any compensation for his services as a member of the committee. Any member who is employed in the service of the state must be granted leave from his duties to engage in the business of the committee without loss of his regular compensation. Such leave does not reduce the amount of the member’s annual leave.

      3.  A member of the committee who is not a public employee is entitled to receive $80 per day for his attendance at meetings of the committee.

      Sec. 7.  NRS 287.043 is hereby amended to read as follows:

      287.043  The committee on group insurance shall:

      1.  Act as an advisory body on matters relating to group life, accident or health insurance, or any combination thereof, for the benefit of all state officers and employees.

      2.  Except as provided in this subsection, negotiate and contract with the governing body of any public agency enumerated in NRS 287.010 which is desirous of obtaining group insurance for its officers and employees by participation in the state’s program of group insurance. If such an agency has 200 officers and employees or fewer, the rates and coverage must be the same as those established for state employees. If such an agency has more than 200 officers and employees, the committee may establish by regulation separate rates and coverage for those officers and employees based on actuarial reports.

      3.  Give public notice in writing of proposed changes in rates or coverage to each participating public employer who may be affected by the changes. Notice must be provided at least 30 days before the effective date of the changes.

      4.  Purchase policies of life, accident or health insurance, or any combination thereof, from any insurance company qualified to do business in this state or provide similar coverage through a plan of self-insurance for the benefit of all eligible public officers and employees who participate in the state’s program of group insurance.


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

ê1987 Statutes of Nevada, Page 327 (Chapter 149, AB 177)ê

 

benefit of all eligible public officers and employees who participate in the state’s program of group insurance.

      [4.] 5.  Consult the state risk manager and obtain his advice in the performance of the duties set forth in this section.

      [5.] 6.  Adopt such regulations and perform such other duties as may be necessary to carry out the provisions of NRS 287.041 to 287.049, inclusive, and sections 2 to 5, inclusive, of this act, including the establishment of:

      (a) Fees for applications for participation in the state’s program and for the late payment of premiums; and

      (b) Conditions for entry and reentry into the state’s program by public agencies enumerated in NRS 287.010.

      7.  Appoint an independent certified public accountant. The accountant shall provide an annual audit of the plan and report to the committee and the legislative commission.

      Sec. 8.  NRS 287.0433 is hereby amended to read as follows:

      287.0433  The committee on group insurance may establish a plan of life, accident or health insurance and provide for the payment of contributions into the self-insurance fund, a schedule of benefits and the disbursement of benefits from the fund. The committee may reinsure any risk or any part thereof. Payments into and disbursements from the fund must be so arranged as to keep the fund solvent.

      Sec. 9.  NRS 287.0437 is hereby amended to read as follows:

      287.0437  The committee on group insurance may employ professional, technical and clerical personnel as necessary to assist it in the operation of the plan of self-insurance. Their salaries and other costs must be paid out of the self-insurance fund. The committee shall prepare a budget for these costs [and submit the budget to the interim finance committee for its approval.] in the manner prescribed for state agencies.

      Sec. 10.  NRS 233B.039 is hereby amended to read as follows:

      233B.039  1.  The following agencies are entirely exempted from the requirements of this chapter:

      (a) The governor.

      (b) The department of prisons.

      (c) The University of Nevada System.

      (d) The department of the military.

      (e) The state gaming control board.

      (f) The Nevada gaming commission.

      (g) The state board of parole commissioners.

      (h) The welfare division of the department of human resources.

      (i) The state board of examiners acting pursuant to chapter 217 of NRS.

      2.  The department of education [is] and the committee on group insurance are subject to the provisions of this chapter for the purpose of regulation-making but not with respect to any contested case.

      3.  The Nevada state board of accountancy is not subject to the provisions of this chapter for the purpose of adopting rules of professional conduct for accountants and auditors.


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

ê1987 Statutes of Nevada, Page 328 (Chapter 149, AB 177)ê

 

      4.  The special provisions of:

      (a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the employment security department;

      (b) Chapters 616 and 617 of NRS for the determination of contested claims; and

      (c) Chapter 703 of NRS for the judicial review of decisions of the public service commission of Nevada,

prevail over the general provisions of this chapter.

      5.  The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the department of human resources in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.

      6.  The provisions of this chapter do not apply to any order for immediate action, including but not limited to quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control.

 

________

 

 

CHAPTER 150, AB 314

Assembly Bill No. 314–Committee on Taxation

CHAPTER 150

AN ACT relating to taxation; standardizing the provisions relating to the interest and penalty imposed for the delinquent payment of certain taxes; and providing other matters properly relating thereto.

 

[Approved May 9, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 360 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  Any person who fails to pay any tax provided for in chapter 365, 369, 370, 372, 373 or 374 of NRS to the state or a county within the time required, shall pay a penalty of not more than 10 percent of the amount of the tax which is owned, as determined by the department, in addition to the tax, plus interest at the rate of 1.5 percent per month, or fraction of a month, from the date on which the tax required to be collected under this Title became due until the date of payment.

      Sec. 3.  1.  The department may, for good cause shown, waive the payment of a penalty on any tax which is owed to the state or to a county by any person.

      2.  This section applies to all taxes imposed under this Title except for those imposed pursuant to chapter 364, 366, 371 or 375 of NRS.


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

ê1987 Statutes of Nevada, Page 329 (Chapter 150, AB 314)ê

 

      Sec. 4.  NRS 360.400 is hereby amended to read as follows:

      360.400  All determinations made by the department under the authority of NRS 360.300 to 360.410, inclusive, are due [and payable] at the time they become final, except that the department may grant an extension of up to 15 days for good cause if the taxpayer makes a written application to the Nevada tax commission [prior to the time such] before the time the determination becomes final. [A penalty of 5 percent of the amount of the determination, exclusive of interest, shall be added thereto if any determination is not paid when due. Interest shall accrue from the time when the determination becomes due and payable.]

      Sec. 5.  NRS 365.340 is hereby amended to read as follows:

      365.340  1.  If the amount of any excise tax for any month is not paid to the state on or before the 25th day of the next month , [thereafter as prescribed by this chapter,] it becomes delinquent at the close of business on that day . [, and a penalty of 1 percent of the excise tax must be added thereto for delinquency together with interest at the rate of 1 percent per month or fraction thereof until paid; but in no case may the penalty be less than $10 nor more than $300.

      2.  If the tax is not received on or before the close of business on the last day of the month in which payment is due, a penalty of 5 percent must be added thereto in addition to the penalty and interest provided for in subsection 1. The] A dealer or user may have up to 15 additional days to make the payment, if he makes application to the department and the department finds good cause for [such extension.

      3.] the extension.

      2.  The proceeds from any penalty [assessments so] levied for the delinquent payment of an excise tax must be allocated proportionately to the state highway fund, the county gas tax funds, the account for taxes on aviation fuel and the account for taxes on fuel for jet or turbine-powered aircraft by the department.

      Sec. 6.  NRS 369.370 is hereby amended to read as follows:

      369.370  1.  For the privilege of importing, possessing, storing or selling liquors, all licensed importers and manufacturers of liquor in this state shall pay the excise tax imposed and established by this chapter.

      2.  If, after [such] the tax is paid on any such liquor, satisfactory evidence is presented to the department that [such] the imports have been actually exported and sold outside this state in a manner not in conflict with the law of the place of sale, the department shall direct that a refund or credit of the tax so paid [shall] be made to the taxpayer. The taxpayer shall report all such exports and [report all such] imports, and pay the tax on [such] the imports monthly, on forms and subject to regulations prescribed by the department.

      3.  The excise tax imposed by this chapter is due [and payable] on or before the 20th day of the following month. If all such taxes are paid on or before the 15th day of the following month, a discount in the amount of 3 percent of the tax [shall] must be allowed to the taxpayer. [If such tax is not paid when due there shall be added thereto a penalty of 5 percent, together with interest thereon at the rate of 1 percent per month, or any fraction thereof, from the date due until paid.]


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

ê1987 Statutes of Nevada, Page 330 (Chapter 150, AB 314)ê

 

with interest thereon at the rate of 1 percent per month, or any fraction thereof, from the date due until paid.] The department may, for good cause, extend for not more than 15 days after the [due] date the tax is due the time for paying the tax if a request for such an extension of time is received by the department on or before the date the tax was due . [date.] If such an extension is granted, interest [shall accrue] accrues from the original date the tax was due . [date.]

      4.  The department shall allow refunds or credits on any shipments lost, stolen or damaged in transit, or damaged or spoiled on the premises, [and] may require all claims in connection therewith to be sworn to and may make ratable tax adjustments, credits or refunds [in the premises] to effectuate the purposes of this chapter.

      Sec. 7.  NRS 370.265 is hereby amended to read as follows:

      370.265  The amount of the excise tax due to the department by any licensed cigarette dealer for stamps purchased during any calendar month is due not later than the 10th day of the following calendar month. [Any dealer who fails to pay the excise tax due on or before the 10th day of the month shall pay a penalty of 5 percent of the tax in addition to the tax, with interest at the rate of 1 percent per month or fraction thereof from the date on which the tax becomes due until the date of payment.]

      Sec. 8.  NRS 372.410 is hereby amended to read as follows:

      372.410  1.  In making a determination the department may offset [overpayments for a period or periods,] an overpayment for a period, together with interest on the [overpayments, against underpayments] overpayment, against any underpayment for another period , [or periods, against penalties,] against any penalty, and against the interest on the [underpayments.] underpayment.

      2.  The interest on [underpayments and overpayments] any underpayment or overpayment must be computed in the manner set forth in NRS [372.505 and 372.660.] 372.660 and section 2 of this act.

      Sec. 9.  NRS 372.440 is hereby amended to read as follows:

      372.440  1.  In making a determination, the department may offset [overpayments for a period or periods,] an overpayment for a period, together with interest on the [overpayments, against underpayments] overpayment, against any underpayment for another period , [or periods, against penalties,] against any penalty, and against the interest on the [underpayments.] underpayment.

      2.  The interest on [underpayments and overpayments shall] any underpayment or overpayment must be computed in the manner set forth in NRS [372.505 and 372.660.] 372.660 and section 2 of this act.

      Sec. 10.  NRS 374.415 is hereby amended to read as follows:

      374.415  1.  In making a determination the department may offset [overpayments for a period or periods,] an overpayment for a period, together with interest on the [overpayments, against underpayments] overpayment, against any underpayment for another period , [or periods, against penalties,] against any penalty, and against the interest on the [underpayments.] underpayment.


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

ê1987 Statutes of Nevada, Page 331 (Chapter 150, AB 314)ê

 

      2.  The interest on [underpayments and overpayments shall] any underpayment and overpayment must be computed in the manner set forth in NRS [374.510 and 374.665.] 374.665 and section 2 of this act.

      Sec. 11.  NRS 374.445 is hereby amended to read as follows:

      374.445  1.  In making a determination, the department may offset [overpayments for a period or periods,] an overpayment for a period, together with interest on the [overpayments, against underpayments] overpayment, against any underpayment for another period , [or periods, against penalties,] against any penalty, and against the interest on the [underpayments.] underpayment.

      2.  The interest on [underpayments and overpayments shall] any underpayment and overpayment must be computed in the manner set forth in NRS [374.510 and 374.665.] 374.665 and section 2 of this act.

      Sec. 12.  NRS 360.310, 372.505 and 374.510 are hereby repealed.

 

________

 

 

CHAPTER 151, SB 150

Senate Bill No. 150–Committee on Finance

CHAPTER 151

AN ACT making an appropriation to the State Gaming Control Board for additional data processing equipment; and providing other matters properly relating thereto.

 

[Approved May 9, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the State Gaming Control Board the sum of $237,000 for the addition of disk storage main memory high performance terminal parts and a disk cache processor to enhance its electronic data processing system.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1989, and reverts to the state general fund as soon as all payments of money committed have been made.

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

 

________


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ê1987 Statutes of Nevada, Page 332ê

 

CHAPTER 152, AB 40

Assembly Bill No. 40–Committee on Elections

CHAPTER 152

AN ACT relating to elections; clarifying the application of Title 24 of NRS to city elections; requiring terms of certain city councilmen to be 4 years; and providing other matters properly relating thereto.

 

[Approved May 9, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.

      Sec. 2.  In any city election, if at 5 p.m. on the last day for filing an affidavit or declaration of candidacy, there is only one candidate for nomination for any office, that candidate must be declared elected and no election need be held for that office.

      Sec. 3.  1.  A primary city election must be held in each city of the first and second classes on the 1st Tuesday after the 1st Monday in May of every year in which a general city election is to be held, at which time there must be nominated candidates for offices to be voted for at the next general city election.

      2.  A candidate for any office to be voted for at the primary city election must file an affidavit of candidacy with the city clerk not less than 30 nor more than 40 days before the date of the primary election. The city clerk shall charge and collect from the candidate and the candidate shall pay to the city clerk, at the time of filing the affidavit of candidacy, a filing fee in an amount fixed by the city council by ordinance. All filing fees so collected by the city clerk must be deposited to the credit of the general fund of the city.

      3.  All candidates, except as provided in NRS 266.220, must be voted upon by the electors of the city at large.

      4.  If in the primary city election one candidate receives more than a majority of votes cast in that election for the office for which he is a candidate his name alone must be placed on the ballot for the general city election. If in the primary city election no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general city election.

      Sec. 4.  1.  A general city election must be held in each city of the first and second classes on the 1st Tuesday after the 1st Monday in June of the first odd-numbered year after incorporation, and on the same day every 2 years thereafter as determined by law, ordinance or resolution, at which time there must be elected the elective city officers, the offices of which are required next to be filled by election. All candidates, except as provided in NRS 266.220, at the general city election must be voted upon by the electors of the city at large.


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

ê1987 Statutes of Nevada, Page 333 (Chapter 152, AB 40)ê

 

      2.  The terms of office of city councilmen are 4 years, which terms must be staggered. The councilmen elected to office immediately after incorporation shall decide by lot among themselves which of their offices expire at the next general city election, and thereafter the terms of office must be 4 years.

      Sec. 5.  1.  A general city election must be held in each city of the third class on the 1st Tuesday after the 1st Monday in June of the first odd-numbered year after incorporation, and on the same day every 2 years thereafter as determined by ordinance.

      2.  There must be one mayor and three councilmen for each city of the third class. The terms of office of the mayor and the councilmen are 4 years, which terms must be staggered. The mayor and councilmen elected to office immediately after incorporation shall decide by lot among themselves which two of their offices expire at the next general city election, and thereafter the terms of office must be 4 years.

      3.  A candidate for any office to be voted for at the general city election must file an affidavit of candidacy with the city clerk not less than 30 nor more than 40 days before the day of the general city election. The city clerk shall charge and collect from the candidate and the candidate shall pay to the city clerk, at the time of filing the affidavit of candidacy, a filing fee in an amount fixed by the city council by ordinance.

      4.  Candidates for mayor must be voted upon by the electors of the city at large. Candidates for councilmen must be voted upon by the electors of their respective wards to represent the wards in which they reside, or by the electors of the city at large to represent the wards in which they reside, in accordance with the provisions of chapter 266 of NRS.

      Sec. 6.  The conduct of any city election must be under the control of the city council, and it shall by ordinance provide for the holding of the election, appoint the necessary officers thereof, and do all other things required to carry the election into effect.

      Sec. 7.  1.  Every person who resides within the boundaries of the city at the time of the holding of any city election, and whose name appears upon the official register of voters for the city, is entitled to vote at each special, primary and general city election, and for all officers to be voted for and on all questions submitted to the people at any such elections except as otherwise provided in chapter 266 of NRS.

      2.  The city council may provide for a supplemental registration.

      Sec. 8.  1.  The election returns from any special, primary or general city election must be filed with the city clerk, who shall immediately place the returns in a safe or vault, and no person may handle, inspect or in any manner interfere with the returns until canvassed by the mayor and city council.

      2.  The mayor and city council shall meet within 10 days after any election and canvass the returns and declare the result. The election returns must then be sealed and kept by the city clerk for 6 months and no person may have access thereto except on order of a court of competent jurisdiction or by order of the city council.


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

ê1987 Statutes of Nevada, Page 334 (Chapter 152, AB 40)ê

 

      3.  The city clerk, under his hand and official seal, shall issue to each person elected a certificate of election. The officers so elected qualify and enter upon the discharge of their respective duties on the first regular meeting of the city council next succeeding that in which the canvass of returns was made as provided in subsection 2.

      Sec. 9.  A general election must be held throughout the state on the 1st Tuesday after the 1st Monday of November in each even-numbered year.

      Sec. 10.  (Deleted by amendment.)

      Sec. 11.  “General city election” means an election held pursuant to section 4 or 5 of this act. The term includes a general municipal election held pursuant to the provisions of a special charter of an incorporated city.

      Sec. 12.  “Primary city election” means an election held pursuant to section 3 of this act. The term includes a primary municipal election held pursuant to the provisions of a special charter of an incorporated city.

      Sec. 13.  NRS 293.010 is hereby amended to read as follows:

      293.010  As used in this Title, unless the context otherwise requires, the words and terms defined in NRS 293.013 to 293.121, inclusive, and sections 11 and 12 of this act, have the meanings ascribed to them in those sections.

      Sec. 14.  NRS 293.032 is hereby amended to read as follows:

      293.032  “Canvass” means a review of the election results by the board of county commissioners or the mayor and city council or the justices of the supreme court, by which any errors within the election results are officially noted and the official election results are declared.

      Sec. 15.  NRS 293.034 is hereby amended to read as follows:

      293.034  “Certificate of election” means a certificate prepared by the county or city clerk or governor, as the case may be, for the person having the highest number of votes for any district, county, township, city, state or statewide office as official recognition of [such] the person’s election to office.

      Sec. 16.  NRS 293.057 is hereby amended to read as follows:

      293.057  “Filing officer” means the secretary of state, county or city clerk [and] or any other officer authorized by law to receive designations and declarations of candidacy, certificates and acceptances of nomination or any other nomination papers.

      Sec. 17.  NRS 293.060 is hereby amended to read as follows:

      293.060  “General election” means the election held [throughout the state on the 1st Tuesday after the 1st Monday of November in each even-numbered year.] pursuant to section 9 of this act.

      Sec. 18.  (Deleted by amendment.)

      Sec. 19.  NRS 293.080 is hereby amended to read as follows:

      293.080  “Primary election” means the election [at which candidates are nominated for the general election in the same year.] held pursuant to NRS 293.175.

      Sec. 20.  NRS 293.097 is hereby amended to read as follows:

      293.097  “Sample ballot” means a document distributed by [the] a county or city clerk upon which is printed a facsimile of a ballot.


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

ê1987 Statutes of Nevada, Page 335 (Chapter 152, AB 40)ê

 

      Sec. 21.  NRS 293.150 is hereby amended to read as follows:

      293.150  1.  The delegates elected to the state convention of each political party by the several county conventions of [such] that party shall convene on such respective dates as the state central committees of the parties [shall] designate, or if an earlier date is not designated then on the 2nd Tuesday in May in each year in which the general [state] election is to be held, at the state capital, or at such other place in the state as the state central committee of [such party shall designate.] that party designates. The delegates shall there organize, adopt a state party platform, and elect a state central committee for [such] that party for the ensuing term and the chairman thereof.

      2.  The state central committee of the parties may convene additional state conventions of their respective parties at such times and places as they [shall] designate during the period between the state conventions, as provided in subsection 1, and the next ensuing precinct meetings, as provided in NRS 293.135. The delegate composition at [such conventions shall] those conventions must be the same as that certified pursuant to subsection 3 of NRS 293.140.

      Sec. 22.  NRS 293.218 is hereby amended to read as follows:

      293.218  The county or city clerk may provide by rule or regulation for the:

      1.  Recommendation, by the persons selected as chairmen of election boards, of suitable persons to serve as members of election boards; and

      2.  Recommendation by the chairmen of suitable persons to serve in the case of vacancies.

      Sec. 23.  NRS 293.220 is hereby amended to read as follows:

      293.220  Upon the selection of persons to act as election board officers in the county [,] or city the county or city clerk shall deliver, by mail or other means, notifications of [such] the appointments to [such] those persons.

      Sec. 24.  NRS 293.223 is hereby amended to read as follows:

      293.223  If any person appointed to serve as an election board officer is unwilling to serve as appointed, he shall notify the county or city clerk within 5 days after receipt of [such] the notification that he is unwilling to serve, whereupon the county or city clerk shall appoint some other registered voter to serve at [such] the election.

      Sec. 25.  NRS 293.225 is hereby amended to read as follows:

      293.225  1.  Members of election boards continue as such from the day before the day of the election, until the time for filing contests of the election has expired.

      2.  Each member of an election board is subject to call by the board of county commissioners or city council to correct any errors discovered during the canvass of votes by the board of county commissioners [.] or city council.

      3.  Reserve election board officers must be appointed by the county or city clerk, if practicable, [for the purpose of filling] to fill any vacancy which occurs on the day of the election, and the reserve officers must be compensated if they serve at the polls.


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

ê1987 Statutes of Nevada, Page 336 (Chapter 152, AB 40)ê

 

      4.  If a vacancy occurs in any election board on the day of the election and no reserves are available, the election board may appoint, at the polling place, any registered voter who is willing to serve and satisfies the election board that he possesses the qualifications required to perform the services required.

      Sec. 26.  NRS 293.227 is hereby amended to read as follows:

      293.227  1.  Each election board consists of at least three members, one of whom [shall] must be designated chairman by the county or city clerk. [Such] The boards shall make the records of election required by this chapter.

      2.  The county or city clerk shall conduct or cause to be conducted, at least 5 days [prior to] before the date of the election for which the boards are appointed, a school [for the chairmen for the purpose of acquainting such] to acquaint the chairmen with the election laws, duties of election boards, [the] regulations of the secretary of state and with the procedure for making the records of election and using the register for election boards. If the person appointed chairman is unable for any reason to attend [such] the school, he shall appoint some other members of his election board to attend [such] the school in his stead.

      3.  The board of county commissioners of any county or the city council of any city may reimburse the chairmen or their designates who attend [such] the school for their travel expenses at a rate not exceeding 10 cents per mile.

      4.  Each chairman shall instruct his board before election day.

      Sec. 27.  NRS 293.230 is hereby amended to read as follows:

      293.230  1.  In precincts or districts where there are less than 200 registered voters, the election board shall perform all duties required from the time of preparing for the opening of the polls through delivering the supplies and result of votes cast to the county or city clerk.

      2.  Except as provided in NRS 293.235, one election board [shall] must be appointed by the county or city clerk for all mailing precincts within the county [, and shall] or city, and must be designated the central election board. The county or city clerk shall deliver the mailed ballots to [such] that board in his office and the board shall count the votes on [such] those ballots in the manner required by law.

      Sec. 28.  NRS 293.233 is hereby amended to read as follows:

      293.233  In each precinct or district where there are 200 or more registered voters, the county or city clerk shall appoint two election boards and designate one the voting board and the other the counting board. The officers of the counting board shall count the votes and make the record of the votes. The voting board shall account for the records at the time the polls are closed and deliver to the counting board the ballot box containing the voted ballots and all other books and supplies in [their] its possession. Upon such delivery, the counting board shall perform [their] its duties as required by law. The time of service for the counting board [shall] must be from the closing of the polls through the returning of the supplies and the result of votes cast to the county or city clerk.


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

ê1987 Statutes of Nevada, Page 337 (Chapter 152, AB 40)ê

 

      Sec. 29.  NRS 293.235 is hereby amended to read as follows:

      293.235  1.  When it appears to the satisfaction of the county or city clerk that an absent ballot central counting board will expedite the work of tallying the absent ballot vote of the county [,] or city, he may appoint such a board. In counties which use a computer to maintain records of registered voters, the county clerk shall appoint the board.

      2.  In counties or cities where an absent ballot central counting board has been appointed, no central election board may be appointed. The absent ballot central counting board shall perform the duties of the central election board.

      Sec. 30.  NRS 293.243 is hereby amended to read as follows:

      293.243  1.  An absent ballot central counting board consists of election board officers appointed in such numbers as the county or city clerk determines to be required by the volume of absent ballots requested.

      2.  The county or city clerk’s deputies who perform duties in connection with elections shall be deemed officers of the absent ballot central counting board.

      3.  When requested by the [county] :

      (a) County clerk, the sheriff shall appoint a deputy sheriff ; or

      (b) City clerk, the chief law enforcement officer of the city shall appoint an officer,

to keep order during the counting board’s counting of the absent ballot votes.

      4.  [Such a] The counting board is under the direction of the county or city clerk.

      Sec. 31.  NRS 293.245 is hereby amended to read as follows:

      293.245  When the county or city clerk determines it necessary to cause any precincts in the county or city to be designated absent ballot mailing precincts, [such] the precinct’s ballots [shall] must be placed by the central election board, or the absent ballot central counting board, in the proper absent ballot mailing precinct ballot box.

      Sec. 32.  NRS 293.247 is hereby amended to read as follows:

      293.247  1.  The secretary of state shall adopt regulations, not inconsistent with the election laws of this state, for the conduct of primary, general, special and district elections in all cities and counties.

      2.  [Such regulations shall] The regulations must prescribe:

      (a) The duties of election boards;

      (b) The type and amount of election supplies;

      (c) The manner of printing ballots and the number of ballots to be distributed to precincts and districts;

      (d) The method to be used in distributing ballots to precincts and districts;

      (e) The method of inspection and the disposition of ballot boxes;

      (f) The form and placement of instructions to voters;

      (g) The recess periods for election boards;

      (h) The size, lighting and placement of voting booths;

      (i) The amount and placement of guardrails and other furniture and equipment at voting places;


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

ê1987 Statutes of Nevada, Page 338 (Chapter 152, AB 40)ê

 

      (j) The disposition of election returns;

      (k) The procedures to be used for canvasses, ties, recounts and contests; and

      (l) Such other matters as determined necessary by the secretary of state.

      3.  The secretary of state may provide interpretations and take other actions necessary for the effective administration of the statutes and regulations governing the conduct of primary, general, special and district elections in this state.

      4.  The secretary of state shall prepare and distribute to [county clerks] each county and city clerk the election officer’s digest and instructions for election boards, and copies of any attorney general’s opinions or any state or federal court decisions which affect state election laws or regulations whenever any of those opinions or decisions become known to the secretary of state.

      Sec. 33.  NRS 293.250 is hereby amended to read as follows:

      293.250  1.  The secretary of state shall, in a manner consistent with the election laws of this state, prescribe:

      (a) The form of all ballots, absent ballots, diagrams, sample ballots, certificates, notices, declarations, affidavits of registration, lists, applications, pollbooks, registers, rosters, statements and abstracts required by the election laws of this state.

      (b) The procedure to be followed when a computer is used to register voters and to keep records of registration.

      2.  He shall prescribe with respect to the matter to be printed on every kind of ballot:

      (a) The placement and listing of all offices, candidates and measures upon which voting is statewide, which must be uniform throughout the state.

      (b) The listing of all other candidates required to file with him, and the order of listing all offices, candidates and measures upon which voting is not statewide, from which each county or city clerk shall prepare appropriate ballot forms for use in any election in his county.

      3.  He shall place the condensation of each proposed constitutional amendment or statewide measure near the spaces or devices for indicating the voter’s choice.

      4.  The fiscal not for and explanation of each proposed constitutional amendment or statewide measure, including arguments for and against it, must be included on all sample ballots.

      5.  The condensations and explanations for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the secretary of state, upon consultation with the attorney general. They must be in easily understood language and of reasonable length, and whenever feasible must be completed by April 1 of the year in which the general election is to be held.

      6.  The names of candidates for township and legislative or special district offices must be printed only on the ballots furnished to voters of [such] that township or district.


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

ê1987 Statutes of Nevada, Page 339 (Chapter 152, AB 40)ê

 

      7.  County and city clerks may divide paper ballots into two sheets in a manner which provides a clear understanding and grouping of all measures and candidates.

      Sec. 34.  NRS 293.260 is hereby amended to read as follows:

      293.260  1.  Where there is no contest for nomination to a particular office, neither the title of the office nor the name or names of the candidates [shall] may appear on the ballot.

      2.  If only one political party has candidates for a particular office, the candidates of that party who receive the highest number of votes at 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.

      3.  Where no more than the number of candidates to be elected have filed for nomination for any office, the names of those candidates must be omitted from all [primary election] ballots for a primary election or primary city election and placed on all [general election ballots.] ballots for a general election or general city election.

      4.  If there are more candidates than twice the number to be elected to a nonpartisan office, the names of the candidates must appear on the [primary election ballot.] ballot for a primary election or primary city election. Those candidates who receive the highest number of votes at [the primary] that election, not to exceed twice the number to be elected, must be declared nominees for the office.

      Sec. 35.  NRS 293.267 is hereby amended to read as follows:

      293.267  1.  [General election ballots] Ballots for a general election or general city election must contain the names of candidates who were nominated at the primary election or primary city election and the names of independent candidates.

      2.  Names of candidates must be grouped alphabetically under the title and length of term of the office for which those candidates filed.

      3.  Except for city elections and as otherwise provided in subsection 4:

      (a) Immediately following the name of each candidate for a partisan office must appear the name of his political party or the word “independent,” as the case may be.

      (b) Immediately following the name of each candidate for a nonpartisan office must appear the word “nonpartisan.”

      4.  Where a system of voting other than by paper ballot is used, the secretary of state may provide for any placement of the name of the political party or the word “independent” or “nonpartisan” which clearly relates the designation to the name of the candidate to whom it applies.

      Sec. 36.  NRS 293.268 is hereby amended to read as follows:

      293.268  The offices for which there are candidates, the names of the candidates therefor, and the questions to be voted upon must be printed on ballots in the following order:

      1.  President and Vice President of the United States.

      2.  United States Senator and Representative in Congress, in that sequence.


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

ê1987 Statutes of Nevada, Page 340 (Chapter 152, AB 40)ê

 

      3.  Governor, lieutenant governor, secretary of state, treasurer, controller and attorney general, in that sequence.

      4.  State senators and assemblymen.

      5.  County and township partisan offices.

      6.  Statewide nonpartisan offices.

      7.  District nonpartisan offices.

      8.  City offices:

      (a) Mayor;

      (b) Councilmen according to ward in numerical order, if no wards, in alphabetical order; and

      (c) Municipal judges.

      9.  Township nonpartisan offices.

      [9.] 10.  Questions presented to the voters of the state.

      [10.] 11.  Questions presented only to the voters of a special district or political subdivision of the state.

      Sec. 37.  NRS 293.270 is hereby amended to read as follows:

      293.270  1.  Voting at any [primary or general election shall] election regulated by this chapter must be on printed ballots or by any other system approved by the secretary of state or specifically authorized by law.

      2.  Voting [shall] must be only upon candidates whose names appear upon the ballot prepared by the election [officials,] officers, and no person may write in the name of an additional candidate for any office.

      Sec. 38.  NRS 293.297 is hereby amended to read as follows:

      293.297  1.  Any voter who spoils his ballot may return [such] the spoiled ballot to the election board and receive another in its place.

      2.  The election board officers shall indicate in the pollbook that [such] the ballot is spoiled and shall enter the number of the ballot issued in its place.

      3.  Each spoiled ballot returned [shall] must be canceled without unfolding it by writing the word “Canceled” across the back of the ballot. A record [shall] must be made of [such] those canceled ballots at the closing of the polls and before counting. [Such ballots shall] The ballots must be placed in a separate envelope and returned to the appropriate county or city clerk with the election supplies.

      Sec. 39.  NRS 293.303 is hereby amended to read as follows:

      293.303  1.  A person applying to vote may be challenged orally by any registered voter of the precinct or district upon the ground that he is not the person entitled to vote as claimed, or has voted before on the same day, or on any other ground provided for in this Title.

      2.  If a person is challenged orally, the election board shall tender him the following oath or affirmation: “Do you swear (or affirm) that you are the person whose name is in this precinct register?”

      3.  If he refuses to take the oath so tendered, or if he is otherwise successfully challenged, he must not be issued a ballot, and the officer in charge of the election board register shall write the words “Challenged ................” opposite his name in the election board register.


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

ê1987 Statutes of Nevada, Page 341 (Chapter 152, AB 40)ê

 

      4.  The election board officers shall record the success of the challenge on the challenge list, and the election board officer in charge of the checklist shall indicate next to the name of the challenged person that he was challenged successfully.

      5.  When a challenge is unsuccessful, the challenged person must be issued a ballot and allowed to vote. The election board officers shall record the unsuccessful challenge on the challenge list.

      6.  In all cases of challenge the decision rests with the election board by majority vote.

      7.  The election board officers may test the qualifications of the challenged person by asking any relevant question which they consider necessary to arrive at a decision.

      8.  Answers must be given under oath and compared with the statements in the election board register.

      9.  The election board officers may refuse to allow a challenged person to vote without further proceedings unless he:

      (a) Brings registered voters of the appropriate county or city to be examined under oath as to his qualifications; and

      (b) If a challenge to his residency is made, produces official identification as proof of his residence, such as his driver’s license or other official document.

      10.  When the entry in the election board register for a person applying to vote contains a challenge, the officer in charge of the election board register shall cause the challenge to be executed before all the election board officers in the same manner as if the person were challenged orally at the polling place. After such execution, the election board shall decide the challenge in the manner provided in this section for oral challenges.

      Sec. 40.  NRS 293.305 is hereby amended to read as follows:

      293.305  1.  If at the hour of closing the polls there are any registered voters waiting to vote, the doors of the polling place [shall] must be closed after all such voters have been admitted to the polling place. Voting [shall] must continue until [such] those voters have voted.

      2.  The deputy sheriff shall allow other persons to enter the polling place after the doors have been closed for the purpose of observing or any other legitimate purpose if there is room within the polling place and such admittance will not interfere unduly with the voting.

      Sec. 41.  NRS 293.309 is hereby amended to read as follows:

      293.309  1.  The county clerk of each county and city clerk of each city shall prepare an absent ballot for the use of registered voters who will be unable to vote at the polling place on election day. [Such ballot shall] The ballot must be prepared and ready for distribution not later than [25 days prior to] 20 days before the election in which it is to be used.

      2.  Any legal action which would prevent [such] the ballot from being issued [25] 20 days before the election for which it is to be used [shall be] is moot and of no effect.


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

ê1987 Statutes of Nevada, Page 342 (Chapter 152, AB 40)ê

 

      Sec. 42.  NRS 293.310 is hereby amended to read as follows:

      293.310  1.  A registered voter who requests and receives an absent voter’s ballot may vote only by absent ballot at the election for which [such] the absent ballot was issued.

      2.  When any registered voter has requested an absent ballot and [such] the ballot has been mailed or issued, the appropriate county or city clerk shall notify the precinct or district election board that the registered voter has requested an absent ballot.

      Sec. 43.  NRS 293.313 is hereby amended to read as follows:

      293.313  1.  Any registered voter who provides sufficient written notice to the appropriate county or city clerk, may vote an absent ballot as provided in this chapter if, on the day of voting at any [general or primary election,] election regulated by this chapter, he is or expects to be:

      (a) Absent from the precinct or district in the county of his residence because of the nature of his vocation, business or any other unavoidable cause;

      (b) Unable to go to the polling place; or

      (c) In the service of the United States.

      2.  The spouses and dependents of any voter referred to in subsection 1 may vote in the same manner as [such] that voter if, by reason of the services of [such] that voter, they are required to reside beyond the boundaries of the state.

      Sec. 44.  NRS 293.315 is hereby amended to read as follows:

      293.315  A registered voter referred to in NRS 293.313 may, at any time before 5 p.m. on the Tuesday preceding any election, make application to [the clerk of the county in which he is registered] that clerk for an absent voter’s ballot. When [such] the voter has identified himself to the satisfaction of the clerk, he is entitled to receive the appropriate ballot or ballots, but only for his own use.

      Sec. 45.  NRS 293.316 is hereby amended to read as follows:

      293.316  1.  Any registered voter unable to go to the polls because of illness or disability resulting in his confinement in a hospital, sanatorium, dwelling or nursing home may request in a written statement, signed by him, that the appropriate county or city clerk send him an absent ballot. The [county] clerk shall deliver the ballot, at the office of the clerk, to any authorized representative of the voter possessing a written statement signed by the voter stating that he is a patient in a hospital, sanatorium or nursing home, and that he will be confined therein on election day. If any registered voter is suddenly hospitalized or becomes seriously ill or is called away from home after the time has elapsed for requesting an absent ballot as provided in NRS 293.315, and is unable to vote at the polling place, he may apply to the [county] appropriate clerk for an absent ballot at any time before 5 p.m. on the day of the election. The [county] clerk shall issue an absent ballot upon satisfactory proof of the emergency.

      2.  After marking his ballot the voter shall place it in the identification envelope. He shall then affix his signature on the back of the envelope and return it to the office of the [county] clerk.


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

ê1987 Statutes of Nevada, Page 343 (Chapter 152, AB 40)ê

 

      3.  A request for a ballot under this section must be made, and the ballot delivered to the voter and returned to the [county] clerk, not later than the time the polls close on election day.

      4.  The procedure authorized by this section is subject to all other provisions of this chapter relating to absent ballot voting insofar as those provisions are not inconsistent with the provisions of this section.

      Sec. 46.  NRS 293.317 is hereby amended to read as follows:

      293.317  Absent ballots received by the county or city clerk after the polls are closed on the day of election are invalid.

      Sec. 47.  NRS 293.320 is hereby amended to read as follows:

      293.320  1.  The county or city clerk shall determine before issuing an absent ballot that the person making application is a registered voter in [such county.] the proper county or city.

      2.  Armed Forces personnel applying for absent ballots shall complete the form of affidavit required for registration before receiving an absent ballot.

      Sec. 48.  NRS 293.323 is hereby amended to read as follows:

      293.323  1.  If the request for an absent ballot is made by mail or telegram, the county or city clerk shall, as soon as the official absent ballot for the precinct or district in which the applicant resides has been printed, send to the voter by first-class mail if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base, or by air mail if the absent voter is in a foreign country but not on a military base, postage prepaid:

      (a) Except as provided in paragraph (b), an absent ballot, a return envelope, a stamp for marking the ballot, a stamp pad and instructions.

      (b) In those counties or cities using a mechanical voting system whereby a vote is cast by punching a card, a card attached to a sheet of foam plastic or similar backing material, a return envelope, a punching instrument, a sample ballot and instructions.

      2.  The return envelope must include postage prepaid by first-class mail if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base.

      3.  Nothing may be enclosed or sent with an absent ballot except as required by subsection 1.

      4.  Before depositing the ballot in the mails, the county or city clerk shall record the date the ballot is issued, the name of the registered voter to whom it is issued, his precinct or district, his political affiliation, if any, the number of the ballot and any remarks he finds appropriate.

      Sec. 49.  NRS 293.325 is hereby amended to read as follows:

      293.325  1.  Except as provided in subsections 2 and 3, when an absent ballot is returned by a registered voter to the county or city clerk through the mails, and record thereof is made in the absent ballot record book, the appropriate county or city clerk shall deliver, or cause to be delivered, that ballot to the precinct or district election board.

      2.  If the county or city clerk has appointed an absent ballot central counting board, the [county] clerk shall, upon receipt of each absent voter’s ballot, make a record of the return and check the signature on the return envelope against the original signature of the voter on the county clerk’s register.


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

ê1987 Statutes of Nevada, Page 344 (Chapter 152, AB 40)ê

 

envelope against the original signature of the voter on the county clerk’s register. If the [county] clerk determines that the absent voter is entitled to cast his ballot, he shall deposit the ballot in the proper ballot box. On election day the [county] clerk shall deliver the ballot box to the absent ballot counting board to be counted.

      3.  If the county or city uses a mechanical voting system, the county or city clerk shall, upon receipt of each absent voter’s ballot, make a record of the return and check the signature on the return envelope against the original signature of the county clerk’s register. If the county or city clerk determines that the absent voter is entitled to cast his ballot, he shall deposit the ballot in the proper ballot box. On election day the county or city clerk shall deliver the ballot box to the central counting place.

      Sec. 50.  NRS 293.327 is hereby amended to read as follows:

      293.327  1.  If a request for an absent ballot is made by a registered voter in person, the county or city clerk shall issue an absent ballot to the registered voter, and the ballot must be voted on the premises of the clerk’s office and returned to the clerk. The clerk shall follow the same procedure as in the case of absent ballots received by mail.

      2.  Each county clerk and city clerk shall provide a voting booth, with suitable equipment for voting, on the premises of his office for use by registered voters who are issued absent ballots in accordance with this section.

      Sec. 51.  NRS 293.330 is hereby amended to read as follows:

      293.330  1.  When an absent voter receives his ballot, he must stamp and fold it in accordance with the instructions, deposit it in the return envelope, seal the envelope, affix his signature on the back of the envelope in the space provided therefor and mail the return envelope.

      2.  If the absent voter who has received a ballot by mail applies to vote the ballot in person at the county or city clerk’s office, he must stamp the ballot, seal it in the return envelope and affix his signature in the same manner as provided in subsection 1, and deliver the envelope to the [county] clerk.

      Sec. 52.  NRS 293.333 is hereby amended to read as follows:

      293.333  1.  On the day of election, the precinct or district election boards receiving the absent voters’ ballots from the county or city clerk shall, in the presence of a majority of the election board officers, deposit the ballots in the ballot box in the following manner:

      (a) The name of the voter, as shown on the return envelope, [shall] must be called and checked as if the voter were voting in person; and

      (b) The signature on the back of the return envelope [shall] must be compared with that on the original affidavit of registration.

      2.  If the board determines that the absent voter is entitled to cast his ballot, the envelope [shall] must be opened, the numbers on the ballot and envelope compared, the number strip torn off the ballot, and, if the numbers are the same, the ballot deposited in the regular ballot box.

      3.  The election board officers shall mark in the pollbook opposite the name of the voter the word “Voted.”


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

ê1987 Statutes of Nevada, Page 345 (Chapter 152, AB 40)ê

 

      Sec. 53.  NRS 293.335 is hereby amended to read as follows:

      293.335  When all absent ballots delivered to precinct or district election boards have been either voted or rejected , the empty envelopes and the envelopes containing rejected ballots [shall] must be returned to the county or city clerk. On all envelopes containing rejected ballots the cause of rejection [shall] must be noted and the envelope signed by a majority of the officers of the election board.

      Sec. 54.  NRS 293.337 is hereby amended to read as follows:

      293.337  The provisions of this chapter [shall not be construed to] do not prohibit any registered voter who has applied for, but not received, an absent ballot from communicating [such] that fact to the county or city clerk, receiving a certificate of error and voting in person on election day.

      Sec. 55.  NRS 293.343 is hereby amended to read as follows:

      293.343  1.  A registered voter who resides in an election precinct in which there were not more than 200 voters registered for the last preceding general election, or in a precinct in which it appears to the satisfaction of the county or city clerk that there are not more than 200 registered voters, may vote at [primary and general elections] any election regulated by this chapter in the manner provided in NRS 293.345 to 293.355, inclusive.

      2.  Whenever the county or city clerk has designated a precinct as a mailing precinct, registered voters residing in [such] that precinct may vote at [primary and general elections] any election regulated by this chapter in the manner provided in NRS 293.345 to 293.355, inclusive.

      Sec. 56.  NRS 293.345 is hereby amended to read as follows:

      293.345  1.  The county clerk shall mail to each registered voter in each mailing precinct and in each absent ballot mailing precinct, before 5 p.m. on the 3rd Thursday in August and before 5 p.m. on the 4th Tuesday in October of any year in which a general election is to be held, an official mailing ballot to be voted by him at [such] the election.

      2.  The city clerk shall mail to each registered voter in each mailing precinct and in each absent ballot mailing precinct, before 5 p.m. on the 3rd Thursday in April and before 5 p.m. on the 4th Tuesday in May of any year in which a general city election is to be held, an official mailing ballot to be voted by him at the election.

      Sec. 57.  NRS 293.350 is hereby amended to read as follows:

      293.350  1.  The county or city clerk shall:

      (a) Make certain of the names and addresses of all voters registered to vote in mailing precincts and absent ballot mailing precincts;

      (b) Enroll the name and address of each voter found eligible to vote in those precincts in the mailing precinct record book;

      (c) Mark the number of the ballot on the return envelope; and

      (d) Mail the ballot to the registered voter.

      2.  Except as provided in subsection 3, the ballot must be accompanied by:

      (a) A stamp and stamp pad;

      (b) A return envelope;


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ê1987 Statutes of Nevada, Page 346 (Chapter 152, AB 40)ê

 

      (c) A sample ballot; and

      (d) Instructions regarding the manner of stamping and returning the ballot.

      3.  In those counties or cities using a mechanical voting system whereby a vote is cast by punching a card, the ballot must be accompanied by:

      (a) A sheet of foam plastic or similar backing material attached to the card;

      (b) A punching instrument;

      (c) A return envelope;

      (d) A sample ballot; and

      (e) Instructions regarding the manner of punching and returning the card.

      Sec. 58.  NRS 293.353 is hereby amended to read as follows:

      293.353  Upon receipt of a mailing ballot from the county or city clerk, the registered voter must:

      1.  Except as provided in subsection 2:

      (a) Immediately after opening the envelope, mark and fold the ballot;

      (b) Place the ballot in the return envelope;

      (c) Affix his signature on the back of the envelope; and

      (d) Mail or deliver the envelope to the county or city clerk.

      2.  In those counties or cities using a mechanical voting system whereby a vote is cast by punching a card:

      (a) Immediately after opening the envelope, punch the card;

      (b) Place the unfolded card in the return envelope;

      (c) Affix his signature on the back of the envelope; and

      (d) Mail or deliver the envelope to the county or city clerk.

      Sec. 59.  NRS 293.355 is hereby amended to read as follows:

      293.355  Upon receipt of the return envelope from the registered voter, the county or city clerk shall follow the same procedure as in the case of absent ballots.

      Sec. 60.  NRS 293.363 is hereby amended to read as follows:

      293.363  When the polls are closed, the counting board shall prepare to count the ballots voted that day. The counting procedure [shall] must be public and continue without adjournment until completed. The counting board shall prepare in the following manner:

      1.  The pollbooks must be compared and errors corrected until the books agree.

      2.  The ballot box must be opened and the ballots contained therein counted by the counting board and opened far enough to ascertain whether each ballot is single. If two or more ballots are found folded together to present the appearance of a single ballot, they must be laid aside until the count of the ballots is completed. If, on comparison of the count with the pollbook, a majority of the inspectors are of the opinion that the ballots folded together were voted by one person, the ballots must be rejected and placed in an envelope, upon which must be written the reason for their rejection. The envelope must be signed by the counting board officers and placed in the ballot box after the count is completed.


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ê1987 Statutes of Nevada, Page 347 (Chapter 152, AB 40)ê

 

      3.  If the ballots in the box are found to exceed in number the number of names on the pollbooks, the ballots must be replaced in the box, and a county board officer, with his back turned to the box, shall draw out a number of ballots equal to the excess. The excess ballots must be marked on the back thereof with the words “Excess ballots not counted.” The ballots when so marked must be immediately sealed in an envelope and returned to the county or city clerk with the other ballots rejected for any cause.

      4.  When it has been ascertained that the pollbook and the number of ballots agree with the number of names of registered voters shown to have voted, the board shall proceed to count. If there is a discrepancy between the number of ballots and the number of voters, a record of the discrepancy must be made.

      Sec. 61.  NRS 293.367 is hereby amended to read as follows:

      293.367  1.  The basic factor to be considered by an election board when making a determination of whether a particular ballot [should] must be rejected is whether any identifying mark appears on the ballot which, in the opinion of the election board, constitutes an identifying mark such that there is a reasonable belief entertained in good faith that the ballot has been tampered with and, as a result of [such] the tampering, the outcome of the election would be affected.

      2.  Regulations for counting ballots must include provisions that:

      (a) A vote on a paper ballot may not be counted unless indicated by a cross in the appropriate square.

      (b) An error in marking one or more votes on a ballot does not invalidate any votes properly marked on that ballot.

      (c) If more choices than permitted by the instructions are marked for any office or question, the vote for that office or question may not be counted.

      (d) If it is impossible to determine a voter’s choice for any office or question, his vote or votes for that office or question may not be counted.

      (e) A soiled or defaced ballot may not be rejected if it appears that the soiling or defacing was inadvertent and was not done purposely to identify the ballot.

      (f) Only devices provided for in this chapter may be used in marking ballots.

      (g) It is unlawful for any election board officer to place any mark upon any ballot other than a spoiled ballot.

      (h) When an election board officer rejects a ballot for any alleged defect or illegality, the officer shall seal the ballot in an envelope and write upon the envelope a statement that it was rejected and the reason for rejecting it.

      (i) In counties or cities where mechanical voting systems are used whereby a vote is cast by punching a card, a superfluous punch into any card does not constitute grounds for rejection of the ballot unless the election board determines that the condition of the ballot justifies its exclusion pursuant to subsection 1.

      Sec. 62.  NRS 293.368 is hereby amended to read as follows:

      293.368  1.  Whenever a candidate whose name appears upon the ballot at a [general] :


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ê1987 Statutes of Nevada, Page 348 (Chapter 152, AB 40)ê

 

      (a) General election dies after 5 p.m. of the 3rd Tuesday in September ; or

      (b) General city election dies after 5 p.m. of the 3rd Tuesday in May,

and before the time of the closing of the polls on the date of the election, the votes cast for [such] the deceased candidate [shall] must be counted in determining the results of the election for the office for which the decedent was a candidate.

      2.  If the deceased candidate receives the majority of the votes cast for the office, he shall be considered elected and the office to which he was elected shall be considered vacant at the beginning of the term for which he was elected. The vacancy thus created [shall] must be filled in the same manner as if the candidate had died [subsequent to] after taking office for that term.

      Sec. 63.  NRS 293.373 is hereby amended to read as follows:

      293.373  1.  After the tally lists have been completed, the counting board officers shall:

      (a) File the voted ballots on a string, enclose and seal them in an envelope marked “Election returns, voted ballots.”

      (b) File the rejected ballots on a string, enclose and seal them in an envelope marked “Election returns, rejected ballots.”

      (c) Place one of the tally lists for regular ballots and one of the pollbooks in an envelope marked “Election returns” and seal the envelope.

      2.  The voted ballots, rejected ballots, tally lists for regular ballots, tally list for rejected ballots, challenge list, stubs of used ballots and unused ballots [shall] must be sealed under cover by the counting board officers and addressed to the county or city clerk.

      3.  The other pollbooks, tally lists and election board register [shall] must be returned to the county or city clerk.

      Sec. 64.  NRS 293.383 is hereby amended to read as follows:

      293.383  1.  Except as provided in subsection 2, each counting board, before it adjourns, shall post a copy of the voting results in a conspicuous place on the outside of the place where the votes were counted.

      2.  When votes are cast on ballots which are mechanically or electronically tabulated in accordance with the provisions of chapter 293B of NRS, the county or city clerk shall, as soon as possible, post copies of the tabulated voting results in a conspicuous place on the outside of the counting facility, courthouse or city hall, in the case of a [municipal] city election.

      3.  Each copy of the voting results posted in accordance with subsections 1 and 2 must set forth the accumulative total of all the votes cast within the county , city or other political subdivision conducting the election and must be signed by the members of the counting board or the computer program and processing accuracy board.

      Sec. 65.  NRS 293.384 is hereby amended to read as follows:

      293.384  1.  Beginning at 8 a.m. on the day before the day of an election, the counting board, if it is responsible for counting absent ballots, or the absent ballot central counting board shall withdraw all the ballots deposited in the absent voters’ ballot boxes before that day and ascertain that each box has the required number of ballots according to the county or city clerk’s absent voters’ record.


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ê1987 Statutes of Nevada, Page 349 (Chapter 152, AB 40)ê

 

deposited in the absent voters’ ballot boxes before that day and ascertain that each box has the required number of ballots according to the county or city clerk’s absent voters’ record.

      2.  Any absent ballots received by the county or city clerk after 8 a.m. on the day that the ballots are withdrawn must be held by him until the ballots received before that day have been withdrawn pursuant to subsection 1. The clerk shall then deposit those absent ballots in the appropriate ballot boxes.

      3.  The counting board or absent ballot central counting board shall count the number of ballots in the same manner as election boards.

      Sec. 66.  NRS 293.385 is hereby amended to read as follows:

      293.385  1.  After 8 a.m. on election day, the counting board, if it is responsible for counting absent ballots, or the absent ballot central counting board shall withdraw all the ballots received the previous day from absent voters’ ballot boxes and ascertain that each box has the required number of ballots according to the county or city clerk’s absent voters’ ballot record.

      2.  If any absent ballots are received by the county or city clerk on election day, pursuant to NRS 293.316, the county or city clerk shall hold the ballots until ballots received before election day have been withdrawn pursuant to subsection 1. Thereafter, the county or city clerk shall deposit the absent ballots in the appropriate ballot boxes.

      3.  After the polls close the appropriate board shall count in public the votes cast on the absent ballots.

      4.  The result of the absent ballot vote in each precinct or district must be certified and submitted to the county or city clerk, who shall have the results added to the regular votes of the precinct or district.

      5.  Any person who disseminates to the public in any way information pertaining to the count of absent ballots before the polls close is guilty of a misdemeanor.

      Sec. 67.  NRS 293.387 is hereby amended to read as follows:

      293.387  1.  As soon as the returns from all the precincts and districts in any county or city have been received by the board of county commissioners [such] or city council, the board or council shall meet and proceed to canvass the returns. The canvass [shall] must be completed on or before the 10th day following the election.

      2.  In making its canvass, the board [of county commissioners] or council shall:

      (a) Note separately any clerical errors discovered; and

      (b) Take account of the changes resulting from [such] the discovery, so that the result declared [will represent] represents the true vote cast.

      3.  The county or city clerk shall, as soon as the result is declared, enter upon the records of [such] the board or council an abstract of the result, which [shall] must contain the number of votes cast for each candidate. The board [of county commissioners,] after making [such] the abstract, shall cause the county clerk, by an order made and entered in the minutes of its proceedings, to make a copy of [such] the abstract and transmit it to the secretary of state within 10 days after the day of election.


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ê1987 Statutes of Nevada, Page 350 (Chapter 152, AB 40)ê

 

      4.  The secretary of state shall, immediately after any primary [,] election, compile the returns for all candidates voted for in more than one county. He shall make out and file in his office an abstract thereof, and shall certify to the county clerk of each county the name of each person nominated, and the name of the office for which he is nominated.

      5.  The city clerk shall, immediately after any primary city election, compile the returns for all candidates voted for in the city. He shall make out and file in his office an abstract thereof, and shall certify the name of each person nominated, and the name of the office for which he is nominated.

      Sec. 68.  NRS 293.393 is hereby amended to read as follows:

      293.393  1.  On or before the 10th day after any general election [,] or general city election, the board of county commissioners or city council shall open the returns of votes cast and make abstracts of the votes.

      2.  Abstracts of votes [shall] must be prepared in such manner as the secretary of state [shall prescribe] prescribes by regulation.

      3.  The county or city clerk shall make out a certificate of election to each of the persons having the highest number of votes for the district, county , city and township offices.

      4.  Each such certificate [shall] must be delivered to the person elected upon application at the office of the county or city clerk.

      Sec. 69.  NRS 293.403 is hereby amended to read as follows:

      293.403  1.  After the canvass of the vote in any election, any candidate defeated at the election may demand and receive a recount of the vote for the office for which he is a candidate if within 5 days after the certification of the abstract of votes:

      (a) He makes his demand to the officer with whom he filed his declaration or acceptance of candidacy ; [, either the secretary of state or the county clerk;] and

      (b) He deposits in advance the estimated costs of the recount with [the county clerk or secretary of state.] that officer. The estimated costs of the recount must be determined by the [county clerk or secretary of state] officer based on regulations adopted by the secretary of state defining the term “costs.”

      2.  As used in this section, “canvass” means:

      (a) In any primary election, the canvass by the board of county commissioners of the returns for a candidate voted for in one county or the canvass by the board of county commissioners last completing its canvass of the returns for a candidate voted for in more than one county.

      (b) In any primary city election, the canvass by the city council of the returns for a candidate voted for in the city.

      (c) In any general election:

             (1) The canvass by the supreme court of the returns for a candidate for a statewide office; or

             (2) The canvass of the board of county commissioners of the returns for any other candidate, as provided in paragraph (a).


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ê1987 Statutes of Nevada, Page 351 (Chapter 152, AB 40)ê

 

      (d) In any general city election, the canvass by the city council of the returns for a candidate voted for in the city.

      Sec. 70.  NRS 293.404 is hereby amended to read as follows:

      293.404  1.  Where a recount is demanded pursuant to the provisions of NRS 293.403, the [county] :

      (a) County clerk of each county affected by the recount shall employ a recount board to conduct the recount in the county, and shall act as chairman of the recount board unless the recount is for the office of county clerk, in which case the chairman of the board of county commissioners shall act as chairman of the recount board. At least one member of the board of county commissioners must be present at the recount.

      (b) City clerk shall employ a recount board to conduct the recount in the city, and shall act as chairman of the recount board unless the recount is for the office of city clerk, in which case the mayor of the city shall act as chairman of the recount board. At least one member of the city council must be present at the recount.

Each candidate for the office affected by the recount may be present in person or by an authorized representative, but may not be a member of the recount board.

      2.  Except in counties or cities using a mechanical voting system, the recount must include a count and inspection of all ballots, including rejected ballots, and must determine whether those ballots are marked as required by law.

      3.  If a recount is demanded in a county or city using a mechanical voting system, the county or city clerk shall select at random the ballots for the office affected from 5 percent of the precincts, but in no case fewer than three precincts, after consultation with each candidate for the office or his authorized representative. The recount board shall examine the selected ballots, including any duplicate or rejected ballots, shall determine whether the ballots have been voted in accordance with this Title and shall count the valid ballots by hand. A recount by computer must be made of all the selected ballots. If the count of the selected ballots or the recount shows a discrepancy of 1 percent or more for either candidate from the original canvass of the returns, the county or city clerk shall order a count by hand of all the ballots for that office. If there is not a discrepancy of 1 percent or more for any candidate, the county or city clerk shall not order such a count, but shall order a recount by computer of all the ballots for the office.

      4.  The county or city clerk shall unseal and give to the recount board all ballots to be counted.

      5.  In the case of a demand for a recount affecting more than one county, the demand must be made to the secretary of state, who shall notify the county clerks to proceed with the recount.

      Sec. 71.  NRS 293.405 is hereby amended to read as follows:

      293.405  1.  If the candidate who demanded the recount does not prevail, and it is found that the sum deposited was less than the cost of the recount, the candidate shall, upon demand, pay the deficiency to the county clerk , city clerk or secretary of state, as the case may be.


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ê1987 Statutes of Nevada, Page 352 (Chapter 152, AB 40)ê

 

clerk , city clerk or secretary of state, as the case may be. If the sum deposited is in excess of the cost, the excess must be refunded to him.

      2.  If the candidate who demanded the recount prevails, the sum deposited with the secretary of state , [or] county clerk or city clerk must be refunded to the candidate and the cost of the recount must be paid as follows:

      (a) If the recount concerns an office for which voting is not statewide, the cost must be borne by the [counties] county or city which conducted the recount.

      (b) If the recount concerns an office for which voting is statewide, the clerk of each county shall submit a statement of its costs in the recount to the secretary of state for review and approval. The secretary of state shall submit the statements to the state board of examiners, which shall repay the allowable costs from the reserve for statutory contingency fund to the respective counties.

      3.  Each recount must be commenced within 5 days after demand, and must be completed within 5 days after it is begun. Sundays and holidays must not be excluded in determining each 5-day period.

      Sec. 72.  NRS 293.417 is hereby amended to read as follows:

      293.417  1.  If, in any contest, the court finds from the evidence that a person other than the defendant received the greatest number of legal votes, the court, as a part of the judgment, shall declare [such] that person elected or nominated.

      2.  The person declared nominated or elected by the court [shall be] is entitled to a certificate of nomination or election. If a certificate has not been issued to him, the county clerk , city clerk or [the] secretary of state shall execute and deliver to [such] that person a certificate of election or a certificate of nomination.

      3.  If a certificate of election or nomination to the same office has been issued to any person other than the one declared elected by the court, [such certificate shall] that certificate must be annulled by the judgment of the court.

      4.  Whenever an election is annulled or set aside by the court, and the court does not declare some candidate elected, the certificate of election or the commission, if any has been issued, is void and the office is vacant.

      Sec. 73.  NRS 293.437 is hereby amended to read as follows:

      293.437  1.  The county or city clerk may designate any building, public or otherwise, or any portion of a building, as the site for any polling place or any number of polling places for any [or all] of the precincts or districts in the county [.] or city.

      2.  If, in the opinion of the county or city clerk, the convenience and comfort of the voters and election [officials] officers will be best served by putting two or more polling places in any such building, or if, in the opinion of the county or city clerk, the expense to the county or city for polling places can be diminished by putting two or more polling places in any such building, he may so provide.


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ê1987 Statutes of Nevada, Page 353 (Chapter 152, AB 40)ê

 

      3.  In precincts where there are no public buildings or other appropriate locations owned by the state, county, township, city, town or precinct, privately owned locations may be rented at a rate not to exceed $35 for each election if only one precinct is involved and at a rate not to exceed $50 for each election if more than one precinct is involved.

      Sec. 74.  NRS 293.443 is hereby amended to read as follows:

      293.443  1.  The expense of providing all ballots, forms and other supplies to be used at any [primary or general] election regulated by this chapter and all expenses necessarily incurred in the preparation for, or the conduct of, any such election [shall be] is a charge upon the municipality, county, district or state, as the case may be.

      2.  The cost of printing ballots [shall] must not exceed the sum of $100 per thousand or fraction thereof for the first two thousand ballots printed and $50 for each additional thousand printed.

      3.  The county or city clerk may submit such printing for competitive bidding.

      Sec. 75.  NRS 293.445 is hereby amended to read as follows:

      293.445  The board of county commissioners of each county or city council of each city shall provide the appropriate county or city clerk with sufficient assistants to enable him to perform properly the duties imposed upon him by this chapter. Such expense [shall be a county charge.] is a charge upon the appropriate county or city.

      Sec. 76.  NRS 293.446 is hereby amended to read as follows:

      293.446  1.  The election board officer who delivers the package containing the election returns [shall] must be paid the amount expended by him in paying the postage on the package, and 15 cents per mile for going to and 15 cents per mile for returning from the post office or the office of the county or city clerk, in the same manner and out of the same fund as other election expenses are paid.

      2.  No mileage [shall] may be paid unless the total distance necessarily traveled in going and returning is greater than 2 miles.

      Sec. 77.  NRS 293.460 is hereby amended to read as follows:

      293.460  The compensation of voting board officers, counting board officers, specially appointed deputy sheriffs, election board officers and other employees [shall] must be fixed by county or city ordinance, resolution or order.

      Sec. 78.  NRS 293.465 is hereby amended to read as follows:

      293.465  If an election is prevented in any precinct or district by reason of the loss or destruction of the ballots intended for that precinct, or any other cause, the election officers for [such] that precinct or district shall make an affidavit setting forth [such] that fact and transmit it to the appropriate board of county commissioners [.] or city council. Upon receipt of [such] the affidavit and upon the application of any candidate for any office to be voted for by the registered voters of [such] that precinct or district, the board of county commissioners or city council shall order a new election in [such] that precinct or district.


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ê1987 Statutes of Nevada, Page 354 (Chapter 152, AB 40)ê

 

      Sec. 79.  NRS 293.480 is hereby amended to read as follows:

      293.480  Until the time for contest of election has expired, the ballots returned to the county or city clerk may not be inspected by any person, except in cases of recount or election contest, and then only by the judge, special master, board or legislative body before whom [such] the election is being contested or who is conducting the recount.

      Sec. 80.  NRS 293.481 is hereby amended to read as follows:

      293.481  1.  Except as provided in subsection 2, every governing body of a political subdivision, public or quasi-public corporation, or other local agency authorized by law to submit questions to the qualified electors or registered voters of a designated territory, when the governing body decides to submit a question:

      (a) At a general election, shall provide a copy of the question to each county clerk within the designated territory on or before the 3rd Monday in July preceding the election.

      (b) At a primary election, shall provide a copy of the question to each county clerk within the designated territory on or before the 1st Monday in July preceding the election.

      (c) At any election (other than a primary or general election) at which the county clerk gives notice of the election or otherwise performs duties in connection therewith other than the registration of electors and the making of records of registered voters available for the election, shall provide a copy of the question to each county clerk at least 35 days [prior to] before the election.

      (d) At any city election at which the city clerk gives notice of the election or otherwise performs duties in connection therewith, shall provide a copy of the question to the city clerk at least 35 days before the election.

      2.  The requirements of subsection 1 do not apply to any question expressly privileged or required under article 19 of the constitution of the State of Nevada or under chapter 295 of NRS or any other statute to be submitted if proposed after the dates specified.

      Sec. 81.  NRS 293.482 is hereby amended to read as follows:

      293.482  1.  The governing body of any county or city may, at any general election [,] or general city election, ask the advice of the registered voters within its jurisdiction on any question which it has under consideration by adopting a resolution which:

      (a) Sets forth the advisory question to be submitted to the voters; and

      (b) States that the result of the voting on the question does not place any legal requirement on the governing body or any officer of the political subdivision.

      2.  A governing body may, at any general election, ask the advice of the registered voters of part of its territory if:

      (a) The advisory question to be submitted affects only that part of its territory; and

      (b) The resolution adopted pursuant to subsection 1 sets forth the boundaries of the area in which the advice of the registered voters will be asked.


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ê1987 Statutes of Nevada, Page 355 (Chapter 152, AB 40)ê

 

      Sec. 82.  NRS 293.485 is hereby amended to read as follows:

      293.485  1.  Every citizen of the United States, 18 years of age or over, who has continuously resided in this state and in the county 30 days and in the precinct 10 days next preceding the day of the next succeeding [primary or general election,] :

      (a) Primary election;

      (b) Primary city election;

      (c) General election; or

      (d) General city election,

and who has registered in the manner provided in this chapter, [shall be] is entitled to vote at [such] that election.

      2.  This section [shall not be construed to] does not exclude the registration of eligible persons whose 18th birthday or the date of whose completion of the required residence occurs on or before the next succeeding [primary, general or other election.] :

      (a) Primary election;

      (b) Primary city election;

      (c) General election;

      (d) General city election; or

      (e) Any other election.

      Sec. 83.  NRS 293.505 is hereby amended to read as follows:

      293.505  1.  All justices of the peace, except those located in county seats, are ex officio deputy registrars to carry out the provisions of this chapter.

      2.  The county clerk may appoint registered voters as deputy registrars, who shall register voters within the county for which they are appointed. Except as provided in subsection 1, a candidate for any office may not be appointed or serve as a deputy registrar. Deputy registrars serve at the pleasure of the county clerk and shall perform their duties as the county clerk may direct.

      3.  Deputy registrars may demand of any person who applies for registration all information required by the affidavit of registration, and may administer all oaths required by this chapter.

      4.  When a deputy registrar has in his possession five or more completed affidavits of registration, he shall forward them to the county clerk, but in no case may he hold any number of them for more than 10 days.

      5.  Immediately after the close of registration, each deputy registrar shall forward to the county clerk all completed affidavits in his possession. Within 5 days after the close of registration for a general election [,] or general city election, a deputy registrar shall return all unused affidavits in his possession to the county clerk.

      6.  Deputy registrars shall submit to the county clerk an alphabetical list of names of electors registered by him, giving the serial number of the affidavit used for each named registrant.

      7.  Each deputy registrar shall post notices sent to him by the county clerk for posting in accordance with the election laws of this state.


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ê1987 Statutes of Nevada, Page 356 (Chapter 152, AB 40)ê

 

      8.  Any person who violates any of the provisions of this section is guilty of a misdemeanor.

      Sec. 84.  NRS 293.563 is hereby amended to read as follows:

      293.563  1.  During the interval between the closing of registration and 5 days before the election, the county clerk shall:

      (a) In counties where records of registration are not kept by computer, prepare for each precinct or district a binder or binders containing in alphabetical order the original affidavits of registration of the electors in the precinct or district. The binder or binders constitute the election board register.

      (b) In counties where records of registration are kept by computer, have printed and placed in a binder or binders for each precinct or district a computer listing in alphabetical order of the affidavits of registration of the electors in the precinct or district. The binder or binders constitute the election board register.

      2.  Each election board register must be delivered or caused to be delivered by the county or city clerk to an election officer of the proper precinct or district before the opening of the polls.

      Sec. 85.  NRS 293.565 is hereby amended to read as follows:

      293.565  1.  At least 10 days before any election, the county or city clerk shall cause to be mailed to each registered voter in the county or city a sample ballot for his precinct with a notice informing the voter of the location of his polling place.

      2.  The cost of mailing sample ballots for [elections which are not either primary or general elections] any election other than a primary or general election must be borne by the political subdivision holding the election.

      Sec. 86.  NRS 293.596 is hereby amended to read as follows:

      293.596  1.  [No] A person who is entitled to vote shall not vote or attempt to vote more than once at the same election. Any person who votes or attempts to vote twice at the same election is guilty of a gross misdemeanor.

      2.  Notice of the provisions of subsection 1 [shall] must be given by the county or city clerk [or registrar of voters] as follows:

      (a) Printed on all sample ballots mailed;

      (b) Posted in boldface type at each polling place; and

      (c) Posted in boldface type at the office of the county or city clerk . [or registrar of voters.]

      Sec. 87.  NRS 293.602 is hereby amended to read as follows:

      293.602  1.  It is unlawful for any person or persons to solicit any funds, fees, dues or other [moneys] money for any organization the title of which incorporates the name, or any form of the name, of any political party in the State of Nevada, as defined in NRS 293.073, without first having obtained written approval therefor, or a charter for [such] that organization, from the central committee of the political party the name of which is being used or incorporated in the title of [such] that organization for the county in which [such] the funds are being solicited.


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ê1987 Statutes of Nevada, Page 357 (Chapter 152, AB 40)ê

 

      2.  Nothing in this section requires any person or organization to obtain such a charter or written approval if [such] the person or organization is:

      (a) Publicly organized for the sole and limited purpose of supporting the candidacy of a particular candidate in a single election.

      (b) Chartered by a national political party or organization.

      (c) Chartered by a state central committee in Nevada.

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

      Sec. 88.  NRS 293B.010 is hereby amended to read as follows:

      293B.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS [293B.025 to 293B.033, inclusive,] 293B.027, 293B.032 and 293B.033 have the meanings ascribed to them in those sections.

      Sec. 89.  NRS 293B.027 is hereby amended to read as follows:

      293B.027  “Election board” means the persons appointed by each county or city clerk to assist in the conduct of an election.

      Sec. 90.  NRS 293B.130 is hereby amended to read as follows:

      293B.130  Before any election where a mechanical voting system is to be used, the county or city clerk shall prepare or cause to be prepared a computer program on cards, tape or other material suitable for use with the computer or counting device to be employed for counting the votes cast. The program must cause the computer or counting device to operate in the following manner:

      1.  All lawful votes cast by each voter must be counted.

      2.  All unlawful votes, including but not limited to overvotes or, in a primary election, votes cast for a candidate of a political party other than the party, if any, of the voter’s registration, must not be counted.

      3.  If the election is:

      (a) A primary election held in an even-numbered year, other than a presidential preference primary; or

      (b) A general election,

the total votes, other than absentee votes and votes in a mailing precinct, must be accumulated by precinct.

      4.  The computer or counting device must halt or indicate by appropriate signal if a ballot is encountered which lacks a code indentifying the precinct in which it was voted and, in a primary election, identifying the political party of the voter.

      Sec. 91.  NRS 293B.140 is hereby amended to read as follows:

      293B.140  [Prior to] Before conducting the test required under NRS 293B.150, the county or city clerk shall appoint two persons who are not of the same political party to serve as an accuracy certification board.

      Sec. 92.  NRS 293B.150 is hereby amended to read as follows:

      293B.150  No sooner than 2 weeks [prior to] before the election day, the county or city clerk shall test the automatic tabulating equipment and programs to ascertain that the equipment and programs will correctly count the votes cast for all offices and on all measures.


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ê1987 Statutes of Nevada, Page 358 (Chapter 152, AB 40)ê

 

      Sec. 93.  NRS 293B.155 is hereby amended to read as follows:

      293B.155  1.  The tests prescribed by NRS 293B.150 and 293B.165 must be conducted by processing a preaudited group of logic and accuracy test ballots so punched or marked as to record a predetermined number of valid votes for each candidate and on each measure, and must include for each office one or more ballots which have votes in excess of the number allowed by law in order to test the ability of the automatic tabulating equipment and programs to reject [such] those votes.

      2.  If any error is detected, the cause therefor must be ascertained and corrected and an errorless count must be made before the automatic tabulating equipment and programs are approved.

      3.  When satisfied with the accuracy of the computer program, the accuracy certification board and the county or city clerk shall date and sign all reports, seal the program, the reports, and all test material in an appropriate container. The container must be kept sealed by the clerk.

      4.  The contents of such a sealed container are not subject to the inspection of anyone except in the case of a contested election, and then only by the judge, body or board before whom the election is being contested, or by the parties to the contest, jointly, pursuant to an order of [such] that judge, body or board.

      Sec. 94.  NRS 293B.185 is hereby amended to read as follows:

      293B.185  If the ballot is larger than the mechanical recording device can accommodate, the county or city clerk may place it upon more than one device or place part of it upon the recording device and the remainder upon paper.

      Sec. 95.  NRS 293B.210 is hereby amended to read as follows:

      293B.210  1.  If a mechanical voting system is used whereby a vote is cast by punching a card, the county or city clerk shall furnish sufficient lists of offices and candidates and the statements of measures to be voted on for the mechanical recording devices used at any election.

      2.  The secretary of state shall provide to or reimburse each county for all cards used in each primary or general election. Any reimbursement must be paid from the reserve for statutory contingency fund upon recommendation by the secretary of state and approval by the state board of examiners.

      Sec. 96.  NRS 293B.220 is hereby amended to read as follows:

      293B.220  The county or city clerk shall place the proper lists of offices and candidates and the statements of measures to be voted on on the mechanical recording devices, corresponding with the sample ballots provided for in this chapter, and shall put the devices in order, ready for use in voting.

      Sec. 97.  NRS 293B.225 is hereby amended to read as follows:

      293B.225  To prepare the mechanical recording device for an election, the county or city clerk shall employ competent persons [,] who must be sworn to perform their duties honestly and faithfully.

      Sec. 98.  NRS 293B.230 is hereby amended to read as follows:

      293B.230  The county or city clerk shall not appoint any person to prepare any mechanical recording device for an election unless he is fully qualified to perform his duties in connection with the complete preparation of the devices for the election and the instruction of the election officers and voters.


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ê1987 Statutes of Nevada, Page 359 (Chapter 152, AB 40)ê

 

qualified to perform his duties in connection with the complete preparation of the devices for the election and the instruction of the election officers and voters.

      Sec. 99.  NRS 293B.235 is hereby amended to read as follows:

      293B.235  The assistants referred to in NRS 293B.225 and 293B.230 shall, under the direction of the county or city clerk, prepare the mechanical recording devices for the election and provide for the delivery of the devices to the polling places of the election district in which the election is to be held, or to the custody of the chairman of the election board, together with all furniture and appliances necessary for the proper conduct of the election.

      Sec. 100.  NRS 293B.240 is hereby amended to read as follows:

      293B.240  In preparing a mechanical recording device for an election, the county or city clerk shall, according to the printed directions furnished, thoroughly test the device and arrange it so that it will in every particular meet with the requirements for voting and counting at the election.

      Sec. 101.  NRS 293B.245 is hereby amended to read as follows:

      293B.245  Before preparing mechanical recording devices for any election, the county clerk shall mail written notices to the chairmen of the county central committees of at least two of the principal political parties, stating the time and place where the devices will be prepared. At the specified time, one representative of each such political party must be afforded an opportunity to see that the devices are in proper condition for use in the election. The representatives shall not interfere with the persons assigned to prepare the devices or assume any of their duties.

      Sec. 102.  NRS 293B.250 is hereby amended to read as follows:

      293B.250  If the voting booth in which a mechanical recording device is to be installed is not equipped with a light, the county or city clerk may provide a light and direct that it be affixed to the booth or to the device.

      Sec. 103.  NRS 293B.260 is hereby amended to read as follows:

      293B.260  Within a reasonable time before each election, the county or city clerk shall instruct the members of the election board in the use of the mechanical voting system and in their duties in connection therewith.

      Sec. 104.  NRS 293B.270 is hereby amended to read as follows:

      293B.270  To give instruction in the mechanical voting system, the county or city clerk shall call any meeting of the election board which may be necessary. The members of the election board of each election precinct in which such a voting system is used shall attend any meeting called for the purpose of receiving instruction concerning their duties and necessary for the proper conduct of the election.

      Sec. 105.  NRS 293B.275 is hereby amended to read as follows:

      293B.275  The county or city clerk shall keep a record of attendance of those election officers receiving instruction in their duties in connection with the mechanical voting system. The clerk shall certify that the record is a list of election officers who have been instructed pursuant to NRS 293B.260. The list, when so certified, is prima facie evidence that the election officers have been properly instructed in their duties.


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ê1987 Statutes of Nevada, Page 360 (Chapter 152, AB 40)ê

 

      Sec. 106.  NRS 293B.305 is hereby amended to read as follows:

      293B.305  1.  In a primary election, a member of the election board for a precinct shall issue each nonpartisan voter a ballot of a distinctive color, code and printed designation identifying it as a nonpartisan ballot.

      2.  [At the direction of the clerk, the] The member of the election board shall then:

      (a) Direct the nonpartisan voter to a mechanical recording device containing a list of offices and candidates setting forth only the nonpartisan ballot;

      (b) Direct the nonpartisan voter to a mechanical recording device containing a list of offices and candidates arranged for a partisan ballot, instruct the voter to vote only the nonpartisan section of the list and advise the voter that any votes he may cast in the partisan section will not be counted; or

      (c) Issue a nonpartisan ballot attached to a sheet of foam plastic or similar backing material, a punching instrument, a sample nonpartisan ballot and an instruction sheet to the nonpartisan voter and instruct him to punch his ballot by reference to the sample ballot.

      Sec. 107.  NRS 293B.310 is hereby amended to read as follows:

      293B.310  In a primary election, the county clerk may require those partisan voters in a precinct or district whose political parties each comprise less than 5 percent of the registered voters for [such] that precinct or district to vote in the manner prescribed for nonpartisan voters in NRS 293B.305.

      Sec. 108.  NRS 293B.325 is hereby amended to read as follows:

      293B.325  The county clerk may order deputized officers to pick up all voted ballots from any or all of the precincts or districts after the polls have been opened for 5 hours. At least two such officers who are not members of the same political party shall deliver any ballots which are picked up early to the central counting place. The various boards operating the central counting place may begin to process those ballots upon receipt, but no reports may be printed by the counting device or computer until the polls have closed.

      Sec. 109.  NRS 293B.330 is hereby amended to read as follows:

      293B.330  Upon closing of the polls, the election board shall:

      1.  Secure all mechanical recording devices against further voting.

      2.  Count all ballots.

      3.  Account for all ballots on the ballot statement.

      4.  Place all official ballots, the ballot statement and any other records, reports and materials as directed by the county or city clerk into the container provided by him to transport those items to a central counting place and seal the container.

      Sec. 110.  NRS 293B.335 is hereby amended to read as follows:

      293B.335  1.  The chairman and at least one other member of the election board shall deliver the sealed container to a receiving center or to the central counting place, as directed by the county or city clerk. Insofar as is practicable, the other board member [shall] must be of a different political party than the chairman.


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ê1987 Statutes of Nevada, Page 361 (Chapter 152, AB 40)ê

 

      2.  The chairman shall provide for the transportation or other disposition of all other supplies and election materials as directed by the clerk.

      Sec. 111.  NRS 293B.340 is hereby amended to read as follows:

      293B.340  The county or city clerk may provide that an intermediate point other than the central counting place be designated as a receiving center for ballots in transit. In [such] that case, he shall appoint [officials] officers to inspect seals, issue receipts, maintain logs and effect the final transportation of ballots to the central counting place.

      Sec. 112.  NRS 293B.350 is hereby amended to read as follows:

      293B.350  The county or city clerk shall supervise the operation of the central counting place.

      Sec. 113.  NRS 293B.355 is hereby amended to read as follows:

      293B.355  When a computer or counting device owned or leased by the State of Nevada is used to count ballots, the county or city clerk and computer facility manager shall determine that such use complies with the provisions of this chapter. The clerk shall exercise his authority in a manner consistent with established procedures for the operation and use of the computer, so far as is practicable.

      Sec. 114.  NRS 294A.020 is hereby amended to read as follows:

      294A.020  1.  Every candidate for state, district, county [, city] or township office at a primary or general election shall, not later than:

      (a) Fifteen days before the primary election, for the period from the last election for that office up to 20 days before the primary election;

      (b) Fifteen days before the general election, whether or not the candidate won the primary election, for the period from 20 days before the primary election up to 20 days before the general election; and

      (c) Thirty days after the general election, for the remaining period up to the general election,

report his campaign expenses on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.

      2.  Except as provided in subsection 3, every candidate for a district office at a special election shall, not later than:

      (a) Fifteen days before the special election, for the period from his nomination up to 20 days before the special election; and

      (b) Thirty days after the special election, for the remaining period up to the special election,

report his campaign expenses on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.

      3.  Every candidate for state, district, county, municipal or township office at a special election to determine whether a public officer [shall] will be recalled shall report his campaign expenses on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury, 30 days after the special election, for the period from the filing of the notice of intent to circulate the petition for recall up to the special election.


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ê1987 Statutes of Nevada, Page 362 (Chapter 152, AB 40)ê

 

      4.  Reports of campaign expenses must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

      5.  County clerks who receive from candidates for legislative or judicial office, except the office of justice of the peace or municipal judge, reports of campaign expenses pursuant to subsection 2 shall file a copy of each report with the secretary of state.

      6.  Except as otherwise provided in this section, any candidate who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.

      Sec. 115.  NRS 294A.035 is hereby amended to read as follows:

      294A.035  1.  Every candidate for [municipal] city office where the general city election is preceded by a primary city election shall file the reports in the manner required by NRS 294A.010, 294A.020 and 294A.031 for other offices not later than:

      (a) Fifteen days before the primary city election, for the period from the last election for that office up to 20 days before the primary city election;

      (b) Fifteen days before the general city election, whether or not the candidate won the primary city election, for the period from 20 days before the primary city election up to 20 days before the general city election; and

      (c) Thirty days after the general city election, for the remaining period up to the general city election.

      2.  Every candidate for [municipal] city office where there is no primary city election shall so file those reports:

      (a) Twenty days before the general city election, for the period from the last election for that office up to 30 days before the general city election; and

      (b) Thirty days after the general city election, for the remaining period up to the general city election.

      Sec. 116.  NRS 294A.041 is hereby amended to read as follows:

      294A.041  1.  Every person who advocates the election of a candidate other than himself or the defeat of a candidate other than his opponent or advocates the election or defeat of a group of candidates not including himself or his opponent for national, congressional, state, district, county, municipal or township office at [a recall, special, primary or general] any election including any recall or special election, and every group of persons, whether formally or informally organized, which advocates the election or defeat of a candidate shall, not later than:

      (a) Fifteen days before [the] a primary election [,] or primary city election, for the period from the last election, for that office to 20 days before [the primary] that election;

      (b) Fifteen days before [the] a general election [,] or general city election, whether or not the candidate won the primary election [,] or primary city election, for the period from 20 days before [the primary] that election to 20 days before the general election [;] or general city election; and

 


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ê1987 Statutes of Nevada, Page 363 (Chapter 152, AB 40)ê

 

election to 20 days before the general election [;] or general city election; and

      (c) Thirty days after [the] a general election [,] or general city election, for the remaining period until the general election [,] or general city election,

report expenditures made on behalf of or against a candidate or group of candidates in excess of $500 on forms designed and provided by the secretary of state and signed by the person under penalty of perjury. The report must also include identification of expenditures which the person made cumulatively in excess of $500 since the beginning of the first reporting period. The report must not include any contributions which are required to be reported by a candidate pursuant to NRS 294A.010.

      2.  Expenditures made within the state or made elsewhere but for use within the state, including expenditures made outside the state for printing, television and radio broadcasting or other production of the media, must be included in the report. Expenditures made to communicate with the group’s own members on behalf of or against a candidate or group of candidates must not be included in the report.

      3.  If the candidate is elected from one county, the reports must be filed with the county clerk of that county. Otherwise, the reports must be filed with the secretary of state. If an expenditure is made on behalf of a group of candidates, the reports must be made to the officer appropriate for each candidate but need not be itemized by candidate. A person may make his report to the appropriate officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

      4.  Each county clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state.

      5.  Except as otherwise provided in this section, any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.

      Sec. 117.  NRS 294A.050 is hereby amended to read as follows:

      294A.050  1.  A newspaper, radio broadcasting station, outdoor advertising company, television broadcasting station, direct mail advertising company, printer or other person or group of persons which accepts, broadcasts, disseminates, prints or publishes advertising on behalf of any candidate or group of candidates or political advertising for any person other than a candidate shall make available for inspection, at any reasonable time beginning at least 10 days before each primary election, primary city election, general election or general city election and ending at least 30 days after the election, information setting forth the cost of all advertisements accepted and broadcast, disseminated or published for each candidate, group of candidates or person other than a candidate.

      2.  For purposes of this section the necessary cost information is made available if a copy of each bill, receipt or other evidence of payment made out for any such advertising is kept in a record or file, separate from the other business records of the enterprise and arranged alphabetically by name of the candidate or other person, at the principal place of business of the enterprise.


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ê1987 Statutes of Nevada, Page 364 (Chapter 152, AB 40)ê

 

of the candidate or other person, at the principal place of business of the enterprise.

      Sec. 118.  NRS 295.200 is hereby amended to read as follows:

      295.200  The registered voters of a city [have power:

      1.  To propose] may:

      1.  Propose ordinances to the council and, if the council fails to adopt an ordinance so proposed without change in substance, [to] adopt or reject it at a [municipal] city election.

      2.  [To require] Require reconsideration by the council of any adopted ordinance and, if the council fails to repeal an ordinance so reconsidered, [to] approve or reject it at a [municipal] city election.

      Sec. 119.  NRS 295.205 is hereby amended to read as follows:

      295.205  1.  Any five registered voters of the city may commence initiative or referendum proceedings by filing with the city clerk an affidavit stating they will constitute the petitioners’ committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered.

      2.  Initiative petitions must be signed by a number of registered voters of the city equal to 15 percent or more of the number of voters who voted at the last preceding [municipal] city election.

      3.  Referendum petitions must be signed by a number of registered voters of the city equal to 10 percent or more of the number of voters who voted at the last preceding [municipal] city election.

      4.  A petition may consist of more than one document, but all documents of a petition [shall] must be uniform in size and style and [shall be] assembled as one instrument for filing. Each signature [shall] must be executed in ink or indelible pencil and [shall be] followed by the address of the person signing. Each document [shall] must contain or have attached thereto throughout its circulation the full text of the ordinance proposed or sought to be reconsidered.

      5.  Each document of a petition [shall] must have attached to it when filed an affidavit executed by the circulator thereof stating that he personally circulated the document, the number of signatures thereon, that all the signatures were affixed in his presence, that he believes them to be genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.

      Sec. 120.  NRS 295.215 is hereby amended to read as follows:

      295.215  1.  When an initiative or referendum petition has been finally determined sufficient, the council shall promptly consider the proposed initiative ordinance in the manner provided by law for the consideration of ordinances generally or reconsider the referred ordinance by voting its repeal. If the council fails to adopt a proposed initiative ordinance without any change in substance within 60 days or fails to repeal the referred ordinance within 30 days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the registered voters of the city.


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ê1987 Statutes of Nevada, Page 365 (Chapter 152, AB 40)ê

 

ordinance within 30 days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the registered voters of the city.

      2.  The vote of the city on a proposed or referred ordinance [shall] must be held not less than 30 days and not later than 1 year [from] after the date of the final [council] vote of the council thereon. If no regular [municipal] city election is to be held within the period prescribed in this subsection, or if the deadline for placing questions on the ballot has passed when the time for action by the board expires, the council shall provide for a special election . [; otherwise,] Otherwise the vote [shall] must be held at the [same time as such] primary or general [municipal] city election, except that the council may [in its discretion] provide for a special election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance [shall] must be made available at the polls.

      3.  An initiative or referendum petition may be withdrawn at any time [prior to] before the 30th day preceding the day scheduled for a vote of the city or the deadline for placing questions on the ballot, whichever is earlier, by filing with the city clerk a request for withdrawal signed by at least four members of the petitioners’ original committee. Upon the filing of [such] that request the petition [shall have] has no further [force or] effect and all proceedings thereon [shall] must be terminated.

      Sec. 121.  NRS 266.050 is hereby amended to read as follows:

      266.050  Any city now or hereafter organized under a special charter may surrender [such] that charter and become organized under this chapter in the following manner:

      1.  Whenever a petition signed by 15 percent of the qualified electors of the city, as [the same appears] they appear from the registration list of qualified electors at the last preceding [municipal] city election for city officers, [shall be] is presented to the legislative body of [such] that city, praying that [such] the special charter may be surrendered, and that [such city shall become] the city is to be organized under the provisions of this chapter, the city council shall submit [such] the question at a special election and appoint a time and place [or places] at which [such vote may] the vote must be taken.

      2.  Notice of the special election [shall] must be given and [such] the special election [shall] must be held and conducted in [all respects as nearly as may be as provided in this chapter for the holding of] the same manner as other special [municipal] city elections.

      3.  If a majority of the votes cast at [such] the special election [shall be] are for city organization under this chapter, [such] the city shall , from the date the results of the election are declared , be deemed to have surrendered its charter and to be organized under this chapter.

      Sec. 122.  NRS 266.080 is hereby amended to read as follows:

      266.080  1.  When any city now existing under a special charter [shall be] is organized under the provisions of this chapter, or [shall,] by proclamation of the governor, [become] becomes a city of the second class, or any city of the second class [shall in like manner become] becomes a city of the first class, the officers then in office [shall] continue to be officers of the city until the next [municipal] city election, and until their successors [shall be duly] are elected and qualified.


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ê1987 Statutes of Nevada, Page 366 (Chapter 152, AB 40)ê

 

or any city of the second class [shall in like manner become] becomes a city of the first class, the officers then in office [shall] continue to be officers of the city until the next [municipal] city election, and until their successors [shall be duly] are elected and qualified.

      2.  When new territory is organized as a city, by petition and election of officers, the officers first elected [shall] serve until the next [municipal] city election, and until their successors [be duly] are elected and qualified.

      Sec. 123.  NRS 266.415 is hereby amended to read as follows:

      266.415  Except as otherwise provided by law, the term of office of all appointive officers [shall be] continues until the [municipal] city election next following their appointment and until their successors are [duly] appointed and qualified, unless sooner removed by the mayor, with the concurrence of a majority of the members of the city council [; but] , except that any such person so appointed may be removed by the votes of all the members of the city council, if the council [shall] so provides by resolution . [so provide.]

      Sec. 124.  NRS 266.775 is hereby amended to read as follows:

      266.775  1.  Whenever one-fourth of the registered voters of any city now existing or hereafter created by general law [shall] petition the district court in and for the county wherein [such] the corporation is situated for the disincorporation of the city, the district court shall cause to be published, for at least 30 days, a notice stating the question of disincorporating [such] the corporation will be submitted to the registered voters of the [same] corporation at the next [municipal] city election, or at a special election as the petition [shall] may request, and the form of the ballot [shall] must be “For Disincorporation” or “Against Disincorporation.” Not more than one of [such elections shall] those elections may be held in 2 years.

      2.  [In the event that] If a special election is requested in the petition, the district court shall set the date of the special election not less than 45 nor more than 60 days [from] after the date of the first publication of notice.

      3.  The registered voters provided for in this section [shall] must be determined from the registration lists as taken from the office of the county clerk for all precincts in the city at the last general election held in the county.

      Sec. 125.  NRS 266.780 is hereby amended to read as follows:

      266.780  The vote [shall] must be taken and canvassed in the same manner as in other [municipal] city elections, and return thereof made to the district court. If the court finds that a majority of the legal votes are cast “For Disincorporation,” [then] a judgment [shall] must be entered disincorporating the [same,] corporation, and upon the entry of the judgment , its corporate powers [shall] cease.

      Sec. 126.  NRS 267.110 is hereby amended to read as follows:

      267.110  1.  Any city having adopted a charter under the provisions of NRS 267.010 to 267.140, inclusive, [shall have,] has, under the charter:

      (a) All of the powers enumerated in the general laws of the state for the incorporation of cities.


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

ê1987 Statutes of Nevada, Page 367 (Chapter 152, AB 40)ê

 

      (b) Such other powers necessary and not in conflict with the constitution and laws of the State of Nevada to carry out the commission form of government.

      2.  The charter, when submitted, [shall:] must:

      (a) Fix the number of commissioners, their terms of office [,] and their duties and compensation.

      (b) Provide for all necessary appointive and elective officers for the form of government therein provided, and fix their salaries and emoluments, their duties and powers.

      (c) Fix, in accordance with the provisions of [NRS 266.623 and 266.626] sections 3 and 4 of this act or with the provisions of [NRS 266.629,] section 5 of this act, the time for the first and subsequent elections for all elective officers, and, after [such] the first election and the qualification of the officers thereat elected, the old officers [,] and all boards or officers [shall] must be abolished, together with the emoluments thereof, and [shall] cease to exist.

      3.  If this form of government [shall be] is adopted by any unincorporated town or unincorporated area, the board of county commissioners shall fix the boundaries of the new city in accordance with the petition therefor, and shall, by resolution, declare [such city duly] that city incorporated under the provisions of NRS 267.010 to 267.140, inclusive.

      Sec. 127.  NRS 268.010 is hereby amended to read as follows:

      268.010  1.  As used in this section, “city” means an incorporated city or incorporated town.

      2.  An amendment to the charter of a city may be:

      (a) Made by the legislature.

      (b) Proposed and submitted to the registered voters of the city by a majority of the whole governing body, and must be so submitted by a petition signed by registered voters of the city equal [in number] to 15 percent or more of the voters who voted at the last preceding general [municipal] city election, setting forth the proposed amendments.

      3.  An amendment proposed pursuant to paragraph (b) of subsection 2 must be submitted at the next general [municipal] city election or at a special election.

      4.  The city attorney shall draft any amendment proposed in the petition mentioned in paragraph (b) of subsection 2 and an explanation thereof for submission to the registered voters.

      5.  The petition must be filed with the city clerk. It must be in the form and its sufficiency must be determined in the manner provided for city initiative petitions.

      6.  When an amendment is adopted by the registered voters of the city, the city clerk shall, within 30 days thereafter, transmit a certified copy of the amendment to the legislative counsel.

      Sec. 128.  NRS 266.623, 266.626, 266.629, 266.632, 266.634, 266.637, 266.641, 268.407 and 293B.025 are hereby repealed.


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

ê1987 Statutes of Nevada, Page 368 (Chapter 152, AB 40)ê

 

      Sec. 129.  At the first general city election held after July 1, 1987:

      1.  In a city of the first class whose city councilmen serve terms of 2 years:

      (a) Four councilmen must be elected to terms of 2 years.

      (b) Five councilmen must be elected to terms of 4 years.

      2.  In a city of the second class with three city councilmen who serve terms of 2 years:

      (a) One councilman must be elected to a term of 2 years.

      (b) Two councilmen must be elected to terms of 4 years.

      3.  In a city of the second class with five city councilmen who serve terms of 2 years:

      (a) Two councilmen must be elected to terms of 2 years.

      (b) Three councilmen must be elected to terms of 4 years.

      4.  In a city of the third class whose mayor and city councilmen serve terms of 2 years:

      (a) The mayor and one councilman must be elected to terms of 2 years.

      (b) Two councilmen must be elected to terms of 4 years.

Thereafter, the terms of all such offices must be 4 years.

      Sec. 130.  Sections 33 and 95 of this act become effective at 12:01 a.m. on July 1, 1987.

 

________

 

 

CHAPTER 153, AB 77

Assembly Bill No. 77–Committee on Taxation

CHAPTER 153

AN ACT relating to local financial administration; changing the basis for the annual increase of the limit upon revenue from taxes ad valorem; and providing other matters properly relating thereto.

 

[Approved May 9, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 354.59811 is hereby amended to read as follows:

      354.59811  For each fiscal year beginning on or after July 1, 1983, the revenue of the local government from taxes ad valorem, except those levied for debt service, must not exceed the amount calculated as follows:

      1.  The rate must be set so that when applied to the current fiscal year’s assessed valuation of all property which was on the preceding fiscal year’s assessment roll it will produce 104.5 percent of the [revenue received] maximum revenue allowable from taxes ad valorem [in] for the preceding fiscal year.


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

ê1987 Statutes of Nevada, Page 369 (Chapter 153, AB 77)ê

 

      2.  This rate must be applied to the total assessed valuation, including new real property, possessory interests and mobile homes, for the current fiscal year.

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

 

________

 

 

CHAPTER 154, AB 276

Assembly Bill No. 276–Assemblyman Swain

CHAPTER 154

AN ACT relating to retail installment contracts; prohibiting a fee for the cancellation of a retail installment contract unless notice of the fee is clearly stated in the contract; and providing other matters properly relating thereto.

 

[Approved May 12, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 97.165 is hereby amended to read as follows:

      97.165  1.  Every retail installment contract [shall] must be contained in a single document which [shall] must contain the entire agreement of the parties, including any promissory notes or other evidences of indebtedness between the parties relating to the transaction, except as provided in NRS 97.205 and 97.235, but:

      (a) Where the buyer’s obligation to pay the time balance is represented by a promissory note secured by a chattel mortgage or other security agreement, the promissory note may be a separate instrument if the mortgage or security agreement recites the amount and terms of payment of such note and the promissory note recites that it is secured by a mortgage or security agreement.

      (b) In a transaction involving the repair, alteration or improvement upon or in connection with real property, the contract may be secured by a mortgage or deed of trust on the real property contained in a separate document. Home improvement retail sales transactions which are financed or insured by the Federal Housing Administration are not subject to the provisions of this chapter.

      2.  The contract [shall] must be dated, signed by the retail buyer and completed as to all essential provisions, except as otherwise provided in NRS 97.205, 97.215 and 97.235. The printed or typed portion of the contract, other than instructions for completion, [shall] must be in a size equal to at least 8-point type.

      3.  Any fee charged to the retail buyer for his cancellation of a retail installment contract within 72 hours after its execution is prohibited unless notice of the fee is clearly set forth in the printed or typed portion of the contract.

 

________


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

ê1987 Statutes of Nevada, Page 370ê

 

CHAPTER 155, AB 232

Assembly Bill No. 232–Committee on Government Affairs

CHAPTER 155

AN ACT relating to the public employees’ retirement system; revising provisions governing eligibility for participation in the program for early retirement of police officers and firemen; and providing other matters properly relating thereto.

 

[Approved May 12, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 286 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The board shall, with the advice of the interim retirement committee:

      (a) Adopt regulations for the evaluation of requests for enrollment under the police and firemen’s retirement fund; and

      (b) Determine those positions eligible under the early retirement provisions for police officers and firemen.

      2.  Service in any position which has not been determined by the board to be eligible does not entitle a member to early retirement as a fireman or police officer.

      Sec. 2.  NRS 286.042 is hereby amended to read as follows:

      286.042  [1.] “Fireman” means a member who is [a full-time employee of] :

      1.  Filling a full-time position with a participating public employer, [whose] the principal duties [are] of which require emotional stability and physical capacity in protecting the public and controlling and extinguishing fires . [and who is:

      (a) A fireman or fire inspector with a city fire department or fire district;

      (b) A fireman or fire inspector with a county fire department or fire district;

      (c) A fireman with a fire protection district or the Airport Authority of Washoe County;

      (d) A fireman in the division of forestry of the state department of conservation and natural resources; or

      (e)] 2.  The former holder of [one of the positions enumerated in paragraphs (a) to (d), inclusive,] a position defined in subsection 1 who has [been promoted] :

      (a) Earned at least 2 years of creditable service in that position; and

      (b) Been promoted or transferred within the chain of command by the same public employer to a position related to protecting the public and controlling and extinguishing fires.

      [2.  The board may, subject to statutory limitations, adopt regulations stipulating employee positions in these categories whose holders shall be deemed “firemen.” Service in any position not enumerated in this section does not entitle a member to early retirement as a fireman.]

      3.  The former holder of a position defined in subsection 1 who:

      (a) Has earned at least 2 years of creditable service in that position; and


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

ê1987 Statutes of Nevada, Page 371 (Chapter 155, AB 232)ê

 

      (b) Is employed by a different public employer in a position that would have been eligible under paragraph (b) of subsection 2 had he remained with his former employer.

      Sec. 3.  NRS 286.061 is hereby amended to read as follows:

      286.061  [1.] “Police officer” means a member [,] who is [a full-time employee of] :

      1.  Filling a full-time position with a participating public employer, [whose] the principal duties [consist of] of which require emotional stability and physical capacity in protecting the public and enforcing the laws of the State of Nevada or any of its political subdivisions . [and who is:

      (a) A member of the Nevada highway patrol who exercises the police powers specified in NRS 481.180;

      (b) The sheriff of a county or of a metropolitan police department, a detective or a deputy sheriff;

      (c) The chief of police of an incorporated city or unincorporated town, a detective or a subordinate police officer;

      (d) A correctional officer of the state prison whose duties require daily contact with the prisoners for a majority of his work;

      (e) A guard, jailer or matron of a county or city jail;

      (f) An agent of the investigation division of the department of motor vehicles and public safety;

      (g) Any person who, before July 1, 1977, was a member of the University of Nevada System police department, or a special investigator employed by the attorney general or by a district attorney, or a correctional officer of the state prison whose duties did not require daily contact with the prisoners for a majority of his work;

      (h) Any person who, before July 1, 1979, was a parole or probation officer of the department of parole and probation; or

      (i)] 2.  The former holder of [one of the positions enumerated in paragraphs (a) to (f), inclusive, or a person eligible under paragraph (g) or (h),] a position defined in subsection 1 who has [been promoted] :

      (a) Earned at least 2 years of creditable service in that position; and

      (b) Been promoted or transferred within the chain of command by the same public employer to a position related to the protection of the public and law enforcement.

      [2.  The board may, subject to statutory limitations, adopt regulations stipulating employee positions in these categories whose holders shall be deemed police officers. Service in any position not enumerated in this section does not entitle a member to early retirement as a police officer.]

      3.  The former holder of a position defined in subsection 1 who:

      (a) Has earned at least 2 years of creditable service in that position; and

      (b) Is employed by a different employer in a position that would have been eligible under paragraph (b) of subsection 2 had he remained with his former employer.


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

ê1987 Statutes of Nevada, Page 372 (Chapter 155, AB 232)ê

 

      Sec. 4.  NRS 286.421 is hereby amended to read as follows:

      286.421  1.  Beginning July 1, 1985, a participating public employer shall pay on behalf of an employee the contributions required by subsection 1 of NRS 286.410 if:

      (a) The employee is hired after July 1, 1985; or

      (b) The employee’s benefits have vested pursuant to NRS 286.6793.

The employer shall begin paying an employee’s portion of contribution on the date his benefits vest, if they vest after July 1, 1985.

      2.  Except for persons chosen by election or appointment to serve in elective offices of a political subdivision or as district judges of this state, any such payment of the employee’s portion of the contributions must be:

      (a) Made in lieu of equivalent basic salary increases or cost-of-living increases, or both; or

      (b) Counterbalanced by equivalent reductions in employees’ salaries.

      3.  Except in the case of the elective officers described in subsection 2, the average compensation from which the amount of benefits payable pursuant to this chapter is determined must be increased with respect to each month beginning after June 30, 1975, by 50 percent of the contribution made by the public employer, and must not be less than it would have been if contributions had been made by the member and the public employer separately. In the case of the elective county officers described in subsection 2, any contribution made by the public employer on their behalf does not affect their compensation but is an added special payment.

      4.  Employee contributions made by a public employer must be deposited in either the public employees’ retirement fund or the police and firemen’s retirement fund as is appropriate. These contributions must not be credited to the individual account of the member and may not be withdrawn by the member upon his termination.

      5.  The membership of an employee who became a member on or after July 1, 1975, and all contributions on whose behalf were made by his public employer must not be canceled upon the termination of his service.

      6.  If an employer is paying the basic contribution on behalf of an employee the total contribution rate is, in lieu of the amounts specified in subsection 1 of NRS 286.410 and [subsection 1 of] NRS 286.450:

      (a) For all employees except police officers and firemen, 15 percent of compensation; and

      (b) For police officers and firemen, 18 percent of compensation,

plus in each case any increase required by NRS 286.465. A public employer which is paying the basic contribution on behalf of its employees must, to the extent that the respective percentage rates of the contribution are increased above the rates set forth in this section on May 19, 1975, require each employee to pay one-half of the amount of the increase as provided in subsection 2.

      7.  For the purposes of adjusting salary increases and cost-of-living increases or of salary reduction, the total contribution must be equally divided between employer and employee.


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

ê1987 Statutes of Nevada, Page 373 (Chapter 155, AB 232)ê

 

      8.  Public employers other than the State of Nevada shall pay the entire employee contribution for those employees who contribute to the police and firemen’s retirement fund on and after July 1, 1981, and may before that date pay all or part of this contribution. The State of Nevada shall pay the entire contribution on and after July 1, 1983, for:

      (a) Members of the Nevada highway patrol; and

      (b) Firemen in the division of forestry of the state department of conservation and natural resources,

who contribute to the police and firemen’s retirement fund.

      Sec. 5.  NRS 286.450 is hereby amended to read as follows:

      286.450  [1.] The employer contribution rate is 9 percent of compensation for police officers and firemen and 8 percent of compensation for all other members, plus in each case one-half of any increase required by NRS 286.465.

      [2.  The public employer of any employee whose position is determined after July 1, 1971, to be eligible under the early retirement provisions for police officers and firemen shall contribute the additional contributions required of police officers and firemen from July 1, 1971, to the date of his enrollment under the police and firemen’s retirement fund, if employment in this position occurred before July 1, 1971, or from date of employment in this position to the date of his enrollment under the police and firemen’s retirement fund, if employment occurs later.]

      Sec. 6.  The public employees’ retirement board shall allow any member who is serving in a position for which he is enrolled under the police and firemen’s retirement fund on July 1, 1987, to continue to be eligible under the early retirement provisions for police officers and firemen as long as he remains in that position.

 

________

 

 

CHAPTER 156, SB 244

Senate Bill No. 244–Committee on Commerce and Labor

CHAPTER 156

AN ACT relating to waste management; removing the requirement that areawide waste management plans be revised at specific times; transferring the duty to review these plans to the department of conservation and natural resources; and providing other matters properly relating thereto.

 

[Approved May 12, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 244A.571 is hereby amended to read as follows:

      244A.571  1.  The officers of the county [are authorized and directed to] shall develop an areawide waste management plan pursuant to NRS 244A.459, subject to the approval of the state department of [human resources.]


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

ê1987 Statutes of Nevada, Page 374 (Chapter 156, SB 244)ê

 

resources.] conservation and natural resources. The county officers may revise this plan as often as they deem it necessary. A plan [shall] must include but need not be limited to the following:

      (a) The identification of treatment works necessary to meet the anticipated municipal and industrial [waste treatment] needs of the area for the treatment of waste over a 20-year period, [annually updated (including] with an analysis of alternative [waste treatment systems),] systems, including:

             (1) Any requirements for the acquisition of land ; [for treatment purposes;]

             (2) The necessary systems for collection of waste water [collection] and management of urban storm water runoff ; [systems;] and

             (3) A program to provide the necessary financial arrangements for the development of [such] the treatment works;

      (b) The establishment of [construction] priorities for [such] the construction of the treatment works and time schedules for the initiation and completion of all treatment works;

      (c) The establishment of a regulatory program to:

             (1) [Implement] Carry out the waste treatment management requirements of section 201(c) of P.L. 926-500 (33 U.S.C. § 1281(c));

             (2) Regulate the location, modification and construction of any facilities within [such] the area which may result in any discharge in the area; and

             (3) [Assure] Ensure that any industrial or commercial wastes discharged into any treatment works in [such] the area meet applicable pretreatment requirements;

      (d) The identification of those agencies necessary to construct, operate and maintain all facilities required by the plan and otherwise to carry out the plan;

      (e) The identification of the measures necessary to carry out the plan (including financing), the period [of time] necessary to carry out the plan, the costs of carrying out the plan within [such time,] that period, and the economic, social and environmental [impact] effect of carrying out the plan within [such time;] that period;

      (f) A process to:

             (1) Identify, if appropriate, agriculturally and silviculturally related nonpoint sources of pollution, including runoff from [manure disposal] areas used for the disposal of manure and from land used for the production of livestock and [crop production;] crops; and

             (2) Set forth procedures and methods [(including land use requirements)] , including requirements for land use, to control to the extent feasible [such] those sources;

      (g) A process to:

             (1) Identify, if appropriate, mine-related sources of pollution including new, current and abandoned surface and underground mine runoff; and

             (2) Set forth procedures and methods [(including land use requirements)] , including requirements for land use, to control to the extent feasible [such] those sources;


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

ê1987 Statutes of Nevada, Page 375 (Chapter 156, SB 244)ê

 

      (h) A process to:

             (1) Identify [construction activity related] sources of pollution [;] related to construction; and

             (2) Set forth procedures and methods [(including land use requirements)] , including requirements for land use, to control to the extent feasible [such] those sources;

      (i) A process to:

             (1) Identify, if appropriate, salt water intrusion into rivers, lakes and estuaries resulting from reduction of fresh water flow from any cause, including irrigation, obstruction, ground water extraction and diversion; and

             (2) Set forth procedures and methods to control such an intrusion to the extent feasible where [such] the procedures and methods are otherwise a part of the waste treatment management plan;

      (j) A process to control the disposition of all residual waste generated in [such] the area which could affect water quality; and

      (k) A process to control the disposal of pollutants on land or in subsurface excavations within [such] the area to protect the quality of ground and surface water . [quality.]

      2.  In developing the elements of the areawide waste management plan, the county shall provide the most efficient areawide management system for the area.

 

________

 

 

CHAPTER 157, AB 124

Assembly Bill No. 124–Committee on Judiciary

CHAPTER 157

AN ACT relating to partnerships; expanding the authority of partners to sell property of a partnership without unanimous approval; exempting foreign limited partnerships from certain requirements concerning fictitious names; temporarily expanding the authority of general partners to change the name of a limited partnership; and providing other matters properly relating thereto.

 

[Approved May 12, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 87.090 is hereby amended to read as follows:

      87.090  1.  Every partner is an agent of the partnership for the purpose of its business, and the act of every partner, including the execution in the partnership name of any instrument, for apparently carrying on in the usual way the business of the partnership of which he is a member binds the partnership, unless the partner so acting has in fact no authority to act for the partnership in the particular matter, and the person with whom he is dealing has knowledge of the fact that he has no such authority.


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ê1987 Statutes of Nevada, Page 376 (Chapter 157, AB 124)ê

 

      2.  An act of a partner which is not apparently for the carrying on of the business of the partnership in the usual way does not bind the partnership unless authorized by the other partners.

      3.  [Unless] Except as otherwise provided in subsection 5, unless authorized by the other partners or unless they have abandoned the business, one or more but less than all the partners have no authority to:

      (a) Assign the partnership property in trust for creditors or on the assignee’s promise to pay the debts of the partnership ; [,]

      (b) Dispose of the good will of the business ; [,]

      (c) Do any other act which would make it impossible to carry on the ordinary business of a partnership ; [,]

      (d) Confess a judgment [,] ; or

      (e) Submit a partnership claim or liability to arbitration or reference.

      4.  No act of a partner in contravention of a restriction on authority shall bind the partnership to persons having knowledge of the restriction.

      5.  One or more of the partners designated in an agreement among all of the partners may sell all or substantially all of the property of the partnership without the unanimous approval or consent of the partners if:

      (a) The sale is approved by a vote; or

      (b) The prior consent of the partners for a sale of all or substantially all of the property has been given in an agreement among the partners,

and written notice of the sale is sent by registered or certified mail to all partners at least 15 days before the date of the sale.

      Sec. 2.  NRS 602.080 is hereby amended to read as follows:

      602.080  1.  Partnerships which were engaged in business [prior to] before March 20, 1923, and which had complied with the provisions of chapter 40, Statutes of Nevada 1887, [shall not be] are not required to comply with the provisions of this chapter except as to subsequent changes in membership of the partnerships.

      2.  Limited partnerships formed and foreign limited partnerships registered pursuant to chapter 88 of NRS are not required to comply with the provisions of this chapter.

      Sec. 3.  Unless the partnership agreement specifies a different number or proportion, a majority of the general partners of a limited partnership in existence on January 1, 1987, may, within 1 year after the effective date of this act, change the name of the limited partnership to comply with the provisions of NRS 88.320. The general partners shall notify the limited partners of such a change within 1 year after its effective date.

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

 

________


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ê1987 Statutes of Nevada, Page 377ê

 

CHAPTER 158, SB 18

Senate Bill No. 18–Committee on Commerce and Labor

CHAPTER 158

AN ACT relating to manufactured homes; authorizing the designation of certain persons to issue citations for misdemeanors; and providing other matters properly relating thereto.

 

[Approved May 12, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 489.145 is hereby amended to read as follows:

      489.145  “Serviceman” means a person who owns or is the responsible managing employee of a business which installs or repairs awnings, roofing , [or] skirting , plumbing, heating or electrical systems on or in manufactured homes, mobile homes or commercial coaches, except:

      1.  Any person employed by a licensed manufacturer; and

      2.  The owner or purchaser of a manufactured home, mobile home or commercial coach.

      Sec. 2.  NRS 171.17751 is hereby amended to read as follows:

      171.17751  1.  Any board of county commissioners or governing body of a city may designate the chief officer of the organized fire department or any employees designated by him, and certain of its inspectors of solid waste management, building, housing and licensing inspectors, animal control officers and traffic engineers to prepare, sign and serve written citations on persons accused of violating a county or city ordinance.

      2.  The state health officer and the health officer of each county, district and city may designate certain of his employees to prepare, sign and serve written citations on persons accused of violating any law, ordinance or regulation of a board of health which relates to public health.

      3.  The chief of the manufactured housing division of the department of commerce may designate certain of his employees to prepare, sign and serve written citations on persons accused of violating any law or regulation of the division relating to the provisions of chapters 118B, 461, 461A and 489 of NRS.

      4.  An employee designated pursuant to this section:

      (a) May exercise the authority to prepare, sign and serve citations only within the field of enforcement in which he works;

      (b) May , if he is employed by a city or county, prepare, sign and serve a citation only to enforce an ordinance of the city or county by which he is employed; and

      (c) Shall comply with the provisions of NRS 171.1773.

 

________


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

ê1987 Statutes of Nevada, Page 378ê

 

CHAPTER 159, AB 199

Assembly Bill No. 199–Committee on Natural Resources, Agriculture and Mining

CHAPTER 159

AN ACT relating to procedure in criminal cases; enacting the Interstate Compact for Jurisdiction on the Colorado River; and providing other matters properly relating thereto.

 

[Approved May 12, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 171 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  The Interstate Compact for Jurisdiction on the Colorado River, set forth in full in section 3 of this act, is hereby enacted into law.

      Sec. 3.  The Interstate Compact for Jurisdiction on the Colorado River is as follows:

 

ARTICLE I-Purpose and Policy

 

      1.  The legislature finds that law enforcement has been impaired in sections of the Colorado River forming an interstate boundary because of difficulty in determining precisely where a criminal act was committed.

      2.  The legislature intends that a person committing an act which is illegal in both states not be freed merely because neither state could establish that a crime was committed within its boundaries.

      3.  The Interstate Compact for Jurisdiction on the Colorado River is enacted to provide for enforcement of the laws of this state with regard to certain acts committed on the Colorado River, or any lake formed by or a part of the Colorado River, on either side of the boundary line with an adjoining state.

 

ARTICLE II-Definitions

 

      As used in this compact, unless the context otherwise requires, “party state” means a state which has enacted this compact.

 

ARTICLE III-Concurrent Jurisdiction

 

      1.  If conduct is prohibited by two adjoining party states, courts and law enforcement officers in either state who have jurisdiction over criminal offenses committed in a county where the Colorado River, or any lake formed by or a part of the Colorado River, forms a common interstate boundary have concurrent jurisdiction to arrest, prosecute and try offenders for the prohibited conduct committed anywhere on the body of water forming a boundary between the two states.


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

ê1987 Statutes of Nevada, Page 379 (Chapter 159, AB 199)ê

 

      2.  This compact does not authorize:

      (a) Prosecution of any person for conduct which is lawful in the state where it was committed.

      (b) Any conduct prohibited by a party state.

 

ARTICLE IV-Ratification

 

      This compact is ratified by enactment of the language of this compact, or substantially similar language expressing the same purpose, by at least two states of which the Colorado River forms a common boundary.

      Sec. 4.  The governor shall notify appropriate officers in the states party to the Interstate Compact for Jurisdiction on the Colorado River of the ratification by this state of that compact.

 

________

 

 

CHAPTER 160, AB 329

Assembly Bill No. 329–Assemblyman Banner

CHAPTER 160

AN ACT relating to county recorders; eliminating the requirement that the county recorder note any amendment to certain maps and surveys on the original if the county recorder maintains a cumulative index for the maps, surveys and amendments; and providing other matters properly relating thereto.

 

[Approved May 12, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:

      If a county recorder maintains a cumulative index, he shall indicate on any copy of a plot, plat, map or survey which he provides that subsequent changes to that document should be examined and may be determined by reference to the cumulative index.

      Sec. 2.  NRS 278.390 is hereby amended to read as follows:

      278.390  Title to property dedicated or accepted for streets and easements passes when the final map is recorded. If at the time the final map is approved any streets are rejected, the offer of dedication shall be deemed to remain open and the governing body may by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets for public use . [, which acceptance shall] The acceptance must be recorded in the office of the county recorder and be so noted by the recorder on the subdivision plot [.] , if the county recorder does not maintain a cumulative index for such plots and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the amendment.


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

ê1987 Statutes of Nevada, Page 380 (Chapter 160, AB 329)ê

 

      Sec. 3.  NRS 278.473 is hereby amended to read as follows:

      278.473  1.  If an error or omission is found in any subdivision plat, record of survey, parcel map, map of division into large parcels, or reversionary map and the correction does not change or purport to change the physical location of any survey monument, property line or boundary line, the county surveyor or governing body may cause a certificate of amendment to be filed and recorded. The surveyor who made the survey shall prepare and record the certificate within 90 days after notification by the county surveyor or governing body. If the surveyor is no longer professionally active in the county , the county surveyor or a registered land surveyor appointed by the board of county commissioners shall prepare the certificate.

      2.  The certificate of amendment [shall:] must:

      (a) Be in the form of a letter addressed to the county surveyor or the governing body;

      (b) Specify the title and recording date of the document being amended;

      (c) Concisely state the date being amended and the correction or omission;

      (d) Be dated, signed and sealed by the surveyor preparing the certificate; and

      (e) Contain the following statement, dated and signed by the county surveyor or a registered land surveyor appointed by the county governing body:

 

       I hereby certify that I have examined the certificate of amendment and that the changes to the original document specified therein are provided for in applicable sections of NRS 278.010 to 278.630, inclusive, [NRS] 625.340 to 625.380, inclusive, and local ordinances adopted pursuant thereto, and I am satisfied that this certificate of amendment so amends the document as to make it technically correct.

 

      3.  Upon the recording of a certificate of amendment, the county recorder shall cause a proper notation to be entered upon all recorded sheets of the original document being amended [.] , if the county recorder does not maintain a cumulative index for such maps and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the amendment.

      Sec. 4.  NRS 278.477 is hereby amended to read as follows:

      278.477  1.  Any amendment of a recorded subdivision plat, parcel map, map of division into large parcels, or record of survey which changes or purports to change the physical location of any survey monument, property line or boundary line is subject to the following requirements:

      (a) If the proposed amendment is to a parcel map, map of division into large parcels, or record of survey the same procedures and requirements apply as in the original filing.

      (b) If the proposed amendment is to a subdivision plat only those procedures for the approval and filing of a final map and the requirements of subsection 2 apply.


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

ê1987 Statutes of Nevada, Page 381 (Chapter 160, AB 329)ê

 

      2.  Any amended plat, map or survey [shall:] must:

      (a) Be identical in size and scale to the document being amended, drawn in the manner and on the material provided by law;

      (b) Have the words “Amended Plat of” prominently displayed on each sheet above the title of the document amended;

      (c) Have a blank margin for the county recorder’s index information;

      (d) Have a 3-inch square adjacent to and on the left side of the existing square for the county recorder’s information and stamp;

      (e) Contain the certificate required by NRS 278.374 or an order of the district court of the county in which the land is located that the amendment may be approved without all the necessary signatures [when such] if the order is based upon a finding that a bona fide effort was made to communicate with the necessary persons, that all persons who responded have consented thereto and that the amendment does not adversely affect the persons who did not respond;

      (f) Contain a certificate of the registered land surveyor who prepared the amendment stating that it complies with all pertinent sections of NRS 278.010 to 278.630, inclusive, and [NRS] 625.340 to 625.380, inclusive, and with any applicable local ordinance; and

      (g) Contain a certificate executed by the appropriate county surveyor, county engineer or city engineer if he is a registered land surveyor or a registered civil engineer stating that he has examined the document and that it is technically correct.

      3.  Upon recording the amended document, the county recorder shall cause a proper notation to be entered upon all recorded sheets of the document being amended [.] , if the county recorder does not maintain a cumulative index for such maps and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the amendment.

      Sec. 5.  NRS 278.490 is hereby amended to read as follows:

      278.490  1.  Any owner or governing body desiring to revert or abandon any subdivision map, parcel map, map of division into large parcels, or part thereof to acreage or to abandon the map or portion thereof shall submit a written application accompanied by a map of the proposed abandonment or reversion to the governing body for approval. The application [shall] must describe the requested changes.

      2.  The map need only contain the appropriate certificates required by NRS 278.374 to 278.378, inclusive, for the original division of the land, and must be presented to the governing body for approval. If the map includes the abandonment of any public street or easement, the provisions of NRS 278.480 must be followed before the approval of the map.

      3.  The final map must be clearly and legibly drawn in black waterproof india ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for such a purpose in the engineering profession, but affidavits, certificates and acknowledgements must be legibly stamped or printed upon the map with opaque ink.


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

ê1987 Statutes of Nevada, Page 382 (Chapter 160, AB 329)ê

 

      4.  The size of each sheet of the map must be 24 by 32 inches. A marginal line must be drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom and right edges, and of 2 inches at the left edge along the 24-inch dimension.

      5.  The scale of the map must be large enough to show all details clearly and enough sheets must be used to accomplish this end.

      6.  The particular number of the sheet and the total number of sheets comprising the map must be stated on each of the sheets and its relation to each adjoining sheet must be clearly shown.

      7.  Except for the provisions of this section and any provision or ordinance relating to the payment of fees in conjunction with filing or recordation or checking of a map of the kind offered, no other provision of NRS 278.010 to 278.630, inclusive, applies to a map made solely for the purpose of abandonment of a former map or for reversion of any land division to acreage.

      8.  Upon approval of the map of reversion or abandonment, it must be recorded by the governing body in the office of the county recorder and the county recorder shall make a written notation of the fact on each sheet of the previously recorded map affected by the later recording [.] , if the county recorder does not maintain a cumulative index for such maps and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the amendment.

 

________

 

 

CHAPTER 161, AB 158

Assembly Bill No. 158–Committee on Health and Welfare

CHAPTER 161

AN ACT relating to food establishments; authorizing health authorities to grant exemptions from provisions which regulate food establishments; and providing other matters properly relating thereto.

 

[Approved May 12, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 446.870 is hereby amended to read as follows:

      446.870  [It]

      1.  Except as otherwise provided in subsection 2, it is unlawful for any person to operate a food establishment [who does not possess] unless he possesses a valid permit issued to him by the health authority. [Only a person who complies with the requirements of this chapter shall be entitled to receive and retain such a permit. Permits shall not be transferable from person to person or from place to place. A valid permit shall be posted in every food establishment. Permits for temporary food establishments shall be issued for a period of time not to exceed 14 days.]


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

ê1987 Statutes of Nevada, Page 383 (Chapter 161, AB 158)ê

 

      2.  The health authority may exempt a food establishment from the provisions of this chapter if the health authority determines that the food which is sold, offered or displayed for sale, or served at the establishment does not constitute a potential or actual hazard to the public health.

      Sec. 2.  NRS 446.875 is hereby amended to read as follows:

      446.875  1.  Any person desiring to operate a food establishment [shall] must make written application for a permit on forms provided by the health authority. [Such application shall] The application must include:

      (a) The applicant’s full name and post office address.

      (b) A statement whether [such] the applicant is [an individual,] a natural person, firm or corporation, and, if a partnership, the names of the partners, together with their addresses.

      (c) A statement of the location and type of the proposed food establishment.

      (d) The signature of the applicant or applicants.

      2.  An application for a permit to operate a temporary food establishment [shall] must also include the inclusive dates of the proposed operation.

      3.  Upon receipt of such an application, the health authority shall make an inspection of the food establishment to determine compliance with the provisions of this chapter. When inspection reveals that the applicable requirements of this chapter have been met, [a permit shall be issued to the applicant by] the health authority [.] shall issue a permit to the applicant.

      4.  A permit to operate a temporary food establishment may be issued for a period not to exceed 14 days.

      5.  A permit issued pursuant to this section:

      (a) Is not transferable from person to person or from place to place.

      (b) Must be posted in every food establishment.

 

________

 

 

CHAPTER 162, SB 180

Senate Bill No. 180–Senator Horn (by request)

CHAPTER 162

AN ACT relating to motor vehicles; increasing the number of hours a motor vehicle may remain parked on the street; and providing other matters properly relating thereto.

 

[Approved May 14, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 484.418 is hereby amended to read as follows:

      484.418  No person [shall] may park a vehicle upon any highway for the principal purpose of:

      1.  Displaying [such] the vehicle for sale.

      2.  Washing, greasing or repairing [such] the vehicle, except repairs necessitated by an emergency.


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

ê1987 Statutes of Nevada, Page 384 (Chapter 162, SB 180)ê

 

      3.  Soliciting business.

      4.  Selling merchandise from [such] the vehicle except in a duly established market place, or one so authorized or licensed by the local authority.

      5.  Storage, or as junkage or dead storage, for more than [24] 72 hours.

 

________

 

 

CHAPTER 163, AB 478

Assembly Bill No. 478–Committee on Transportation

CHAPTER 163

AN ACT relating to motor carriers; increasing the additional fee for an identifying device; and providing other matters properly relating thereto.

 

[Approved May 14, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 706.536 is hereby amended to read as follows:

      706.536  1.  In addition to the fees provided in NRS 706.516 to 706.526, inclusive, the department shall collect the additional sum of [$4] $6 for:

      (a) Each original identifying device issued on an annual basis for motor vehicles under the provisions of NRS 706.516 to 706.526, inclusive;

      (b) Each original identifying device issued on an annual basis under the provisions of NRS 706.521 and 706.526.

      2.  All money collected pursuant to this section must be deposited with the state treasurer to the credit of the motor vehicle fund, to be used to defray the costs incurred pursuant to NRS 706.176.

 

________

 

 

CHAPTER 164, AB 443

Assembly Bill No. 443–Committee on Government Affairs

CHAPTER 164

AN ACT relating to the Statutes of Nevada; deleting the minimum number of copies required to be printed; removing specific references to types of binding materials which may be used; and providing other matters properly relating thereto.

 

[Approved May 14, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 218.510 is hereby amended to read as follows:

      218.510  1.  A number of copies of the statutes of each legislature, [not less than 500 and] sufficient in the opinion of the director of the legislative counsel bureau to meet the requirements for free distribution and for sale, [shall] must be printed and appropriately bound .


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

ê1987 Statutes of Nevada, Page 385 (Chapter 164, AB 443)ê

 

counsel bureau to meet the requirements for free distribution and for sale, [shall] must be printed and appropriately bound . [in buckram or law sheep.]

      2.  The bound volumes [shall] must contain:

      (a) The laws, resolutions and memorials passed and adopted at each legislative session, stating the number of the bill, resolution or memorial, and the name of the person who introduced it.

      (b) The statutory tables and index as prepared by the legislative counsel.

      3.  The bound volumes containing the statutes of legislative sessions held in odd-numbered years [shall] must contain, in addition to the items required by subsection 2 of this section:

      (a) The Constitution of the United States.

      (b) The constitution of the State of Nevada.

      4.  Other than those specified in subsections 2 and 3, no other reports, documents or things whatever [shall] may be bound with the Statutes of Nevada.

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

 

________

 

 

CHAPTER 165, AB 325

Assembly Bill No. 325–Committee on Legislative Functions

CHAPTER 165

AN ACT relating to ethics in government; authorizing a local government to purchase goods and services from a member of its governing body under certain circumstances; and providing other matters properly relating thereto.

 

[Approved May 16, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 281 of NRS is hereby amended by adding thereto a new section to read as follows:

      The purchase of goods or services by a local government upon a two-thirds vote of its governing body from a member of the governing body who is the sole source of supply within the area served by the governing body is not unlawful or unethical if the public notice of the meeting specifically mentioned that such a purchase would be discussed.

      Sec. 2.  NRS 281.431 is hereby amended to read as follows:

      281.431  As 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 281.4365, inclusive, have the meanings ascribed to them in those sections.

      Sec. 3.  NRS 245.075 is hereby amended to read as follows:

      245.075  1.  [It] Except as otherwise provided in section 1 of this act, 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.


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

ê1987 Statutes of Nevada, Page 386 (Chapter 165, AB 325)ê

 

      2.  Any 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.  Any person violating this section, directly or indirectly, is guilty of a gross misdemeanor and shall forfeit his office.

      Sec. 4.  NRS 268.384 is hereby amended to read as follows:

      268.384  1.  [It] Except as otherwise provided in section 1 of this act, 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.  Any person violating this section is guilty of a gross misdemeanor and shall forfeit his office.

      Sec. 5.  This act becomes effective upon passage and approval.

 

________

 

 

CHAPTER 166, SB 381

Senate Bill No. 381–Senator Jacobsen

CHAPTER 166

AN ACT relating to juvenile courts; authorizing the juvenile division of the district court to require that the county of the child’s residence contribute to his support and maintenance while he is committed to the custody of a regional facility for children; and providing other matters properly relating thereto.

 

[Approved May 18, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 62 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in this subsection, if a child is committed to the custody of a regional facility for children, the court may order that the expense of the child’s support and maintenance be paid by the county of the child’s residence in an amount equal to any money paid for that purpose by the division. Such an order may not be entered if the county maintains the facility to which the child is committed.

      2.  The court may order that the parents, guardian or other person liable for the support and maintenance of the child reimburse the county in whole or in part for the expense of the child’s support and maintenance.

      3.  This section does not prohibit the court from providing for the support and maintenance of the child in any other manner authorized by law.

      4.  As used in this section:

      (a) “Division” means the youth services division of the department of human resources.


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

ê1987 Statutes of Nevada, Page 387 (Chapter 166, SB 381)ê

 

      (b) “Regional facility for children” includes:

             (1) The institution in Douglas County known as China Springs Youth Camp.

             (2) The institution in Clark County known as Spring Mountain Youth Camp.

             (3) Any other institution established and maintained for the care of minors adjudged delinquent and committed thereto, except the Nevada youth training center and the Nevada girls training center.

 

________

 

 

CHAPTER 167, SB 42

Senate Bill No. 42–Committee on Human Resources and Facilities

CHAPTER 167

AN ACT relating to county hospitals; expanding the powers of county hospitals; modifying the duties of their boards of trustees; and providing other matters properly relating thereto.

 

[Approved May 18, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 450.180 is hereby amended to read as follows:

      450.180  The board of hospital trustees [shall have the power:

      1.  To appoint a suitable superintendent or matron, or both,] may:

      1.  Appoint a chief executive officer and necessary assistants, and [to] fix their compensations.

      2.  [To employ] Employ physicians and interns, either full time or part time, as the board determines necessary, and [to] fix their compensations.

      3.  [To remove] Remove those appointees and employees.

      4.  [To control] Control the admission of physicians and interns to the staff by promulgating appropriate rules, regulations and standards governing those appointments.

      5.  [To contract] Contract with individual physicians or private medical associations for the provision of certain medical services as may be required by the hospital. The compensation provided for in the contract must not include compensation to the physician for services rendered to indigent patients.

      Sec. 2.  NRS 450.240 is hereby amended to read as follows:

      450.240  1.  In all counties where a tax for the establishment and maintenance of a public hospital has been authorized [, or is hereafter authorized,] by a majority of the voters voting for a bond issue in accordance with law, the supervision, management, government and control of the county hospital [shall vest] vests in and must be exercised by the board of hospital trustees for the county public hospital, and the institution [shall] must thereafter be operated by the board of hospital trustees.


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

ê1987 Statutes of Nevada, Page 388 (Chapter 167, SB 42)ê

 

      2.  [In all such counties, the supervision of the county isolation hospital, county home for the indigent sick, county workhouse for indigents, and the county poor farm, or any of them, may, at the discretion of the board of county commissioners, be vested in and exercised by the board of hospital trustees, and such institution or institutions may thereafter be operated by the board of hospital trustees.

      3.] Annually, upon the request of the board of hospital trustees, the board of county commissioners may levy a tax for the maintenance and operation of the county public hospital . [or other institutions named in subsection 2.

      4.] 3.  The resolution adopted by the board of county commissioners imposing a tax levy for a county public hospital [shall] must state:

      (a) The portion of the levy which is necessary to retire hospital bonds and any other outstanding hospital securities, and to pay interest thereon;

      (b) The portion of the levy which is necessary to pay for the care of indigent patients; and

      (c) The portion of the levy which is necessary to pay for the cost of new equipment, replacement of old equipment and other improvements to the hospital not covered by specific bond issues or other securities and not included in the cost of care of indigent patients as provided in paragraph (b). The cost [shall] must be prorated to the county in accordance with the number of patient days of care of county patients.

      [5.] 4.  The board of county commissioners may not levy a tax for the care of indigents in the county public hospital as a hospital expense unless the levy and its justification are included in the budget for the hospital fund [budget as] submitted to the department of taxation as provided by law.

      Sec. 3.  NRS 450.390 is hereby amended to read as follows:

      450.390  1.  Every county hospital in this state being supported by public [funds,] money, and every hospital established under NRS 450.010 to 450.510, inclusive, [shall] must be for the benefit of [such] that county or counties and of any person falling sick or being injured or maimed within its limits, but the governing [head] body of the hospital may extend the privileges and use of [such] the hospital to persons residing outside of [such] the county or counties upon such terms and conditions as the governing [head may, from time to time] body may by its rules and regulations [,] prescribe.

      2.  Every [such] inhabitant or person who is not a pauper and every relative required by the laws of this state to support [any such] an inhabitant or person who is a pauper shall pay to the governing [head, or such officer as it shall designate,] body, or an officer it designates, a reasonable compensation for occupancy, nursing, care, medicine and attendance, other than medical or surgical attendance, according to the rules and regulations prescribed by the governing [head.] body. If after demand by the governing [head, or such officer as it may designate, such] body, or its designated officer, the inhabitant, person or relative [shall fail, refuse or neglect to pay such compensation, the same] fails, refuses or neglects to pay the compensation, it may be recovered in a suit at law brought by the governing [head.] body.


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

ê1987 Statutes of Nevada, Page 389 (Chapter 167, SB 42)ê

 

      3.  The hospital [shall always be] is subject to such reasonable rules and regulations as the governing [head] body may adopt in order to render the use of the hospital of the greatest benefit to the greatest number [.] of people.

      4.  The governing [head] body may exclude from the use of the hospital any and all inhabitants and persons who [shall] willfully violate [such] those rules and regulations.

      5.  The provisions of this section do not prohibit the hospital from exercising other powers granted to it by the provisions of this chapter.

      Sec. 4.  NRS 450.410 is hereby amended to read as follows:

      450.410  1.  Supervising boards of county hospitals [now or hereafter established in any of the counties of this state are authorized and directed to admit to such county hospital such] may provide for treatment to sick or injured persons [as such board may deem proper,] and require the payment of reasonable charges [and fees therefor; but the admission] therefor. The treatment of such persons [shall] must not be permitted to interfere with the [admission, care and] treatment of purely charitable cases.

      2.  Every person [admitted to] treated by a county hospital [, as provided in this section,] and required to pay charges [and fees] for hospitalization, shall pay the charges [and fees] fixed by the supervising board therefor, which charges , [and fees,] when paid, [shall] must be paid forthwith into the county treasury and deposited to the credit of the hospital fund.

      3.  Every person [admitted to] treated by a county hospital and required to pay charges [and fees thereto shall have] to the hospital has the right to the services of a physician or surgeon of his own choice, and [shall have] has the right to employ such special [nurse or] nurses as may be necessary , [;] but the cost of the physician, surgeon or nurses [shall never] must not become a claim against the county.

      4.  Supervising boards [are authorized and directed to] shall fix and determine [just and] reasonable charges [and fees] to be paid by sick and injured persons [admitted to] treated by county hospitals , [as provided in this section,] which charges [and fees shall] must include the board and lodging of the person and the customary use of hospital facilities by the person admitted.

      Sec. 5.  NRS 450.420 is hereby amended to read as follows:

      450.420  1.  The board of county commissioners of the county in which a public hospital is located may determine whether patients presented to the public hospital for treatment are subjects of charity. The board of county commissioners shall establish by ordinance criteria and procedures to be used in the determination of [patient] eligibility for medical care as medical indigents or subjects of charity.

      2.  The board of hospital trustees shall fix the charges for [occupancy, nursing, care, medicine and attendance, other than medical or surgical attendance,] treatment of those persons able to pay for the charges, as the board [may deem] deems just and proper. The board of hospital trustees may impose an interest charge of not more than 12 percent per annum on unpaid accounts.


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

ê1987 Statutes of Nevada, Page 390 (Chapter 167, SB 42)ê

 

accounts. The receipts must be paid to the county treasurer and credited by him to the hospital fund. In fixing charges pursuant to this subsection the board of hospital trustees shall not include, or seek to recover from paying patients, any portion of the expense of the hospital which is properly attributable to the care of indigent patients.

      3.  Except as provided in subsection 4, the county is chargeable with the entire cost of services rendered by the hospital and any salaried staff physician or employee to any person admitted for emergency treatment, including all reasonably necessary recovery, convalescent and follow-up inpatient care required for any such person as determined by the board of trustees of the hospital, but the hospital shall use reasonable diligence to collect the charges from the emergency patient or any other person responsible for his support. Any amount collected must be reimbursed or credited to the county.

      4.  The county is not chargeable with the cost of services rendered by the hospital or any attending staff physician or surgeon to the extent the hospital is reimbursed for those services pursuant to NRS 428.115 to 428.255, inclusive.

      Sec. 6.  NRS 450.630 is hereby amended to read as follows:

      450.630  The board of trustees shall:

      1.  Carry out the spirit and intent of NRS 450.550 to 450.700, inclusive, in establishing and maintaining a hospital in each district created pursuant to NRS 450.550 to 450.700, inclusive.

      2.  Make and adopt bylaws, rules and regulations:

      (a) For its own guidance and the government of any such hospital; and

      (b) Fixing the charges for [occupancy, nursing, care, medicine and attendance] treatment of patients.

      Sec. 7.  NRS 450.640 is hereby amended to read as follows:

      450.640  The board of trustees may:

      1.  Appoint a [suitable superintendent] chief executive officer and necessary assistants for each hospital, and fix the compensations of such persons.

      2.  Employ physicians, surgeons and interns, as the board determines necessary, and fix their compensation.

      3.  Remove such appointees and employees.

      4.  Control the admission of physicians, surgeons and interns to the staff by promulgating rules, regulations and standards governing such appointments.

      Sec. 8.  NRS 450.700 is hereby amended to read as follows:

      450.700  1.  The board of county commissioners of the county in which a district hospital is located [shall have power to] may determine whether [or not] patients presented to the district hospital for treatment are subjects of charity. The board of county commissioners shall establish by ordinance criteria and procedures to be used in the determination of [patient] eligibility for medical care as medical indigents or subjects of charity.


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

ê1987 Statutes of Nevada, Page 391 (Chapter 167, SB 42)ê

 

      2.  The board of trustees shall fix the charges for [occupancy, nursing, care, medicine and attendance, other than medical or surgical attendance,] treatment of those persons able to pay for [the same,] it, as the board [may deem] deems just and proper. The receipts therefor [shall] must be paid to the county treasurer and credited by him to the district fund.

      Sec. 9.  NRS 450.800 is hereby amended to read as follows:

      450.800  1.  In addition to having the powers conferred under chapter 277 of NRS, a county or district hospital may contract with a private hospital or other organization for emergency medical services, including the transportation of patients, or any other services [required for] performed in connection with or related to the operation of a hospital. The services may be performed by the parties to the contract or the parties may establish a separate organization for that purpose.

      2.  A county or district hospital may enter into a contract to provide services:

      (a) For persons, whether or not admitted to the hospital, if those services are performed in connection with or related to the operation of the hospital.

      (b) Necessary for the health and welfare of the general public.

 

________

 

 

CHAPTER 168, SB 121

Senate Bill No. 121–Committee on Finance

CHAPTER 168

AN ACT making an appropriation to the Division of Water Resources of the Department of Conservation and Natural Resources to pay certain costs relating to litigation involving the Truckee River and for consulting experts on matters relating to water; and providing other matters properly relating thereto.

 

[Approved May 18, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the Division of Water Resources of the Department of Conservation and Natural Resources the sum of $150,000 to pay certain costs of litigation involving the stream system of the Truckee River and for consulting experts on matters relating to water.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1989, and reverts to the state general fund as soon as all payments of money committed have been made.

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

 

________


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

ê1987 Statutes of Nevada, Page 392ê

 

CHAPTER 169, AB 451

Assembly Bill No. 451–Committee on Transportation

CHAPTER 169

AN ACT relating to motor carriers; increasing the maximum number of miles allowed on a used motor vehicle purchased for use as a taxicab; and providing other matters properly relating thereto.

 

[Approved May 18, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 706.8834 is hereby amended to read as follows:

      706.8834  1.  A certificate holder shall not permit a vehicle to be used as a taxicab if its age exceeds 4 years.

      2.  Any replacement or supplement vehicle which a certificate holder acquires for use as a taxicab [shall:] must:

      (a) Be new; or

      (b) Register not more than [10,000] 20,000 miles on the odometer.

 

________

 

 

CHAPTER 170, SB 308

Senate Bill No. 308–Senator Beyer

CHAPTER 170

AN ACT relating to the Nevada coordinate system; making technical clarifications and corrections; clarifying the method of locating a point in the appropriate zone; and providing other matters properly relating thereto.

 

[Approved May 18, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 327.005 is hereby amended to read as follows:

      327.005  1.  On and after publication of the North American datum of 1983 for Nevada by the National Geodetic Survey of the National Oceanic and Atmospheric Administration, or the federal agency which succeeds it, the Nevada coordinate system of 1983, which is a transverse Mercator projection of the North American datum of 1983, is the sole coordinate system in Nevada for describing land.

      2.  On and after that date of publication, the Nevada coordinate system of 1927 may be used only for purposes of reference.

      Sec. 2.  NRS 327.030 is hereby amended to read as follows:

      327.030  1.  The plane coordinates of a point on the earth’s surface, to be used in expressing the location of the point in the appropriate zone, must consist of two distances, expressed in:

      (a) Feet and decimals of a foot under the Nevada coordinate system of 1927; or


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

ê1987 Statutes of Nevada, Page 393 (Chapter 170, SB 308)ê

 

      (b) Meters and decimals of a meter under the Nevada coordinate system of 1983.

One of these distances, to be known as the “x-coordinate,” must give the position in an east-and-west direction; the other, to be known as the “y-coordinate,” must give the position in a north-and-south direction.

      2.  These coordinates must be made to conform to the values of the plane rectangular coordinates for the monumented stations [which are shown in] of the North American Horizontal Geodetic Control Network, as published by the National Geodetic Survey of the National Oceanic and Atmospheric Administration or the federal agency which succeeds it, and whose plane coordinates have been computed [under] on the systems defined in this chapter. Any such station may be used for connecting a survey to either [of the Nevada systems.] Nevada coordinate system.

      3.  As used in this section [, “meter”] :

      (a) “Foot” means the United States Survey Foot.

      (b) “Meter” means exactly 39.37 inches.

      Sec. 3.  NRS 327.060 is hereby amended to read as follows:

      327.060  No coordinate based on either of the Nevada coordinate systems which purports to define the position of a point on a land boundary may be presented to be recorded in any public land records or deed records unless the document to be recorded contains:

      1.  A description of the [monumental] monumented station or stations from which the coordinates being recorded have been determined.

      2.  Annotations which accompany the values for state plane coordinates and clearly describe the method and accuracy of the determinations.

      Sec. 4.  This act becomes effective 1 minute after proclamation by the governor of the official publication of the North American datum of 1983 for Nevada by the National Geodetic Survey of the National Oceanic and Atmospheric Administration.

 

________

 

 

CHAPTER 171, SB 339

Senate Bill No. 339–Committee on Finance

CHAPTER 171

AN ACT making an appropriation to the Commission on Economic Development for a quick-start training program for Sherwin-Williams Company; and providing other matters properly relating thereto.

 

[Approved May 18, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is      hereby appropriated from the state general fund to the Commission on Economic Development the sum of $40,550 for a quick-start training program for Sherwin-Williams Company’s new facility in Sparks.


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

ê1987 Statutes of Nevada, Page 394 (Chapter 171, SB 339)ê

 

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after the project is completed and reverts to the state general fund as soon as all payments of money committed have been made.

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

 

________

 

 

CHAPTER 172, AB 444

Assembly Bill No. 444–Committee on Government Affairs

CHAPTER 172

AN ACT relating to the legislative counsel bureau; authorizing the director of the legislative counsel bureau to conduct a search by computer of specified materials for any person; authorizing the director of the legislative counsel bureau to make certain information available for access by computer to governmental entities and the public; and providing other matters properly relating thereto.

 

[Approved May 18, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 218.684 is hereby amended to read as follows:

      218.684  [When the legislature is not in session, the] The director of the legislative counsel bureau [shall, upon] may:

      1.  Upon the request of [the attorney general,] any person, government, governmental agency or political subdivision, conduct searches by computer of the text of the [Nevada Revised Statutes or other] publications of the legislative counsel bureau and any other information he deems appropriate which may be accessible by a computer operated by the legislative counsel bureau. [When the legislature is in session, the director may conduct such searches.]

      2.  Make any information described in subsection 1 available for access by computer to any person, government, governmental agency or political subdivision.

The legislative commission shall prescribe a reasonable fee for [this service.] these services.

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

 

________


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

ê1987 Statutes of Nevada, Page 395ê

 

CHAPTER 173, SB 118

Senate Bill No. 118–Committee on Government Affairs

CHAPTER 173

AN ACT relating to the department of commerce; requiring the appointment of a chief financial officer for the housing division of the department; specifying his qualifications; and providing other matters properly relating thereto.

 

[Approved May 18, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 232 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The chief of the housing division of the department shall appoint, with the consent of the director, a chief financial officer for the housing division.

      2.  The chief financial officer for the housing division must:

      (a) Be a certified public accountant licensed by this state or another state of the United States;

      (b) Have 5 years of responsible experience in investment banking and general accounting; or

      (c) Have a comprehensive knowledge of the principles and practices of public finance and 5 years of responsible experience in that field.

      3.  The chief financial officer for the housing division is:

      (a) In the unclassified service of the state.

      (b) Directly responsible to the chief of the housing division.

      Sec. 2.  NRS 232.220 is hereby amended to read as follows:

      232.220  As used in NRS 232.220 to 232.280, inclusive, and section 1 of this act, unless the context requires otherwise:

      1.  “Department” means the department of commerce.

      2.  “Director” means the director of the department of commerce.

 

________

 

 

CHAPTER 174, AB 560

Assembly Bill No. 560–Committee on Judiciary

CHAPTER 174

AN ACT relating to parole; permitting the state board of parole commissioners to petition for a modification of a sentence of life imprisonment after the person has been on parole for a certain period; and providing other matters properly relating thereto.

 

[Approved May 18, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 176.033 is hereby amended to read as follows:

      176.033  1.  [Where] If a sentence of imprisonment is required or permitted by statute, the court shall sentence the defendant to imprisonment for a definite period of time within the maximum limit or the minimum and maximum limits prescribed by the applicable statute, taking due account of the gravity of the particular offense and of the character of the individual defendant.


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

ê1987 Statutes of Nevada, Page 396 (Chapter 174, AB 560)ê

 

for a definite period of time within the maximum limit or the minimum and maximum limits prescribed by the applicable statute, taking due account of the gravity of the particular offense and of the character of the individual defendant.

      2.  At any time after a prisoner has been released on parole and has served one-half of the period of his parole, or 10 consecutive years on parole in the case of a prisoner sentenced to life imprisonment, the state board of parole commissioners, upon the recommendation of the department of parole and probation, may petition the court of original jurisdiction requesting a modification of sentence. The board shall give notice of the petition and hearing thereon to the attorney general or district attorney who had jurisdiction in the original proceedings. Upon hearing the recommendation of the state board of parole commissioners and good cause appearing, the court may modify the original sentence by reducing the term of imprisonment but shall not make the term less than the minimum limit prescribed by the applicable penal statute.

 

________

 

 

CHAPTER 175, AB 464

Assembly Bill No. 464–Committee on Judiciary

CHAPTER 175

AN ACT relating to gaming; revising the provisions governing the inclusion of a credit instrument in the gross revenue of a gaming licensee; clarifying the procedure for the determination and redetermination of taxes or fees; and providing other matters properly relating thereto.

 

[Approved May 18, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 463.371 is hereby amended to read as follows:

      463.371  1.  For the purposes of this chapter, except as otherwise provided in subsection 3, the computation of gross revenue must include the face value of any credit instrument accepted on or after July 1, 1981, if, within 5 years after the last day of the month following the [calendar quarter within] month in which the instrument was accepted by the licensee, the board determines that:

      (a) The instrument was not signed by the patron or otherwise acknowledged by him in a written form satisfactory to the board;

      (b) The licensee did not have an address for the patron at the time of accepting the instrument, or, in lieu of that address, has not provided the board, within a reasonable time after its request, the current address of the patron to whom the credit was extended;

      (c) The licensee has not provided the board any evidence that the licensee made a reasonable effort to collect the debt;


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

ê1987 Statutes of Nevada, Page 397 (Chapter 175, AB 464)ê

 

      (d) The licensee has not provided the board any evidence that the licensee checked the credit history of the patron before extending the credit to him;

      (e) The licensee has not produced the instrument within a reasonable time after a request by the board for the instrument unless it:

             (1) Is in the possession of a court, governmental agency or financial institution;

             (2) Has been returned to the patron upon his partial payment of the instrument;

             (3) Has been stolen and the licensee has made a written report of the theft to the appropriate law enforcement agency; or

             (4) Cannot be produced because of any other circumstance which is beyond the licensee’s control;

      (f) The signature of the patron on the instrument was forged and the licensee has not made a written report of the forgery to the appropriate law enforcement agency; or

      (g) Upon an audit by the board, the licensee requested the auditors not to confirm the unpaid balance of the debt with the patron and there is no other satisfactory means of confirmation.

      2.  For the purposes of this chapter, the computation of gross revenue must not include cash or its equivalent which is received in full or partial payment of a debt previously included in the computation of gross revenue pursuant to subsection 1.

      3.  Subsection 1 does not apply to any credit instrument which is settled for less than its face amount to:

      (a) Induce a partial payment;

      (b) Compromise a dispute; or

      (c) Retain a patron’s business for the future.

      Sec. 2.  NRS 463.388 is hereby amended to read as follows:

      463.388  1.  If any person fails to make a report of the state license fees or taxes as required by this chapter, or if the board is not satisfied with the report of the state license fees or taxes required to be paid to the state pursuant to this chapter by any person, [it] the board may compute and determine the amount required to be paid upon the basis of [the] :

      (a) The facts contained in the report [or upon the basis of an] , if any;

      (b) An audit conducted by the board [or upon the basis of any] ;

      (c) An estimate of the amount of taxes or fees due pursuant to the provisions of this chapter;

      (d) Any information within its possession or that may come into its possession [, or any] ; or

      (e) Any combination of the methods described in [this subsection.

      2.  If any person fails to make a report of the state license fees or taxes as required by this chapter, the board shall make an estimate of the amount of taxes or fees determined to be due pursuant to the provisions of this chapter. The estimate must be made for the period or periods in respect to which the person failed to make a report and must be based upon any information which is in the board’s or commission’s possession or which may come into its possession. Upon the basis of this estimate, the board shall compute and determine the amount required to be paid to the state, including penalties and interest.


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

ê1987 Statutes of Nevada, Page 398 (Chapter 175, AB 464)ê

 

shall compute and determine the amount required to be paid to the state, including penalties and interest.

      3.  Any interest on the tax unpaid by reason of a credit instrument which is the subject of a determination by the board pursuant to NRS 463.371 accrues from the last day of the month which follows the calendar quarter within which the credit instrument was accepted by the licensee.

      4.] paragraphs (a) to (d), inclusive.

      2.  In making such a determination, the board may offset overpayments and interest due thereon against underpayments and interest or penalties due thereon for the period of the audit . [period.

      5.] 3.  If overpayments and interest thereon exceed underpayments, penalties and interest thereon, the excess must be refunded to the licensee except where otherwise expressly provided.

      Sec. 3.  NRS 463.3883 is hereby amended to read as follows:

      463.3883  1.  Any person against whom a determination is made pursuant to NRS 463.388 may petition the commission for a redetermination within 30 days after service upon the person of notice thereof. If a petition for redetermination satisfying the requirements of subsection 5 is not filed within 30 days, the determination becomes final at the expiration of the period.

      2.  If a petition for redetermination satisfying the requirements of subsection 5 is filed within the 30-day period, the commission shall reconsider the determination and, if the person has so requested in his petition, shall grant the person a hearing.

      3.  Any order or decision of the commission upon a petition for redetermination is final 10 days after service upon the petitioner.

      4.  Any person against whom an order or decision has become final may within 60 days after it becomes final petition for judicial review.

      5.  A petition for redetermination must:

      (a) Specify the contested portions of the determination of deficiency;

      (b) Specify the grounds for redetermination; and

      (c) Be accompanied by payment in full of the uncontested portion of the determination, including any interest and penalties.

 

________


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

ê1987 Statutes of Nevada, Page 399ê

 

CHAPTER 176, SB 25

Senate Bill No. 25–Senators Hickey, Gibson and Redelsperger

CHAPTER 176

AN ACT relating to the committee on high-level radioactive waste; increasing the rate of pay for members of the committee; and providing other matters properly relating thereto.

 

[Approved May 18, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 459.0085 is hereby amended to read as follows:

      459.0085  1.  There is hereby created a committee on high-level radioactive waste. It is a committee of the legislature composed of:

      (a) Three members of the senate, appointed by the majority leader of the senate.

      (b) Four members of the assembly, appointed by the speaker.

      2.  The legislative commission shall select a chairman and a vice chairman from the members of the committee.

      3.  The committee shall meet at the call of the chairman to study and evaluate:

      (a) Information and policies regarding the location in this state of a facility for the disposal of high-level radioactive waste;

      (b) Any potentially adverse effects from the construction and operation of a facility and the ways of mitigating those effects; and

      (c) Any other policies relating to the disposal of high-level radioactive waste.

      4.  The committee shall report the results of its studies and evaluations to the legislative commission and the interim finance committee at such times as the legislative commission or the interim finance committee may require.

      5.  The committee may recommend any appropriate legislation to the legislature and the legislative commission.

      6.  The director of the legislative counsel bureau shall provide a secretary for the committee on high-level radioactive waste. [Each] Except during a regular or special session of the legislature, each member of the committee is entitled to [a salary of $80] receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or [part] portion of a day during which he attends a committee meeting or is otherwise engaged in the work of the committee [.] plus the per diem allowance and travel expenses provided for state officers and employees generally. Per diem allowances, salary and travel expenses of members of the committee must be paid from the legislative fund.

 

________


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

ê1987 Statutes of Nevada, Page 400ê

 

CHAPTER 177, SB 81

Senate Bill No. 81–Committee on Natural Resources

CHAPTER 177

AN ACT relating to state lands; establishing a policy for their use; and providing other matters properly relating thereto.

 

[Approved May 19, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 321 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The legislature declares the policy of this state regarding the use of state lands to be that state lands must be used in the best interest of the residents of this state, and to that end the lands may be used for recreational activities, the production of revenue and other public purposes. In determining the best uses of state lands, the appropriate state agencies shall give primary consideration to the principles of multiple use and sustained yield as the status and the resources of the lands permit.

      2.  As used in this section:

      (a) “Multiple use” includes:

             (1) The management of state lands and their various resources so that they are used in the combination which will best meet the needs of the residents of this state;

             (2) The use of state lands and some or all of their resources or related services in areas large enough to allow for periodic adjustments in the use of the lands to conform to changing needs and conditions;

             (3) The use of certain state lands for less than all of their available resources;

             (4) A balanced and diverse use of resources which takes into account the long-term needs of residents of this state for renewable and nonrenewable resources including, but not limited to, recreational areas, range, timber, minerals, watershed, wildlife and fish, and natural scenic, scientific and historic areas; and

             (5) The harmonious and coordinated management of state lands and their various resources without the permanent impairment of the productivity of the lands and the quality of the environment, with consideration being given to the relative values of the resources and not necessarily to the combination of uses that will produce the greatest yield or economic return for each parcel of land.

      (b) “Sustained yield” means the maintenance of a high-level annual or other periodic yield from the various renewable resources of state lands consistent with multiple use.

 

________


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

ê1987 Statutes of Nevada, Page 401ê

 

CHAPTER 178, SB 422

Senate Bill No. 422–Committee on Finance

CHAPTER 178

AN ACT relating to state land; requiring the state land registrar to convey without consideration to the City of Henderson a portion of the state’s interest in a certain railroad right of way; and providing other matters properly relating thereto.

 

[Approved May 19, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The state land registrar on behalf of the State of Nevada shall, subject to the condition set forth in subsection 2, convey to the City of Henderson, by quitclaim deed without consideration, all of the right, title and interest of the State of Nevada in and to a portion of the right of way of the Boulder City branch of the Los Angeles and Salt Lake Railroad, as well as the tracks, ties and other railroad appurtenances, situated in Clark County, State of Nevada, described as follows:

 

Beginning at a point on the centerline of the right of way of said railroad and a line drawn through that point radially to the centerline; said point being 2509.1 feet measured along the centerline of said right of way, northwesterly from the east line of section 14, Township 22 South, Range 62 East, M.D.B. & M.; thence along said right of way as shown on the following maps filed under an Act of Congress of March 3, 1875:

 

Los Angeles and Salt Lake Railroad Company Map C.E. No. 51212, Serial No. CC-017399, filed in the U.S. Land Office October 31, 1929, and approved by the Secretary of the Interior on August 30, 1930.

 

Los Angeles and Salt Lake Railroad Company Map C.E. No. 81011, Amendment to Serial No. CC-017399 covering station grounds at Boulder City, Nevada, filed in the U.S. Land Office December 5, 1955, and approved by the Secretary of the Interior on March 20, 1956.

 

Los Angeles and Salt Lake Railroad Company Map C.E. No. 81012, Map of Amended Definite Location to Serial No. CC-017399, filed in the U.S. Land Office December 5, 1955, and approved by the Secretary of the Interior on March 20, 1956.

 

To the westerly right of way line of U.S. Highway 93 located in section 2, Township 23 South, Range 63 East, M.D.B. & M., this being the termination of the right of way herein granted.


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

ê1987 Statutes of Nevada, Page 402 (Chapter 178, SB 422)ê

 

      2.  Upon conveyance, the City of Henderson shall not deny access to the land described in subsection 1 to any other public body or agency.

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

 

________

 

 

CHAPTER 179, AB 123

Assembly Bill No. 123–Committee on Ways and Means

CHAPTER 179

AN ACT relating to state employees; authorizing payment of certain travel and moving expenses of certain employees and prospective employees; and providing other matters properly relating thereto.

 

[Approved May 19, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 281 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 3, a state agency, board or commission may pay for the travel and per diem expenses of the three most highly rated applicants for a permanent position with that agency, board or commission incurred while those applicants are being interviewed for that position.

      2.  If such an applicant must travel from another state to be interviewed, the expenses must be paid at the rate established by the state board of examiners for state employees traveling outside the state. If such an applicant must travel from within the state to be interviewed, the expenses must be paid at the rate established by the state board of examiners for state employees traveling within the state.

      3.  If the position is offered to one of the applicants and he does not accept it, the agency, board or commission may not pay for that applicant’s expenses.

      4.  All requests for payment pursuant to this section must be submitted to the state board of examiners before obligations are incurred. Upon approval by the state board of examiners, claims must be submitted for payment in the same manner as other claims against the state from money available to the agency, board or commission.

      Sec. 2.  NRS 281.167 is hereby amended to read as follows:

      281.167  1.  [If a] A state agency, board or commission [transfers, for the convenience of the state, any employee with permanent status from one location to another for permanent assignment, the agency, board or commission] may pay for the travel [expenses, subsistence allowances] , subsistence and expenses of moving household furnishings and appliances of [the] an employee and his family [.


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

ê1987 Statutes of Nevada, Page 403 (Chapter 179, AB 123)ê

 

      2.  If] if:

      (a) The agency, board or commission transfers, for the convenience of the state, an employee with permanent status from one location to another for permanent assignment;

      (b) The agency, board or commission accepts an employee [of a state agency, board or commission changes,] who, for the convenience of the state, changes his employment [to another state] from another agency, board or commission [, the agency, board or commission which accepts the employee may pay the travel expenses, subsistence allowances and expenses of moving household furnishings and appliances of the employee and his family.] ; or

      (c) The employee:

             (1) Was hired for a permanent position, whether classified or unclassified, for which there is a critical need and which cannot otherwise be filled; and

             (2) Moved from a location which was at least 50 miles from his new location.

      2.  If an employee who has been reimbursed pursuant to paragraph (c) of subsection 1 voluntarily terminates his employment within 1 year after beginning work, he must repay to the state the amount of the reimbursement. The agency, board or commission may withhold from the employee’s regular pay or final payment received upon the termination of his employment, the amount of the repayment required by this subsection.

      3.  Maximum [weight allowances, travel expenses and subsistence] allowances for weight, travel and subsistence for the employee and his family [shall] must be determined by regulations of the state board of examiners.

      4.  All requests for payment [of travel expenses, subsistence allowances and moving expenses shall] pursuant to this section must be submitted to the state board of examiners before obligations are incurred. Upon approval by the state board of examiners, claims [shall] must be submitted for payment in the same manner as other claims against the state from [funds] money available to the agency, board or commission.

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

 

________


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

ê1987 Statutes of Nevada, Page 404ê

 

CHAPTER 180, SB 16

Senate Bill No. 16–Committee on Commerce and Labor

CHAPTER 180

AN ACT relating to the state board of osteopathic medicine; revising the requirement regarding the frequency of examinations; changing the time for renewal of licenses; revising fees charged for licensing; and providing other matters properly relating thereto.

 

[Approved May 19, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 633.331 is hereby amended to read as follows:

      633.331  1.  Examinations [shall] must be held at least [twice] once a year at the time and place fixed by the board. [All applicants shall be notified] The board shall notify each applicant in writing of the examinations.

      2.  The examination [shall] must be fair and impartial, practical in character, and the questions [shall] must be designed to discover the applicant’s fitness.

      3.  The board may employ specialists and other professional consultants or examining services in conducting the examination.

      4.  The member who is not licensed in any state to practice any healing art shall not participate in preparing, conducting or grading any examination required by the board.

      Sec. 2.  NRS 633.471 is hereby amended to read as follows:

      633.471  1.  Except as provided in subsection 3 and in NRS 633.491, every holder of a license issued under this chapter, except a temporary or a special license, may renew his license on or before [February] January 1 of each calendar year after its issuance by:

      (a) Applying for renewal on forms provided by the board;

      (b) Paying the annual license renewal fee specified in this chapter; and

      (c) Submitting verified evidence satisfactory to the board that in the year preceding the application for renewal he has attended courses or programs of continuing education [courses or programs] approved by the board totaling a number of hours established by the board which must not be less than 35 hours nor more than that set in the requirements for continuing medical education [requirements] of the American Osteopathic Association.

      2.  The secretary of the board shall notify each licensee of the requirements for renewal [requirement] not less than 30 days before the date of renewal.

      3.  Members of the Armed Forces of the United States and the United States Public Health Service are exempt from payment of the annual license renewal fee during their active duty status.

      Sec. 3.  NRS 633.501 is hereby amended to read as follows:

      633.501  The board shall charge and collect only the following fees:

      1.  Initial license fee...........................................................................................         $200

      2.  Annual license renewal fee.........................................................................           100


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

ê1987 Statutes of Nevada, Page 405 (Chapter 180, SB 16)ê

 

      3.  Temporary license fee..................................................................................           $50

      4.  Special license fee [, except for a special license issued to a resident or fellow while in training]         50

      5.  [Special license fee for a special license issued to a resident or fellow while in training             35

      6.]  Special license renewal fee.........................................................................     [10] 50

      [7.]6.  Re-examination fee...............................................................................           200

      [8.]7.  Late payment fee..................................................................................             35

      [9.]8.  For a certificate as an osteopathic physician’s assistant..............           100

      [10.]9.  Renewal of a certificate as an osteopathic physician’s assistant                      50

      [11.]10.  For an application to employ an osteopathic physician’s assistant               100

 

________

 

 

CHAPTER 181, SB 198

Senate Bill No. 198–Committee on Judiciary

CHAPTER 181

AN ACT relating to crimes; prohibiting the impersonation of an officer or employee of a public utility; and providing other matters properly relating thereto.

 

[Approved May 19, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 207 of NRS is hereby amended by adding thereto a new section to read as follows:

      Every person who impersonates an officer or employee of a utility company or who without authority assumes any uniform or insignia by which such person is distinguished, and in such assumed character does any act purporting to represent the utility company, is guilty of a misdemeanor.

 

________


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

ê1987 Statutes of Nevada, Page 406ê

 

CHAPTER 182, SB 316

Senate Bill No. 316–Senators Wagner, Townsend, Beyer, Hickey, Horn, Jacobsen, Joerg, Malone, Mello, Neal, O’Connell, O’Donnell, Raggio, Rawson, Redelsperger, Shaffer and Vergiels

CHAPTER 182

AN ACT relating to taxes on retail sales; providing for the submission to the voters of the question whether the Sales and Use Tax Act of 1955 should be amended to provide an exemption for personal property loaned or donated to tax-exempt organizations; contingently creating the same exemption from certain analogous taxes; and providing other matters properly relating thereto.

 

[Approved May 19, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  At the general election on November 8, 1988, a proposal must be submitted to the registered voters of this state to amend the Sales and Use Tax Act, which was enacted by the 47th session of the legislature of the State of Nevada and approved by the governor in 1955, and subsequently approved by the people of this state at the general election held on November 6, 1956.

      Sec. 2.  At the time and in the manner provided by law, the secretary of state shall transmit the proposed act to the several county clerks, and the county clerks shall cause it to be published and posted as provided by law.

      Sec. 3.  The proclamation and notice to the voters given by the county clerks pursuant to law must be in substantially the following form:

       Notice is hereby given that at the general election on November 8, 1988, a question will appear on the ballot for the adoption or rejection by the registered voters of the state of the following proposed act:

AN ACT to amend an act entitled “An Act to provide revenue for the State of Nevada; providing for sales and use taxes; providing for the manner of collection; defining certain terms; providing penalties for violation, and other matters properly relating thereto,” approved March 29, 1955, as amended.

 

THE PEOPLE OF THE STATE OF NEVADA DO ENACT AS FOLLOWS:

 

       Section 1.  The above entitled act, being chapter 397, Statutes of Nevada 1955, at page 762, is hereby amended by adding thereto a new section to be designated as section 50.2, immediately following section 50, to read as follows:

      Sec. 50.2.  There are exempted from the taxes imposed by this act on the storage, use or other consumption of tangible personal property any such property loaned or donated to:

      1.  The United States, its unincorporated agencies and instrumentalities.


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

ê1987 Statutes of Nevada, Page 407 (Chapter 182, SB 316)ê

 

      2.  Any incorporated agency or instrumentality of the United States wholly owned by the United States or by a corporation wholly owned by the United States.

      3.  The State of Nevada, its unincorporated agencies and instrumentalities.

      4.  Any county, city, district or other political subdivision of this state.

      5.  Any organization created for religious, charitable or eleemosynary purposes, provided that no part of the net earnings of any such organization inures to the benefit of any private shareholder or individual.

       Sec. 2.  This act becomes effective on January 1, 1989.

      Sec. 4.  The ballot page assemblies and the paper ballots to be used in voting on the question must present the question in substantially the following form:

       Shall the Sales and Use Tax Act of 1955 be amended to provide an exemption from the taxes imposed by this act on the storage, use or other consumption of tangible personal property of any such property loaned or donated to tax-exempt organizations?

Yes                                     No

      Sec. 5.  The explanation of the question which must appear on each paper ballot and sample ballot and in every publication and posting of notice of the question must be in substantially the following form:

 

(Explanation of Question)

       The proposed amendment to the Sales and Use Tax Act of 1955 would exempt from the taxes imposed by this act on the storage, use or other consumption of tangible personal property any such property loaned or donated to the United States, the State of Nevada, its political subdivisions or a religious, charitable or eleemosynary organization. If this proposal is adopted, the legislature has provided that the Local School Support Tax Law and the City-County Relief Tax Law will be amended to provide the same exemption.

      Sec. 6.  If a majority of the votes cast on the question is yes, the amendment to the Sales and Use Tax Act of 1955 becomes effective on January 1, 1989. If a majority of votes cast on the question is no, the question fails and the amendment to the Sales and Use Tax Act of 1955 does not become effective.

      Sec. 7.  All general election laws not inconsistent with this act are applicable.

      Sec. 8.  Any informalities, omissions or defects in the content or making of the publications, proclamations or notices provided for in this act and by the general election laws under which this election is held must be so construed as not to invalidate the adoption of the act by a majority of the registered voters voting on the question if it can be ascertained with reasonable certainty from the official returns transmitted to the office of the secretary of state whether the proposed amendment was adopted or rejected by a majority of those registered voters.


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

ê1987 Statutes of Nevada, Page 408 (Chapter 182, SB 316)ê

 

secretary of state whether the proposed amendment was adopted or rejected by a majority of those registered voters.

      Sec. 9.  Chapter 374 of NRS is hereby amended by adding thereto a new section to read as follows:

      There are exempted from the taxes imposed by this chapter on the storage, use or other consumption of tangible personal property any such property loaned or donated to:

      1.  The United States, its unincorporated agencies and instrumentalities.

      2.  Any incorporated agency or instrumentality of the United States wholly owned by the United States or by a corporation wholly owned by the United States.

      3.  The State of Nevada, its unincorporated agencies and instrumentalities.

      4.  Any county, city, district or other political subdivision of this state.

      5.  Any organization created for religious, charitable or eleemosynary purposes, provided that no part of the net earnings of any such organization inures to the benefit of any private shareholder or individual.

      Sec. 10.  NRS 374.200 is hereby amended to read as follows:

      374.200  Every retailer maintaining a place of business in a county and making sales of tangible personal property for storage, use or other consumption in the county, not exempted under NRS 374.265 to 374.355, inclusive, and section 9 of this act, shall, at the time of making the sales or, if the storage, use or other consumption of the tangible personal property is not then taxable hereunder, at the time the storage, use or other consumption becomes taxable, collect the tax from the purchaser and give to the purchaser a receipt therefor in the manner and form prescribed by the department.

      Sec. 11.  NRS 374.265 is hereby amended to read as follows:

      374.265  ”Exempted from the taxes imposed by this chapter,” as used in NRS 374.265 to 374.355, inclusive, and section 9 of this act, means exempted from the computation of the amount of taxes imposed.

      Sec. 12.  Sections 9, 10 and 11 of this act become effective on January 1, 1989, only if the question provided for in section 3 of this act is approved by the voters at the general election on November 8, 1988.

 

________


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

ê1987 Statutes of Nevada, Page 409ê

 

CHAPTER 183, AB 371

Assembly Bill No. 371–Committee on Education

CHAPTER 183

AN ACT relating to postsecondary educational institutions; clarifying that only natural persons may act as agents; providing additional exceptions to the requirement for investigation of certain employees and agents; and providing other matters properly relating thereto.

 

[Approved May 19, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 394.465 is hereby amended to read as follows:

      394.465  1.  [Before] Except as provided in subsection 4, before a postsecondary educational institution employs or contracts with a person to occupy an administrative, financial or instructional position, or to act as an agent for the institution, the applicant must [be certified by the department of education or] arrange with the sheriff of the county in which the institution is located for an investigation of the applicant’s background, including a photograph, history of residences, employment and education, and the submission of his fingerprints to the Federal Bureau of Investigation.

      2.  The sheriff shall retain one copy of the application and results of the investigation and forward one copy to the administrator.

      3.  The applicant shall pay the cost of the investigation.

      4.  An applicant is not required to arrange for an investigation of his background if he is:

      (a) Certified by the department of education;

      (b) An employee of the United States Department of Defense; or

      (c) A member of the faculty of an accredited postsecondary educational institution in another state who is domiciled in a state other than Nevada and is present in Nevada for a temporary period to teach at a branch of that accredited institution.

      Sec. 2.  NRS 394.560 is hereby amended to read as follows:

      394.560  It is unlawful for any person:

      1.  To operate or claim to operate a postsecondary educational institution which is required to be licensed by the commission, unless the institution has a currently valid license to operate.

      2.  To act as or perform the services of an agent in this state, unless he is a natural person and has a currently valid permit.

      3.  To offer, as or through an agent, enrollment or instruction in, or the granting of educational credentials from, a postsecondary educational institution which is required to be licensed by the commission, whether the institution is within or outside this state, unless the agent is a natural person and has a currently valid permit, except that the commission may adopt regulations to permit public information to be provided without a permit.

      [3.] 4.  For compensation to instruct or educate, or offer to instruct or educate , [(] including advertising or soliciting for such a purpose , [),] enroll or offer to enroll, contract or offer to contract with any person for such a purpose, or award any educational credential, or contract with any institution or party to perform any such act in this state, whether the person is located within or outside this state, unless that person complies with the minimum standards set forth in this chapter [,] and in regulations adopted by the commission.


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

ê1987 Statutes of Nevada, Page 410 (Chapter 183, AB 371)ê

 

such a purpose, or award any educational credential, or contract with any institution or party to perform any such act in this state, whether the person is located within or outside this state, unless that person complies with the minimum standards set forth in this chapter [,] and in regulations adopted by the commission.

      [4.] 5.  To grant, or offer to grant, educational credentials without a currently valid license.

 

________

 

 

CHAPTER 184, AB 257

Assembly Bill No. 257–Committee on Ways and Means

CHAPTER 184

AN ACT relating to pensions for judicial service; providing for payments to a child of a deceased justice of the supreme court or district judge in accordance with payments pursuant to the public employees’ retirement system; and providing other matters properly relating thereto.

 

[Approved May 19, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 2 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each child of a deceased justice of the supreme court is entitled to receive payments equal in amount to the payments provided in NRS 286.673 for the child of a deceased member of the public employees’ retirement system.

      2.  In determining whether a child is a full-time student or financially dependent and physically or mentally incompetent, as provided in NRS 286.673, the court administrator shall use any applicable standards and procedures established by the public employees’ retirement board.

      3.  It is the intent of this section that no special fund be created for the payment of benefits, and all payments made under the provisions of this section are to be made out of and charged to any fund created for the purpose of paying pension benefits to justices of the supreme court.

      Sec. 2.  Chapter 3 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each child of a deceased district judge is entitled to receive payments equal in amount to the payments provided in NRS 286.673 for the child of a deceased member of the public employees’ retirement system.

      2.  In determining whether a child is a full-time student or financially dependent and physically or mentally incompetent, as provided in NRS 286.673, the court administrator shall use any applicable standards and procedures established by the public employees’ retirement board.

      3.  It is the intent of this section that no special fund be created for the payment of benefits, and all payments made under the provisions of this section are to be made out of and charged to any fund created for the purpose of paying pension benefits to district judges.


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

ê1987 Statutes of Nevada, Page 411 (Chapter 184, AB 257)ê

 

section are to be made out of and charged to any fund created for the purpose of paying pension benefits to district judges.

      Sec. 3.  The surviving child of a justice of the supreme court or district judge who died before July 1, 1987, is entitled to receive the benefits provided in this act, beginning on July 1, 1987.

 

________

 

 

CHAPTER 185, AB 376

Assembly Bill No. 376–Assemblymen Adler, Dini, Nicholas, Thomas, Kissam, Price, Thompson, Gaston, Lambert, Craddock and Triggs

CHAPTER 185

AN ACT relating to motor vehicles; providing special license plates for veterans of Pearl Harbor; and providing other matters properly relating thereto.

 

[Approved May 19, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      1.  A person who qualifies under this section may register one passenger car or light commercial vehicle having a manufacturer’s rated carrying capacity of 1 ton or less, for his own personal use. A veteran of the Armed Forces of the United States who survived the attack on Pearl Harbor on December 7, 1941, is entitled to a specially designed license plate inscribed with the words PEARL HARBOR VETERAN and three or four consecutive numbers.

      2.  The department shall issue a specially designed license plate for persons qualified under this section who submit an application on a form prescribed by the department and evidence of their status as a survivor required by the department.

      3.  If during a registration year, the holder of a special plate issued under the provisions of this section disposes of the vehicle to which the plates are affixed, he shall retain the plates and:

      (a) Affix them to another vehicle which meets the requirements of this section and report the change to the department in accordance with the procedure set forth for other transfers; or

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

      4.  The fee for the special license plate is $25, in addition to all other applicable registration and license fees and motor vehicle privilege taxes. If the special plates provided for under this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of replacement license plates from the department for a fee of $2.

 

________


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

ê1987 Statutes of Nevada, Page 412ê

 

CHAPTER 186, SB 240

Senate Bill No. 240–Committee on Finance

CHAPTER 186

AN ACT relating to public employees’ retirement; increasing the maximum allowance of public employees who retired before 1977; and providing other matters properly relating thereto.

 

[Approved May 20, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 286.551 is hereby amended to read as follows:

      286.551  1.  A monthly service retirement allowance must be determined by multiplying a member’s average compensation by 2.5 percent for each year of service, until he becomes eligible to retire, except that:

      (a) If a member who is a police officer or fireman completes 30 years of service before he reaches the age of 50 years, his eligibility for service credit ceases at the age of 50 years.

      (b) If any other member completes 30 years of service before he reaches the age of 55 years, his eligibility for service credit ceases at the age of 55 years.

      (c) The maximum allowance under paragraph (a) or (b) is 90 percent of average compensation.

      (d) A member who:

             (1) Retired on or after July 1, 1977; or

             (2) Is an active member whose effective date of membership is before July 1, 1985,

and who has 36 years of service is entitled to a benefit of up to 90 percent of his average compensation.

      (e) A member [whose] :

             (1) Who retired before July 1, 1977; or

             (2) Whose effective date of membership is after July 1, 1985, and who has 30 years of service ,

is entitled to a benefit of up to 75 percent of his average compensation.

      2.  For the purposes of this section “average compensation” means the average of a member’s 36 consecutive months of highest compensation as certified by the public employer.

      3.  The retirement allowance for a regular part-time employee must be computed from the salary which he would have received as a full-time employee if it results in greater benefits for the employee. A regular part-time employee is a person who earns retirement without having completed at least 36 months of consecutive full-time employment.

      4.  The rate of contribution for a member whose effective date of membership is after July 1, 1985, must be adjusted to the actuarially determined rate for all benefits based upon an accrual of service of more than 30 years.


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

ê1987 Statutes of Nevada, Page 413 (Chapter 186, SB 240)ê

 

      Sec. 2.  The amendatory provisions of NRS 286.551 which enlarge the maximum service retirement allowance for any person who retired before July 1, 1977, apply to payments of benefits on or after July 1, 1987.

 

________

 

 

CHAPTER 187, SB 294

Senate Bill No. 294–Committee on Judiciary

CHAPTER 187

AN ACT relating to gaming; requiring employees of a disseminator of information concerning racing to obtain work permits; establishing a procedure for the disposal of certain seized evidence; clarifying that certain betting practices are prohibited; and providing other matters properly relating thereto.

 

[Approved May 19, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 463.0157 is hereby amended to read as follows:

      463.0157  “Gaming employee” means any person connected directly with the operation of a gaming establishment licensed to conduct any game, 16 or more slot machines, a race book, sports pool or pari-mutuel wagering, including:

      1.  Boxmen;

      2.  Cashiers;

      3.  Change personnel;

      4.  Counting room personnel;

      5.  Dealers;

      6.  Employees of manufacturers or distributors of gaming equipment within this state whose duties are directly involved with the manufacture, repair or distribution of gaming equipment;

      7.  Employees of operators of slot routes who have keys for slot machines or who accept and transport revenue from the slot drop;

      8.  Floormen;

      9.  Hosts or other persons empowered to extend credit or complimentary services;

      10.  Keno runners;

      11.  Keno writers;

      12.  Machine mechanics;

      13.  Odds makers and line setters;

      14.  Security personnel;

      15.  Shift or pit bosses;

      16.  Shills;

      17.  Supervisors or managers; [and]

      18.  Ticket writers [.] ; and

      19.  Employees of a person required by NRS 463.430 to be licensed to disseminate information concerning racing.


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

ê1987 Statutes of Nevada, Page 414 (Chapter 187, SB 294)ê

 

“Gaming employee” does not include bartenders, cocktail waitresses or other persons engaged in preparing or serving food or beverages.

      Sec. 2.  Chapter 465 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  After the final adjudication of a complaint involving a violation of this chapter or chapters 462 to 464, inclusive, of NRS, or of any other complaint involving the seizure of evidence by an agent of the board, the court shall enter an appropriate order disposing of all physical evidence pertaining to the complaint, whether or not the evidence was introduced as an exhibit.

      2.  Except as otherwise provided in subsection 3, evidence seized by an agent of the board which does not result in a complaint charging a violation of the law must be disposed of as follows:

      (a) The board shall notify by certified mail each potential claimant of the evidence that he has 30 days after receipt of the notice within which to file a written claim with the board for return of the evidence.

      (b) If more than one person files a claim for the evidence, the board may file an action as an interpleader pursuant to N.R.C.P. 22 to determine the rightful claimant.

      (c) A person who receives property from the board pursuant to this section shall execute such documents as are required by the board to defend, hold harmless, indemnify and release the board from any liability arising from the delivery of the property to the claimant.

      (d) If no claim is submitted, the board shall deposit all money in the state treasury for credit to the state general fund and may use all other property for any lawful purpose. The board may dispose of any property which cannot be used for any lawful purpose in the manner provided in NRS 179.165.

      3.  Evidence which constitutes a device for cheating may not be returned to a claimant and must be retained by the board. The board may periodically destroy such devices in the manner provided in NRS 179.165.

      Sec. 3.  NRS 465.070 is hereby amended to read as follows:

      465.070  It is unlawful for any person:

      1.  To alter or misrepresent the outcome of a game or other event on which wagers have been made after the outcome is made sure but before it is revealed to the players.

      2.  To place a bet after acquiring knowledge, not available to all players, of the outcome of the game or other event which is the subject of the bet or to aid anyone in acquiring such knowledge for the purpose of placing a bet contingent upon that outcome.

      3.  To claim, collect or take, or attempt to claim, collect or take, money or anything of value in or from a gambling game, with intent to defraud, without having made a wager contingent thereon, or to claim, collect or take an amount greater than the amount won.

      4.  Knowingly to entice or induce another to go to any place where a gambling game is being conducted or operated in violation of the provisions of this chapter, with the intent that [such] the other person play or participate in that gambling game.


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

ê1987 Statutes of Nevada, Page 415 (Chapter 187, SB 294)ê

 

      5.  To place or increase a bet after acquiring knowledge of the outcome of the game or other event which is the subject of the bet, including past-posting and pressing bets.

      6.  To reduce the amount wagered or cancel the bet after acquiring knowledge of the outcome of the game or other event which is the subject of the bet, including pinching bets.

 

________

 

 

CHAPTER 188, AB 362

Assembly Bill No. 362–Committee on Government Affairs

CHAPTER 188

AN ACT relating to state financial administration; replacing the state distributive school fund with the state distributive school account in the state general fund; replacing the counties’ trial assistance fund with the counties’ trial assistance account in the state general fund; abolishing the public works board option fund and the veterans’ relief fund; designating the special maintenance fund for vocational rehabilitation of disabled persons as an account; and providing other matters properly relating thereto.

 

[Approved May 20, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 242.221 is hereby amended to read as follows:

      242.221  1.  All claims made pursuant to NRS 242.121 to [242.251,] 242.241, inclusive, must, when approved by the department, be audited and paid as other claims against the state are paid.

      2.  If the state controller finds that current claims against the informational facility fund or the informational service fund exceed the amount available in the respective fund to pay the claims, he may advance temporarily from the state general fund to the appropriate fund the amount required to pay the claims, but no more than 25 percent of the revenues expected to be received in the current fiscal year from any source authorized for the appropriate fund. No amount may be transferred unless requested by the chief of the budget division of the department of administration.

      Sec. 2.  NRS 328.450 is hereby amended to read as follows:

      328.450  1.  The state treasurer shall deposit in the state distributive school account in the state general fund money received in each fiscal year pursuant to 30 U.S.C. § 191 in an amount not to exceed $10,000,000.

      2.  Any amount received in a fiscal year by the state treasurer pursuant to 30 U.S.C. § 191 in excess of $10,000,000 must be deposited in the account for revenue from the lease of federal lands, which is hereby created.

      3.  The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.


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ê1987 Statutes of Nevada, Page 416 (Chapter 188, AB 362)ê

 

      Sec. 3.  NRS 328.460 is hereby amended to read as follows:

      328.460  The state controller shall apportion money in the account for revenue from the lease of federal lands as follows:

      1.  Twenty-five percent to the state distributive school account in the state general fund.

      2.  Fifty percent to the counties from which the fuels, minerals and geothermal resources are extracted. Of the amount received by each county, one-fourth must be distributed to the school district in that county.

      3.  Twenty-five percent to the office of community services for distribution as grants to agencies and political subdivisions of the state.

      Sec. 4.  NRS 328.480 is hereby amended to read as follows:

      328.480  1.  Money received by the office of community services pursuant to NRS 328.460 must be distributed to agencies and political subdivisions of the state as grants for:

      (a) Projects to demonstrate uses for geothermal and solar energy and other alternative sources of energy;

      (b) Research to stimulate the use and production of energy from alternative sources;

      (c) Projects to assess potential alternative sources of energy;

      (d) Projects to increase available supplies of fossil and synthetic fuels and electricity and to increase the stability of those supplies;

      (e) Studies of the possible social, economic and environmental effects of the use of alternative sources of energy and means of mitigating those effects;

      (f) State and local plans for the development and use of alternative sources of energy;

      (g) Projects to convert existing public facilities to the use of alternative sources of energy; and

      (h) Establishing a program to provide loans, at low interest or that may be forgiven, to encourage the use of alternative sources of energy.

      2.  The governing body of any political subdivision may apply to the office of community services for a grant pursuant to this section.

      3.  The director of the office of community services shall review all applications for grants and forward his recommendations to the interim finance committee for its approval. The distribution of such grants must be made without regard to whether fuels, minerals or geothermal resources were extracted from the county in which the political subdivision applying for the grant is located. No money may be committed pursuant to this section until the grant is approved by the interim finance committee.

      4.  A political subdivision which receives such a grant shall maintain an account for that money separate from other accounts or funds.

      5.  Any money received by the office of community services from the state treasurer pursuant to NRS 328.460 which has not been granted to a political subdivision within 1 year after the date on which that money from the lease of federal lands is received must be returned to the state treasurer and deposited in the state distributive school account in the state general fund.


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ê1987 Statutes of Nevada, Page 417 (Chapter 188, AB 362)ê

 

      Sec. 4.5.  NRS 353.094 is hereby amended to read as follows:

      353.094  [1.  The counties’ trial assistance fund is hereby created as a trust fund.

      2.] Claims may be made against the counties’ trial assistance account in the state general fund by the board of county commissioners of any county as other claims against the state are made for jury fees, witness fees and necessary subsistence expenses attendant to any criminal trial for a capital offense where:

      [(a)] 1.  It is not established that the crime was actually committed in the county where the indictment was found or the information filed;

      [(b)] 2.  The victim or victims of the crime were not residents of the county where the indictment was found or the information filed; and

      [(c)] 3.  The trial is conducted in a county other than the county in which the indictment was found or the information filed.

      Sec. 5.  NRS 353.225 is hereby amended to read as follows:

      353.225  1.  In order to provide some degree of flexibility to meet emergencies arising during each fiscal year in the expenditures for the state distributive school account in the state general fund and for operation and maintenance of the various departments, institutions and agencies of the executive department of the state government, the chief, with the approval in writing of the governor, may require the state controller or the head of each such department, institution or agency to set aside a reserve in such amount as the chief may determine, out of the total amount appropriated or out of other funds available from any source whatever to the department, institution or agency.

      2.  At any time during the fiscal year this reserve or any portion of it may be returned to the appropriation or other fund to which it belongs and may be added to any one or more of the allotments, if the chief so orders in writing.

      Sec. 6.  NRS 353.268 is hereby amended to read as follows:

      353.268  1.  When any state agency or officer, at a time when the legislature is not in session, finds that circumstances for which the legislature has made no other provision require an expenditure during the biennium of money in excess of the amount appropriated by the legislature for the biennium for the support of that agency or officer, or for any program, including the state distributive school account in the state general fund, the agency or officer shall submit a request to the state board of examiners for an allocation by the interim finance committee from the contingency fund.

      2.  The state board of examiners shall consider the request, may require from the requester such additional information as they deem appropriate, and shall, if [they find] it finds that an allocation should be made, recommend the amount of [such] the allocation to the interim finance committee for its independent evaluation and action. The interim finance committee is not bound to follow the recommendation of the state board of examiners.


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ê1987 Statutes of Nevada, Page 418 (Chapter 188, AB 362)ê

 

      Sec. 7.  NRS 374.015 is hereby amended to read as follows:

      374.015  The legislature, having carefully considered the needs of the public school system and the financial resources of the State of Nevada, and its several classes of local governments, finds and declares:

      1.  That sound principles of government require an increased contribution by the local district, which controls its schools, to their support.

      2.  That such an increase equitably should not and economically cannot be provided through an increase in the tax upon property.

      3.  That there is no other object of taxation, except retail sales, which is so generally distributed among the several school districts in proportion to their respective population and wealth as to be suitable for the imposition of a tax in each school district for the support of its local schools.

      4.  That it is therefore necessary to impose, in addition to the sales and use taxes enacted in 1955 to provide revenue for the State of Nevada, a separate tax upon the privilege of selling tangible personal property at retail in each county to provide revenue for the school district comprising such county.

      5.  That in order to avoid imposing unfair competitive hardships upon merchants in the several counties, it is necessary that such additional tax be imposed:

      (a) At the same rate in each county; and

      (b) Upon tangible personal property purchased outside this state for use within the state.

      6.  That the imposition of such a tax at a mandatory and uniform rate throughout the counties of the state makes such tax a fair counterpart to the mandatory property tax levy which it is designed to supplement.

      7.  That the tax collected upon property purchased outside the state, which cannot for this reason be returned to its county of origin, can best serve its purpose of supporting local schools if it is channeled to the several school districts through the state distributive school account in the state general fund.

      8.  That the convenience of the public and of retail merchants will best be served by imposing the local school support tax upon exactly the same transactions, requiring the same reports and making such tax parallel in all respects to the sales and use taxes.

      Sec. 8.  NRS 374.785 is hereby amended to read as follows:

      374.785  1.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to counties under this chapter must be paid to the department in the form of remittances payable to the department.

      2.  The department shall deposit the payments in the state treasury to the credit of the sales and use tax account in the state general fund.

      3.  The state controller, acting upon the collection data furnished by the department, shall, each month, from the sales and use tax account in the state general fund:

      (a) Transfer one-half of 1 percent of all fees, taxes, interest and penalties collected in each county during the preceding month to the appropriate account in the state general fund as compensation to the state for the costs of collecting the tax for the counties.


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ê1987 Statutes of Nevada, Page 419 (Chapter 188, AB 362)ê

 

account in the state general fund as compensation to the state for the costs of collecting the tax for the counties.

      (b) Determine the amount of money equal to the taxes and any fees, interest and penalties which relate to the operation of each project for the generation, transmission or distribution of electricity, or to any other electrical facilities, whose construction is commenced on or after January 1, 1982. For the purposes of this paragraph, “commencement of construction” has the meaning ascribed to it in NRS 704.840. This amount must be apportioned:

             (1) Ten percent to the county in which the project is located; and

             (2) The remainder among all counties of the state in proportion to their respective populations.

The legislature finds and declares that the consumption of electricity is roughly proportionate to population and that this apportionment fairly distributes revenues arising from this consumption, and takes fair account of the effect of the generation of power on the natural resources of the state as a whole.

      (c) Determine for each county the amount of money equal to the fees, taxes, interest and penalties collected in the county pursuant to this chapter during the preceding month less the amount transferred pursuant to paragraph (a) of this subsection and the sum of any amounts determined pursuant to paragraph (b).

      (d) Transfer the total amount of taxes collected pursuant to this chapter during the preceding month from out-of-state businesses not maintaining a fixed place of business within this state to the state distributive school account in the state general fund.

      (e) Transfer the amount owed to each county to the intergovernmental trust fund and remit the money to the credit of the county school district fund.

      4.  For the purpose of the distribution required by this section, the occasional sale of a vehicle shall be deemed to take place in the county to which the privilege tax payable by the buyer upon that vehicle is distributed.

      Sec. 9.  NRS 385.190 is hereby amended to read as follows:

      385.190  1.  The superintendent of public instruction or a staff member designed by him shall:

      (a) Convene teachers’ conferences in the various sections of the state in such places and at such times as he deems advisable.

      (b) Engage such conference lecturers and leaders as he deems advisable.

      (c) Preside over and regulate the programs of all teachers’ conferences.

      2.  No teachers’ conference may continue more than 5 days.

      3.  The superintendent of public instruction or his designated staff member shall convene, in such places and at such times as he may designate, conferences of school administrators.

      4.  The expenses of holding teachers’ and administrators’ conferences [shall] must be paid from the state distributive school account in the state general fund, but the amount [shall] must not exceed $8,400 in any one biennium.


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

ê1987 Statutes of Nevada, Page 420 (Chapter 188, AB 362)ê

 

biennium. The state controller shall draw his warrants for such expenses upon the order of the superintendent of public instruction.

      Sec. 10.  NRS 387.030 is hereby amended to read as follows:

      387.030  All money derived from interest on the state permanent school fund, together with all money derived from other sources provided by law, [shall:] must:

      1.  Be placed in the state distributive school [fund] account which is hereby created [as an agency fund;] in the state general fund; and

      2.  Be apportioned among the several school districts of the state at the times and in the manner provided by law.

      Sec. 11.  NRS 387.122 is hereby amended to read as follows:

      387.122  For making the appointments of the state distributive school account in the state general fund required by the provisions of this Title, the basic support guarantee per pupil for each school district and the basic support guarantee for each special education program unit maintained and operated during at least 9 months of a school year are established by law for each school year.

      Sec. 12.  NRS 387.124 is hereby amended to read as follows:

      387.124  1.  On or before August 1, November 1, February 1 and May 1 of each year, the state controller shall render to the superintendent of public instruction a statement of the money in the state treasury subject to distribution to the several school districts of the state as provided in this section.

      2.  Except as otherwise provided in subsection 3, immediately after the state controller has made his quarterly report, the superintendent shall apportion the state distributive school account in the state general fund among the several county school districts in amounts approximating one-fourth of their respective yearly apportionments less any amount set aside as a reserve. Apportionment computed on a yearly basis equals the difference between the basic support and the local funds available or 10 percent of basic support, whichever is greater.     

      3.  If the state controller finds that such an action is needed to maintain the balance in the state general fund at a level sufficient to pay the other appropriations from it, he may pay out the apportionments monthly, each approximately one-twelfth of the yearly apportionment less any amount set aside as a reserve.

      Sec. 13.  NRS 387.1243 is hereby amended to read as follows:

      387.1243  1.  The first apportionment based on an estimated number of pupils and special education program units and succeeding apportionments are subject to adjustment from time to time as the need therefor may appear.

      2.  A final apportionment [shall] must be computed as soon as practicable following the close of the school year, but not later than August 1. The final computation [shall] must be based upon the actual counts of pupils required to be made for the computation of basic support and the limits upon the support of special education programs, except that for any year when the total enrollment of pupils and children described in paragraphs (a), (b), (c) and (d) of subsection 1 of NRS 387.123 is greater on the last day of any school month after the second school month and [such] the increase in enrollment shows at least:

 


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ê1987 Statutes of Nevada, Page 421 (Chapter 188, AB 362)ê

 

school month after the second school month and [such] the increase in enrollment shows at least:

      (a) A 3 percent gain, basic support as computed from first month enrollment [shall] must be increased by 2 percent.

      (b) A 6 percent gain, basic support as computed from first month enrollment [shall] must be increased by an additional 2 percent.

      3.  If the final computation of apportionment for any school district exceeds the actual amount paid to [such] the school district during the school year, the additional amount due [shall] must be paid before September 1. If the final computation of apportionment for any school district is less than the actual amount paid to [such] the school district during the school year, the amount of overpayment [shall] must be deducted from the next apportionment payable to [such] the school district. If the amount of overpayment is greater than the next apportionment payable, the difference [shall] must be repaid to the state distributive school account in the state general fund by the school district before September 1.

      Sec. 14.  NRS 387.1245 is hereby amended to read as follows:

      387.1245  1.  The board of trustees of any school district in this state whose estimated receipts from all sources provided by this chapter and chapter 374 of NRS are less than the total estimated receipts from these sources in the final approved budget for the fiscal year, and which cannot therefore provide a minimum program of education and meet its contract obligations, may apply for emergency financial assistance from the state distributive school account in the state general fund.

      2.  The application must be made to the state board of education in the form prescribed by the superintendent of public instruction, and in accordance with guidelines for evaluating needs for emergency financial assistance as established by the state board of education.

      3.  Before acting on any such application, the state board of education and state board of examiners, jointly, shall determine the difference between the total amount of money appropriated and authorized for expenditure during the current biennium from the state distributive school account in the state general fund and the total amount of money estimated to be payable from that fund during the biennium, and shall make no distribution in excess of that difference.

      4.  The state board of education shall review each application and shall by resolution find the least amount of additional money, if any, which it deems necessary to enable the board of trustees of the applying school district to provide a minimum educational program and meet its irreducible contract obligations. In making this determination, the state board of education shall consider also the amount available in the state distributive school account in the state general fund and the anticipated amount of future applications, so that no deserving school district will be wholly denied relief. Any money allocated by the state board of education under this section may not exceed, when added to all other estimated resources, the total estimated receipts in the final approved budget of the applying school district for the fiscal year.


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ê1987 Statutes of Nevada, Page 422 (Chapter 188, AB 362)ê

 

      5.  If the state board of education finds that emergency assistance should be granted to an applying school district, it shall transmit its resolution finding [such] the amount to the state board of examiners, along with a report of its then current estimate of the total requirements to be paid from the state distributive school account in the state general fund during the then current fiscal year.

      6.  The state board of examiners shall independently review each resolution so transmitted by the state board of education, may require the submission of such additional justification as it deems necessary, and shall find by resolution the amount of emergency assistance, if any, to be granted. The board may defer, and subsequently grant or deny, any part of a request. Any emergency assistance granted by the state board of examiners may not exceed, when added to all other estimated resources, the total estimated receipts in the final approved budget of the applying school district for the fiscal year.

      7.  The state board of examiners shall transmit one copy of its finding to the state board of education and one copy to the state controller. A claim pursuant to a grant of emergency assistance must be paid from the state distributive school account in the state general fund as other claims against the state are paid.

      8.  Money received by a school district pursuant to a grant of relief may be expended only in accordance with the approved budget of that school district for the fiscal year for which the grant is made. No formal action to incorporate the money so received in the approved budget is required, but the receipts must be reported as other receipts are reported and explained in a footnote as short-term financing is explained.

      9.  The state board of education shall transmit to the legislature a report of each grant of emergency assistance paid pursuant to this section.

      Sec. 15.  NRS 417.130 is hereby amended to read as follows:

      417.130  1.  Notwithstanding the provisions of subsection 3 of NRS 417.110, the commissioner may receive a fee, in an amount set by the court, for his guardianship services in any estate where the ward dies leaving no will or heirs.

      2.  [Any such] The fee must be [credited to the veterans’ relief fund, which is hereby created as a special revenue fund.] deposited in a bank account for veterans’ relief.

      Sec. 16.  NRS 417.140 is hereby amended to read as follows:

      417.140  1.  The [veterans’ relief fund] money in the account for veterans’ relief must, in the discretion of the commissioner, be used to aid destitute veterans and their dependents.

      2.  The commissioner shall deposit the [fund in the following accounts:] money in the account in:

      (a) A savings account in a bank.

      (b) A commercial checking account in a bank.

      3.  [In the management of the veterans’ relief fund, the] The commissioner shall keep an accurate record of any receipt or deposit, and of any withdrawal from any account provided in subsection 2.


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ê1987 Statutes of Nevada, Page 423 (Chapter 188, AB 362)ê

 

any withdrawal from any account provided in subsection 2. Any record of withdrawal must contain the following information:

      (a) The date of the withdrawal.

      (b) The name of the payee.

      (c) The purpose of the expenditure.

      Sec. 17.  NRS 463.385 is hereby amended to read as follows:

      463.385  1.  In addition to any other license fees and taxes imposed by this chapter, there is hereby imposed upon each slot machine operated in this state an annual tax of $250. If a slot machine is replaced by another, the replacement is not considered a different slot machine for the purpose of imposing this tax.

      2.  The commission shall:

      (a) Collect the tax annually on or before June 20, as a condition precedent to the issuance of a state gaming license to operate any slot machine for the ensuing fiscal year beginning July 1, from a licensee whose operation is continuing.

      (b) Collect the tax in advance from a licensee who begins operation or puts additional slot machines into play during the fiscal year, prorated monthly after July 31.

      (c) Include the proceeds of the tax in its reports of state gaming taxes collected.

      3.  The commission shall pay over the tax as collected to the state treasurer to be deposited to the credit of the state distributive school account in the state general fund, the capital construction fund for higher education and the special capital construction fund for higher education, hereby created in the state treasury, in the amounts and to be expended only for the purposes specified in this section.

      4.  During each fiscal year the state treasurer shall deposit the tax paid over to him by the commission as follows:

      (a) The first $5,000,000 of the tax in the capital construction fund for higher education;

      (b) Twenty percent of the tax in the special capital construction fund for higher education; and

      (c) The remainder of the tax in the state distributive school account in the state general fund.

      5.  There is hereby appropriated from the balance in the special capital construction fund for higher education on July 31 of each year the amount necessary to pay the principal and interest due in that fiscal year on the bonds issued pursuant to section 5 of chapter 679, Statutes of Nevada 1979, as amended by chapter 585, Statutes of Nevada 1981, at page 1251. If in any year the balance in that fund is not sufficient for this purpose, the remainder necessary is hereby appropriated on July 31 from the capital construction fund for higher education. The balance remaining unappropriated in the capital construction fund for higher education on August 1 of each year and all amounts received thereafter during the fiscal year must be transferred to the state general fund for the support of higher education. If those bonds are refunded and if the amount required to pay the principal of and interest on the refunding bonds in any fiscal year during the term of the bonds is less than the amount that would have been required in the same fiscal year to pay the principal of and the interest on the refunded bonds if they had not been refunded, there is appropriated to the University of Nevada an amount sufficient to pay the principal of and interest on the refunded bonds, as if they had not been refunded.


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ê1987 Statutes of Nevada, Page 424 (Chapter 188, AB 362)ê

 

principal of and interest on the refunding bonds in any fiscal year during the term of the bonds is less than the amount that would have been required in the same fiscal year to pay the principal of and the interest on the refunded bonds if they had not been refunded, there is appropriated to the University of Nevada an amount sufficient to pay the principal of and interest on the refunded bonds, as if they had not been refunded. The amount required to pay the principal of and interest on the refunding bonds must be used for that purpose from the amount appropriated, and the amount equal to the saving realized in that fiscal year from the refunding must be used by the University of Nevada to defray wholly or in part the expenses of operation and maintenance of the facilities acquired in part with the proceeds of the refunded bonds.

      6.  After the requirements of subsection 5 for each fiscal year, when specific projects are authorized by the legislature, money in the capital construction fund for higher education and the special capital construction fund for higher education must be transferred by the state controller and the state treasurer to the state public works board for the construction of capital improvement projects for the University of Nevada System, including but not limited to capital improvement projects for the community colleges of the University of Nevada System. As used in this subsection, “construction” includes but is not limited to planning, design, acquiring and developing a site, construction, reconstruction, furnishing, equipping, replacing, repairing, rehabilitating, expanding and remodeling. Any money remaining in either fund at the end of a fiscal year does not revert to the general fund in the state treasury but remains in those funds for authorized expenditure.

      7.  The money deposited in the state distributive school account in the state general fund under this section must be apportioned as provided in NRS 387.030 among the several school districts of the state at the times and in the manner provided by law.

      8.  The board of regents of the University of Nevada may use any money in the capital construction fund for higher education and the special capital construction fund for higher education for the payment of interest and amortization of principal on bonds and other securities, whether issued before, on or after July 1, 1979, to defray in whole or in part the costs of any capital project authorized by the legislature.

      Sec. 18.  NRS 527.200 is hereby amended to read as follows:

      527.200  1.  If an owner fails to take appropriate measures to destroy forest pests on his property within 30 days after the service of notice to do so as provided in NRS 527.180, the state forester may, without further notice, take such action as he [may deem] deems necessary to effect control measures to eradicate the forest pests upon [such] the land.

      2.  The cost of any such control measures may be paid from the [forest pest control fund; but such] division of forestry account, but the costs, or such portion thereof as the state forester may determine, [shall be] is a lien on all land of the owner within the zone of infestation.


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ê1987 Statutes of Nevada, Page 425 (Chapter 188, AB 362)ê

 

      3.  The state forester, subject to the approval of the director of the state department of conservation and natural resources, may apply, on such basis as he [may deem] deems equitable, any money made available to the department by the Federal Government, by the state or by any public or private agency for the purpose of controlling forest pests to defray all or any portion of the cost of control measures effected on privately owned lands.

      4.  Upon completion of control measures on any privately owned lands, the state forester shall file with the board of county commissioners of the county or counties in which [such] the lands are located an itemized and sworn statement setting forth the date when [such] the work was done, the nature of [such] the work and the portion of the cost thereof not defrayed by [funds] money made available under subsection 3 and chargeable to each owner upon whose lands the work was performed. The board of county commissioners shall thereupon present a bill to each owner for the costs payable by him, and if [such] the owner fails for 30 days thereafter to pay the [same such] bill , it and costs [shall] must be collected in the manner in which delinquent taxes are collected.

      Sec. 19.  NRS 616.277 is hereby amended to read as follows:

      616.277  1.  In case of injury, coverage by industrial insurance must be provided for rehabilitation trainees while enrolled in a rehabilitation facility operated by the rehabilitation division of the department of human resources, related to evaluation, treatment, training, surgical apparatuses or medications.

      2.  The administrator of the rehabilitation division of the department of human resources shall make payments to the system on all trainees enrolled in a rehabilitation facility operated by the rehabilitation division of the department of human resources in this state at the rate set by the system based on a wage of $200 per month per trainee.

      3.  Payments must be made from the [special maintenance fund for the vocational rehabilitation of disabled persons.] account for rehabilitation facilities of the rehabilitation division of the department of human resources.

      Sec. 20.  NRS 242.251 and 341.135 are hereby repealed.

      Sec. 21.  At the end of the fiscal year 1986-87, the state controller shall transfer the assets and liabilities of any fund abolished by the provisions of this act, to the extent that the assets are not encumbered for the fiscal year 1986-87, to the account or fund designated to replace the abolished fund.

      Sec. 22.  Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1987.

      Sec. 23.  The legislative counsel, in preparing the supplement to the Nevada Revised Statutes, with respect to any section which is not amended by this act or is enacted or further amended by another act, shall appropriately correct, in a manner consistent with this act, any reference to the state distributive school fund and the counties’ trial assistance fund.

 

________


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ê1987 Statutes of Nevada, Page 426ê

 

CHAPTER 189, AB 369

Assembly Bill No. 369–Assemblymen Triggs, Schofield, Thompson, Garner, Haller, Myrna Williams, Brookman, Banner, Sedway, May, Wendell Williams, Craddock, Nicholas, Evans, Spinello, Wisdom, Porter, Nevin, Humke, DuBois, Freeman, Gaston, Swain, Adler, Dini, Carpenter and Kissam

CHAPTER 189

AN ACT relating to handicapped persons; encouraging and authorizing cities and counties to hire certain handicapped persons on a temporary and limited basis; and providing other matters properly relating thereto.

 

[Approved May 20, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  To assist handicapped persons certified by the rehabilitation division of the department of human resources, the board of county commissioners of each county is encouraged and authorized to make temporary limited appointments of certified handicapped persons for a period not to exceed 700 hours for each appointment notwithstanding that the positions so filled are permanent positions. A handicapped person who is certified by the rehabilitation division must be placed on the appropriate list for which he is eligible but must not be placed on any list for any position in the classified service above a class grade which is equal to a majority of the classes at entry level or for trainees in the professional series as determined by the board of county commissioners.

      2.  Each such handicapped person must possess the training and experience necessary for the position for which he is certified. The rehabilitation division must be notified of the request of the board of county commissioners for a list of eligibility on which the names of one or more certified handicapped persons appear. A temporary limited appointment of a certified handicapped person pursuant to this section constitutes the person’s examination as required by NRS 284.215.

      3.  The board of county commissioners shall prescribe regulations to carry out the provisions of this section.

      4.  This section does not prevent a county from employing a person who is:

      (a) Physically handicapped if he is available and eligible for permanent employment.

      (b) Handicapped and employed pursuant to the provisions of this section in permanent employment if he qualifies for permanent employment before the termination of his temporary limited appointment.

      5.  If a person appointed pursuant to this section is appointed to a permanent position during or after the 700-hour period, the 700 hours or portion thereof must be included in calculating the employee’s probationary period.


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ê1987 Statutes of Nevada, Page 427 (Chapter 189, AB 369)ê

 

      Sec. 2.  Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  To assist handicapped persons certified by the rehabilitation division of the department of human resources, the governing body of each city is encouraged and authorized to make temporary limited appointments of certified handicapped persons for a period not to exceed 700 hours for each appointment notwithstanding that the positions so filled are permanent positions. A handicapped person who is certified by the rehabilitation division must be placed on the appropriate list for which he is eligible but must not be placed on any list for any position in the classified service above a class grade which is equal to a majority of the classes at entry level or for trainees in the professional series as determined by the governing body of the city.

      2.  Each such handicapped person must possess the training and experience necessary for the position for which he is certified. The rehabilitation division must be notified of the request of the governing body of a city for a list of eligibility on which the names of one or more certified handicapped persons appear. A temporary limited appointment of a certified handicapped person pursuant to this section constitutes the person’s examination as required by NRS 284.215.

      3.  The governing body of the city shall prescribe regulations to carry out the provisions of this section.

      4.  This section does not prevent a city from employing a person who is:

      (a) Physically handicapped if he is available and eligible for permanent employment.

      (b) Handicapped and employed pursuant to the provisions of this section in permanent employment if he qualifies for permanent employment before the termination of his temporary limited appointment.

      5.  If a person appointed pursuant to this section is appointed to a permanent position during or after the 700-hour period, the 700 hours or portion thereof must be included in calculating the employee’s probationary period.

 

________


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ê1987 Statutes of Nevada, Page 428ê

 

CHAPTER 190, AB 155

Assembly Bill No. 155–Committee on Health and Welfare

CHAPTER 190

AN ACT relating to public health; increasing the locations where the smoking of tobacco is prohibited; and providing other matters properly relating thereto.

 

[Approved May 21, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 202.2491 is hereby amended to read as follows:

      202.2491  1.  Except as otherwise provided in subsection 3, the smoking of tobacco in any form is prohibited if done in any:

      (a) Public elevator, library, museum, or a bus used by the general public, other than a chartered bus.

      (b) Room, including a lecture hall or university concert hall, located in a [public building,] building owned or occupied by a public governmental agency, while a public meeting is in progress in the room.

      (c) Hallway, waiting room or [cafeteria opened to the general public and located in a state building.

      (d) Any area in any state facility when so designated by the head of the state department having control of the area.

      (e)] other area located in a building owned or occupied by a public governmental agency when so designated by the governing body of that agency or the head of that agency, if no governing body exists.

      (d) Public waiting room, lobby or hallway of any:

             (1) Medical facility or facility for the dependent as defined in chapter 449 of NRS; or

             (2) Office of any chiropractor, dentist, physical therapist, physician, podiatrist, psychologist, optician, optometrist or doctor of traditional Oriental medicine.

      (e) Hotel, motel or restaurant when so designated by the operator thereof.

      (f) Public area of a store principally devoted to the sale of food for human consumption off the premises, except in those areas leased to or operated by a person licensed pursuant to NRS 463.160.

      2.  The person in control of an area listed in subsection 1:

      (a) Shall post signs prohibiting smoking in the area except as provided in paragraph (b).

      (b) May provide separate rooms or portions of [designated no-smoking] areas where smoking is prohibited to be used [as smoking areas where it is possible to confine the smoke to those areas.] for smoking.

      3.  The smoking of tobacco is not prohibited in any room or area designated for smoking pursuant to paragraph (b) of subsection 2.

      4.  As used in this section, “public meeting” means a gathering for which there is:

      (a) Advance notice;

      (b) A planned agenda; and


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ê1987 Statutes of Nevada, Page 429 (Chapter 190, AB 155)ê

 

      (c) A person presiding or otherwise in charge.

“Public meeting” does not include a trade show or exhibition.

 

________

 

 

CHAPTER 191, AB 115

Assembly Bill No. 115–Assemblymen McGaughey, Thompson, Schofield, Price, Tebbs, Jeffrey, Spinello, Wisdom, May, Sedway, DuBois, Kissam, Wendell Williams, Craddock, Garner, Triggs, Myrna Williams, Callister, Gaston, Porter, Arberry, Banner and Fay

CHAPTER 191

AN ACT relating to the control of floods; establishing a committee of citizens to advise the board of directors of a district for the control of floods; providing for periodic review of the master plan for control of floods; requiring public bodies to comply with the master plan; providing standards for granting a variance; and providing other matters properly relating thereto.

 

[Approved May 22, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 543 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.

      Sec. 2.  “Master plan” means the master plan for control of floods.

      Sec. 3.  1.  Each district shall establish a citizens’ advisory committee to be composed of representatives of the general public. The committee must consist of one member appointed by the county and each city all or part of whose territory is included in the district, and one member appointed by each member of the board. The board shall determine the terms of the members.

      2.  The members of the committee shall elect a chairman and a vice chairman. The committee may adopt rules for its own management.

      3.  The committee may meet as often as necessary to advise the board.

      4.  The committee shall represent the public interest and advise the board on matters related to the master plan and such other matters as the board directs.

      Sec. 4.  1.  The board shall direct its chief engineer and general manager to prepare an annual review of the master plan for consideration by the board. The review must include consideration of:

      (a) Growth and development in the district;

      (b) The cost of and progress in construction of facilities for the control of floods;

      (c) The district’s uniform code for management of a flood plain and the development of standards for construction of facilities for the control of floods;

      (d) Progress in the development of facilities by the United States Army Corps of Engineers; and


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

ê1987 Statutes of Nevada, Page 430 (Chapter 191, AB 115)ê

 

      (e) The establishment of additional long-range priorities for the control of floods.

      2.  The board shall prepare an annual report in conjunction with its review. The report must set forth:

      (a) The source and amount of money received during the previous year;

      (b) The amount of money expended during the previous year;

      (c) A listing of any project completed during the previous year;

      (d) A listing of any project under construction;

      (e) A listing of any project which is proposed for the ensuing year and the time estimated for its completion;

      (f) The amount of money expended during the previous year for the operation and maintenance of facilities for the control of floods; and

      (g) Any recommended amendments of the master plan.

      3.  A copy of the report must be filed with the district’s chief engineer. A copy must be provided to any person upon request for a fee which does not exceed the actual cost of printing and mailing the report.

      Sec. 5.  The review of the master plan conducted every 5 years, in addition to considering the information required in subsection 1 of section 4 of this act, must:

      1.  Add to the plan any new information which is relevant to the plan; and

      2.  Assess the progress toward fulfillment of the master plan during the 5-year period, identify any major obstacles to completion of the master plan and recommend amendments to the master plan resulting from growth and development in the district.

      Sec. 6.  (Deleted by amendment.)

      Sec. 7.  1.  The review provided for in section 5 of this act may be performed more frequently if the board finds that circumstances warrant performing those reviews at shorter intervals.

      2.  The budget of the district must include funding for the review and amendment of the master plan.

      Sec. 8.  1.  The district’s chief engineer or any governmental entity may propose to add to or change the district’s master plan. Any such proposal must be submitted to the district. Upon receipt of such a proposal, the board shall determine whether the proposal is consistent with the general principles set forth in subsection 3 of NRS 543.590 for the master plan. If the proposal is determined to be generally consistent with the principles, the board shall hold a public hearing to consider the adoption of the proposed amendment. The board may adopt a proposed amendment to the district’s master plan with the approval of two-thirds of the members of the board. The board shall file a copy of any amendment so adopted with the governing body of each local government whose jurisdiction includes a hydrographic area affected by the adopted amendment.

      2.  Upon receipt of such an amendment, the governing body of each local government affected shall hold a public hearing to consider the adoption of the proposed amendment as a component of its comprehensive master plan pursuant to chapter 278 of NRS.


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ê1987 Statutes of Nevada, Page 431 (Chapter 191, AB 115)ê

 

pursuant to chapter 278 of NRS. If the governing bodies of each local government whose jurisdiction includes a hydrographic area affected by the amendment to the district’s master plan approve the proposed amendment, it becomes effective.

      Sec. 9.  (Deleted by amendment.)

      Sec. 10.  The provisions of NRS 543.610 to 543.640, inclusive, apply to a district in which a tax ad valorem is levied on all taxable property in the county.

      Sec. 11.  NRS 543.180 is hereby amended to read as follows:

      543.180  As used in NRS 543.160 to 543.830, inclusive, and sections 2 to 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 543.181 to 543.188, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 12.  NRS 543.510 is hereby amended to read as follows:

      543.510  1.  The board may:

      (a) Appoint a chief engineer and general manager who must be a civil engineer registered pursuant to the provisions of chapter 625 of NRS and [must] may be selected from among [three] nominees proposed by [a committee of private citizens. The county and each city all or part of whose territory is included in the district shall appoint one member to the committee.] the citizens’ advisory committee for the district.

      (b) Prescribe the duties of officers, agents [, employees and servants,] and employees and fix their compensation.

      (c) Create a technical committee for the district. If the board of county commissioners constitutes the board of directors, the technical committee must [consist of] include one member and one alternate appointed by the county and by each city within the district. If the regional transportation commission constitutes the board of directors, the number of members and alternates appointed respectively by the county and by each city must be equal to the number of its representatives on the commission. [The committee shall annually choose one of its members as chairman.] The citizens’ advisory committee for the district shall appoint one of its members to the technical committee. The chief engineer and general manager [has no vote in the committee but] is a member of the technical committee and shall serve as its executive [secretary.] director. Each member of the committee has one vote, except the member from the citizens’ advisory committee and the chief executive and general manager, each of whom may otherwise participate in the activities of and make recommendations to the technical committee. The committee shall annually choose one of its members as chairman.

      2.  The chief engineer and general manager may hire and retain agents, employees, [servants,] engineers and attorneys, and any other persons necessary or desirable to effect the purposes of the district.

      3.  The board may contract with any agency of the Federal Government for any services related to projects for the control of floods in the district.

      4.  The district attorney, the county surveyor, the county assessor, the county auditor or comptroller, the county treasurer, their deputies, assistants, clerks and other employees are ex officio officers, deputies, assistants, clerks and employees of the district.


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ê1987 Statutes of Nevada, Page 432 (Chapter 191, AB 115)ê

 

clerks and other employees are ex officio officers, deputies, assistants, clerks and employees of the district. They shall, if requested by the board, perform the same various duties for the district as for the county. The board must reimburse the county for the cost of rendering these services.

      Sec. 13.  NRS 543.595 is hereby amended to read as follows:

      543.595  1.  The board shall adopt uniform regulations for the control of drainage, in accordance with the master plan, from land which is developed after the regulations become effective. The regulations may include provisions for the granting of a variance by the board upon application by the governmental entity having jurisdiction and showing of conditions [peculiar to certain land] which justify the variance. The board may grant a variance from the strict enforcement of the uniform regulations for that piece of property if the granting of the variance will not cause a:

      (a) Detriment to the public good;

      (b) Impairment of any affected natural resources; or

      (c) Deviation from the intent and purpose of the district’s master plan.

      2.  Before granting such a variance, the board shall consider the effect of the proposed variance on the adjacent property, the entire hydrographic area and the continued implementation of the master plan.

      [2.] 3.  On and after July 1, 1987, a county or city is not eligible to receive money, from the regional fund for the control of floods, for the acquisition of a project or improvement unless it has incorporated these regulations in its ordinances governing the subdivision of land, parcel maps, and division of land into large parcels. The county or city is then responsible for their enforcement, but the county or any city may bring an action against any of the others to compel enforcement in the latter’s territory.

      [3.] 4.  The board may also require as a condition of granting money to a county or city that the recipient comply with uniform policies established by the board for the operation and maintenance of a project or improvement.

      Sec. 14.  NRS 361A.050 is hereby amended to read as follows:

      361A.050  “Open-space use” means the current employment of land, the preservation of which use would conserve and enhance natural or scenic resources, protect streams and water supplies , maintain natural features which enhance control of floods or preserve sites designated as historic by the division of historic preservation and archeology of the state department of conservation and natural resources.

      Sec. 15.  NRS 361A.170 is hereby amended to read as follows:

      361A.170  1.  The governing body of each city or county shall [not later than September 1, 1975,] , from time to time, specify by resolution the designations or classifications under its master plan designed to promote the conservation of open space , the maintenance of natural features for control of floods and the protection of other natural and scenic resources from unreasonable impairment.

      2.  The board of county commissioners shall [not later than December 30, 1975,] , from time to time, adopt by ordinance procedures and criteria which [shall] must be used in considering an application for open-space use assessment.


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ê1987 Statutes of Nevada, Page 433 (Chapter 191, AB 115)ê

 

assessment. Such criteria may include requirements respecting public access to and the minimum size of the property.

      Sec. 16.  This act becomes effective upon passage and approval.

 

________

 

 

CHAPTER 192, AB 72

Assembly Bill No. 72–Committee on Taxation

CHAPTER 192

AN ACT relating to local financial administration; removing net proceeds of mines from the basis for the maximum allowable combined revenue; requiring the department of taxation to withhold revenue under certain circumstances; changing the basis for determining excess revenue received from taxes ad valorem; and providing other matters properly relating thereto.

 

[Approved May 22, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 354.59805 is hereby amended to read as follows:

      354.59805  Except as otherwise provided in NRS 354.59816, the maximum amount of money which a local government, except a school district, a district to provide a telephone number for emergencies, or a redevelopment agency, is permitted to receive from taxes ad valorem, other than those levied on the net proceeds of mines or for the payment of bonded indebtedness and interest thereon incurred as a general or short-term obligation of the issuer, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated by:

      1.  First multiplying the tax rate certified for that local government for the fiscal year ending on June 30, 1981, by its assessed valuation as equalized for the collection of taxes during the fiscal year beginning on July 1, 1981. For the purposes of this subsection:

      (a) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.

      (b) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.

      2.  Then subtracting the estimated amount to be received by that local government from the supplemental city-county relief tax for the fiscal year for which the tax ad valorem is to be levied. For the fiscal years beginning on and after July 1, 1982, the executive director of the department of taxation shall provide this estimate to the local government on or before March 15 preceding the fiscal year to which it applies. A local government may, on or before April 1 preceding the fiscal year to which the estimate applies, appeal in writing to the Nevada tax commission, which may increase or decrease the estimate as it finds the facts warrant.


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ê1987 Statutes of Nevada, Page 434 (Chapter 192, AB 72)ê

 

applies, appeal in writing to the Nevada tax commission, which may increase or decrease the estimate as it finds the facts warrant.

      3.  Then reducing the amount resulting from subsections 1 and 2 if necessary to bring it within any applicable limit provided in NRS 354.59811 or 354.59816.

      Sec. 2.  NRS 354.59811 is hereby amended to read as follows:

      354.59811  For each fiscal year beginning on or after July 1, 1983, the revenue of the local government from taxes ad valorem, except those levied for debt service, must not exceed the amount calculated as follows:

      1.  The rate must be set so that when applied to the current fiscal year’s assessed valuation of all property which was on the preceding fiscal year’s assessment roll , excluding net proceeds of mines, it will produce 104.5 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year.

      2.  This rate must then be applied to the total assessed valuation, excluding net proceeds of mines but including new real property, possessory interests and mobile homes, for the current fiscal year.

      Sec. 3.  NRS 354.5982 is hereby amended to read as follows:

      354.5982  1.  The local government may exceed the respective limits imposed by NRS 354.59805, 354.59811 and 354.59816 upon combined amounts received and upon calculated receipts from taxes ad valorem only if its governing body proposes to its registered voters an additional levy ad valorem, specifying the amount of money to be derived, the purpose for which it is to be expended, and the duration of the levy, and the proposal is approved by a majority of the voters voting on the question at a general election or a special election called for that purpose. The governing body may discontinue the levy before it expires and may not thereafter reimpose it in whole or in part without following the procedure required for its original imposition.

      2.  To the maximum combined revenue otherwise allowable under NRS 354.59805, 354.59811 and 354.59816 to a local government, the executive director of the department of taxation shall add any amount approved by the legislature for the cost to that local government of any substantial program or expense required by legislative enactment.

      3.  Distributions of the supplemental city-county relief tax must not be changed because actual collections of taxes ad valorem are greater or less than calculated when those taxes were levied, but any actual revenue received from taxes ad valorem, excluding net proceeds of mines and delinquent payments of taxes, in excess of the maximum allowable [from the combined sources] combined revenue must not be expended during the fiscal year in which collected, and must be subtracted from the result obtained under subsection 2 of NRS 354.59805 to reduce the maximum amount of revenue which may be derived from taxes ad valorem in the [ensuing] next fiscal year [.] for which the tax rates are certified. On or before January 1 of each year, each county treasurer shall submit a report of the excess ad valorem receipts for the prior year to the department of taxation, in the manner prescribed by the department.


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ê1987 Statutes of Nevada, Page 435 (Chapter 192, AB 72)ê

 

manner prescribed by the department. The executive director of the department of taxation shall withhold all revenue from the supplemental city-county relief tax otherwise payable to the county until an accurate and complete report is submitted.

      4.  For the purposes of this section, a fire district organized pursuant to chapter 473 of NRS is a local government.

      Sec. 4.  NRS 377.057 is hereby amended to read as follows:

      377.057  1.  The state controller, acting upon the relevant information furnished by the department, shall monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month, after making any distributions required by NRS 377.053:

      (a) Distribute the amount specified in this paragraph among the following local governments in the following percentages:

 

                                                                                                                Percent-

         Political Subdivision                                                                                   age

Churchill County............................................................................................          3.23

City of North Las Vegas................................................................................        46.52

City of Carlin...................................................................................................          2.72

Esmeralda County..........................................................................................            .20

Eureka County................................................................................................            .71

City of Winnemucca......................................................................................          5.56

City of Caliente...............................................................................................            .46

City of Yerington............................................................................................          4.77

Mineral County..............................................................................................          9.96

City of Gabbs..................................................................................................          4.31

Pershing County............................................................................................          2.52

City of Lovelock.............................................................................................          5.77

White Pine County........................................................................................          5.37

City of Ely ................................................................................................ 7.90

 

For the fiscal year beginning July 1, 1981, the monthly amount is $71,110. For each succeeding fiscal year, this amount must be reduced by $7,111 from the preceding year.

      (b) Distribute to each local government the amount calculated for it by the department of taxation pursuant to subsection 2.

      2.  The maximum amounts distributable under paragraph (b) of subsection 1 must be estimated for each fiscal year. The percentage of maximum allowable revenue, as determined pursuant to NRS 354.59805, to be derived from the supplemental city-county relief tax must be as nearly equal among the several counties as possible. The amount apportioned to each county must then be apportioned among the several local governments therein, including the county and excluding the school district, any district to provide a telephone number for emergencies, any district created under chapter 318 of NRS to furnish emergency medical services, any redevelopment agency, and any other local government excluded by specific statute, in the proportion which each local government’s basic ad valorem revenue bears to the total basic ad valorem revenue of all these local governments except that no local government may receive more than the amount to which it is entitled pursuant to NRS 354.59811 and 354.59816.


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ê1987 Statutes of Nevada, Page 436 (Chapter 192, AB 72)ê

 

and any other local government excluded by specific statute, in the proportion which each local government’s basic ad valorem revenue bears to the total basic ad valorem revenue of all these local governments except that no local government may receive more than the amount to which it is entitled pursuant to NRS 354.59811 and 354.59816. When any local government has received the maximum supplemental city-county relief tax calculated to be distributed to it, any remaining money otherwise distributable to it must be deposited in the reserve fund for the supplemental city-county relief tax.

      3.  As used in this section, the “basic ad valorem revenue”:

      (a) Of each local government is its assessed valuation , excluding net proceeds of mines, for the year of distribution, multiplied by the rate levied on its behalf for the fiscal year ending June 30, 1981, for purposes other than paying the interest on and principal of its general obligations. For the purposes of this paragraph:

             (1) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.

             (2) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.

      (b) Of the county for the distribution under subsection 1 is the sum of its individual basic ad valorem revenue and those of the other local governments within it, excluding the school district and any district created under chapter 318 of NRS to furnish emergency medical services.

      4.  For the purposes of this section, a fire protection district organized pursuant to chapter 473 of NRS is a local government.

      Sec. 5.  1.  A local government which suffers a financial hardship as a direct result of the amendatory provisions of this act may apply to the department of taxation for an increase in its tax rate or a special distribution from the reserve fund for the supplemental city-county relief tax.

      2.  If the executive director of the department of taxation finds that the local government has suffered such a financial hardship, he shall allow the local government to increase its tax rate to recover only the amount lost as a result of the amendatory provisions of this act or recommend to the interim finance committee that a special distribution from the reserve fund for the supplemental city-county relief tax be made in the amount lost, if money is available for distribution from that fund pursuant to NRS 354.5988.

      3.  The interim finance committee shall consider any such recommendation made by the executive director and may direct the state controller to make the special distribution for the purposes stated in this section.

      Sec. 6.  This act becomes effective upon passage and approval.

 

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ê1987 Statutes of Nevada, Page 437ê

 

CHAPTER 193, AB 505

Assembly Bill No. 505–Assemblymen DuBois and Nevin

CHAPTER 193

AN ACT relating to traffic laws; requiring the use of mudguards on the rear tires of certain trucks and combinations of vehicles; and providing other matters properly relating thereto.

 

[Approved May 25, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:

      Every truck, truck tractor, trailer, semitrailer or combination of those vehicles having a manufacturer’s gross vehicle weight rating of 26,000 pounds or more, when operated upon a highway, must be equipped with mudguards suspended behind its rear wheels.

 

________

 

 

CHAPTER 194, AB 450

Assembly Bill No. 450–Committee on Transportation

CHAPTER 194

AN ACT relating to crimes; prohibiting the display of vehicles for sale or lease on vacant land unless certain conditions are met; providing a penalty; and providing other matters properly relating thereto.

 

[Approved May 25, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 207 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, it is unlawful for any person to display for the purpose of sale or lease any vehicle upon any vacant lot or unimproved portion of a public right of way.

      2.  A registered owner may display for the purpose of sale or lease his vehicle upon a vacant lot if:

      (a) The activity is authorized by the applicable zoning regulations; and

      (b) The displayer is the owner of the lot or has received the written consent of the owner and the evidence of the written consent:

             (1) Is posted on the vehicle in a manner easily seen and read. If the vehicle has a windshield, the consent must be posted inside the windshield, facing outward.

             (2) Is signed by the owner of the vacant lot.

             (3) Contains the name and address of the owner of the vacant lot.

             (4) Contains the name and address of the person who owns the vehicle.


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ê1987 Statutes of Nevada, Page 438 (Chapter 194, AB 450)ê

 

             (5) States the period for which the display is authorized.

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

      4.  This section does not prohibit any dealer of vehicles licensed pursuant to chapter 482 of NRS from displaying for sale or lease vehicles in the ordinary course of his business.

      5.  For the purposes of this section, “vehicle” has the meaning ascribed to it in NRS 482.135.

 

________

 

 

CHAPTER 195, AB 556

Assembly Bill No. 556–Committee on Judiciary

CHAPTER 195

AN ACT relating to justices of the peace; requiring justices in larger counties to be attorneys at law; requiring justices in smaller counties to have a high school diploma or its equivalent; requiring the court administrator to provide certain training at least annually; and providing other matters properly relating thereto.

 

[Approved May 25, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 4.010 is hereby amended to read as follows:

      4.010  [No]

      1.  A person who is not a qualified elector [shall be] is not eligible to the office of justice of the peace.

      2.  A justice of the peace in a township whose population is 250,000 or more must be an attorney who is licensed and admitted to practice law in the courts of this state. A justice of the peace in a township whose population is less than 250,000 must have a high school diploma or its equivalent as determined by the state board of education.

      3.  Subsection 2 does not apply to any person who held the office of justice of the peace on June 30, 1987.

      Sec. 2.  NRS 4.035 is hereby amended to read as follows:

      4.035  1.  The count administrator shall, at the direction of the chief justice of the supreme court, arrange for the giving of instruction, at the National Judicial College in Reno, Nevada, or elsewhere:

      (a) In court procedure, recordkeeping and the elements of substantive law appropriate to a justice’s court, to each justice of the peace who is first elected or appointed to office after July 1, 1971, and to other justices of the peace who so desire and who can be accommodated, between each general election and January 1 next following.

      (b) In statutory amendments and other developments in the law appropriate to a justice’s court, to all justices of the peace at [convenient intervals.] least once each year.


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

ê1987 Statutes of Nevada, Page 439 (Chapter 195, AB 556)ê

 

      2.  Each county shall pay to the supreme court the county’s pro rata share of the costs of [such] that instruction as budgeted for pursuant to the Local Government Budget Act.

      3.  The supreme court shall deposit with the state treasurer, for credit to the appropriate account of the supreme court, all money received pursuant to subsection 2.

      Sec. 3.  1.  Section 1 of this act becomes effective on:

      (a) July 1, 1987, for the purposes of the appointment of any justice of the peace to fill a vacancy.

      (b) January 1, 1988, for the purposes of nominating and electing justices of the peace to terms which begin on January 2, 1989.

      (c) January 2, 1989, for all other purposes.

      2.  This section and section 2 of this act become effective on July 1, 1987.

 

________

 

 

CHAPTER 196, AB 357

Assembly Bill No. 357–Committee on Commerce

CHAPTER 196

AN ACT relating to historic districts; authorizing the renovation and operation of a brewery in the Comstock historic district; and providing other matters properly relating thereto.

 

[Approved May 26, 1987]

 

      whereas, The Comstock historic district is an area containing numerous structures, buildings and landmarks of historic interest and scenic beauty; and

      whereas, A brewery of notable repute flourished for many years in the area contained within the Comstock historic district; and

      whereas, The structure in which the brewery formerly was operated remains in existence and is eminently suitable for renovation; and

      whereas, The cultural, educational, historic and general welfare of the public would be beneficially served by the renovation and operation of a brewery in the Comstock historic district; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  A structure in which a brewery formerly was operated in the Comstock historic district may be renovated for the operation of a brewery.

      Sec. 2.  A person who operates a brewery in a structure renovated pursuant to section 1 of this act may brew and sell beer to consumers on the renovated premises only if:

      1.  The premises are conspicuously designated as a “brew-pub;”


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

ê1987 Statutes of Nevada, Page 440 (Chapter 196, AB 357)ê

 

      2.  The brewery does not produce more than 500 barrels of beer in any calendar year; and

      3.  Beer produced on the premises is not sold outside of the renovated structure.

      Sec. 3.  The provisions of NRS 598.355 do not prohibit a person from brewing and selling beer pursuant to section 2 of this act.

 

________

 

 

CHAPTER 197, AB 448

Assembly Bill No. 448–Committee on Government Affairs

CHAPTER 197

AN ACT relating to apprenticeships; providing standards for programs of apprenticeship; requiring the state apprenticeship council to approve programs and standards for apprenticeship; forbidding discrimination based on religion in apprenticeships; providing requirements for agreements of indenture as an apprentice; making various technical and administrative changes; and providing other matters properly relating thereto.

 

[Approved May 26, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 610 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  To be eligible for registration and approval by the state apprenticeship council, a proposed program must:

      1.  Be an organized, written plan embodying the terms and conditions of employment, training and supervision of one or more apprentices in an occupation in which a person may be apprenticed and be subscribed to by a sponsor who has undertaken to carry out the program.

      2.  Contain the pledge of equal opportunity prescribed in 29 C.F.R. § 30.3(b) and, when applicable:

      (a) A plan of affirmative action in accordance with 29 C.F.R. § 30.4;

      (b) A method of selection authorized in 29 C.F.R. § 30.5;

      (c) A nondiscriminatory pool for application as an apprentice; or

      (d) Similar requirements expressed in a state plan for equal opportunity in employment in apprenticeships adopted pursuant to 29 C.F.R. Part 30 and approved by the Department of Labor.

      3.  Contain:

      (a) Provisions concerning the employment and training of the apprentice in a skilled trade;

      (b) A term of apprenticeship of not less than 2,000 hours of work experience, consistent with training requirements as established by practice in the trade;


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

ê1987 Statutes of Nevada, Page 441 (Chapter 197, AB 448)ê

 

      (c) An outline of the processes in which the apprentice will receive supervised experience and training on the job, and the allocation of the approximate time to be spent in each major process;

      (d) Provisions for organized, related and supplemental instruction in technical subjects related to the trade with a minimum of 144 hours for each year of apprenticeship, given in a classroom or through trade, industrial or correspondence courses of equivalent value or other forms of study approved by the state apprenticeship council;

      (e) A progressively increasing, reasonable and profitable schedule of wages to be paid to the apprentice consistent with the skills acquired, not less than that allowed by federal or state law or regulations or by a collective bargaining agreement;

      (f) Provisions for a periodic review and evaluation of the apprentice’s progress in performance on the job and related instruction and the maintenance of appropriate records of his progress;

      (g) A numeric ratio of apprentices to journeymen consistent with proper supervision, training, safety, continuity of employment and applicable provisions in collective bargaining agreements, in language that is specific and clear as to its application in terms of job sites, work forces, departments or plants;

      (h) A probationary period that is reasonable in relation to the full term of apprenticeship, with full credit given for that period toward the completion of the full term of apprenticeship;

      (i) Provisions for adequate and safe equipment and facilities for training and supervision and for the training of apprentices in safety on the job and in related instruction;

      (j) The minimum qualifications required by a sponsor for persons entering the program, with an eligible starting age of not less than 16 years;

      (k) Provisions for the placement of an apprentice under a written agreement as required by this chapter, incorporating directly or by reference the standards of the program;

      (l) Provisions for the granting of advanced standing or credit to all applicants on an equal basis for previously acquired experience, training or skills, with commensurate wages for each advanced step granted;

      (m) Provisions for the transfer of the employer’s training obligation when he is unable to fulfill his obligation under the agreement to another employer under the same or a similar program with the consent of the apprentice and the local joint apprenticeship committee or sponsor of the program;

      (n) Provisions for the assurance of qualified training personnel and adequate supervision on the job;

      (o) Provisions for the issuance of an appropriate certificate evidencing the successful completion of an apprenticeship;

      (p) An identification of the state apprenticeship council as the agency for registration of the program;

      (q) Provisions for the registration of agreements and of modifications and amendments thereto;


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

ê1987 Statutes of Nevada, Page 442 (Chapter 197, AB 448)ê

 

      (r) Provisions for notice to the labor commissioner of persons who have successfully completed the program and of all cancellations, suspensions and terminations of agreements and the causes therefor;

      (s) Provisions for the termination of an agreement during the probationary period by either party without cause;

      (t) A statement that the program will be conducted, operated and administered in conformity with the applicable provisions of 29 C.F.R. Part 30 or a state plan for equal opportunity in employment in apprenticeships adopted pursuant to 29 C.F.R. Part 30 and approved by the Department of Labor;

      (u) The name and address of the appropriate authority under the program to receive, process and make disposition of complaints; and

      (v) Provisions for the recording and maintenance of all records concerning apprenticeships as may be required by the state apprenticeship council and applicable laws.

      Sec. 3.  All programs operated with more than one employer or an association of employers must include provisions sufficient to ensure meaningful and trustworthy representation of the interests of employees and apprentices in the management of the program.

      Sec. 4.  The state apprenticeship council shall:

      1.  Register and approve or reject proposed programs and standards for apprenticeship.

      2.  After notice and hearing and for good cause shown, suspend, terminate, cancel or place conditions upon any approved program, or place an approved program on probation.

      Sec. 5.  NRS 610.010 is hereby amended to read as follows:

      610.010  As used in this chapter, [“apprentice”] unless the context otherwise requires:

      1.  “Agreement” means a written and signed agreement of indenture as an apprentice.

      2.  “Apprentice” means a person who is covered by a written agreement , issued pursuant to a program with an employer, or with an association of employers or an organization of employees acting as agent for an employer . [, which apprenticeship agreement:

      1.  Is approved by the state apprenticeship council.

      2.  Provides for not less than 2,000 hours of reasonably continuous employment for the person.

      3.  Provides for his participation in an approved schedule of work experience through employment and for at least 144 hours per year of related supplemental instruction.]

      3.  “Program” means a program of training and instruction as an apprentice in an occupation in which a person may be apprenticed.

      Sec. 6.  NRS 610.020 is hereby amended to read as follows:

      610.020  The purposes of this chapter are:

      1.  To open to [young] people, without regard to race, color, creed, sex, religion, physical or visual handicap or national origin, the opportunity to


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

ê1987 Statutes of Nevada, Page 443 (Chapter 197, AB 448)ê

 

obtain training that will equip them for profitable employment and citizenship.

      2.  To set up, as a means to this end, [a program of voluntary apprenticeship] an organized program for voluntary training under approved [apprentice agreements] standards for apprenticeship, providing facilities for their training and guidance in the arts and crafts of industry and trade, with instruction in related and supplementary education.

      3.  To promote opportunities for employment [opportunities for young] for people, without regard to race, color, creed, sex, religion, physical or visual handicap or national origin, under conditions providing adequate training and reasonable earnings.

      4.  To regulate the supply of skilled workers [to employment demands.] in relation to the demand for skilled workers.

      5.  To establish standards for [apprentice training.] the training of apprentices in approved programs.

      6.  To establish a state apprenticeship council [and] with the authority to carry out the purposes of this chapter and provide for local joint apprenticeship committees to assist in [effectuating] carrying out the purposes of this chapter.

      7.  To provide for a state director of apprenticeship.

      8.  To provide for reports to the legislature and to the public regarding the status of [apprentice] training of apprentices in the state.

      9.  To establish [a procedure for the determination of apprentice agreement controversies.] procedures for regulating programs and deciding controversies concerning programs and agreements.

      10.  To accomplish related ends.

      Sec. 7.  NRS 610.030 is hereby amended to read as follows:

      610.030  1.  A state apprenticeship council composed of seven members is hereby created.

      2.  The labor commissioner shall appoint:

      (a) Three members who are representatives from employer associations [.] and have knowledge concerning occupations in which a person may be apprenticed.

      (b) Three members who are representatives from employee organizations [.] and have knowledge concerning occupations in which a person may be apprenticed.

      (c) One member who is a representative [from] of the general public [,] and who, before his appointment, must first receive the unanimous approval of the members appointed under the provisions of paragraphs (a) and (b) . [of this subsection.]

      3.  The state official who has been designated by the state board for occupational education as being in charge of trade and industrial education is an ex officio member of the state apprenticeship council but may not vote.

      Sec. 8.  NRS 610.060 is hereby amended to read as follows:

      610.060  1.  The member who is a representative [from] of the general public shall act as chairman of the state apprenticeship council [.] but shall not vote on matters before the council except in the case of a tie.


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

ê1987 Statutes of Nevada, Page 444 (Chapter 197, AB 448)ê

 

      2.  The labor commissioner or his [duly] appointed representative [shall be] is the ex officio secretary of the state apprenticeship council, but [shall have no] may not vote.

      Sec. 9.  NRS 610.070 is hereby amended to read as follows:

      610.070  The state apprenticeship council [may meet regularly] shall meet at least once in each calendar quarter and may meet at other times at the call of a majority of its members.

      Sec. 10.  NRS 610.090 is hereby amended to read as follows:

      610.090  The state apprenticeship council shall:

      1.  Establish standards for [apprentice agreements which in no case shall be] programs and agreements that are not lower than those prescribed by this chapter.

      2.  [Issue such rules and] Upon review and approval, extend written reciprocal recognition to multistate joint programs.

      3.  Adopt such regulations as may be necessary to carry out the intent and purposes of this chapter.

      [3.] 4.  Perform such other functions as may be necessary for the fulfillment of the intent and purposes of this chapter.

      Sec. 11.  NRS 610.120 is hereby amended to read as follows:

      610.120  1.  The state director of apprenticeship [may:] shall:

      (a) Administer the provisions of this chapter with the advice and guidance of the state apprenticeship council.

      (b) In cooperation with the state apprenticeship council and local or state joint apprenticeship committees, set up conditions and [training standards for apprentice agreements, which conditions or standards shall in no case be] standards for proposed programs, that are not less stringent than those prescribed by this chapter.

      (c) Approve any [apprentice] agreement which meets the standards established under this chapter and terminate or cancel any [apprentice] agreement in accordance with the provisions of [such agreement.] the agreement, the program, this chapter and the standards approved by the state apprenticeship council.

      (d) Keep a record of [apprentice] agreements and their dispositions.

      (e) Issue certificates of completion of apprenticeship at the request of the local joint apprenticeship committee.

      (f) Perform such other duties as are necessary to carry out the intent and purposes of this chapter.

      2.  The administration and supervision of [related] :

      (a) Related and supplemental instruction for apprentices [, coordination] ;

      (b) Coordination of instruction with job experiences [, and the] ; and

      (c) The selection and training of teachers and coordinators for [such] that instruction is the responsibility of the local joint apprenticeship committees.

      Sec. 12.  NRS 610.140 is hereby amended to read as follows:

      610.140  1.  A local or state apprenticeship committee shall:

      (a) In accordance with standards set up by the state apprenticeship council, work in an advisory capacity with employers and employees in matters regarding schedules of operations, application of wage rates, and working conditions for apprentices, which conditions [shall] must specify the number of apprentices which may be employed locally in the trade under [apprentice] programs and agreements entered into under this chapter.


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

ê1987 Statutes of Nevada, Page 445 (Chapter 197, AB 448)ê

 

matters regarding schedules of operations, application of wage rates, and working conditions for apprentices, which conditions [shall] must specify the number of apprentices which may be employed locally in the trade under [apprentice] programs and agreements entered into under this chapter.

      (b) Adjust [apprenticeship] disputes concerning apprenticeships not otherwise provided for in bona fide collective bargaining agreements.

      (c) Within 10 days after the termination of [the indenture of any apprentice,] any agreement, submit to the state apprenticeship council a written notice which includes the name of the apprentice and the reason for [his] the termination.

      (d) Keep the state apprenticeship council informed of all actions.

      2.  The [activities] decisions of local or state joint apprenticeship committees are, at all times, subject to appeal to the state apprenticeship council.

      Sec. 13.  NRS 610.150 is hereby amended to read as follows:

      610.150  Every [apprentice agreement or indenture] agreement entered into under this chapter must contain:

      1.  The names and signatures of the contracting parties [.] and the signature of a parent or legal guardian if the apprentice is a minor.

      2.  The date of birth of the apprentice.

      3.  The name and address of the sponsor of the program.

      4.  A statement of the trade [, craft or business] or craft in which the apprentice is to be [taught,] trained, and the [time at which the apprenticeship will begin and end.

      4.] beginning date and expected duration of the apprenticeship.

      5.  A statement showing the number of hours to be spent by the apprentice in work and the number of hours to be spent in related and supplemental instruction, which instruction may not be less than 144 hours per year . [; but in no case may the combined weekly hours of work and of required related and supplemental instruction of the apprentice exceed the maximum number of hours of work prescribed by law for a person of the age of the apprentice.

      5.] 6.  A statement setting forth a schedule of the processes in the trade or [industry] division of industry in which the apprentice is to be [taught] trained and the approximate time to be spent at each process.

      [6.] 7.  A statement of the graduated scale of wages to be paid the apprentice and whether or not compensation is to be paid for the required time in school . [time.

      7.  A statement]

      8.  Statements providing:

      (a) For a specific period of probation [of not more than 1,000 hours of employment and not more than 72 hours of related instruction,] during which [time the apprentice indenture] the agreement may be terminated by [the local joint apprenticeship committee at the written request, of] either party to the [indenture;] agreement upon written notice to the state apprenticeship council; and


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

ê1987 Statutes of Nevada, Page 446 (Chapter 197, AB 448)ê

 

      (b) That after the probationary period the [apprentice indenture] agreement may be [terminated after due hearing of the case by the local joint apprenticeship committee, subject to appeal to the state apprenticeship council.

      8.] canceled at the request of the apprentice, or suspended, canceled or terminated by the sponsor for good cause, with due notice to the apprentice and a reasonable opportunity for corrective action, and with written notice to the apprentice and the state apprenticeship council of the final action taken.

      9.  A reference incorporating as part of the agreement the standards of the program as it exists on the date of the agreement and as it may be amended during the period of the agreement.

      10.  A statement that the apprentice [must not be discriminated against with respect to hire, advancement, compensation or other terms, conditions or privileges of employment] will be accorded equal opportunity in all phases of employment and training as an apprentice without discrimination because of race, color, creed, sex, religion, physical or visual handicap.

      [9.  A provision that all controversies or differences concerning the apprentice agreement which cannot be adjusted locally must be submitted to the state apprenticeship council for determination as provided in NRS 610.180.

      10.] 11.  A statement naming the state apprenticeship council as the authority designated pursuant to NRS 610.180 to receive, process and dispose of controversies or differences arising out of the agreement when the controversies or differences cannot be adjusted locally or resolved in accordance with the program or collective bargaining agreements.

      12.  Such additional terms and conditions as may be prescribed or approved by the state apprenticeship council not inconsistent with the provisions of this chapter.

      Sec. 14.  NRS 610.160 is hereby amended to read as follows:

      610.160  1.  No [apprentice indenture] agreement under this chapter is effective until [the indenture] it is approved by the local joint apprenticeship committee [.] and the state director of apprenticeship. A copy of the [indenture] agreement must be forwarded within 10 days after approval by the local joint apprenticeship committee to the state director of apprenticeship . [council for review.]

      2.  Every [apprentice indenture] agreement must be signed by the employer, by an association of employers or by an organization of employees acting as agent for an employer, [as provided in NRS 610.150 and 610.170,] and by the apprentice. If the apprentice is a minor, the [apprentice indenture] agreement must also be signed by:

      (a) Both parents, if the minor is living with both parents;

      (b) The custodial parent, if the minor is living with only one parent; or

      (c) The minor’s legal guardian.

      3.  [Where] If a minor enters into an [apprentice indenture] agreement under this chapter for a period of training extending into his majority, the [apprentice indenture] agreement is likewise binding for the period covered during his majority.


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

ê1987 Statutes of Nevada, Page 447 (Chapter 197, AB 448)ê

 

[apprentice indenture] agreement is likewise binding for the period covered during his majority.

      Sec. 15.  NRS 610.170 is hereby amended to read as follows:

      610.170  For the purpose of providing greater diversity of training or continuity of employment, any [apprentice indenture] agreement made under this chapter may, [in] at the discretion of the local joint apprenticeship committee, be signed by an association of employers or an organization of employees instead of by an individual employer. In [such a] that case the [apprentice indenture shall] agreement must provide expressly that the association of employers or organization of employees does not assume the obligation of an employer, but agrees to use its best endeavors to procure employment and training for the apprentice with one or more employers who will accept full responsibility, as provided in this chapter, for all the terms and conditions of employment and training set forth in the agreement between the apprentice and the [employer association or employee organization] association of employers or organization of employees during the period of [each such] employment.

      Sec. 16.  NRS 610.180 is hereby amended to read as follows:

      610.180  1.  Upon the complaint of any interested person or upon its own initiative, the state apprenticeship council may investigate to determine if there has been a violation of the terms [of an apprentice] or conditions of an approved program or an agreement made under this chapter. The state apprenticeship council may hold necessary hearings, inquiries and other proceedings . [necessary to such investigations and determinations.] The parties to [such] each agreement and the sponsors and interested participants in the program shall be given a fair and impartial hearing, after reasonable notice. A copy of the determination or decision of each [such hearing shall] hearing must be filed with the labor commissioner, and if no appeal therefrom is filed with the labor commissioner within 10 days after the date thereof [such] the determination or decision of the state apprenticeship council becomes the order of the labor commissioner.

      2.  Any person aggrieved by any determination or action of the state apprenticeship council may appeal to the labor commissioner, whose decision, when supported by evidence, is conclusive if notice of appeal therefrom to the courts is not filed within 30 days after the date of the [order or] decision of the labor commissioner.

      3.  A person shall not institute any action [for the enforcement of any apprentice agreement or any action for damages for the breach of any apprentice agreement made under this chapter] based upon:

      (a) An agreement;

      (b) Proposed or approved standards for apprenticeship; or

      (c) A program governed by this chapter,

unless he first exhausts all administrative remedies provided by this chapter.

      Sec. 17.  NRS 610.185 is hereby amended to read as follows:

      610.185  The state apprenticeship council shall suspend for 1 year the right of any employer, association of employers or organization of employees acting as agent for an employer to participate in [the apprenticeship] a program under the provisions of this chapter if the Nevada equal rights commission, after notice and hearing, finds that [such] the employer, association or organization has discriminated against an apprentice because of race, color, creed, sex, religion, physical or visual handicap or national origin in violation of this chapter.


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

ê1987 Statutes of Nevada, Page 448 (Chapter 197, AB 448)ê

 

employees acting as agent for an employer to participate in [the apprenticeship] a program under the provisions of this chapter if the Nevada equal rights commission, after notice and hearing, finds that [such] the employer, association or organization has discriminated against an apprentice because of race, color, creed, sex, religion, physical or visual handicap or national origin in violation of this chapter.

      Sec. 18.  NRS 610.190 is hereby amended to read as follows:

      610.190  Nothing in this chapter or in any [apprentice] agreement , standard or program approved under this chapter [shall operate to invalidate any apprenticeship] invalidates any provision in any collective bargaining agreement between employers and employees setting up higher [apprenticeship standards.] standards for apprenticeship.

 

________

 

 

CHAPTER 198, AB 470

Assembly Bill No. 470–Assemblymen Jeffrey and Nevin

CHAPTER 198

AN ACT relating to drivers’ licenses; allowing the use of an affidavit from a local joint apprenticeship committee to qualify for a driver’s license for certain vehicles; and providing other matters properly relating thereto.

 

[Approved May 26, 1987]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN  SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 483.330 is hereby amended to read as follows:

      483.330  1.  The department shall examine every applicant for a driver’s license. The examination must include:

      (a) A test of the applicant’s ability to read and understand official devices used to control traffic;

      (b) A test of his knowledge of practices for safe driving and the traffic laws of this state;

      (c) Except as otherwise provided in subsection 2, a test of his eyesight; and

      (d) Except as otherwise provided in subsection 3, an actual demonstration of his ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or class of vehicle for which he is to be licensed. The examination may also include such further physical and mental examination as the department finds necessary to determine the applicant’s fitness to drive a motor vehicle safely upon the highways.

      2.  The department may provide by regulation for the acceptance of a report from an ophthalmologist, oculist or optometrist in lieu of an eye test by a driver’s license examiner.

      3.  If the department establishes a type or classification of driver’s license to operate a motor vehicle of a type which is not normally available for the purpose of examining an applicant’s ability to exercise ordinary and reasonable control of such a vehicle, the department may, by regulation, provide for the acceptance of an affidavit from a [past,] :